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Please note!
This fact brief was originally published as an experiment to test the concepts behind fact briefs.
Readers should be aware that while there is still a lot of useful information in fact briefs like this one, not all of them reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date, don't hesitate to contact us at support@gigafact.org.

Do a President-elect's congratulatory calls from foreign leaders risk prosecution under the Logan Act?

By Jacob Alabab-Moser
NO

There is no precedent, or obvious reason, for charging a U.S. president-elect with a violation of the Logan Act, a 1799 law that governs "private" diplomacy efforts.

The law has only been used for two prosecutions since its origins, neither of which led to a conviction. The State Department has occasionally leaned on the act for disputes over passport suspensions and travel restrictions. Courts have previously suggested that the act could be unconstitutionally vague. The act was discussed in the context of President Trump's first National Security Advisor, Michael Flynn. He was prosecuted under other laws, for lying to the FBI about calls with Russian officials before assuming office, not for the calls themselves.

President-elect Joe Biden has received a number of congratulatory calls from foreign leaders, and "readouts" have been shared with the media.

This fact brief is responsive to conversations such as this one.
ABOUT THE CONTRIBUTOR
Between 2020 and 2022, under close editorial supervision, Gigafact contracted a group of freelance writers and editors to test the concepts for fact briefs and provide inputs to our software development process. We call this effort Gigafact Foundry. Over the course of these two years, Gigafact Foundry writers published over 1500 fact briefs in response to claims they found online. Their important work forms the basis of Gigafact formats and editorial guidelines, and is available to the public on Gigafact.org. Readers should be aware that while there is still a lot of relevant information to be found, not all fact briefs produced by Gigafact Foundry reflect Gigafact's current methods and standards for fact briefs. If you come across any that you feel are out of date and need to be looked at with fresh eyes, don't hesitate to contact us at support@gigafact.org.
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