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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 05:58 PM
Original message
Help in Debate
Kerry violating THE LOGAN ACT? Person I am debating (Faux connoisseur, Avid listener to Rush) claims this:

They are claiming that, with Kerry going to Syria, he is Violating The Logan Act: Because it goes against * Policy no negotiations with Terrorists.

The Logan Act is a United States federal law that forbids private citizens from negotiating with foreign governments. It was passed in 1799 and last amended in 1994.

§ 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.
18 U.S.C. § 953 (2004).


http://en.wikipedia.org/wiki/Logan_Act


Now, where would they be getting this tripe? The law seem pretty clear to me. Such lengths they will go to, to make Kerry appear as a traitor. Is this the handy work of Rush? Hannity?.....**Bucause this person, isn't the type of person to pull "The Logan Act" out of the blue. :wink wink smiley:

Oh! I really didn't need help on the debate, just showing this was enough.
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Ezlivin Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 06:03 PM
Response to Original message
1. "[F]or redress of any injury..."
Maybe Kerry can say that Syria, through its support of terrorism, has been injurious to him.
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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MsUnderstood Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 06:05 PM
Response to Original message
2. Okay I'm game
The Logan Act is a United States federal law that forbids private citizens

Kerry is not a private citizen he is a senator. Is he acting the role of a citizen or government official?

without authority of the United States

This means that in his role as a senator he could have the authority to take action. This doesn't mean only the prez can decide who can do what (president <> dictator)


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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 06:06 PM
Response to Reply #2
3. Yes that is how I read it.
and by providing the link to the actual law, I was able to prove the point.

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poverlay Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 06:11 PM
Response to Reply #3
4. Not only that, he didn't go there with intent to "influence" Syria in any
Edited on Wed Dec-20-06 06:13 PM by poverlay
"dispute or controversy", or to defeat any U.S. "measures". In fact he went there in order to educate himself so as to be able to make an informed decision in the course of his job. It's exactly what he's supposed to be doing!(If only Rush and the rest of the Freepers would try it...)

Your friend is reaching for a connection that doesn't exist...

Then again, isn't that always the way of it?
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 06:14 PM
Response to Original message
5. However, Bush the Elder is guilty of breaking the Logan Act
When he orchestrated the hostage situation in Iran lo those many years ago.

At least I think it was poppy who did that.

-Hoot
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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 06:27 PM
Response to Reply #5
7. things that make you go
hmmmmmmm.

good point I will use it.
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Tempest Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 06:24 PM
Response to Original message
6. Is the Syrian government on the State Dept.'s list of terrorists?
I don't believe it is so the point is moot.
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DearAbby Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Dec-20-06 06:30 PM
Response to Reply #6
8. Another good point
Thanks so much for the help. It's more info for the next time this is brought up. I assume they got this talking point, from one of the blow-mouth pieces on the glorious reich.

I am bound to hear it for again.
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