The issue: Were Trump and his agents conducting their own foreign policy, at odds with official governmental policy, between the election and the inauguration?
What we know: Flynn and Kushner held meetings with Russian officials during this time. Kushner apparently wanted to create a back channel that would be invisible to US intelligence.
What we don’t know: What, if anything, did Trump personally know about this? What was discussed during these meetings? Why was it important for Kushner to communicate outside the scrutiny of the US government?
My analysis: When it’s all said and done, the record may show that Flynn and Kushner violated the Logan Act. Since some degree of communication with the Russians was probably inevitable, and maybe even desirable, during the transition period, the legal consequences of this will be somewhere between minimal and nonexistent.