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To: nickcarraway; All
Text of the Logan Act:

§ 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.

Note the qualification "without the authority of the United States".

Now, be aware of the official position of the Department of State as of 1995:

The clear intent of this provision [Logan Act] is to prohibit unauthorized persons from intervening in disputes between the United States and foreign governments. Nothing in section 953 [Logan Act], 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.

Thus, it appears that members of Congress are "authorized" to have conversations with foreign governments -- but not to >negotiate with them unless expressly authorized by the President.

Notably, only one indictment has been brought under Section 953 -- that against Peter Flournoy, a private citizen, in 1803. But the case was dropped and there has never been a prosecution under the Logan Act.

There have been times when members of Congress have apparently entered negotiations with foreign governments without proper authority and, indeed, work to defeat a policy of the United States. In these cases, the argument that they have violated the Logan Act can certainly be made -- though it has never led to a prosecution.

However, Senator Cruz clearly has not exceeded his authority under the terms of the act.

14 posted on 05/29/2014 2:16:52 AM PDT by okie01 (The Mainstream Media: Ignorance on parade.)
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To: okie01

Thanks for posting.


15 posted on 05/29/2014 2:22:33 AM PDT by Sacajaweau
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To: okie01; nickcarraway; kingattax
Now, be aware of the official position of the Department of State as of 1995:
The clear intent of this provision [Logan Act] is to prohibit unauthorized persons from intervening in disputes between the United States and foreign governments. Nothing in section 953 [Logan Act], 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.


Now is your chance, nickcarraway, to man up and admit that maybe, just maybe, you were wrong.
22 posted on 05/30/2014 12:24:58 PM PDT by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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