What to Make of the Latest Story About Flynn and Gulen?
By Susan Hennessey, Benjamin Wittes Friday, November 10, 2017, 4:44 PM
"The federal kidnapping statute is at 18 U.S.C. 1201 and the laws of Pennsylvania—where Gulen lives—would presumably have something to say about aspects of the plot (assuming the facts as reported by the Journal are true) as well. Flynn was a private individual—a campaign adviser—at the September meeting, and in the transition period during which the December meeting took place, he was a designated government official who had not yet assumed office. When government officials act or conspire to transfer someone, against their will and not pursuant to regular legal process, to a foreign jurisdiction, that is often described as “extraordinary rendition.” Prior administrations have acknowledged the use of the practice with respect to foreigners captured overseas. Even then, it is extremely controversial. As applied to a domestic person outside of traditional legal processes, it is simply criminal—under all imaginable circumstances. Plotting to do it, is a conspiracy to kidnap."
The Journal is, as we say, ambiguous about means. In some passages, it suggests a kidnapping; in others, it suggests that Flynn would use his position as national security adviser to return Gulen by legal means. The U.S. and Turkey do have an extradition treaty. The Department of Justice has so far rebuffed Turkish extradition requests related to their claims that Gulen is the mastermind behind a 2015 failed coup attempt. But perhaps Flynn only agreed that he would use his influence to mount pressure on the Justice Department to use legal methods. And perhaps Flynn might argue that he was doing the President-elect’s bidding, attempting to reset relations with Turkey by removing a major irritant in those relations.
That answer might get Flynn out of some legal hot water, but unless the facts in the Journal story don’t pan out, there are still big problems. For one thing, there’s still the allegation about money. It’s no more legal to take $15 million to use your influence as national security adviser to bring about an outcome than it is to kidnap someone."
more: https://lawfareblog.com/what-make-latest-story-about-flynn-and-gulen
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