Some JinC commenters have suggested or outright said House Speaker Nancy Pelosi violated the Logan Act while cozying in Damascus with the brutal dictator Bashar Assad.
Those commenters got strong support yesterday from Robert F. Turner who served in the Reagan administration as an acting assistant secretary of state for legislative affairs. Turner's also a former chairman of the American Bar Association’s standing committee on law and national security.
Turner writes in a WSJ op-ed:
House Speaker Nancy Pelosi may well have committed a felony in traveling to Damascus this week, against the wishes of the president, to communicate on foreign-policy issues with Syrian President Bashar Assad.Turner goes on to provide detailed background on Congress’ intent in passing the Logan Act. That background, Turner says, “helps [us] understand why Ms. Pelosi may be in serious trouble. …”
The administration isn't going to want to touch this political hot potato, nor should it become a partisan issue. Maybe special counsel Patrick Fitzgerald, whose aggressive prosecution of Lewis Libby establishes his independence from White House influence, should be called back.
The Logan Act makes it a felony and provides for a prison sentence of up to three years for any American, "without authority of the United States," to communicate with a foreign government in an effort to influence that government's behavior on any "disputes or controversies with the United States."
Turner concludes:
[What Pelosi did] violates not just statutory law but constitutes a usurpation of the powers of a separate branch and a breach of the oath of office Ms. Pelosi took to support the Constitution.The entire op-ed is here.
Ms. Pelosi's trip was not authorized, and Syria is one of the world's leading sponsors of international terrorism. It has almost certainly been involved in numerous attacks that have claimed the lives of American military personnel from Beirut to Baghdad.
The U.S. is in the midst of two wars authorized by Congress. For Ms. Pelosi to flout the Constitution in these circumstances is not only shortsighted; it may well be a felony, as the Logan Act has been part of our criminal law for more than two centuries. Perhaps it is time to enforce the law.
I doubt the Logan Act will be enforced, although I think it should be in this case.
A JinC commenter has said former House Speaker Dennis Hastert, a Republican from Illinois, has also violated the Logan Act. I don’t know the details of that situation but if Turner or someone with credentials similar to his were to say Hastert violated the Logan Act, I’d favor treating him the same way Pelosi should be treated.
At the least, Pelosi should be subjected to strong public condemnation and ridicule from “the people and the press.” Hastert too, if he did something as odious and partisan as Pelosi did.
Hat tip: Mike Williams