Did House Speaker Nancy Pelosi violate the law?
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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.
Somewhat confusing, but it was clarified by Massachusetts Representative Isaac Parker in January, 1799.
the people of the United States have given the executive branch the power to negotiate with foreign governments and carry on all foreign relations. It is therefore an usurpation of that power for any individual to correspond with any foreign power on any dispute between the two governments or for any state government or any other department of the general government to do it.
The United States Supreme Court spoke clearly with regards to the separation of powers. In Marbury v. Madison, Chief Justice John Marshall used the presidents authority over the Department of State as an illustration of those important political powers that, being entrusted to the executive, the decision of the executive is conclusive. And in the landmark 1936 Curtis-Wright case, the Supreme Court reaffirmed; Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it. The United States v. Curtis-Wright involved an arms maker charged with conspiring to sell weapons to rebels fighting in Chaco, Central America. The Supreme Court announced during that hearing that, the president alone has the power to speak in foreign affairs and represent the nation.
We came in friendship, hope and determined that the road to Damascus is a road to peace, Pelosi declared.
Unfortunately that road is littered with the victims of Hezbollah and Hamas. It is littered with U.S. and Iraqi dead, victims of terrorists allowed to enter Iraq through Syria.
President Bush criticized Ms. Pelosi for visiting Damascus at a time when the administration has frozen all high-level contacts with Syria. The President said that thanks to the speakers freelancing, Mr. Assad was getting mixed messages from the United States.
So, the question stands. Did Nancy Pelosi violate the law by meeting with Syrian dictator Bashar al-Assad against the wishes of the President?
Should a Special Prosecutor be appointed to investigate the possible violation of the Logan Act, the violation of the separation of powers and the violation of Nancy Pelosis oath to support, uphold and defend the constitution of the United States?
Since the Logan Act has been part of criminal law for over two hundred years, maybe an investigation is warranted and if found guilty, enforced. Maybe it is time to prove we really are a nation of laws.
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