Felon of the House: WSJ on Pelosi's Criminal Trip To Syria

Surely no one in the Bush Administration has the balls to prosecute her, but a US attorney should at least begin investigating if a crime was committed. Not secretly, either. Put her and her ilk on notice.

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.

President John Adams requested the statute after a Pennsylvania pacifist named George Logan traveled to France in 1798 to assure the French government that the American people favored peace in the undeclared "Quasi War" being fought on the high seas between the two countries. In proposing the law, Rep. Roger Griswold of Connecticut explained that the object was, as recorded in the Annals of Congress, "to punish a crime which goes to the destruction of the executive power of the government. He meant that description of crime which arises from an interference of individual citizens in the negotiations of our executive with foreign governments."

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."

...

The U.S. is in the midst of two wars authorized by Congress. For Ms. Pelosi to flaunt 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.

And he's not making the Logan Act up. Google it!

USAToday editorializes she was "out of bounds," but shies away from the illegality of her actions.

Like it or not (and we do not), President Bush's policy has been to refuse to negotiate with Syria until it changes its behavior. That behavior is malignant. Syria has long meddled destructively in neighboring Lebanon and is widely seen as the bloody hand behind the 2005 assassination of former Lebanese prime minister Rafik Hariri.

Pelosi surely knew that as speaker - third in the succession line to the presidency - her high-profile presence in Damascus would be read as a contradiction of Bush's no-talkpolicy. No matter that she claimed to have stuck closely to administration positions in her conversations with Assad, smiling photos of Pelosi and the Syrian president convey the unspoken message that while the U.S. president is unwilling to talk with Syria, another wing of the government is. Assad made good use of the moment.

Also along was House Foreign Affairs Committee Chairman Tom Lantos (news, bio, voting record), D-Calif., who said the meeting was "only the beginning of our constructive dialogue with Syria, and we hope to build on this visit." That suggested Democrats are going beyond unobjectionable fact-finding and getting-to-know-you conversation into something closer to negotiations, undermining U.S. diplomacy.

posted by Ace at 02:21 PM

| Access Comments