If the Logan Act is to be applied to one, it should be applied to all...
However, should there be actual negotiations, between Pelosi and whomever head-of-state, that's a different matter altogether.
Until such time, Pelosi shouldn't be rumored guilty...
Pelosi's Syria diplomacy a felony?
Former State Department official sees possible violation of Logan Act
Posted: April 6, 2007
House Speaker Nancy Pelosi's trip to Damascus this week to discuss foreign policy issues with Syrian President Bashar Assad – against the wishes of President Bush – might be a felony under the Logan Act, according to a former State Department official.
The Logan Act, initiated by President John Adams in 1798, makes it a felony and provides for a prison sentence of up to three years for any American, "without authority of the United States," to communicate with a foreign government in an effort to influence that government's behavior on any "disputes or controversies with the United States," points out Robert F. Turner, former acting assistant secretary of state for legislative affairs.
Writing in the Wall Street Journal today, Turner says the Bush administration "isn't going to want to touch this political hot potato, nor should it become a partisan issue."
"Maybe special counsel Patrick Fitzgerald, whose aggressive prosecution of Lewis Libby establishes his independence from White House influence, should be called back," he suggests.
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=55067
Illegal Diplomacy
Did Nancy Pelosi commit a felony when she went to Syria?
BY ROBERT F. TURNER
Friday, April 6, 2007 11:30 a.m. EDT
House Speaker Nancy Pelosi may well have committed a felony in traveling to Damascus this week, against the wishes of the president, to communicate on foreign-policy issues with Syrian President Bashar Assad. The administration isn't going to want to touch this political hot potato, nor should it become a partisan issue. Maybe special counsel Patrick Fitzgerald, whose aggressive prosecution of Lewis Libby establishes his independence from White House influence, should be called back.
The Logan Act makes it a felony and provides for a prison sentence of up to three years for any American, "without authority of the United States," to communicate with a foreign government in an effort to influence that government's behavior on any "disputes or controversies with the United States." Some background on this statute helps to understand why Ms. Pelosi may be in serious trouble.
President John Adams requested the statute after a Pennsylvania pacifist named George Logan traveled to France in 1798 to assure the French government that the American people favored peace in the undeclared "Quasi War" being fought on the high seas between the two countries. In proposing the law, Rep. Roger Griswold of Connecticut explained that the object was, as recorded in the Annals of Congress, "to punish a crime which goes to the destruction of the executive power of the government. He meant that description of crime which arises from an interference of individual citizens in the negotiations of our executive with foreign governments."
The debate on this bill ran nearly 150 pages in the Annals. On Jan. 16, 1799, Rep. Isaac Parker of Massachusetts explained, "the people of the United States have given to the executive department the power to negotiate with foreign governments, and to carry on all foreign relations, and that it is therefore an usurpation of that power for an individual to undertake to correspond with any foreign power on any dispute between the two governments, or for any state government, or any other department of the general government, to do it."
Griswold and Parker were Federalists who believed in strong executive power. But consider this statement by Albert Gallatin, the future Secretary of the Treasury under President Thomas Jefferson, who was wary of centralized government: "it would be extremely improper for a member of this House to enter into any correspondence with the French Republic . . . As we are not at war with France, an offence of this kind would not be high treason, yet it would be as criminal an act, as if we were at war." Indeed, the offense is greater when the usurpation of the president's constitutional authority is done by a member of the legislature--all the more so by a Speaker of the House--because it violates not just statutory law but constitutes a usurpation of the powers of a separate branch and a breach of the oath of office Ms. Pelosi took to support the Constitution...
continued
Of course, not all congressional travel to, or communications with representatives of, foreign nations is unlawful. A purely fact-finding trip that involves looking around, visiting American military bases or talking with U.S. diplomats is not a problem. Nor is formal negotiation with foreign representatives if authorized by the president. (FDR appointed Sens. Tom Connally and Arthur Vandenberg to the U.S. delegation that negotiated the U.N. Charter.) Ms. Pelosi's trip was not authorized, and Syria is one of the world's leading sponsors of international terrorism. It has almost certainly been involved in numerous attacks that have claimed the lives of American military personnel from Beirut to Baghdad.
The U.S. is in the midst of two wars authorized by Congress. For Ms. Pelosi to flaunt the Constitution in these circumstances is not only shortsighted; it may well be a felony, as the Logan Act has been part of our criminal law for more than two centuries. Perhaps it is time to enforce the law...
http://opinionjournal.com/extra/?id=110009908
Fri Apr 6, 6:56 AM ET
Democrats in Congress have been busy flexing their foreign policy muscles almost from the moment they took power in January, for the most part responsibly. But House Speaker Nancy Pelosi (news, bio, voting record) crossed a line this week by visiting Syria, where she met with President Bashar Assad. She violated a long-held understanding that the United States should speak with one official voice abroad - even if the country is deeply divided on foreign policy back home...
continued
Pelosi surely knew that as speaker - third in the succession line to the presidency - her high-profile presence in Damascus would be read as a contradiction of Bush's no-talkpolicy. No matter that she claimed to have stuck closely to administration positions in her conversations with Assad, smiling photos of Pelosi and the Syrian president convey the unspoken message that while the U.S. president is unwilling to talk with Syria, another wing of the government is. Assad made good use of the moment.
Also along was House Foreign Affairs Committee Chairman Tom Lantos (news, bio, voting record), D-Calif., who said the meeting was "only the beginning of our constructive dialogue with Syria, and we hope to build on this visit." That suggested Democrats are going beyond unobjectionable fact-finding and getting-to-know-you conversation into something closer to negotiations, undermining U.S. diplomacy.
If there's any justification for Pelosi's trip, it is that foreign travel by members of Congress is important. Many come to office with little knowledge of the world and soon need to make important decisions about it. This was starkly evident in December when the congressman Pelosi chose to head the critical House Intelligence Committee revealed that he didn't know the difference between Sunnis and Shiites - knowledge critical to understanding Iraq and the war on terrorism.
The speaker presumably is better informed. Pelosi said she made the trip because the bipartisan Iraq Study Group urged greater engagement with Syria. That argument is strengthened by the fact that Assad also got visits this week from several House Republicans, who defied White House requests they not go. "I don't care what the administration says on this," said Rep. Frank Wolf (news, bio, voting record), R-Va. "I want us to be successful in Iraq. I want us to clamp down on Hezbollah."...
http://news.yahoo.com/s/usatoday/20070406/cm_usatoday/pelosistepsoutofbounds
Headlines via Drudge Report
WSJ: 'Pelosi may well have committed a felony in traveling to Damascus'...
USA TODAY: Pelosi steps out of bounds...
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