JON SCOTT (HOST): There's some discussion about something called the Logan Act, and the question is out there as to and whether Jared Kushner violated the Logan Act.
GREGG JARRETT: Yeah, the Logan Act says private citizens can't interfere in diplomatic disputes. The Logan Act can't possibly apply under the law because it has been dormant for two centuries. You cannot use a law that is dormant for two centuries. That's a violation of the law. And besides, he wasn't acting as a private citizen, as the law demands. He was acting as a government official in the incoming administration. All administrations, including President Obama, make contact with foreign governments before the president is sworn in.
SCOTT: So one of the big questions out there is, did Jared Kushner -- did he essentially lie? Did he violate the law when he was filling out his security clearance form?
JARRETT: Well, it is a crime to deceive the government in filling out your security clearance form, although it's almost never prosecuted. Why? Because it's difficult to show intent of knowingly trying to deceive the federal government. And besides, in this particular case, he amended it just a month later before any of this became public. If he was really trying to deceive, he wouldn't have done that. So, absolutely not. He would never be prosecuted for something like that. That would be unheard of.
SCOTT: So this story could end with a big fat thud is what you're suggesting?
JARRETT: It could. I mean, look, I've said it before and I'll say it again: collusion is not a crime. Only in antitrust law. You can collude all you want with a foreign government in an election. There is no such statute.
