Sen. Van Hollen's El Salvador Trip Sparks Logan Act Debate—Irony, Anyone?

Sen. Chris Van Hollen, D-Md., is facing a wave of criticism after his unexpected trip to El Salvador to advocate for the release of deportee Kilmar Abrego Garcia. Some conservative commentators and watchdog groups are suggesting the senator may have run afoul of the Logan Act, a law dating back to 1799 that bars unauthorized Americans from negotiating with foreign governments on behalf of the U.S.

The Logan Act, named after George Logan (a senator who, in a move that was bold even for the 18th century, tried to broker peace with France on his own), threatens fines and even jail time for such freelance diplomacy. Critics are now asking if Van Hollen’s effort to free Garcia—who is accused of gang affiliations—might cross that historic legal line.

Republican strategist Roger Stone didn’t mince words, publicly questioning why Van Hollen hasn't been arrested for trying to conduct private foreign policy. Conservative radio host Vince Coglianese also aired the Logan Act’s language and wondered aloud whether the senator’s actions fit the bill—drawing a parallel to how Democrats invoked the same law in the 2016 Michael Flynn case.

Back then, Democrats seized on the Logan Act to justify investigating Flynn, President Trump’s incoming national security advisor, for contacting Russia’s ambassador ahead of the inauguration. That probe, which became a huge political storm, ultimately derailed Flynn’s career. Meanwhile, FBI notes at the time suggested even then-Vice President Joe Biden floated the Logan Act as a possible cudgel.

Byron York, a Fox News contributor, chimed in online, recalling how he long argued the Logan Act is a "dead letter"—essentially, a law on the books that nobody actually uses. Still, he pointed out the optics: a sitting senator traveling abroad to criticize the sitting president. That’s some real political theater, folks.

Adding to the pressure, the American Accountability Foundation sent a letter to the Senate Ethics Committee asking for a probe into Van Hollen’s actions. Their claim? Garcia is no innocent traveler, but rather an "enemy combatant" in the fight against transnational gangs.

For context, the Logan Act has been brandished plenty of times as a political threat—against everyone from Michael Flynn to Jesse Jackson in the 1980s, and even John Kerry and Chris Murphy for their diplomatic efforts with Iran. But here’s the kicker: not a single person has ever been successfully prosecuted under this law. Even George Logan himself dodged the consequences.

Sen. Van Hollen and Senate Ethics Chair James Lankford have yet to respond to the latest round of questions. But if there’s one thing history tells us, it’s that the Logan Act is a lot better at stirring up drama than actually putting anyone behind bars.