The Logan Act is a law that prohibits American citizens from negotiating with foreign governments without authorization from the US executive branch. It was created in 1799 after George Logan’s unauthorized dealings with France. Violations have occurred, but no one has been convicted. The act should be used to prevent future unauthorized negotiations.
The Logan Act is a federal law that makes it a crime for any American citizen to attempt to negotiate with a foreign government or attempt to influence foreign policy without clear authorization from the executive branch of the United States government. It was approved in 1799, due to George Logan’s interference in dealings with France and is still on the books at present, although it has since been revamped. Logan, after whom the deed is obviously named, did not have the authority to visit France. Congress quickly realized that such attempts could very well send mixed signals during tensions between the United States and other nations and thus passed the Logan Act.
The constitutionality of the Logan Act has not been thoroughly tested. On the other hand, the Supreme Court has recognized in other cases that only the executive branch, i.e. the president, has the power to speak for the United States or the authority to appoint a spokesperson. It should also be noted that the text of the Logan Act makes it clear that its purpose is to prevent any person lacking appropriate authority from interfering in disputes between the United States and foreign governments. Such a usurpation of executive power could clearly send mixed messages or dangerously undermine foreign policy.
The Logan Act provides that no citizen may, directly or indirectly, engage in correspondence with a foreign government or any of its officials without appropriate authority regarding any dispute with the United States with intent to influence conduct or subvert measures issued by the United States. There have been several events that appear to be direct violations of the Logan Act. However, no one has yet been convicted or punished under the law. Many citizens are curious as to why other citizens, celebrities and members of Congress have been allowed to engage in what appears to be the exact conduct prohibited by the Logan Act without being held accountable.
Examples include Jane Fonda’s infamous visit and photo shoots in Hanoi and meetings between John Kerry and North Vietnamese leaders in Paris, while they were still at war. During the 2004 presidential election, there were questionable visits to the Middle East. Other names included in this list are George McGovern and Jesse Jackson for engaging with Cuba and House Speaker Jim Wright who met with Nicaraguan Sandinistas during the Reagan administration.
In 2007, House Speaker Nancy Pelosi agreed to meet with Syrian President Bashir Assad against the wishes of the US State Department. Critics, including those on the left who disagreed with Nancy Pelosi, condemned the meeting and her misguided attempt to secure peace between Israel and Syria and to involve Syria in diplomacy despite the president’s decision to abstain while Syria appears to be supporting terrorism.
Perhaps the Logan Act should be used to counter future missions similar to those already conducted. There have been incidents in addition to those mentioned, but little or no action has been taken against anyone involved. Using the Logan Act as an example of those who cross borders could help limit such actions in the future before serious harm occurs.
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