Should former SecState John Kerry be indicted for violation of the Logan Act?
Kerry has in recent months, according to this Boston Globe Story, been holding talks with Iranian leaders. Specifically, alleges the Globe “He sat down at the United Nations with Foreign Minister Javad Zarif to discuss ways of preserving the pact limiting Iran’s nuclear weapons program.” Kerry declined comment on the report, according to the Globe.
While to average sheeple, it would seem on the surface that having a former secretary of state lobbying for something would be reasonable, it’s not. Kerry’s meetings reveal how the Obama Deep State is trying to continue Obama-Clinton-Kerry era foreign policies after leaving office. It’s also likely against the law under the Logan Act.
What is the Logan Act? Essentially, it is a law designed to keep private citizens from messing around in foreign policy.
While it’s true that John Kerry is a former SecState, because the U.S. does not confer ‘titles of nobility,’ when Kerry left office January 17, 2017, he became – from a legal standpoint – just another citizen with the same rights as you and me.
That’s where he may have, in our view, run afoul of the Logan Act which says:
§ 953. Private correspondence with foreign governments.
- 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.
1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).
What’s more, in explaining the Logan Act, Wikipedia adds a very clear distillation of who could have authorized Kerry’s conversations about Iranian nukes:
Article II, Section 2, Clause 2 of the United States Constitution includes the ‘Treaty Clause,’ which empowers the President of the United States to propose and chiefly negotiate agreements, which must be confirmed by the Senate, between the United States and other countries, which become treaties between the United States and other countries after the advice and consent of a supermajority of the United States Senate.
“[T]he President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it. As Marshall said in his great argument of March 7, 1800, in the House of Representatives, ‘The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.’
Thus, since the President alone has the power in foreign relations, and absent any authorization from the Trump administration, ANY contacts made by former Secretaries of State (which would also cover Hillary Clinton, too, for example), would also appear to run afoul the Logan Act.
As we see it, this is a key Constitutional breach by the self-righteous former Obama administration leadership, which doesn’t even now recognize that the American People voted for a different team to run things. They’ve been trying to thwart Trump at every turn, and now this!
While Kerry (and Obama) would no doubt argue for Iran, absent a specific delegation from Trump to Kerry to speak on behalf of the US, seems to a fair subject warranting an investigation by a Special Prosecutor.
As it happens, I happen to know of one who isn’t doing much of anything productive…other then also sniping at Trump…, who might be reassigned to something where there’s what appears to be a ‘smoking gun’ of obstruction.
Obama et al left office a year ago January. Now, it turns out, democrats – like John Kerry – appear to be continuing efforts with their unelected Deep State – to run America.
That, my friend, is not how elections are supposed to work. And as should be obvious by now, it’s not how the 2016 election turned out.
Don’t hold your breath, though. The left-leaning mass media will no doubt paper this over, although we think the Logan question is very legit.