The Logan Act is pretty simple and easy to understand. It reads:
“18 U.S. Code 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.”
So what part of that did Senator Tom Cotton fail to grasp when he penned his recent open letter to the Iranian government? There is no fancy-schmancy legal mumbo-jumbo in that wording. Not much room for alternate interpretations. So why the confusion? And why did 46 other senior Senators sign it?
They should have known better.
If anything, I would think that perhaps Mr. Cotton’s letter calls to the citizens of the United States to perhaps consider term limits for our representatives. If they have become?so ensconced in their imagined power that he would include this ominous threat, it is evident that they feel they are untouchable:
“Anything not approved by Congress is a mere executive agreement. Second, the offices of our Constitution have different characteristics. For example, the president may serve only two 4-year terms, whereas senators may serve an unlimited number of 6-year terms. As applied today, for instance, President Obama will leave office in January 2017, while most of us will remain in office well beyond then perhaps decades.”
When discussing this, Vice President Joe Biden said:
“In 36 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 was a direct attempt to subvert the office of the President of the United States. It was an indirect threat to the Iranian government that if they do not cow-tow to the Republicans in the US Senate, there will be no lasting agreement between the US and Iran.
Foreign Minister Mohammad Javad Zarif expressed astonishment that,
“. . . some members of the U.S. Congress find it appropriate to write to leaders of another country against their own president and administration. Adding that the 47 senators who signed the letter not only do not understand international law, but are not fully cognizant of the nuances of their own Constitution when it comes to presidential powers in the conduct of foreign policy.”
The clear intent of Tom Cotton’s open letter was to disrupt and derail any and all talks of peace with Iran. It is clear that the not so subtle threats aimed at the Iranian government in the letter were designed to tell Iran that our president had no power to enter into deals with foreign governments unless ‘they’ approved of the deal.
Cotton is a freshman senator. He is still wet behind the ears. I can see him sowing some wild oats with this letter. Stretching his senatorial wings, so to speak. But why did 46 other senior Senators sign it?
They should have known better.
This willful ignorance of the laws of this land are totally and completely unacceptable. When the average high school student better understands foreign policy than sitting senators we are in the hands of fools. They have knowingly crossed a line into criminal behavior. It is time for us, as citizens, to put our foot down and demand that these 47 senators be prosecuted for this violation of the Logan Act.
The entire list of signers is below. If one of these is the senator for your district, I urge you to contact the DOJ and demand action. There is also an official whitehouse.gov petition circulating to get this matter addressed.
Tom Cotton, R-AR
Orrin Hatch, R-UT
Charles Grassley, R-IA
Mitch McConnell, R-KY
Richard Shelby, R-AL
John McCain, R-AZ
James Inhofe, R-OK
Pat Roberts, R-KS
Jeff Sessions, R-AL
Michael Enzi, R-WY
Michael Crapo, R-ID
Lindsey Graham, R-SC
John Cornyn, R-TX
Richard Burr, R-NC
John Thune, R-SD
Johnny Isakson, R-GA
David Vitter, R-LA
John A. Barrasso, R-WY
Roger Wicker, R-MS
Jim Risch, R-ID
Mark Kirk, R-IL
Roy Blunt, R-MO
Jerry Moran, R-KS
Rob Portman, R-OH
John Boozman, R-AR
Pat Toomey, R-PA
John Hoeven, R-ND
Marco Rubio, R-FL
Ron Johnson, R-WI
Rand Paul, R-KY
Mike Lee, R-UT
Kelly Ayotte, R-NH
Dean Heller, R-NV
Tim Scott, R-SC
Ted Cruz, R-TX
Deb Fischer, R-NE
Shelley Moore Capito, R-WV
Bill Cassidy, R-LA
Cory Gardner, R-CO
James Lankford, R-OK
Steve Daines, R-MT
Mike Rounds, R-SD
David Perdue, R-GA
Thom Tillis, R-NC
Joni Ernst, R-IA
Ben Sasse, R-NE
Dan Sullivan, R-AK
