None dare call it treason

So Mike Flynn chatted with the Russians weeks before he was part of the US administration.

Weeks before President Trump’s inauguration, his national security adviser, Michael T. Flynn, discussed American sanctions against Russia, as well as areas of possible cooperation, with that country’s ambassador to the United States, according to current and former American officials.

Throughout the discussions, the message Mr. Flynn conveyed to the ambassador, Sergey I. Kislyak — that the Obama administration was Moscow’s adversary and that relations with Russia would change under Mr. Trump — was unambiguous and highly inappropriate, the officials said.

The accounts of the conversations raise the prospect that Mr. Flynn violated a law against private citizens’ engaging in diplomacy, and directly contradict statements made by Trump advisers. They have said that Mr. Flynn spoke to Mr. Kislyak a few days after Christmas merely to arrange a phone call between President Vladimir V. Putin of Russia and Mr. Trump after the inauguration.

But current and former American officials said that conversation — which took place the day before the Obama administration imposed sanctions on Russia over accusations that it used cyberattacks to help sway the election in Mr. Trump’s favor — ranged far beyond the logistics of a post-inauguration phone call. And they said it was only one in a series of contacts between the two men that began before the election and also included talk of cooperating in the fight against the Islamic State, along with other issues.

And that’s not how that’s supposed to go, the Times says.

Prosecutions in these types of cases are rare, and the law is murky, particularly around people involved in presidential transitions. The officials who had read the transcripts acknowledged that while the conversation warranted investigation, it was unlikely, by itself, to lead to charges against a sitting national security adviser.

But, at the very least, openly engaging in policy discussions with a foreign government during a presidential transition is a remarkable breach of protocol. The norm has been for the president-elect’s team to respect the sitting president, and to limit discussions with foreign governments to pleasantries. Any policy discussions, even with allies, would ordinarily be kept as vague as possible.

But perhaps protocol and norms – like rules about conflicts of interest, and emoluments, and not using the office to flog merchandise – are all part of the swamp they are draining?

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