"Bring Kilmar home. So, he can be afforded his rights under the Constitution. That’s what this is about," said Senator Chris Van Hollen.
Evidence, proving engagement of human trafficking and domestic violence, did not stop Senator Van Hollen's trip.
Regarding the funding of his trip has not disclosed whether taxpayer dollars were used. Estimates suggest that, if the trip included one staffer and lasted a single night, costs could range between $1,500 and $2,200, depending on travel and lodging arrangements. Without official confirmation of the trip's funding sources, these concerns remain speculative.
As of April 20, 2025, Senator Chris Van Hollen has not been indicted under the Logan Act. His recent trip to El Salvador to advocate for the release of Kilmar Abrego Garcia, a deported U.S. resident, has drawn criticism from some conservative figures who allege that his actions may constitute unauthorized diplomacy. However, no formal charges have been filed against him.Daily Kos+7NewsX World+7VOZ+7
The Logan Act, enacted in 1799, prohibits unauthorized U.S. citizens from negotiating with foreign governments in disputes involving the United States. Despite its longstanding presence in U.S. law, the Act has been rarely enforced, with only two indictments in its history, neither leading to a conviction.
Legal experts often view the Logan Act as a "dead letter," citing constitutional concerns and its vague language. In Van Hollen's case, while his trip has sparked political debate, particularly among conservative commentators, there is no indication that the Department of Justice is pursuing an indictment under the Logan Act at this time.The Independent
The Logan Act, enacted in 1799, is a U.S. federal law that prohibits unauthorized American citizens from negotiating with foreign governments in disputes involving the United States.
Since its inception, only two individuals have been indicted under this statute, and neither case proceeded to conviction.Encyclopedia Britannica+8Medium+8Time+8
The first indictment occurred in 1803 when Francis Flournoy, a Kentucky farmer, was charged after publishing an article advocating for the western territories of the U.S. to secede and form an independent nation allied with France. The case did not advance to prosecution.Wikipedia+5Federalist Society+5History Today+5
The second indictment was in 1852 involving Jonas Phillips Levy, an American merchant residing in Mexico. Levy had written to the Mexican president, urging rejection of a U.S. treaty proposal. The case was dropped due to insufficient evidence.Encyclopedia Britannica+6Wikipedia+6Wikipedia+6
In contemporary times, the Logan Act has been cited in political discourse but has not led to prosecutions. For instance, in 2017, Michael Flynn faced scrutiny under the Act for communications with the Russian ambassador before assuming his official role. Similarly, former Secretary of State John Kerry was criticized in 2018 for meeting with Iranian officials' post-tenure. In 2024, discussions arose regarding former President Donald Trump's interactions with foreign leaders, including Hungarian Prime Minister Viktor Orbán, and whether such engagements might contravene the Logan Act.Wikipédia, l'encyclopédie libre+2History Today+2Time+2Time+1The Independent+1Financial Times
Despite these instances, the Act remains untested in modern courts, and its enforceability is subject to debate, particularly concerning First Amendment rights and the separation of powers.
Trump criticized the meeting, posting on his Truth Social site: “Senator Chris Van Hollen of Maryland looked like a fool yesterday standing in El Salvador begging for attention from the Fake News Media, or anyone. GRANDSTANDER!!!”
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