Is there no end to Republican conservative duplicity?
Just when you thought congressional Republicans couldn’t look any more like a troupe of treacherous and sophomoric hooligans hellbent on undermining the United States, they pull out another bag of high-school level tricks.
On Monday, 47 Republican senators signed an open letter addressed to the “Leaders of the Islamic Republic of Iran” on U.S. Senate letterhead. The correspondence advises that Iran’s ongoing negotiations on its nuclear program with the Obama administration are a futile endeavor that will be overturned by the next President or modified by Congress.
Violation Of The Logan Act
Senator Tom Cotton’s letter to Iran is a direct violation of the Logan Act and should lead to prosecution as Senator Tom Cotton and 46 other signatories letter to the Iranian Government is an attempt to influence and interfere with the President’s current negotiations.
The Logan Act is a United States federal law that forbids unauthorized citizens from negotiating with foreign governments. It was passed in 1799 and last amended in 1994. Violation of the Logan Act is a felony, punishable under federal law with imprisonment of up to three years.
While the letter’s signatories are U.S. senators, they do not have the “authority of the United States” as required by law since, in conducting foreign policy, the executive branch is the United States’ only authorized authority, taking into consideration the occasional “Advice and Consent of the Senate” as prescribed by the Constitution. It’s directly addressed to leaders of a foreign government presently involved in talks with the U.S., and it is designed to thwart those talks. Unless the senators were authorized by the President to address Iran’s leaders in this letter, the 47 U.S. senators violated a federal law that carries a prison term of up to three years.
§ 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.
1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).
The Constitution expressly provides sole authority to the President or his designated representative to negotiate with other countries. The Congress only has that authority if the President extends it to them. They only authority they have is after the negotiations are over…and then only if it’s a treaty.
It Is Sedition
Moreover, the action may be considered sedition: “sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order.” This Republican action is clearly designed to undermine the authority of the legally elected executive while negotiating with a hostile foreign power—it is formal, declared in writing, printed and signed on official Senatorial letterhead, and was not voted on by Congress before the act of sedition took place. As such, it is prosecutable under 18 US Code Chapter 115.
They are aiding and comforting the Iranians by presenting the United States as irrevocably divided and utterly undisciplined nation. The Republican Senators clearly have no interest other than their own aggrandizement and the sabotage of effort to make the world a safer place for all.
Republican party members have demonstrated themselves on numerous contemporary occasions to be unfit to govern.
Biden Lashes Out Accurately
“In thirty-six years in the United States Senate, I cannot recall another instance in which Senators wrote directly to advise another country — much less a longtime foreign adversary — that the President does not have the constitutional authority to reach a meaningful understanding with them. This letter sends a highly misleading signal to friend and foe alike that that our Commander-in-Chief cannot deliver on America’s commitments — a message that is as false as it is dangerous.
“The decision to undercut our President and circumvent our constitutional system offends me as a matter of principle. As a matter of policy, the letter and its authors have also offered no viable alternative to the diplomatic resolution with Iran that their letter seeks to undermine.”
—Vice President Biden in a statement released by the White House
Republicans Fail The Test Of Ronald Reagan
Once upon a time, Republicans negotiated nuclear agreements with archenemies, and they actually signed them—Ronald Reagan and George H.W. Bush. Reagan’s approach was simple and has guided President Obama’s tact: “Trust, but verify.” Thirty years later, it’s a shame Republicans refuse example.