Did the Democrats who met with Zelensky really violate federal law?
Possibly; however, the evidence is circumstantial and the law in question has only been invoked twice in the history of the country
Many voters are asking whether the Democrat lawmakers who met with Ukrainian President Volodymyr Zelensky immediately before his visit to the White House violated federal law.
The law in question is the notorious Logan Act (18 U.S.C. § 953), a 1799 statute that prohibits unauthorized U.S. citizens from engaging in negotiations with foreign governments in disputes with the United States.
What Happened?
Reports indicate that before Zelensky’s contentious Oval Office meeting with President Donald Trump on February 28, 2025, he met with a bipartisan group of U.S. senators, including Democrats like Chris Murphy, Amy Klobuchar, and Chris Coons, as well as Republicans like Lindsey Graham.
Posts on X and some news outlets, such as the New York Post, suggest that during this meeting, Democrats advised Zelensky to reject a mineral rights deal Trump was pushing, which was intended as a step toward a Russia-Ukraine ceasefire.
Senator Murphy later posted on X that Zelensky confirmed Ukraine would not support a “fake peace agreement” without security guarantees, implying the meeting influenced Zelensky’s stance in the subsequent Trump meeting.
The Logan Act Specifics
The Logan Act states:
"Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both."
So, here are the key elements necessary for a violation:
Unauthorized Action: The individual must lack official U.S. government authorization.
Intercourse with a Foreign Government: Direct communication or negotiation with a foreign official.
Intent to Influence: The action must aim to affect the foreign government’s conduct regarding a dispute with the U.S. or to undermine U.S. policy.
Dispute or Controversy: The issue must involve an active U.S. dispute with the foreign entity.
Did the Democrats Violate the Logan Act?
Unauthorized Action:
Senators, as elected officials, have a role in shaping U.S. foreign policy through legislation and oversight, but they do not have executive authority to conduct diplomacy. That power resides with the President under Article II of the Constitution. If the senators acted without State Department or White House approval, their meeting could be considered unauthorized. There’s no evidence they had such authorization, but it’s also not explicitly required for congressional meetings with foreign leaders unless they cross into negotiation.
Intercourse with a Foreign Government:
The meeting with Zelensky, a head of state, qualifies as intercourse with a foreign government. This is undisputed—senators met him directly.
Intent to Influence:
If Democrats advised Zelensky to reject Trump’s mineral deal, as alleged, this suggests intent to influence Ukraine’s position in negotiations tied to U.S. policy. The New York Post claims this advice came from “anti-Trump Democrats,” supported by Murphy’s X post indicating Zelensky’s rejection aligned with their discussion. However, without transcripts or firsthand accounts beyond Murphy’s vague statement, the exact nature of the advice remains speculative. It could have been counsel rather than directive, which muddies the intent.
Dispute or Controversy with the U.S.:
Here’s where it gets tricky. The Logan Act applies to disputes between the U.S. and the foreign government in question (Ukraine). The U.S. and Ukraine are allies, not adversaries, despite tensions over aid and strategy in the Russia-Ukraine war. The real dispute is between Ukraine and Russia, with the U.S. as a third-party supporter. Trump’s mineral deal aimed to broker peace, a U.S. policy goal, but Zelensky’s rejection didn’t create a direct U.S.-Ukraine dispute—only a policy disagreement. The Logan Act’s text doesn’t clearly cover influencing an ally’s stance in a third-party conflict unless it directly “defeats the measures of the United States.” Advising against Trump’s deal could be framed as undermining U.S. policy, but legal precedent is thin.
Historical Context and Enforcement
The problem is, the Logan Act has been invoked rarely—only two indictments (1803 and 1852), no convictions. Recent cases, like Trump’s 2024 calls with Zelensky as a private citizen, sparked similar accusations but no charges. Courts have never clarified its scope, and its constitutionality is debated due to free speech concerns. Members of Congress often meet foreign leaders without prosecution, suggesting a practical tolerance unless actions overtly sabotage executive policy.
Conclusion
Did Democrats violate federal law?
Possibly, but it’s not clear-cut. If they explicitly directed Zelensky to reject Trump’s deal to thwart U.S. policy, it could fit the Logan Act’s criteria—unauthorized influence on a foreign leader in a way that defeats U.S. measures.
However, the evidence is circumstantial (X posts, Murphy’s statement), and the lack of a direct U.S.-Ukraine dispute weakens the case.
Practically speaking, prosecution is unlikely given the Act’s dormancy and the bipartisan nature of the meeting (Republicans were present too).
The accusation reflects political sentiment more than a slam-dunk legal breach.
Without concrete proof of their words or intent, it’s inconclusive—though it’s a provocative question worth scrutiny.
Robert J. Hutchinson is the author of numerous books of popular history, including Searching for Jesus: New Discoveries in the Quest for Jesus of Nazareth (Thomas Nelson), The Dawn of Christianity (Thomas Nelson), The Politically Incorrect Guide to the Bible (Regnery) and When in Rome: A Journal of Life in Vatican City (Doubleday). Email him at: roberthutchinson@substack.com