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Republican U.S. senators warned Iran's leaders on Monday that any nuclear deal with President Barack Obama could last only as long as he remains in office, an unusual partisan intervention into foreign policy that could undermine delicate international talks with Tehran.
The open letter was signed by 47 senators, all but seven of the Republicans in the Senate, and none of Obama's fellow Democrats, who called it a "stunt." It says Congress plays a role in ratifying international agreements and points out that Obama will leave office in January 2017.
They said they would consider any deal merely "an executive agreement" if it is not approved by Congress.
"The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time," the letter read.
A White House spokesman called the letter a continuation of a partisan strategy seeking to undermine Obama's ability to conduct foreign policy. He said it "certainly interferes" in efforts to negotiate a nuclear deal with Iran.
The Logan Act (1 Stat. 613, 30 January 1799, currently codified at 18 U.S.C. § 953) 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.
The Act was intended to prohibit United States citizens without authority from interfering in relations between the United States and foreign governments.
originally posted by: butcherguy
a reply to: intrepid
I am not sure that the letter constitutes negotiation.
originally posted by: intrepid
originally posted by: butcherguy
a reply to: intrepid
I am not sure that the letter constitutes negotiation.
The letter basically says that you can make a deal with Obama but it may be overturned in 2 years. That sound like negotiating, interfering at the least.
originally posted by: AugustusMasonicus
a reply to: intrepid
The Logan Act refers to individuals acting on behalf of the government.
Sadly, Congress is part of the government.
originally posted by: intrepid
Yes BUT are they "authorized" to be in these discussions? I haven't seen anything like this before, from either parties.
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.
originally posted by: AugustusMasonicus
originally posted by: intrepid
Yes BUT are they "authorized" to be in these discussions? I haven't seen anything like this before, from either parties.
All treaties need their ratification. If they have no intention of ratifying it they are saving everyone the time of doing a Kabuki Dance to craft one.
originally posted by: AugustusMasonicus
The Logan Act refers to individuals acting on behalf of the government.
So what exactly did 47 Republicans just do? They wrote to Iranian leaders advising them that Republicans will undo any nuclear deal [the President] might enter into with Iran. In other words, they are corresponding with Iran to "intentionally influence the measures or conduct of a foreign government" with the United States.
Sounds like a Logan Act violation to me.
When Pelosi visited Syria in 2007, critics claimed that she had violated the Logan Act, which is a federal law that prohibits U.S. citizens from negotiating on behalf of the United States without authorization. But the law does not appear to bar members of Congress from speaking with foreign leaders.
According to a 1975 State Department statement, which was noted in a February 1, 2006, report on the Logan Act by the nonpartisan Congressional Research Service: "The clear intent of this provision ... is to prohibit unauthorized persons from intervening in disputes between the United States and foreign governments. Nothing in [the law], 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."