Did Speaker Pelosi commit a felony?
By Charles Bird Posted in War — Comments (26) / Email this page » / Leave a comment »
Perhaps we should appoint a special prosecutor to investigate whether Nancy Pelosi violated the Logan Act.
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." Some background on this statute helps to understand why Ms. Pelosi may be in serious trouble.
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The debate on this bill ran nearly 150 pages in the Annals. On Jan. 16, 1799, Rep. Isaac Parker of Massachusetts explained, "the people of the United States have given to the executive department the power to negotiate with foreign governments, and to carry on all foreign relations, and that it is therefore an usurpation of that power for an individual to undertake 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."
Griswold and Parker were Federalists who believed in strong executive power. But consider this statement by Albert Gallatin, the future Secretary of the Treasury under President Thomas Jefferson, who was wary of centralized government: "it would be extremely improper for a member of this House to enter into any correspondence with the French Republic . . . As we are not at war with France, an offence of this kind would not be high treason, yet it would be as criminal an act, as if we were at war." Indeed, the offense is greater when the usurpation of the president's constitutional authority is done by a member of the legislature--all the more so by a Speaker of the House--because it 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 difference between Pelosi going to Syria and Governor Bill Richardson going to North Korea is that Richardson had the White House's blessing. That, and Richardson is an experienced diplomat who is not prone to making to stupid mistakes like passing misinformed messages from the Israeli government to the Assad regime.
For Pelosi, her trip was more than a fact-finding mission. She was trying to pull a Jesse Jackson and coax the Syrian dictator into an agreement that the U.S. government may not want to pursue, particularly since Assad is a terrorist enabler (working against the interests of Israel and Iraq), possible political assassin (of Lebanese prime minister Hariri) and general all-around thug.
When you consider Pelosi's pathetic trip, coupled with Democratic threats to cut funding for military operations in Iraq, it's clear to me that the Democratic leadership is playing hardball, taking advantage of a weakened President Bush and attempting to usurp powers that rest with the executive branch. They're playing hardball, and it's time to play hardball back.
You know a Democrat has really stepped in it when both the Washington Post and the USA Today bash them. Seeing these traditionally liberal members of the MSM piling on, I wondered what they were saying over at DKos.
Why did I have to wonder?
The most humorous comment I noted in my brief perusal was the one which claimed she was the best Speaker in the last 20 years.
I guess when you're living in an alternate reality, having the Israeli Prime Minister smack her down for trying to be Israel's ambassador to Syria is a good thing.
I just wish this administration and this justice department had the backbone to do something about this.
Remember the Libby op-eds right before his trial?
The Washington Post just tries to be balanced.
KSFO conservative host Brian Sussman suggested that the mainstream media "does not support our troops" for example.
unless you are defining "liberal" so narrowly as to mean nothing.
Pro-choice.
Pro-gun control.
Pro-affirmative action.
Pro-labor union.
Endorses Democrats never fail, it endorsed Martin O'Malley for MD governor even though its endorsement said Bob Ehrlich was the better candidate.
Against detaining al Qaeda captives.
Against electronic surveillance.
Pro-gay marriage
Against teaching abstinence.
Their editorial board has written editorials taking all those positions. Not a conservative position amongst them.
You can say it isn't far-left, but to say it isn't liberal makes you seem very unserious as even the WaPo would not make that claim.
"A man can never have too much red wine, too many books, or too much ammunition." -- Rudyard Kipling
Did you know that insanity has been defined as the habit of doing the same thing over and over again - while expecting a different result?
The rest is silence.
Fwackoom.
Moe
PS: What? Oh, that was the sound of the fireball going off. Erm. Looked like it got martindorbit, too. Well, that's a 150' radius for you.
The Fuzzy Puppy of the VRWC.
"A man can never have too much red wine, too many books, or too much ammunition." -- Rudyard Kipling
and GWB prates on about "amnesty" for illegal aliens, you'll look long and hard without finding a backbone in the sunset of this administration. On most things except, thank God, Iraq, GWB has inherited his Poppy's "wobbly" gene.
I remember in '92 I was actually in the state of Wisconsin when some Dem judge pulled an October surprise and ruled that Weinberger should be indicted for Iran Contra [or whatever].
Poppy Bush folded like an accordian and spent the last days of the campaign on a train in Wisconsin and other non vote-rich areas. No backbone there.
Bush has remained firm on a number of things, problem is, most of them were bad. He was unmoved on Iraq and tax cuts, that's good.
Unfortunately he also remained committed to many of his lackluster cronies and he stayed wedded to Rumsfeld for too long. He has also showed no waver in his support of illegal invaders from south of the border.
"Nothing works like freedom, Nothing succeeds like liberty"
Kyle
One reason the Democrats won the election was by leaking national security secrets, some of which were important to the War on Terror. Yet President Bush didn't investigate and press charges.
So I don't think we'll see any action with the Logan Act and Pelosi.
Yet there is a constant drum beat among the liberals to impeach Bush. Pelosi used every dirty trick in the book and spilled every secret in order to get the gavel.
One reason the Democrats won the election was by leaking national security secrets, some of which were important to the War on Terror. Yet President Bush didn't investigate and press charges.
So I don't think we'll see any action with the Logan Act and Pelosi.
Yet there is a constant drum beat among the liberals to impeach Bush. Pelosi used every dirty trick in the book and spilled every secret in order to get the gavel.
the "investigation" into William Jefferson(D-LA)'s alleged bribary that seems to be going nowhere and Sandy Burglar's slap on the wrist.
and Robert Aderholt, who also visited Syria, and who stated that "
“I don't care what the administration says on this. You've got to do what you think is in the best interest of your country,” said Rep. Frank Wolf, R-Va. “I want us to be successful in Iraq. I want us to clamp down on Hezbollah.”
who would object to prosecuting ALL of them. Heck, I'd make the Rs share a cell with Miss Nancy. Except McCain would complain about torturing them.
Bottom line: indict, arrest and try them all. If convicted, let them serve the max.
Now, would you like some cheese to go with your whine?
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Those who live by the sword get shot by those who don't.
How about persecuting?
the problem with our society is we haven't tarred and feathered, or lynched a politician in a long time.
"Nothing works like freedom, Nothing succeeds like liberty"
Kyle
Gets you banned at RS.
Tar & feathers OTOH...
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Those who live by the sword get shot by those who don't.
Ya gotta take that one up with the Moester.
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Those who live by the sword get shot by those who don't.
...on whether their visits had the blessing of the White House and it depends on whether or not their agenda went beyond fact-finding. Same standards apply to all.
Sucking and ruining since October 2003.
As awesomely fun as it is to see the Logan Act argument pop up every few years, what with Jesse and Kerry and Jane (and my personal fave, Denny Hastert), I've got to believe that after 208 years without a single Logan Act prosecution (much less conviction), the law is pretty much a dead letter (as well it should be, in my opinion).
Not that it doesn't serve a fine purpose sitting there quietly on the books, hopefully having an occasional chilling effect on foreign policy free agency. But I'm just not buying that it's a viable charge against a member of congress.
I've seen Mr. Becker (I assume "Mr." - I apologize if I'm wrong) mention the Logan Act in several other threads here, and I know there are a number of bright lawyers on the site. I'd be interested in their opinions. I mean, the statute on its face presents three potential problems that jump out immediately, touching on issues of (1) justiciability (2) vagueness problems, and (3) First Amendment concerns.
I assume I can already anticipate the rebuttal to any Art. I. argument I would present, so I'll skip it.
But boy do I love it when we get a chance to revisit some John Adams-era over-reaching.
But for you, it's Mr.908. :>)
I'd love to see Miss Nancy and the Repubs all prosecuted under the Logan Act. I'm an equal opportunity tormentor of elected officials. I'm also astute enough to know that hell will freeze over, Al Gore will apologize for hyping global warming and Jimmy Carter will call a presser and admit to being an anti-Semite before this administration prosecutes anybody for anything.
That includes not only violations of the Logan Act, but the unauthorized release and printing of classified material.
I'm depressed now. I'm going to eat my hot fudge sundae (with hot fudge by Mrs.908). I'll feel better then. You can't have any.
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Those who live by the sword get shot by those who don't.
You know something. If our President would display leadership in diplomacy in the Middle East the Speaker of the House wouldn't feel the need to make this trip along with the Republicans that visited Syria too.
I've been watching the news and have been caught by the Pelosi debacle in Syria. Has anybody else noticed how she's been behaving around the enemies of the free world? She acts worse than a giddy school girl on her first date. What's with all the hopping around on her toes and giggling?
It's disgusting.
Don
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Democratic is a process.
Democrat is what they are.
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Boy I wish that someone would stick it to that witch!