Did John Boehner violate The LOGAN ACT, by undermining the Executive Branch - ie. Netanyahu?

[TheBlackAdder]

"When Boehner conspired with Israeli Prime Minister Benjamin Netanyahu to address a joint session of Congress to campaign and “send a clear message to the White House” about how Israel will set America’s foreign policy in the Middle East, he violated a 216 year old law. A law, by the way, devised and enacted by America’s Founding Fathers that Republicans claim are their exemplars. It is now time to finally call for Boehner to be charged, tried, and convicted for violating the law and put a stop to his career-long abrogation of long-standing ethical and legal provisions to send a clear message that no-one in America is above the law.


The Speaker of the House openly violated the so-called Logan Act that was signed into law and enacted in 1799 by President John Adams and codified in 18 U.S. Code § 953. The Code addresses precisely what Speaker of the House John A. Boehner did in conspiring with Netanyahu to address a joint session of Congress to defeat the measures of the United States in relation to any disputes or controversies with the United States.


The Logan Act prohibits any “Private correspondence with foreign governments” and reads; “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.” The Supreme Court ruled that Congress cannot and should not conduct foreign affairs; that power rests in the Executive Branch exclusively.


In the 1936 Supreme Court case, United States v. Curtiss-Wright Export Corp, the Court held that “all ability to conduct foreign policy is vested in the President. It is given implicitly and by the fact that the executive, by its very nature, is empowered to conduct foreign affairs in a way that Congress cannot and should not.” Boehner just does not, and Republicans cannot, accept that yes, “all ability to conduct foreign policy is vested in the President;” regardless of the fact he is an African American man or that Republicans’ allegiance is to a foreign power; in this case Israel."



http://www.politicususa.com/2015/01/27/time-prosecute-house-speaker-john-boehner-violating-federal-law.html



The article's justification for such a claim:

"Boehner violated the Logan Act just by “directly commencing or carrying on any correspondence with a foreign government, or agent thereof” with his admitted and explicit intent of influencing measures of the United States. Boehner did say publicly that his reason for illegally corresponding with Netanyahu was to “specifically ask him (Netanyahu) to address Congress and send a clear message to the White House about our commitment to Israel.” Boehner’s hubris, defiance, and obvious disregard for longstanding U.S. law was when he publicly said, “Congress can make this decision on its own.” No matter what Boehner says, or thinks, Congress cannot make that decision on its own according to a 216 year old law and reiterated by the 79 year old ruling by the U.S. Supreme Court. Boehner needs to be fully prosecuted under 18 U.S. Code § 953 to teach him that no American is above the law regardless what he thinks. Obviously, throughout Boehner’s political career he has considered himself above the law."

[brooklynite]

1. Morally, perhaps. Legally, no.

They invited him to make a speech. Arguably no different than having someone testify at a Committee Hearing. You'd never get a conviction.

[treestar]

2. Agree, they are without proof of the element:

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.”

Though it is a dickish move. It will be interesting to hear what Bibi says.

[TheBlackAdder]

4. The article's justification...

"Boehner violated the Logan Act just by “directly commencing or carrying on any correspondence with a foreign government, or agent thereof” with his admitted and explicit intent of influencing measures of the United States. Boehner did say publicly that his reason for illegally corresponding with Netanyahu was to “specifically ask him (Netanyahu) to address Congress and send a clear message to the White House about our commitment to Israel.” Boehner’s hubris, defiance, and obvious disregard for longstanding U.S. law was when he publicly said, “Congress can make this decision on its own.” No matter what Boehner says, or thinks, Congress cannot make that decision on its own according to a 216 year old law and reiterated by the 79 year old ruling by the U.S. Supreme Court. Boehner needs to be fully prosecuted under 18 U.S. Code § 953 to teach him that no American is above the law regardless what he thinks. Obviously, throughout Boehner’s political career he has considered himself above the law."

[treestar]

7. Does Boehner have any immunity?

He may have some sort of legislative immunity.

Bibi can send clear messages to the WH without addressing Congress.

[TheBlackAdder]

8. According to SCOTUS, it's within the executive branch only. nt

[jwirr]

5. They are without proof but we all know what they were doing and the OP shows us that it is wrong.

[NoJusticeNoPeace]

3. We sure wouldnt want to waste taxpayers dollars on trying to find out, though, right?

http://www.cnn.com/ALLPOLITICS/stories/1999/04/01/counsel.probe.costs/

WASHINGTON (AllPolitics, April 1) -- Independent Counsel Ken Starr's office spent $6.2 million during the six months last year when wrapping up its case against President Bill Clinton in the Monica Lewinsky matter. With that additional spending, Starr's probe is about to become the most expensive independent counsel inquiry ever.

http://www.politicususa.com/2014/05/02/pay-back-house-republicans-owe-taxpayers-14-million-benghazi-investigations.html

House Republicans have already wasted 14 million taxpayer dollars on Benghazi investigations. Instead of appointing a Select House Committee on Benghazi, Speaker Boehner needs to pay the taxpayers back the money that he has wasted.

Benghazi monies are STILL flying out the door with NEW investigations.

[cherokeeprogressive]

6. Nnnnnnope

[kentuck]

9. Yes, but...

Will the WH hold him accountable?

[msongs]

10. the pope is a foreign power. he is addressing congress. next point is... nt

[treestar]

11. The Pope might have been processed through the usual

channels involving the WH though. Bibi isn't.