Did Justin Trudeau's meeting with Donald Trump break a 225-year-old U.S law?
Experts say it's unlikely there will be any consequences for possible violation of the Logan Act
Prime Minister Justin Trudeau's meeting with U.S. president-elect Donald Trump last week likely violated a 225-year-old U.S. law, but experts say it's highly unlikely that Trump will face any consequences.
On Friday, Trudeau surprised Canadians by making an unannounced trip to Trump's Mar-a-Lago resort in West Palm Beach, Florida. Over dinner, Trudeau, Public Safety Minister Dominic LeBlanc and the prime minister's chief of staff Katie Telford talked about a series of contentious issues with Trump and three of his cabinet nominees — Howard Lutnick (Commerce), Mike Waltz (National Security) and Doug Burgum (Interior).
Among the topics discussed were trade and Trump's threat of a 25 per cent tariff on Canadian imports, border security, fentanyl, NATO, the war in Ukraine, pipelines and the upcoming G7 meeting.
A lively debate has been circulating online about whether the meeting violated U.S. law. Last month, Japanese Prime Minister Shigeru Ishiba said he was told by Trump's transition team that a face-to-face meeting he had sought with the president-elect wouldn't be possible because meetings with world leaders before the inauguration in January were restricted by the Logan Act.
The Logan Act, enacted by the U.S. in 1799, prohibits private U.S. citizens from engaging in talks or negotiations with foreign governments without the permission of the U.S. government. Since its enactment, there have only been two indictments and no convictions.
American politicians, including Trump, have at times used the Logan Act as a political weapon by accusing opponents of violating it. More recently, questions have been raised about whether Trump broke the law in July when he hosted foreign leaders like Hungarian Prime Minister Viktor Orbán and Israeli Prime Minister Benjamin Netanyahu.
Logan Act applies to U.S. citizens only
Speaking to reporters on Monday aboard Air Force One, White House national security communications adviser John Kirby was asked about Trudeau meeting with Trump and whether Trudeau had also spoken to Biden. Kirby said Biden had not spoken with Trudeau since the meeting with Trump and did not raise concerns about Trump meeting with Trudeau.
"Is it appropriate for foreign leaders to speak to an incoming president-elect?" he told reporters. "Yeah, of course it is."
Julian Ku, director of international programs at the Hofstra University law faculty in New York, said Trudeau is in the clear but Trump may have violated the Logan Act.
"With respect to Prime Minister Trudeau, he himself has no liability because the law would only apply to U.S. citizens," Ku told CBC News.
"With respect to the meeting itself, it is potentially a problem with the Logan Act because the Logan Act would apply to president-elect Trump."
Although the law is still on the books, nobody has been charged with violating it for decades, Ku pointed out.
"The plain text of that law suggests that it might apply to President Trump," he said. "But I think it is highly unlikely that any prosecution would ever be brought under the Logan Act against President Trump or, frankly, anyone else."
Political tool
Still, the Logan Act is a popular political tool, said Ku.
"The language is very attractive for political talking points as a way to criticize what is a real concern about people who are not actually empowered under U.S. law to do things, carrying on, sort of, foreign policy," he said.
"I think it's more of a political tool than any sort of serious legal jeopardy."
Fen Hampson, chancellor's professor at Carleton University and a professor of international affairs, said Trump may have broken the Logan Act when he met Trudeau but he's unlikely to face any consequences.
"The Logan Act has only been invoked twice in its long history," Hampson said in an e-mailed response. "The reluctance to invoke it has largely [been] because it might involve a violation of free speech. As some of the 'disputes' between the U.S. and Canada, such as the threat to enact tariffs, are of Trump's own making via tweets, this would not be a dispute in the classical sense."
Hampson also said he wonders who would launch such a prosecution and suggested it would be unlikely to "go anywhere, given the current complexion of the … Supreme Court."
Law unlikely to be enforced
Renan Levine, who teaches U.S. politics at the University of Toronto, agrees Trump has no reason to fear prosecution for violating the Logan Act.
"It's a possible violation of a law that is rarely enforced and will certainly not be enforced vis-a-vis Trump," Levine said.
A possible violation of the Logan Act pales in comparison to other accusations against Trump, he said, citing his decision to keep presidential documents at Mar-a-Lago and his role in the Jan. 6 attack on the Capitol.
Plus, it would be hard to argue that discussing issues like fentanyl trafficking runs contrary to the U.S. government's position or its interests, Levine said.
In the end, though, he says the Logan Act is still on the books and can still be enforced.
"We can have a discussion about why the Logan Act actually still exists and perhaps they should get rid of it," he said. "But if they haven't gotten rid of it, well, it's a law like any other law."
The prime minister's office did not address any of the questions posed by CBC News about whether it was aware of the Logan Act when it organized the trip.
"The Prime Minister and U.S. President Donald Trump shared a productive dinner last Friday, centred on collaboration and strengthening our relationship," wrote Jenna Ghassabeh in an e-mailed response. "As Canada's closest friend and ally, the United States is our key partner, and we are committed to working together in the interests of Canadians and Americans."
The Trump transition team has yet to respond to questions from CBC News.
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