§ 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.
This section shall not abridge the right of a citizen to apply himself, or his agent, to any foreign government, or the agents thereof, for redress of any injury which he may have sustained from such government or any of its agents or subjects.
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The Logan act is fascinating.
First of all, “Any citizen of the United States, wherever he may be, who, without authority of the United States, ...” the United States what?
Congress?
Department of State?
Executive branch?
All of those? Or any one of those?
Second, The Speaker of the House is not “any” citizen, she is an elected representative of the people and a member of the Legislative branch of the United States Government.
Speaker Pelosi is indeed a citizen but not any citizen. She is part of the legislative authority of government.
Next, “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, ...” she was on a fact finding trip, the same as repugs the week before her.
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Information about the Logan Act-
Might as well know this in case repugs bring it up.
http://216.109.125.130/search/cache?p=The+Logan+act&fr=yfp-t-501&toggle=1&ei=UTF-8&u=www.fas.org/sgp/crs/misc/RL33265.pdf&w=logan+act&d=dw78__mdOdxi&icp=1&.intl=usProsecution:
According to this site there have been no prosecutions under this act for the 200 years it has been in law.
“In 1994 the fine was changed from $5,000 to “under this title.”2Otherwise, there donot appear to have been any substantial changes in the Act since its original
enactment on January 30, 1799, as 1 Stat. 613.”
Background:
“During the French Revolution, difficulties developed between the Federalist Administration of the United States and the various revolutionary governments of
France.3
In 1797 President Adams sent John Marshall, Charles C. Pinckney, and Elbridge
Gerry as special envoys to France to negotiate and settle claims and causes of
differences which existed between the French Directory and the United States. This
mission resulted in the XYZ letters controversy, and its failure led to such strong
anti-France feelings in the United States that preparations for war were begun by the
Congress. After the unsuccessful envoys returned from France, Dr. George Logan, aPhiladelphia Quaker, a doctor, and a Republican, decided to attempt on his own to
settle the controversies...
Logan, however, received a less friendly response from the United States after he returned. Secretary of State Pickering told him that the French decree was
illusory.
General Washington expressed his disapproval of Logan’s actions.
President Adams recommended that Congress take action to stop the “temerity and
impertinence of individuals affecting to interfere in public affairs between France and
the United States.”4Representative Roger Griswold of Connecticut introduced aresolution in Congress...
Griswold introduced in the House a bill based on the resolution: Be it enacted, etc., that if any person, being a citizen of the United States,or in any foreign country, shall, without the permission or authority of the
Government of the United States, directly or indirectly, commence or carry on
any verbal or written correspondence or intercourse with any foreign..”
Prosecution:
“There appear to have been few indictments under the Logan Act.7The oneindictment found occurred in 1803 when a grand jury indicted Francis Flournoy, a
Kentucky farmer, who wrote an article in the FRANKFORT GUARDIAN OF FREEDOMunder the pen name of “A Western American.” Flournoy advocated in the article aseparate Western nation allied to France. The United States Attorney for Kentucky,an Adams appointee and brother-in-law of Chief Justice Marshall, went no furtherthan procuring the indictment of Flournoy, and the purchase of the Louisiana
Territory later that year appeared to cause the separatism issue to become obsolete”
Judicial References to the Logan Act:
States v. Peace Information Center16held that Congress had the powerto enact the Foreign Agents Registration Act of 1938 under its inherent power to
regulate external affairs as well as under its constitutional power to legislate
concerning national defense and that the Act is not subject to any constitutional
infirmity. The court mentioned similarities between the Logan Act and the Foreign
Agents Registration Act, and the language used appears to indicate that the Logan
Act, like the Foreign Agents Registration Act, is constitutional.
Waldron v. British Petroleum Co.25the plaintiff sued for triple damages underthe Clayton Act for alleged conspiracy of the defendants to prevent the importation
and sale by the plaintiff of Iranian oil. The defendants asserted that the plaintiff had
obtained his contract through a series of violations of criminal statutes including the
Logan Act. The court held that, in order to maintain this defense, the defendants
would have to show that the plaintiff sought to thwart some clearly and
unequivocally asserted policy measures of the United States instead of merely
statements of opinion, attitude, and belief of government officials. The defendants
were unable to show this. Further, the court noted that:
Department of State ReferencesA search of statements issued by the State
Department concerning the LoganAct from 1975 to the present has found two opinions in the DIGEST OF UNITEDSTATES PRACTICE IN INTERNATIONAL LAW, continued, beginning in 1980, with acolumn in the AMERICAN JOURNAL OF INTERNATIONAL LAW.
In these instances theDepartment did not consider the activities in question to be inconsistent with the Logan Act.
One opinion concerned the questioning of certain activities of Senators
John Sparkman and George McGovern with respect to the government of Cuba. The
Department stated: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. In the case of
Senators McGovern and Sparkman the executive branch, although it did not in
any way encourage the Senators to go to Cuba, was fully informed of the nature
and purpose of their visit, and had validated their passports for travel to that
country.
41DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW1975, p. 750.42DIGEST OF UNITED STATES PRACTICE IN INTERNATIONAL LAW 1976, pp. 75-76.
Senator McGovern’s report of his discussions with Cuban officials states:“I made it clear that I had no authority to negotiate on behalf of the United States
— that I had come to listen and learn....” (Cuban Realities: May 1975, 94th
Cong., 1st Sess., August 1975). Senator Sparkman’s contacts with Cuban
officials were conducted on a similar basis. The specific issues raised by the
Senators (e.g., the Southern Airways case; Luis Tiant’s desire to have his parents
visit the United States) would, in any event, appear to fall within the second
paragraph of Section 953.Accordingly, the Department does not consider the activities of SenatorsSparkman and McGovern to be inconsistent with the stipulations of Section
953.
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A 1976 statement by the Department of State concerned a letter written byAmbassador Robert J. McCloskey, Assistant Secretary of State for Congressional
Relations, to Senator John V. Tunney in reply to a constituent’s inquiry about a visit
of former President Nixon to the People’s Republic of China.
The letter stated:Mr. Nixon’s visit to the People’s Republic of China was undertakenentirely in his capacity as a private United States citizen. In accordance with the expressed wishes of the Government of the People’s Republic of China and as
a normal matter of comity between governments, the U.S. Government permitted
an aircraft from the People’s Republic of China to land in California in
connection with the visit. Aside from activities related to the Chinese special
flights (including provision of an escort crew to insure safety of operations in
U.S. airspace), the U.S. Government’s role in the visit was limited to the
provision by the Secret Service of personal protective services, as required by
law, to the former President....It is the responsibility of the Department of Justice to make determinationsof whether criminal statutes of this sort have been transgressed and whetherindividuals should be prosecuted under them. However, the Department of State is unaware of any basis for believing that Mr. Nixon acted with the intent
prohibited by the Logan Act. In this connection, it should be noted that no one
has ever been prosecuted under the Logan Act....
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In a number of instances, people have been alleged, often by political opponents,to have violated the Logan Act. For example, critics have suggested that Ross
Perot’s efforts to find missing American servicemen in Southeast Asia have violated
the Logan Act. Critics alleged that former House Speaker Jim Wright violated the
Logan Act in his relations with the Sandinista government. In 1984 while
campaigning for the Democratic nomination for President, Reverend Jesse Jackson
went to Syria to help in the release of a captured American military flyer and to Cuba
and Nicaragua. The trips by Reverend Jackson occasioned comments from a number
of people, most notably from President Reagan, that Reverend Jackson had violated
the Logan Act. Other private citizens, such as Jane Fonda, have made trips which
have been criticized as violative of the Logan Act, but there have apparently been no
official sanctions taken in any of these instances.
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Although it appears that there has never been a prosecution under the LoganAct, there have been several judicial references to it, indicating that the Act has not
been forgotten and that it is at least a potential point of challenge that has been used
against anyone who without authority allegedly interferes in the foreign relations of
the United States. There have been efforts to repeal the Act, one of the most
significant occurring in the late 1970’s. For example, Senator Edward Kennedy
proposed in the 95th Congress to delete the Logan Act from the bill to amend the
United States criminal code.43Senator James Allen insisted on reenacting the Act inexchange for promising not to prolong debate over the bill, and Senator Kennedy
agreed to this. However, since the House was unable to consider the criminal reform
bill in the 95th Congress, the possibility of deleting the Act in a conference
committee was eliminated. It is possible, nevertheless, that the issue of whether the
Logan Act should remain will be considered by another Congress.