WATCH: Cruz grills McCabe on whether Biden is violating the Logan Act

Following Biden advisor Ben Rhodes openly sharing that Joe Biden is already speaking with world leaders, Texas Senator Ted Cruz grilled former FBI deputy director Andrew McCabe on whether he was violating the Logan act.

Cruz said “McCabe, yesterday on MSNBC, Ben Rhodes the former deputy national security adviser to President Obama said that foreign leaders are already having considerations with Joe Biden, quote, “talking about the agenda they’re going to pursue January 20th.” Mr. McCabe, based on that testimony, do you believe Joe Biden is violating the Logan Act?”

McCabe said he was not aware of Ben Rhodes statement and “I’m not prepared to take your statement on faith. And I am also not prepared to conduct legal analysis”

Given another chance to answer a “hypothetical” McCabe reiterated “I’m not going to opine on a hypothetical question.”

Cruz then cut in and said “OK. He is talking with foreign leaders and it doesn’t violate the Logan Act, because the Logan Act is unconstitutional, which is why it’s never been used to prosecute anyone. You authorized using it to go after General Flynn as part of a political persecution.”

Cruz continued “I can give you the answer, hell no, Joe Biden is not violating the Logan Act. The reason you won’t say it, is because that was your flimsy political basis to go after a decorated war hero because you disagreed politically with President Trump.”

“Sir, none of that is correct,” McCabe replied.