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GOP Senators Probably Broke Law With Iran Letter
http://www.msn.com/en-us/news/politics/gop-senators-probably-broke-law-with-iran-letter/ar-AA9BIdI
"Senators who reached out to Iran’s leaders to undermine President Barack Obama’s nuclear negotiations probably broke the law, and they're going to get away with it.
The law they probably broke, the Logan Act of 1799, allows for fines and up to three years in prison.
The act bans U.S. citizens from engaging “without authority of the United States” in “correspondence or intercourse with any foreign government ... with intent to influence the measures or conduct of any foreign government ... in relation to any disputes or controversies with the United States.”
Fortunately for Republican Sen. Tom Cotton of Arkansas and the 47 Senate co-signers of his open letter to Iran, the law is not enforced and is likely unconstitutional.
“They probably were in violation of the act, yes,” says Stephen Vladeck, a professor at the American University Washington College of Law.
House Speaker John Boehner, R-Ohio, probably broke the law, too, by working with Israeli Prime Minister Benjamin Netanyahu to undermine the nuclear negotiations with Iran, he says.
But Vladeck, co-editor-in-chief of the legal blog Just Security, says senators could argue they were indeed acting with the authority of the United States or more convincingly that the act violates the First Amendment.
“The Logan Act is a vestigial and anachronistic holdover from a bygone era,” he says. “There's never been a successful prosecution under the act, and the last indictment was in 1803.”
Jonathan Turley, a law professor at the George Washington University, says "if the Logan Act was ever enforced you would have to frog march half of Congress out the front doors and into a federal penitentiary."
Turley compares the likelihood of a prosecution under the act to “the chances of being eaten by a Tyrannosaurus rex on Capitol Hill.”
“The Logan Act comes from a rather dark period in which this country imposed the Alien and Sedition Acts,” he says. “The language of the Logan Act is sweeping and in my view facially unconstitutional.”
A spokeswoman for Cotton did not respond to a request for comment.
The obscure, unenforced act periodically becomes a topic of conversation, such as when then-House Speaker Nancy Pelosi met with Syrian leader Bashar al-Assad in 2007, and likely will continue to do so until it’s repealed."
"Senators who reached out to Iran’s leaders to undermine President Barack Obama’s nuclear negotiations probably broke the law, and they're going to get away with it.
The law they probably broke, the Logan Act of 1799, allows for fines and up to three years in prison.
The act bans U.S. citizens from engaging “without authority of the United States” in “correspondence or intercourse with any foreign government ... with intent to influence the measures or conduct of any foreign government ... in relation to any disputes or controversies with the United States.”
Fortunately for Republican Sen. Tom Cotton of Arkansas and the 47 Senate co-signers of his open letter to Iran, the law is not enforced and is likely unconstitutional.
“They probably were in violation of the act, yes,” says Stephen Vladeck, a professor at the American University Washington College of Law.
House Speaker John Boehner, R-Ohio, probably broke the law, too, by working with Israeli Prime Minister Benjamin Netanyahu to undermine the nuclear negotiations with Iran, he says.
But Vladeck, co-editor-in-chief of the legal blog Just Security, says senators could argue they were indeed acting with the authority of the United States or more convincingly that the act violates the First Amendment.
“The Logan Act is a vestigial and anachronistic holdover from a bygone era,” he says. “There's never been a successful prosecution under the act, and the last indictment was in 1803.”
Jonathan Turley, a law professor at the George Washington University, says "if the Logan Act was ever enforced you would have to frog march half of Congress out the front doors and into a federal penitentiary."
Turley compares the likelihood of a prosecution under the act to “the chances of being eaten by a Tyrannosaurus rex on Capitol Hill.”
“The Logan Act comes from a rather dark period in which this country imposed the Alien and Sedition Acts,” he says. “The language of the Logan Act is sweeping and in my view facially unconstitutional.”
A spokeswoman for Cotton did not respond to a request for comment.
The obscure, unenforced act periodically becomes a topic of conversation, such as when then-House Speaker Nancy Pelosi met with Syrian leader Bashar al-Assad in 2007, and likely will continue to do so until it’s repealed."
There aren't very many times I've wished for a "like' button (many times I've campaigned against one), but this is one time I wish we had one... You're right on the money with your comment.
I agree. If she were republican and this were a republican administration, liberals and democrats would be losing their minds right now over it. I mean, God forbid anyone follow rules around DC.
The Clintons are a rather pompous group, above everyone else. Remember, they were dead broke when they left the White House. We're supposed to have empathy for her and her broke husband. Poor, poor Hilary.
The Clintons are a rather pompous group, above everyone else. Remember, they were dead broke when they left the White House. We're supposed to have empathy for her and her broke husband. Poor, poor Hilary.
You're right, OH, 2 wrongs don't make a right... I just get so sick of people who go out of their way to prove how horrible the Republicans are, but no matter what atrocities Obama and his cronies commit, it's perfectly okay (like Hillary using a personal e-mail server for government business), they get a pass and their lawlessness, racism, etc is swept under the rug...
This should not be about them versus us.
Obama has done a lot of things wrong.
The GOP members who signed this letter are clearly in the wrong.
As my mother used to say, " two wrongs don't make a right."
Obama has done a lot of things wrong.
The GOP members who signed this letter are clearly in the wrong.
As my mother used to say, " two wrongs don't make a right."
http://www.frc.org/issuebrief/obama-administration-undermines-the-constitution
"Obama Administration Undermines the Constitution
By Cathy Ruse Senior Fellow - Legal Studies
The oath of office for President of the United States reads "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." The record of President Obama seems to indicate he has added a last line that reads "unless it interferes with my agenda."
Health care legislation undermines individual constitutional rights: March 23, 2010 - The President's healthcare overhaul mandated that individuals purchase their own health insurance or risk facing fines. The individual mandate is an unconstitutional power-grab by the federal government. There is no constitutional authority for the federal government to force individuals to purchase services or products by threat of legal punishment. As of this publication's release, federal courts had struck down the individual mandate as unconstitutional;[1] the Supreme Court had not yet released its decision.
Bypassing Congress on Internet regulation: December 20, 2010 - When an Internet regulation bill failed to pass through Congress, President Obama's Federal Communications Commission (FCC) announced it would regulate the Internet anyway. The FCC's new regulations controlled the way service providers may manage their network transmissions.[2]
Abnegation of duty to defend U.S. laws: February 23, 2011 - President Obama flouted his constitutional duty to defend duly-enacted U.S. laws by directing the Department of Justice not to defend the Defense of Marriage Act (DOMA)[3] and the Department of Defense to change its "Don't Ask, Don't Tell" policy[4] regarding homosexuals in the military. In addition, President Obama's Administration has opted not to enforce certain laws regarding drug enforcement, internet gambling and immigration.[5]
Act of war without congressional sanction: March 2011 - President Obama ordered the U.S. military to attack Libya without the approval of Congress[6], which is required by the Constitution.[7]
Bypassing Congress on labor regulations: June 21, 2011 - When the union-backed "Employee Free Choice Act" failed in Congress, President Obama pushed the National Labor Relations Board to issue new pro-union regulations anyway, allowing "snap elections"[8] and forcing employers to give employee e-mails and phone numbers to union organizers. On May 14, 2012, a federal judge struck down the regulations governing union elections, saying the NLRB failed to follow proper voting procedures when it approved the rules last year.[9]
Unconstitutional recess appointments: January 4, 2012 - President Obama made four recess appointments, while Congress was in pro forma session,[10] thereby thwarting the Senate's constitutionally-mandated advice and consent role. In addition, the President defied Congressional opposition by appointing Richard Cordray as head of the new Consumer Financial Protection Bureau.[11]
HHS Contraception Mandate: January 20, 2012 - Health and Human Services' Secretary Kathleen Sebelius announced that pursuant to Obamacare, employers would be required to provide abortion drugs and birth control pills in their health insurance plans, against their religious beliefs, violate the First Amendment's protection of the free exercise of religion. Churches would not be covered by the mandate.[12] However, religious employers including universities and colleges, religious hospitals, and soup kitchens would fall under the requirement. Private employers religiously opposed to the provision of contraceptives would not be exempted either.[13] FRC testified before Congress regarding the troubling nature of these regulations.[14]
Thwarting Congress on environmental regulation: March 26, 2012 - "Cap and trade" auto emission legislation failed to pass through Congress. President Obama's Environmental Protection Agency began to auction greenhouse gas allowances, effectively taxing emissions and by this means regulating them anyway.[15]
Thwarting Congress on immigration policies: June 15, 2012 - When the Dream Act failed to pass Congress, the Obama Administration created a new administrative policy granting illegal aliens stays of refusal-a policy that amounts to amnesty.[16]
Cathy Cleaver Ruse is a Senior Fellow for Legal Studies at the Family Research Council."
That's just a few of them...
"Obama Administration Undermines the Constitution
By Cathy Ruse Senior Fellow - Legal Studies
The oath of office for President of the United States reads "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States." The record of President Obama seems to indicate he has added a last line that reads "unless it interferes with my agenda."
Health care legislation undermines individual constitutional rights: March 23, 2010 - The President's healthcare overhaul mandated that individuals purchase their own health insurance or risk facing fines. The individual mandate is an unconstitutional power-grab by the federal government. There is no constitutional authority for the federal government to force individuals to purchase services or products by threat of legal punishment. As of this publication's release, federal courts had struck down the individual mandate as unconstitutional;[1] the Supreme Court had not yet released its decision.
Bypassing Congress on Internet regulation: December 20, 2010 - When an Internet regulation bill failed to pass through Congress, President Obama's Federal Communications Commission (FCC) announced it would regulate the Internet anyway. The FCC's new regulations controlled the way service providers may manage their network transmissions.[2]
Abnegation of duty to defend U.S. laws: February 23, 2011 - President Obama flouted his constitutional duty to defend duly-enacted U.S. laws by directing the Department of Justice not to defend the Defense of Marriage Act (DOMA)[3] and the Department of Defense to change its "Don't Ask, Don't Tell" policy[4] regarding homosexuals in the military. In addition, President Obama's Administration has opted not to enforce certain laws regarding drug enforcement, internet gambling and immigration.[5]
Act of war without congressional sanction: March 2011 - President Obama ordered the U.S. military to attack Libya without the approval of Congress[6], which is required by the Constitution.[7]
Bypassing Congress on labor regulations: June 21, 2011 - When the union-backed "Employee Free Choice Act" failed in Congress, President Obama pushed the National Labor Relations Board to issue new pro-union regulations anyway, allowing "snap elections"[8] and forcing employers to give employee e-mails and phone numbers to union organizers. On May 14, 2012, a federal judge struck down the regulations governing union elections, saying the NLRB failed to follow proper voting procedures when it approved the rules last year.[9]
Unconstitutional recess appointments: January 4, 2012 - President Obama made four recess appointments, while Congress was in pro forma session,[10] thereby thwarting the Senate's constitutionally-mandated advice and consent role. In addition, the President defied Congressional opposition by appointing Richard Cordray as head of the new Consumer Financial Protection Bureau.[11]
HHS Contraception Mandate: January 20, 2012 - Health and Human Services' Secretary Kathleen Sebelius announced that pursuant to Obamacare, employers would be required to provide abortion drugs and birth control pills in their health insurance plans, against their religious beliefs, violate the First Amendment's protection of the free exercise of religion. Churches would not be covered by the mandate.[12] However, religious employers including universities and colleges, religious hospitals, and soup kitchens would fall under the requirement. Private employers religiously opposed to the provision of contraceptives would not be exempted either.[13] FRC testified before Congress regarding the troubling nature of these regulations.[14]
Thwarting Congress on environmental regulation: March 26, 2012 - "Cap and trade" auto emission legislation failed to pass through Congress. President Obama's Environmental Protection Agency began to auction greenhouse gas allowances, effectively taxing emissions and by this means regulating them anyway.[15]
Thwarting Congress on immigration policies: June 15, 2012 - When the Dream Act failed to pass Congress, the Obama Administration created a new administrative policy granting illegal aliens stays of refusal-a policy that amounts to amnesty.[16]
Cathy Cleaver Ruse is a Senior Fellow for Legal Studies at the Family Research Council."
That's just a few of them...
http://www.dailykos.com/story/2015/03/12/1370336/-Lt-Col-Joni-Ernst-should-be-court-martialed-for-signing-the-seditious-letter-to-Iran?
".....Lt. Col. Joni Ernst, the junior senator from Iowa, is a lieutenant colonel in the Iowa Army National Guard. As such, she is bound by the Iowa State Code of Military Justice. Her signing of the seditious letter to Iran is a clear and direct violation of Chapter 29B.85 of the Iowa State Code of Military Justice.
29B.85 CONTEMPT TOWARD OFFICIALS.
Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a court-martial may direct.
This is very serious infraction. We are a nation governed by civilians. Our Commander-in-Chief is a civilian. The government officials that hold ultimate authority over our military are civilians. This is true at the federal level and the state level. This has always been the case since George Washington was president. He resigned his military commission to accept the position of president. We have never in our history had a military ruler. Military obedience to civilian authority is critical and essential if we are to maintain the democracy we inherited. That is why "contempt towards officials" is such a serious matter. Lincoln enforced that discipline during the Civil War. Even with the imposition of martial law, Lincoln remained a civilian commander. Truman enforced the same discipline after WWII when he relieved Gen. MacArthur of his command. Obama enforced the same discipline recently when Gen. McChrystal was relieved of his command. There is nothing anachronistic about this fundamental principle.
In the federal armed services, this is handled under Article 88 of the Uniform Code of Military Justice.
“Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.”
Reading the federal version, it is obvious where Iowa got the wording for its law. It's not an accident or a coincidence. The importance of enforcing the requirement for military obedience to civilian authority is universally applied at every level of governance, from the federal to the local level. This is why we are not a police state.
In the Open Letter to Iran, which Lt. Col. Joni Ernst freely signed, it says:
"we will consider any agreement regarding your nuclear-weapons program that is not approved by the Congress as nothing more than an executive agreement between President Obama and Ayatollah Khamenei."
The fact of the matter is the president, under Article 2, section 2, has always been recognized as uniquely empowered to speak on behalf of the nation. After all, the president is the Chief Executive. This principle has been in place for over 200 years. Secretary of State Jefferson -- as instructed by President Washington -- made this point in writing to Edmond Genet in 1793, explaining that no one but the president could speak for this country.
"He being the only channel of communication between this country and foreign nations, it is from him alone that foreign nations or their agents are to learn what is or has been the will of the nation; and whatever he communicates as such, they have a right, and are bound to consider as the expression of the nation"
That principle has been ratified numerous times across the centuries. Undermining that authority is sedition. Undermining the authority of the president while you are serving as an active duty officer in the Iowa State National Guard is clearly contemptuous........"
https://petitions.whitehouse.gov//petition/file-charges-against-47-us-senators-violation-logan-act-attempting-undermine-nuclear-agreement/NKQnpJS9
".....Lt. Col. Joni Ernst, the junior senator from Iowa, is a lieutenant colonel in the Iowa Army National Guard. As such, she is bound by the Iowa State Code of Military Justice. Her signing of the seditious letter to Iran is a clear and direct violation of Chapter 29B.85 of the Iowa State Code of Military Justice.
29B.85 CONTEMPT TOWARD OFFICIALS.
Any person subject to this code who uses contemptuous words against the president, the governor, or the governor of any other state, territory, commonwealth, or possession in which that person may be serving, shall be punished as a court-martial may direct.
This is very serious infraction. We are a nation governed by civilians. Our Commander-in-Chief is a civilian. The government officials that hold ultimate authority over our military are civilians. This is true at the federal level and the state level. This has always been the case since George Washington was president. He resigned his military commission to accept the position of president. We have never in our history had a military ruler. Military obedience to civilian authority is critical and essential if we are to maintain the democracy we inherited. That is why "contempt towards officials" is such a serious matter. Lincoln enforced that discipline during the Civil War. Even with the imposition of martial law, Lincoln remained a civilian commander. Truman enforced the same discipline after WWII when he relieved Gen. MacArthur of his command. Obama enforced the same discipline recently when Gen. McChrystal was relieved of his command. There is nothing anachronistic about this fundamental principle.
In the federal armed services, this is handled under Article 88 of the Uniform Code of Military Justice.
“Any commissioned officer who uses contemptuous words against the President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which he is on duty or present shall be punished as a court-martial may direct.”
Reading the federal version, it is obvious where Iowa got the wording for its law. It's not an accident or a coincidence. The importance of enforcing the requirement for military obedience to civilian authority is universally applied at every level of governance, from the federal to the local level. This is why we are not a police state.
In the Open Letter to Iran, which Lt. Col. Joni Ernst freely signed, it says:
"we will consider any agreement regarding your nuclear-weapons program that is not approved by the Congress as nothing more than an executive agreement between President Obama and Ayatollah Khamenei."
The fact of the matter is the president, under Article 2, section 2, has always been recognized as uniquely empowered to speak on behalf of the nation. After all, the president is the Chief Executive. This principle has been in place for over 200 years. Secretary of State Jefferson -- as instructed by President Washington -- made this point in writing to Edmond Genet in 1793, explaining that no one but the president could speak for this country.
"He being the only channel of communication between this country and foreign nations, it is from him alone that foreign nations or their agents are to learn what is or has been the will of the nation; and whatever he communicates as such, they have a right, and are bound to consider as the expression of the nation"
That principle has been ratified numerous times across the centuries. Undermining that authority is sedition. Undermining the authority of the president while you are serving as an active duty officer in the Iowa State National Guard is clearly contemptuous........"
https://petitions.whitehouse.gov//petition/file-charges-against-47-us-senators-violation-logan-act-attempting-undermine-nuclear-agreement/NKQnpJS9
It was signed because the GOP is racist.
http://www.dailykos.com/story/2015/03/11/1370145/-Newspapers-across-the-country-condemn-Republican-open-letter-to-Iran?detail=email
"..........The Salt Lake Tribune's headline is almost all you need to read:
'Utah senators increase risk of war.'
Although the editorial itself is worth a look:
"It will be up to history to judge whether the latest partisan stunt joined by Utah Sens. Mike Lee and Orrin Hatch amounts to an act of End Times warmongering or merely another bit of cringe-worthy buffoonery on the global stage."............"
McCain admits open letter to Iran that he signed 'maybe' wasn't the greatest idea ever
http://www.dailykos.com/story/2015/03/11/1370132/-McCain-admits-open-letter-to-Iran-that-he-signed-maybe-wasn-t-the-greatest-idea-ever?detail=email#
"John McCain was one of the 47 Republican senators who signed onto the open letter to Iran. But he doesn't seem so sure anymore that it was an effective strategy. The letter, McCain said on Fox News, was just intended to "tell the Iranians that whatever deal they make, the Congress of the United States will play a role," but "Maybe that wasn’t the best way."
Gosh, maybe not. But why would almost all of the Republicans in the Senate do such a thing?
“It’s also symptomatic between the total lack of trust that exists now between we Republicans and the president,” he said.
“This has established a poisoned environment here which sometimes causes us to react maybe in not the most effective fashion.”
Isn't it a shame that there's such a lack of trust just mysteriously existing, when all Republicans ever did was say that they were going to block everything President Obama tried to gain partisan points and make it easier to defeat him in 2012. Republicans are so very sad that after years of them refusing to work with the president, he stopped bending over backward to try to do so. Now, Republicans are left with no choice but to retaliate by breaking all precedent in writing to Iran to try to scuttle a diplomatic solution to nuclear concerns.
On the other hand, at least McCain didn't try to claim the letter was some kind of "cheeky" joke."
"...Obama to tear apart the constitution...." ?
Well, that's one opinion. I'm thinking by Nov '16 it's going to be the GOP that's going to known as the Party of unconstitutional overreach.
"..........The Salt Lake Tribune's headline is almost all you need to read:
'Utah senators increase risk of war.'
Although the editorial itself is worth a look:
"It will be up to history to judge whether the latest partisan stunt joined by Utah Sens. Mike Lee and Orrin Hatch amounts to an act of End Times warmongering or merely another bit of cringe-worthy buffoonery on the global stage."............"
McCain admits open letter to Iran that he signed 'maybe' wasn't the greatest idea ever
http://www.dailykos.com/story/2015/03/11/1370132/-McCain-admits-open-letter-to-Iran-that-he-signed-maybe-wasn-t-the-greatest-idea-ever?detail=email#
"John McCain was one of the 47 Republican senators who signed onto the open letter to Iran. But he doesn't seem so sure anymore that it was an effective strategy. The letter, McCain said on Fox News, was just intended to "tell the Iranians that whatever deal they make, the Congress of the United States will play a role," but "Maybe that wasn’t the best way."
Gosh, maybe not. But why would almost all of the Republicans in the Senate do such a thing?
“It’s also symptomatic between the total lack of trust that exists now between we Republicans and the president,” he said.
“This has established a poisoned environment here which sometimes causes us to react maybe in not the most effective fashion.”
Isn't it a shame that there's such a lack of trust just mysteriously existing, when all Republicans ever did was say that they were going to block everything President Obama tried to gain partisan points and make it easier to defeat him in 2012. Republicans are so very sad that after years of them refusing to work with the president, he stopped bending over backward to try to do so. Now, Republicans are left with no choice but to retaliate by breaking all precedent in writing to Iran to try to scuttle a diplomatic solution to nuclear concerns.
On the other hand, at least McCain didn't try to claim the letter was some kind of "cheeky" joke."
"...Obama to tear apart the constitution...." ?
Well, that's one opinion. I'm thinking by Nov '16 it's going to be the GOP that's going to known as the Party of unconstitutional overreach.
It's okay for Obama to tear apart the constitution or interpret it suit himself, but against the law for 47 Senators to stand up for their constituents... That's what this country has come to...
Suprised you posted this article that means nothing, instead of addressing Hillary Clinton breaking the law.
These people break the laws all of the time. There is little if any accountability, no repercussions.... Business as usual and it seems as if it is only a "big deal" if it is the "other side" breaking the laws or lying.
"if the Logan Act was ever enforced you would have to frog march half of Congress out the front doors and into a federal penitentiary."
Tempting.....
Tempting.....
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