Friday, March 13, 2015

Let's Talk About The Logan Act

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects.


https://www.law.cornell.edu/uscode/text/18/953


What does "without authority of the United States" mean? Let's take a look at what the Constitution says:


Article I, Section 8

18: [The Congress shall have power] To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Article II, Section 2

2: [The President] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President conducts our foreign policy ONLY by and with the advice and consent of the Senate. It is the Senate and the House of Representatives which are "the United States" whose authority is referred to in the Logan Act.


To say that senators do not have the authority individually and collectively to speak with and influence foreign governments is ludicrous. They are not "any citizen"; they are the states themselves.


Frankly, it is Obama ad-Dajjal who is ignoring our Constitution and our laws. To attack the Senate with the Logan Act is a red herring. Do you really think Congress would pass a law which restricted their actions in the manner now being claimed by critics of the "Iran letter"?

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