It's self evident that an incoming administration is not speaking for the current administration. This distinction between speaking to and speaking for sure does assume the best of motivations. And are you really so blind as to think Obama was simply speaking to? That he wasn't beginning sentences with "If I'm elected" or "Under my administration"? How is that any different from being somebody in the POTUSE's cabinet and signaling a change in direction? Even if we assume the Constitutionality and enforcement of the Logan Act are possible, attempting to apply it here would not only be a stretch, but also inconsistent to say the least. Every transition team is going to reach out and make overtures. I dare say that every transition team has done just that, at least in modern times, and it starts with those election night phone calls.