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Title: Why Some Think 47 GOP Senators Broke the Law With Iran Letter
Source: abcnews.go.com
URL Source: http://abcnews.go.com/Politics/47-g ... -iran-letter/story?id=29528727
Published: Mar 10, 2015
Author: TERRY MORAN
Post Date: 2015-03-10 12:11:23 by Pericles
Keywords: Iran
Views: 6748
Comments: 34

Why Some Think 47 GOP Senators Broke the Law With Iran Letter

Mar 10, 2015, 11:58 AM ET

ANALYSIS by TERRY MORAN

Some law professors and liberal commentators say they believe the “open letter” Sen. Tom Cotton and 46 of his Republican colleagues sent this week to the leaders of Iran, warning them that any nuclear deal they sign with President Obama won’t last after Obama leaves office, might be a crime.

That letter from the Arkansas Republican to the ayatollahs and other Iranian officials, critics say, is a violation of the 1799 Logan Act, which says starkly:

“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.”

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Begin Trace Mode for Comment # 25.

#1. To: Pericles (#0)

Some law professors and liberal commentators say they believe the “open letter” Sen. Tom Cotton and 46 of his Republican colleagues sent this week to the leaders of Iran, warning them that any nuclear deal they sign with President Obama won’t last after Obama leaves office, might be a crime.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech - See more at: http://constitution.findlaw.com/amendment1.html#sthash.gKxC4haQ.dpuf

Those law professors are pretty stupid.

A K A Stone  posted on  2015-03-10   12:13:48 ET  Reply   Untrace   Trace   Private Reply  


#2. To: A K A Stone (#1) (Edited)

1799 Logan Act is pretty much a law passed by our Founding Fathers. If I was a good writer I would use this law as a basis for a book where the president arrests and jails almost half the senate - nice thriller basis.

Pericles  posted on  2015-03-10   12:20:56 ET  Reply   Untrace   Trace   Private Reply  


#20. To: Pericles, A K A Stone (#2)

1799 Logan Act is pretty much a law passed by our Founding Fathers. If I was a good writer I would use this law as a basis for a book where the president arrests and jails almost half the senate - nice thriller basis.

And so many of those meddling Dems and Reps in the past would have to march to jail first. Below is how the Justice department ruled on such a case:

In 1975, Senators John Sparkman and George McGovern were accused of violating the Logan Act when they traveled to Cuba and met with officials there. In considering that case, the U.S. Department of State concluded:

The clear intent of this provision [Logan Act] is to prohibit unauthorized persons from intervening in disputes between the United States and foreign governments. Nothing in section 953 [Logan Act], however, would appear to restrict members of the Congress from engaging in discussions with foreign officials in pursuance of their legislative duties under the Constitution. In the case of Senators McGovern and Sparkman the executive branch, although it did not in any way encourage the Senators to go to Cuba , was fully informed of the nature and purpose of their visit, and had validated their passports for travel to that country.

Senator McGovern’s report of his discussions with Cuban officials states: "I made it clear that I had no authority to negotiate on behalf of the United States — that I had come to listen and learn...." (Cuban Realities: May 1975, 94th Cong., 1st Sess., August 1975). Senator Sparkman’s contacts with Cuban officials were conducted on a similar basis. The specific issues raised by the Senators (e.g., the Southern Airways case; Luis Tiant’s desire to have his parents visit the United States) would, in any event, appear to fall within the second paragraph of Section 953.

Accordingly, the Department does not consider the activities of Senators Sparkman and McGovern to be inconsistent with the stipulations of Section 953. [7]

More:

In 1984, President Ronald Reagan stated that the activities of the Reverend Jesse Jackson, who had traveled to Cuba and Nicaragua that year and had returned with several Cuban political prisoners seeking asylum in the United States, may have violated the Logan Act; but Jackson was never indicted.[1]

In 1987 and 1988, President Reagan was furious at what he felt to be House Speaker Jim Wright's "intrusion" into the negotiations between Nicaragua's Sandinista government and the Contras for a cease-fire in the long civil war. The National Security Council considered using the Logan Act to muzzle Wright, but nothing ever came of it.

In June 2007, Representative Steve King introduced legislation that would prohibit then-Speaker of the House Nancy Pelosi from drawing on Federal funds to travel to foreign states which the U.S. deems to sponsor terrorism. King claimed that Pelosi's dialogue with the Syrian government violated the Logan Act.[8] The amendment was not adopted.

Not going to happen.

redleghunter  posted on  2015-03-10   13:02:59 ET  Reply   Untrace   Trace   Private Reply  


#25. To: redleghunter, A K A Stone (#20)

In 1975, Senators John Sparkman and George McGovern were accused of violating the Logan Act ... Reverend Jesse Jackson, who had traveled to Cuba and Nicaragua ... House Speaker Jim Wright's "intrusion" into the negotiations between Nicaragua's Sandinista government ....

Okay, you deserve LF's coveted Historical Footnotes of the Month award.

Tooconservative  posted on  2015-03-10   15:31:19 ET  Reply   Untrace   Trace   Private Reply  


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