There is no express private right of action provided for in the Logan Act. For many years the leading case setting the standard for when the courts would imply a private right of action was Cort v. Ash (1975), which set up a four part test: 1. Whether the plaintiff is part of the class of persons "for whose especial benefit" the statute was enacted; 2. Whether the legislative history suggests that Congress intended to create a cause of action; 3. Whether granting an implied cause of action would support the underlying remedial scheme set down in the statute, and 4. Whether the issue would be one that is traditionally left to government enforcement.
Under this standard, the courts almost certainly would not, had they ever been asked, found a private cause of action arising out of the Logan Act.
Moreover, in recent years, the Supreme Court has narrowed the Cort v. Ash test, so that the ultimate question is whether the text and structure of the statute alone reveal whether Congress intended to create a private right of action. Given the absence of any indication in the text or structure of the Logan Act that it would create a private right of action, the issue of standing (which also would be disqualifying) would never be reached.
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