The CIA was spying on the Russians. - Correct
LTG Flynn (ret.) - a private American citizen still had rights, which were violated.
The Intelligence Community leaked classified information to the media, which is illegal. They do not have the authority to de-classify on their own accord and distribute classified materials to the media.
No one has been prosecuted under the Logan Act in over 200 years. In fact, the subject of the Logan Act - Mr. Logan was elected as a US Senator as a result of this ridiculousness of it.
BUT…if you want to apply the Logan act, then Obama should be prosecuted for his actions in July of 2008, when --independent of any policy conversations by staff – candidate Obama went to the Middle East and Europe and spoke extensively, one-on-one, about policy with leaders from Kuwait, Afghanistan, Iraq, Jordan, the West Bank, Israel, France, Germany and Britain. As a candidate, not as a president-elect.
Without thought of violating the Logan Act, Mr. Obama conducted substantive conversations with Afghan President Hamid Karzai, Iraqi Prime Minister Nouri al-Maliki, Jordan’s King Abdullah, Palestinian President Mahmoud Abbas, Israel’s Prime Minister Elud Olmert, Germany’s Chancellor Angela Merkel, France’s President Nicolas Sarkozy, Britain’s Prime Minister Gordon Brown, his predecessor Tony Blair and opposition leader David Cameron. In short, in an effort to transparently promote his presidential candidacy, with all manner of topics, candidate Obama flew straight into the Logan Act.