Cruz to McCabe: Is Biden Now Violating The Logan Act? You Used It To Go After Flynn | Video | RealClearPolitics

Cruz to McCabe: Is Biden Now Violating The Logan Act? You Used It To Go After Flynn

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During a Senate Judiciary hearing on Tuesday, Sen. Ted Cruz grilled former FBI director Andrew McCabe about a statement from Biden advisor Ben Rhodes that Biden is currently speaking with world leaders.

"He is talking with foreign leaders and it doesn't violate the Logan Act, because the Logan Act is unconstitutional, which is why it's never been used to prosecute anyone. You authorized using it to go after General Flynn as part of a political persecution," Cruz said. "I can give you the answer, hell no, Joe Biden is not violating the Logan Act. The reason you won't say it, is because that was your flimsy political basis to go after a decorated war hero because you disagreed politically with President Trump."

"Sir, none of that is correct," McCabe said.


SEN. TED CRUZ: McCabe, yesterday on MSNBC, Ben Rhodes the former deputy national security adviser to President Obama said that foreign leaders are already having considerations with Joe Biden, quote, "talking about the agenda they're going to pursue January 20th." Mr. McCabe, based on that testimony, do you believe Joe Biden is violating the Logan Act?

ANDREW MCCABE: I'm not aware of Ben Rhodes' statement or --

CRUZ: Take it on faith he said what I read. Assuming that quote is accurate, it's a verbatim quote, is that a violation of the Logan Act under any plausible theory.

MCCABE: I'm not prepared to take your statement on faith. And I am also not prepared to conduct legal analysis --

CRUZ: All right. You're a lawyer. Have you ever answered hypothetical in court? If it is correct that I'm accurately quoting it, something the Department of Justice frequently did wrong in this investigation, if that is what Ben Rhodes said. If Joe Biden is talking with foreign leaders right now, does it violate the Logan Act? Yes or no?

MCCABE: I'm not going to opine on a hypothetical question about what the Biden campaign --

CRUZ: OK. He is talking with foreign leaders and it doesn't violate the Logan Act, because the Logan Act is unconstitutional, which is why it's never been used to prosecute anyone. You authorized using it to go after General Flynn as part of a political persecution.

I can give you the answer, hell no, Joe Biden is not violating the Logan Act. The reason you won't say it, is because that was your flimsy political basis to go after a decorated war hero because you disagreed politically with President Trump.

MCCABE: Sir, none of that is correct.

CRUZ: Which part? Pick -- pick any aspect.

MCCABE: We didn't investigate General Flynn because we were concerned that he might violate the Logan Act.

CRUZ: It is your testimony the Logan Act was not a predicate for the FBI and DOJ investigation of General Flynn. really?

MCCABE: There were no discussions of the Logan Act --

CRUZ: There were no discussions of the logan act at the FBI, that is your testimony under penalty of perjury. and I warn you, there is abundant evidence there were.

MCCABE: If you're not going to let me finish my answer I'm not going to be able to accurately answer your question.

CRUZ: What is your testimony? is your testimony -- you just said there was no discussion of the logan act. does that remain your testimony?

MCCABE: No, Senator, that's where you cut off my testimony.

CRUZ: Please continue.

MCCABE: I would like to finish my answer.

CRUZ: Please continue.
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