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Is Dennis Kucinich a felon?

Posted: Wed Sep 12, 2007 11:57 am
by Stephen Eisel
http://www.opencrs.com/rpts/RL33265_20060201.pdf

The Logan Act, codified at 18 U.S.C. § 953, states:
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, 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.

Posted: Wed Sep 12, 2007 1:10 pm
by sharon kinsella
It looks like this would only apply if he represented himself as an envoy of the US Government, empowered to negotiate agreements.

I don't think he did that.

If we interpret it to mean visiting foreign entities to discuss peace then Bill Clinton and George Bush Sr. would also be felons. They were no longer presidents when they traveled overseas on peace missions.

It seems that this is saying that only with presidential permission (not vice-presidential permission) come an unofficial emissary undertake negotiations in the name of the US.

Posted: Wed Sep 12, 2007 6:16 pm
by Stephen Eisel
sharon kinsella wrote:It looks like this would only apply if he represented himself as an envoy of the US Government, empowered to negotiate agreements.

I don't think he did that.

If we interpret it to mean visiting foreign entities to discuss peace then Bill Clinton and George Bush Sr. would also be felons. They were no longer presidents when they traveled overseas on peace missions.

It seems that this is saying that only with presidential permission (not vice-presidential permission) come an unofficial emissary undertake negotiations in the name of the US.
The key word here is authority. Bill Clinton and George Bush would have the authority. Dennis did not.

Posted: Thu Sep 13, 2007 6:43 am
by Phil Florian
Hmmm... I wonder why no officials in the Federal Government aren't putting a warrant out for his arrest. Why haven't they? Maybe your question should be, "Is the Bush Administration soft on crime?" :D

Posted: Thu Sep 13, 2007 8:57 am
by Stephen Eisel
Phil Florian wrote:Hmmm... I wonder why no officials in the Federal Government aren't putting a warrant out for his arrest. Why haven't they? Maybe your question should be, "Is the Bush Administration soft on crime?" :D
They are definitely soft on our borders..