Isn't John Boehner in Violation of the Logan Act?

[mother earth]

http://www.alternet.org/news-amp-politics/did-john-boehner-violate-law-inviting-netanyahu-address-congress

Did John Boehner Violate the Law by Inviting Netanyahu to Address Congress?

The right thought Nancy Pelosi was breaking the law when she visited the Syrian president.

By Zaid Jilani / AlterNet

January 23, 2015

House GOP leader John Boehner (OH) made headlines in multiple countries with the announcement that he had asked Israeli Prime Minister Benjamin Netanyahu to address a joint session of Congress just weeks before the Israeli election.

President Obama and Secretary Kerry have already announced they will not meet with him, as it is a breach of diplomatic protocol for an Israeli leader to visit Congress without first talking to the president. But Boehner may have run afoul of more than protocol – he may have also violated the law itself.

The Logan Act, passed in 1799 and amended in 1904, states that no citizen of the United States can act on behalf of the United States government without its explicit approval. Boehner, as a Member of Congress, is not authorized to conduct foreign policy dealings that are explicitly the purview of the executive branch.

While there have been no prosecutions under this law, the right was insistent that Rep. Nancy Pelosi (D-CA) violated in when she went to visit with Syrian President Bashar Assad in 2007.Although Boehner did not make that charge against Pelosi, he did say the only reason she carried out the visit was to “embarrass the president.”

If the right thought Pelosi visiting the Syrian president in Syria was a possible violation of the law, how can it justify Boehner explicitly coordinating with a foreign leader to address Congress to change U.S. policy?

[MADem]

1. If there were a way to prove it, I'd bet significant amonts of money that Pelosi WAS carrying water

for the US government. I don't think she was "embarrassing" Bush, she was doing the stupid little cretin a favor and delivering a message for him.

The wingnuts were simply pissing and moaning because they didn't know what kind of water Nance was actually carrying--they wanted to be 'cut in' on the conversation.

[mother earth]

5. Boehner OTOH is deliberately pushing Netanyahu to not only help in his election, but to sway

Congress to thinking as Netanyahu does, essentially war, war and more war to fight for Israel's or Netanyahu's purpose.

And there's this:

Over 90% of Netanyahus' Campaign Contributions Come from the U.S.
Shir Hever of the Alternative Information Center says many dubious fundraising strategies are used; some are illegal and under investigation

All roads lately lead to Sheldon Adelson, not just here, but in Israel. The stench is overwhelming!

[MADem]

6. Yes, indeed!

And--speaking of Pelosi--she has said there will be no "boycott" of Bibi's blatherings, but it just might be that people have work to do and gosh, they won't be able to make it.

[mother earth]

7. Why? Could it be the same reason SCOTUS allows for Citizens United? And campaign finance reform is

never tackled?

[MADem]

10. The "no boycott" thing, you mean?

Well, if people boycott it, then it's obviously IMPORTANT. Meaningful. SIGNIFICANT.

If people just don't show up because they have better things to do, well...then it's just some blowhard Bonehead invited, and well, it's probably a better use of time to get that haircut or pick up that drycleaning than sit and listen to propaganda from over the sea, y'know...?

[Journeyman]

2. Only if the Administration chooses to prosecute him for it . . .

Otherwise, he's only "guilty" of bad form and lousy politics.

[blkmusclmachine]

4. "Must look forward."

[TheKentuckian]

9. Yup, yup. Corporate, powerful, rich, cries for the banks? "Unfortunate lapse in judgment" at most.

Probably landing somewhere between forgotten as soon as it over and the next shiny object pops into the news cycle and "poor pitiful form".

[CTyankee]

3. Good point. I wonder if someone else will make this point on Morning Joe tomorrow...

I'd like to see the look on Joe's face...

[Fred Sanders]

8. CNN will be right on this actual news after they finish covering another snowstorm in winter in a local area.

HLN is even better than the Catholic News Network, at times.

[onenote]

11. No.

The Logan Act has been on the books for 216 years and there has been exactly one indictment under it. One. Many scholars believe that its unconsitutional.

Beyond that, the idea of a progressive citing the Logan Act is bizarre. Yes, the right has threatened from time to time to bring Logan Act charges against, among others, George McGovern, Jesse Jackson, Nancy Pelosi, Stokely Carmichal, Jim Wright, and Jane Fonda. But they never did. Do you really think its a good idea for Democrats to be the ones that resurrect this dead letter of a law?

Most importantly, while what Boehner did was obnoxious, rude, and a complete breach of protocol, it wasn't a violation of law in the view of the State Department, the part of the government with the most direct interest in the Logan Act. Here's what the Department of State has said about the Logan Act, in connection with a visit by George McGovern and others to meet with Cuban officials in Havana in 1975:

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

Inviting a foreign official to give a speech is even less of an intervention in anything than going over to a foreign country and having two-sided discussions with that country's officials. While seeking the Democratic nomination, Barack Obama toured a number of foreign nations and met with foreign officials, including, for example, Merkel of Germany. They reportedly discussed US policy in Afghanistan and Iraq. Given that Obama was on record as disagreeing with US policy at that time, your overly-expansive reading of the Logan Act would have rendered Obama's meetings criminal acts, which they most decidedly were not. And if what Jackson, McGovern, Obama and numerous others have done isn't a violation of the Logan Act, what Boehner isn't either.

Trying to out stupid the right wing isn't something we should be aspiring to do

[hollysmom]

14. so then Nixon's interference in the Vietnam war would have been a great example of this?

[Scuba]

12. IOKIYAR

[Nye Bevan]

13. No, of course not. We've already been through this. (nt)

[spanone]

15. the right feels no compulsion to justify anything they do. they blame it all on democrats....

as in boehner recently telling democrats to get off their asses after he's sat on his sorry ass for six years doing nothing but obstructing.

[47of74]

16. Yes but don't hold your breath waiting for Dumbf--k Orange to be held to account for that.