The law on 'negotiating with foreign govts.' Of course it's legal

[TayTay]

for Senators to do this. Duh! The only people afraid of this are afraid of exposure. Patriotism is indeed the last refuge of scoundrels sometimes.

The Logan Act. (Which is what wingnuts are talking about when they say Senators shouldn't be negotiating with foreign governments. Cuz the wingnuts want to keep all power to themselves, lest the American government lose control of any puppet governments and nasty things like democracy and end to war and stuff like that start happening.)

Department of State References

http://www.fas.org/sgp/crs/misc/RL33265.pdf

A search of statements issued by the State Department concerning the Logan
Act from 1975 to the present has found two opinions in the DIGEST OF UNITED
STATES PRACTICE IN INTERNATIONAL LAW, continued, beginning in 1980, with a
column in the AMERICAN JOURNAL OF INTERNATIONAL LAW. In these instances the
Department 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.

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 Senators
Sparkman and McGovern to be inconsistent with the stipulations of Section 953.

[wisteria]

1. Thanks Tay.

Senator Kerry has emphasized over and over he is on a fact finding mission. Jeez, how can you learn about issues and come up with serious answers to problems without going to the source,listening and asking questions first.

[TayTay]

2. The Repubbies who are annoyed with the Dems for this

are flat-out wrong. Senator Kerry is a legally elected Senator from the Commonwealth of Massachusetts. His election was certified at home and he was 'duly sworn' in as a US Senator. That makes him a legal representative of the co-equal branch of government that is the US Congress. (Such authority and status granted by the US Constitution, Article I.)

The argument that Members of Congress have no right to go overseas and discuss events is false from the get-go. There is no provision in the Constitution that favors the Executive over the Legislative in this regard. These people are not negotiating, they are legally and rightly carrying out the duties of their office.

Rethugs want people to believe that Congress is subservient to the Executive. This is false and undemocratic from the get-go and is a completely false argument. (And is damaging to the very idea that the Legislative Branch can act as a check on the Executive Branch. )

[JanusAscending]

3. Tay, do you know when he and Sen. Dodd are due

back stateside???? I'm not liking the talk about the naval buildup in the persian gulf to intimidate Iran. It's getting too hot over there for my comfort. Big time prayers going out for their safety!!

[Democrafty]

4. Nine days from when they left, I think?

So, Friday? Not too much longer.

I know how you feel, though.

[TayTay]

5. Hey, about that NPR interview today

Gee, that argument sounded familiar. hehehehehe!

Sen. Kerry was asked if he was somehow usurping the role of the US State Department in going overseas and talking to the Syrian President. Ah, no, he is not. He is a member of the US Senate with responsibilities on the Senate Foreign Relations Committee. And he talked with the SecofState and was given questions to ask before he left US soil.

So bite me already. This is a false and dumb argument.

[dwahzon]

6. A Transcript for the NPR Interview

I cursorily looked for a transcript of the NPR interview but haven't found one. If anyone can locate one, I'd be grateful. Otherwise if someone has time to transcribe it, that would be great.

He really nailed it there, even more definitively than the Today show appearance though that was very good as well.