Tea Party Senator Tom Cotton is leading the charge against Iran in an almost treasonous manner. Desperate to derail peace talks between the United States and Iran, Cotton and 46 other Senators sent a letter to Iran’s leaders promising to sabotage any deal the two countries might reach.
“It has come to our attention while observing your nuclear negotiations with our government that you may not fully understand our constitutional system,” the letter reads. “Anything not approved by Congress is a mere executive agreement. The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.”
“President Obama will leave office in January 2017, while most of us will remain in office well beyond then–perhaps decades,” the letter informs Iran’s leaders in hopes of creating doubt about any agreement into which Iran may enter.
The Logan Act expressly prohibits unauthorized citizens from directly or indirectly corresponding with foreign governments, “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.”
These 47 Senators all signed their names to a letter that aims to do exactly this — a crime punishable by up to three years in prison, as well as fines. It is doubtful that any of these Senators was authorized to attempt to, by Cotton’s own admission, sabotage negotiations.
“The end of these negotiations isn’t an unintended consequence of congressional action. It is very much an intended consequence. A feature, not a bug, so speak,” Cotton said in January at a Heritage Action for America conference.
Even if the letter written by these lawmakers is not technically treason, it sure feels like it. Rather than point out that 47 of our lawmakers are actively working to sabotage our nation’s national security, or use the “t-word,” White House Press Secretary Josh Earnest had some harsh words for these Senators.
At a press conference Monday, Earnest described the letter as, “a continuation of a partisan strategy to undermine the president’s ability to conduct foreign policy and advance our national security interests around the globe.”
“The fact is that we have heard Republicans for quite some time, including the principle author of this letter, make clear that their goal is to undermine these negotiations,” Earnest said. “Again, that is not a position that I am ascribing to Sen. Cotton, that is a position that he has strongly advocated. He described it as a feature of his strategy, not a bug.”
“I think the other thing that is notable here is that when you have a letter that is signed by forty-seven senators of the same party being sent to a leader of a foreign country, it raises some legitimate questions about the intent of the letter,” Earnest said. “It’s surprising to me there are some Republican senators who are seeking to establish a backchannel with hardliners in Iran to undermine an agreement with Iran and the international community.”
This isn’t Cotton’s first brush with a complete lack of ethics in dealing with Iran. In 2013, Cotton (while in the House of Representatives) pushed an amendment to the Nuclear Iran Prevention Act of 2013 that would punish family members of those who violate sanctions. The punishments would, “include a spouse and any relative to the third degree.” According to Rep. Cotton, this would include, “parents, children, aunts, uncles, nephews, nieces, grandparents, great grandparents, grandkids, great grandkids.”
“There would be no investigation,” Cotton said. “If the prime malefactor of the family is identified as on the list for sanctions, then everyone within their family would automatically come within the sanctions regime as well. It’d be very hard to demonstrate and investigate to conclusive proof.”
“An amendment is being offered literally to allow the sins of the uncles to descend on the nephews,” Rep. Alan Grayson (D-Fla.) said of Cotton’s proposed language. “The amendment that’s being offered doesn’t even indicate a requirement of knowing violation. … I really question the constitutionality of a provision that punishes nephews for the sins of the uncles.”
Cotton’s amendment is expressly prohibited by Article III of the Constitution, which bans punishing treason based on “corruption of blood,” but Cotton argues that “Iranian citizens do not have constitutional rights under the United States Constitution,” and therefore they do not deserve to be treated as humans.
However, the Fifth Amendment reads “no person … shall be deprived of life, liberty, or property, without due process of law,” with no distinction made regarding citizenship.
“In Wong Wing v. United States, the Supreme Court found that noncitizens charged with crimes are protected by the Fifth Amendment, along with the Sixth and 14th Amendments,” “HuffPo” notes. Cotton eventually, reluctantly, withdrew the amendment.
In addition, Cotton’s letter made a major error while “educating” Iran’s leaders about our Constitution, as noted by Harvard law professor Jack Goldsmith. On the blog “Lawfare”, Goldsmith points out that these 47 Republicans demonstrated that they do not actually understand the Constitution they purportedly love:
The letter states that, “the Senate must ratify [a treaty] by a two-thirds vote.” But as the Senate’s own web page makes clear: “The Senate does not ratify treaties. Instead, the Senate takes up a resolution of ratification, by which the Senate formally gives its advice and consent, empowering the president to proceed with ratification (my emphasis).” Or, as this outstanding 2001 CRS Report on the Senate’s role in treaty-making states (at 117): “It is the President who negotiates and ultimately ratifies treaties for the United States, but only if the Senate in the intervening period gives its advice and consent.” Ratification is the formal act of the nation’s consent to be bound by the treaty on the international plane. Senate consent is a necessary but not sufficient condition of treaty ratification for the United States. As the CRS Report notes: “When a treaty to which the Senate has advised and consented … is returned to the President,” he may, “simply decide not to ratify the treaty.”
“This is a technical point that does not detract from the letter’s message that any administration deal with Iran might not last beyond this presidency,” he wrote. “But in a letter purporting to teach a constitutional lesson, the error is embarrassing.”
You can read the letter, below, courtesy of Bloomberg:
Pray tell why aren’t these sad excuse for Senators not impeached and charged under the Logan Act? They have been doing little else but waiting to pounce on the President for the 1st misstep to impeach him, and now here they are clearly violating a law that has international implications. It’s time to stop turning the other cheek and being the nice guy. Nail them and show that this type of petulant, adolescent behavior by so-called law makers is not going to tolerated in serious politcis.
Let me see if I can help you. If the first condition doesn’t apply: PRIVATE correspondence - then what follows doesn’t apply.
This also might help you: ” . . . without authority of the United States . . . .” Congress and Congress people have the authority. Regardless, it wasn’t private correspondence.
Both your points are invalid. They were not granted authority to negotiate on behalf of the United States and simply being a Senator does not give them authority. This was a private correspondence, not on behalf of the government, and an attempt to sabotage (their words, not mine) negotiations. Cowards, traitors, and criminals.
We’ll have to disagree. Wanna bet if there’ll be even a single charge?
If you take some time to read the letter, you’ll discover that no negotiating is done in the letter.
True, there was no negotiating; just threats against the Iranian government and people.
I think it was more to inform Iran’s leaders that side deals reached with this Admin are null and void at the end of the Admin. Only treaties, with the advise and consent of the Senate, are legally binding beyond Admins. I think it’s a good thing the Senators wrote the letter, lest Obama give them the impression his deal with them is America’s deal with them. That’s how I see it.
More nonsense. Telling the Iranians their deal won’t last out the current President is the epitome of negotiation…by ultimatum.
How can it be private correspondence when it was on US Senate letterhead?
If you wrote a letter on US Senate letterhead, would that make it official? These individuals were not authorized to make such a negotiation on behalf of the United States. Just because it was on US Senate letterhead doesn’t mean it was authorized.
Interesting that you read something I did not write. To answer your question - Yes using government letterhead makes it official and my answer comes from 35 years of working for the DoD. Your second sentence is correct. Your third sentence - i never said using the letterhead made is authorized but it does infer that it has been supported by the U.S. Senate and it was not.
Nonsense, LDT. Their actions are in direct violation of not only the Logan Act but the US Constitution. The President negotiates treaties; the Senate is only to advise and consent (or not) after the treaty’s been finalized. Cotton and his gang have committed sedition and should be sent to jail for it.
Probably don’t want any nuclear provisions made by the U.S.A. to Iran ? Does that answer the question? They may not be the smartest group of leaders but I will side with them on that note. I question Obama’s true loyalty to this country with these kind of talks going on….
Duh! Obama is attempting to protect the US AND Israel by ensuring Iran does not develop nuclear weapons. And he is joined by six other nations in these talks. The Iranian Foreign Minister quite intelligently called this was it truly is…propaganda and attempted sabotage.
Put your white sheet away, TH….; your comments are a disgrace. Obama has done more to protect the US than Bush 2 did, and he is currently doing what the President is supposed to do — negotiate a treaty to lessen the chance of an enemy becoming stronger. That is how it’s laid out in the Constitution — the President negotiates treaties; the Senate is only to advise and consent (or not). They are NOT to do the negotiating.
By undermining the President in these negotiations, what these 47 senators have done is sedition, and they deserve to be tried and sent to jail for it. They are worse than an embarrassment; they are a danger to the country.
That you support their vile actions says far too much about you and your allegiances. If you don’t like the Constitution, move elsewhere, like to Russia. I’m sure you’d love it under Putin.
They assume that they will be in office for decades? We should make sure that changes. I would like to see them changed every 4 years with a maximum of 2 terms. No benefits after leaving office or they can elect to be insured by Medical if they qualify.
I’m not a constitutional authority but it seems to me that these politicians can be charged with treason and sedition……….. I wonder how many of these fools are veterans and are now disgracing the uniform that I and millions of others have worn. Hanging seems justifiable for any who are found guilty of treason or sedition
For sure in violation of the Logan Act and breaching their Constitutional authority in the separation of powers.
A bunch of lamebrain ignoramus goofballs who don’t know their own constitution who swored to uphold the constitution upon taking their respected office……How can you do anything when you don’t know anything…….Trying to outsmart or embarrass a genius, Obama… Inferiority(47 Repukes) Vs Superiority(Obama) ..
.But it will backfire on them just like all the other inane antics they tried to enact…. They make the comedy of errors looks normal……………. WOW…………Many people are irate at the absurdity of these goofballs’ antic, even the Iranians they sent it too….
Profound hate is really a mental illness…
Of course as a Tea Party extremist Cotton really doesn’t care about the constitution. Libertarians and Tea Baggers have that much in common- no matter how often they falsely claim to revere the constitution.
there is a “we the people” petition at petitions dot whitehouse dot gov that you can all sign, asking for charges to be filed per the Logan Act…
There are at least three, so you’ll want to either pick the most popular one or sign all three. In any event, we’d need a lot more signatures than the 7,000-and-change that have signed the popular one…
signed it and from latest news there are over 170,000 signatures! we can have disagreements within our borders, but to go public for the world to see. — well, that’s all kinds of wrong. to the gallows with those 47!
exactly… they call it the water’s edge… it’s NEVER done… you don’t go sidling up to a foreign, and hostile as for as the state dept is concerned, nation, just to make the sitting president look bad… inexcusable!
Let me see if I can help you. If the first condition doesn’t apply: PRIVATE correspondence - then what follows doesn’t apply. This correspondence wasn’t private.
This also might help you: ” . . . without authority of the United States . . . .” Congress and Congress people have the authority. Regardless, it wasn’t private correspondence.
Yawn.
“Private” does not equal secret. It refers to non official correspondence. And since the President is the only one who is really allowed to have official correspondence with foreign governments, these Senators broke the law.
We’ll have to disagree on that.
The obvious intent of those Senators was to attempt to be representative of the US Government as the letter was written on official US Senate letterhead. Nothing private about it at all and in gross violation of the Logan Act.
Senators are representatives of the US Gov. It is in no way a violation of the Logan Act. Congress and Congress people can write letters to anyone they wish, for any reason, so long as they’re not plotting treason or the overthrow of the Gov. Per the Logan Act, Congress and Congress people are “authorit(ies) of the United States”.
You need to read the Logan Act in addition to Article 2, Section 2, Clause 2 of the US Constitution and Section 2, clause 4 to learn about the powers granted to the President.
That’s all well and good. That defines powers granted the President. It doesn’t prevent Congress, or members of Congress, as authorities of the United States, from corresponding with foreign governments to clarify or correct a misimpression made by the President regarding “executive agreements”, which are not binding, and treaties that are binding. I think it’s a good idea to let the Iranian government know any side-deals with the Obama administration won’t be worth the paper they’re written on once his administration is over. Essentially, the Senate is helping the Iranian government understand if they want a binding, lawful agreement, a treaty, that must be voted on by the Senate under the Constitution’s Advice and Consent clause you refer to under Article 2, Section 2.
Under “advise and consent” provisions, there is the requirement that a TREATY be presented to the Senate on which they would advise and consent. There is NO provision in the Constitution nor federal law that allows the Senate the authority to advise and consent on NEGOTIATIONS in progress. International diplomacy and the negotiation of treaties is Constitutionally granted to the President and his administration and NOT to either body of the Congress. What this letter does is obstruct the President’s talks and negotiations, in concert with 5 other nation of the UN Security Council and indicates that regardless of any deal or negotiation, that the US Government cannot be trusted to honor any agreement. These Senators are unconstitutionally undermining the talks by a president they hold in severe contempt and hate that is unprecedented in US history.
What the letter is telling the Iranians is that they cannot trust the US and tacitly gives them a sign to go ahead and develop a nuclear weapon/bomb. What is know about the talks is the “deal” has a very good chance of stopping Iran’s development of a nuclear weapon; without the deal, there is no way to monitor or control their development. It appears that these Senator think that is ok and are in essence, siding with the more radical elements in the Iranian government. If you cannot - or refuse - to recognize that, then you need a bit more study on our Constitution, Federal law, International law, and the elements of diplomacy and International agreements among nations. But…I doubt you will as you seem pretty blinded and set in the Republican mind set which indicates a war with Iran is what is desired. The three choices available are to negotiate and gain a stoppage of Iran’s nuclear weapon program, continuing to “punish” Iran with further and more restrictive sanctions with can only acerbate the stated hate for the US, or going to war with Iran. I prefer the first option as being the most viable and the easiest procedure.
what they’ve done, no matter, is litigious, and deserves action
Yes, applause.
I can assure you, there won’t be a single charge because the Logan Act doesn’t apply here.
You can paste that same reply everywhere, LowDownToo, but it doesn’t change the fact that you have either not read the text of the Logan Act or do not understand it. Only the President is empowered to conduct foreign policy, as per the Supreme Court. You seem to be confusing ratification of an agreement with the negotiation of said agreement.
And it doesn’t matter if those trai…er… “Senators” sent private or public correspondence; it was still an attempt by an unauthorized party to negotiate with a foreign power. Which is very clearly illegal.
Congress has equal power to the Executive branch. They can write whomever they wish. Wanna bet if there’ll be even a single charge?
Wow. Just wow. You know, the Constitution of the United States is not only a remarkably short document, but you can find it online. Here’s the dime tour, though: Congress has legislative power, as defined by Article I, Section 1 of the Constitution:
The President has Executive power, as defined by Article II, Section 1:
Finally, the Judicial power rests with the Supreme Court, as defined by (do you see a pattern here?) Article III, Section 1:
Again, even if you slept through your Civics class (or American History), this stuff is available online. Or you can make the trip to Washington, D.C. and read it for yourself. In person. Generally speaking, though, you really should do just a tiny bit of research. Congress has equal power to the President? Hardly. Perhaps you meant to say “Congress is a co-equal branch of government,” which is a very different thing.
The Senate has the power of advise and consent regarding treaty ratifications. I guess you can say the Senate has more power than the President because they kill the treaty by denying consent.
Do you need a nickel on your head? You keep repeatin’ yourself.
They very obviously wanted to appear to be authorized agents of the US Government as they wrote the letter on official U.S. Senate letterhead. Nothing private about that.
We can copy and paste as well…..the Logan Act:
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.
1. directly or indirectly commences or carries on ANY correspondence…so much for your private letters nonsense.
2. None of these jackanapes are authorized by the President to negotiate ANY treaties…that’s straight up in Article II. Advise and consent, but the Senate’s consent is NOT required for ratification…the President ratifies treaties not some schmuck named Cotten.
Wanna bet if there’ll be even a single charge?
Where did you to to School? Fox News University?
Congress and Congress people are “authorit(ies) of the United States”.
Wait a minute senators should be impeached for breaking the law ?? obama has broken the law at least 20 times & i don’t hear these same people say he should be impeached .ARE YOU KIDDING ?? Keep on drinking that obama kool ade .Pretty soon we will all be in Fema camps because nobody wants to admit that king is breaking the law . We must fight this guy & get him out now or it will be too late . LIVE FREE OR DIE TRYING to be.
Facts are pesky things. I’m going to need some. Where is your evidence that President Obama has broken any law? I will be waiting right here. (Faux noise sources don’t count, they’re not news)
he did say (how many times) he didn’t have the constitutional authority for his immigration orders but went ahead with them anyway. this from a con law professor?
Oh brother.
Could you show some evidence that the President has broken the law? Because we do have evidence that these 47 congressmen have broken the law, it’s posted in this article. That letter is in fact a violation of the Logan Act. And, by their own admission, they are trying to thwart the efforts of the President in foreign affairs. Jus in case you’re too lazy to look it up, this is the Logan Act:
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.
…Fema camps… right… I hear wal-mart is having a sale on tin-foil today. Might want to rush down there and stock up.
Oh, would those be the PLANS for FEMA camps to be set up to help house displaced Americans in the face of another natural disaster such as a hurricane? Or would that be the FEMA camps surrounded by barbed wire, patrolled by vicious attack dogs and guarded by jackbooted thugs named Siegfried and Bruno…you know, the camps that only exist in the imagination of PARANOID right-wingers.
You must visit those web sites that specialize in the sale of survival food packs, gold, and other questionable items. That’s not a problem; I sort of get a kick out of seeing RWNJs get fleeced by even greedier RWNJs. But please, take that conspiratorial and delusional BS over to Faux “News” headquarters, where it belongs.
You’re in need of professional help as well as strong medications.
There is ABSOLUTELY no way that anyone can justify this. You can make up all the fake scandals about Hilary Clinton Or Pres. Obama all you want to. It still has the end result of being made up. This is not open to interpretation or conjecture on the meaning of the law. It’s black and white. They broke the law and have placed us in possible danger. I wish this would make the American people wake up and start a riot in the streets all the way to Washington from every corner of the land…yet, I know, sadly. that nothing will happen to them. Nothing will change.
It seems that these Senators went to the Sarah Palin school of International Relations.
you got that right — 4 or 5 colleges with a mickey mouse degree — lol
Aside from the near seditious nature of this letter, its tone is TRULY embarrassing. The author assumes that the Western educated leaders of Iran know NOTHING about America and presumes, in a highly condescending manner, to explain our form of government to them. Believe me, it’s generally true that foreigners have a far better understanding, and knowledge of, America than we do of their nation, no matter WHAT nation that may be. It’s sad just how little the average American knows about foreign places, and this appalling letter is a timely, if ill-advised, reminder of such.
And America gets laughed at again. An open letter “proving” to the world that the majority of Republican Senators do not understand their own country’s basics civics.
“These 47 Senators all signed their names to a letter that aims to do exactly this — a crime punishable by up to three years in prison, as well as fines.” Fat chance of that happening. I would love to see the officers go into the chamber and handcuff all 47 of this traders and take them to jail but we all know that isn’t going to happen. Those people are above the law and I think we all know that by now.
Let’s be very clear: Republicans are undermining our commander-in-chief while empowering the ayatollahs. Even at the height of our disagreements with Bush, Senate Democrats never considered sending a letter to Saddam Hussein or other Iraqi leaders. What Republicans have done boarders on the line of treason.
how do you feel about Ted Kennedy’s secret memo and offer to travel to Moscow in 1993 in an effort to undermine Reagan? or 1984 with the “dear commandante” letter Democrats sent to Nicaraguan commandante Daniel Ortega? or when pelosi visited Assad in 2007 in an effort to force open dialogue? or when jimmy carter wrote a letter to nations participating in the UN security council intentionally undermining President Bush?
OR HOW ABOUT “In September 2002, David Bonior, the second-ranking Democrat in the House of Representatives, flew to Baghdad in an attempt to undermine George W. Bush’s case for war in Iraq on a trip paid for by Saddam Hussein’s regime. Bonior, accompanied by Reps. Jim McDermott and Mike Thompson, actively propagandized for the Iraqi regime. McDermott, asked whether he found it acceptable to be used by the Iraqi regime, said he hoped the trip would end the suffering of children. ‘We don’t mind being used,’ he said.” you’re a joke jim, come back next time
You mean when Pelosi went over with a contingent of Republicans to talk to Assad? Or did you conveniently forget that fact?
no i didn’t, actually, but thank you! my posting and argument is the same as yours. conveniently forgetting facts. everyone on here is mentioning treason and calling for heads to roll and seems to forget there’s more than one precedent here. my problem is with the hypocrisy, and it is not partisan. Jim said Republicans are undermining the president; i was just pointing out FIVE different inferences the Dems have done the same thing, but seem to be lost on the intelligent readers of this esteemed site.
Please tell me that they are going to reprimand these idiots in some fashion. I really don’t care what fashion, just do something demoralizing and embarrassing to them. Run them outta town on a rail. DO SOMETHING. Don’t just let them embarrass us like that and get away with it.
There are many things the signers of this letter either don’t understand or just ignore.
The letter indicates that they do not want any regulation over Iran’s nuclear policies which tells the leaders in Iran to go ahead and develop nuclear weapons (i.e., they take the position to be on Iran’s side and against the US and our President). They seemingly want to support Israel and Netanyahu’s stand against them rather than supporting their own government and president. But then, these are the guys who really want another war….and a profitable one at that.
In Cotten’s letter, he tells the Iranians that they do not understand the US constitutional system; this letter proves that they themselves do not understand the US constitutional system as they step outside the boundaries the Constitution put on their jobs. While being very close to committing treason (the Constitution clearly defines treason) and have certainly violated the Logan Act. The DOJ should instigate a full investigation and bring charges against these 47 Senators who have indeed broken the law…..as they accuse Hillary Clinton of breaking a law that was not in existence while she was a government employee. The usual hypocrisy.
If the political tables had been switched, and Democrats had done this to a Republican POTUS, Republicans across the nation would be screaming for blood. This act was nothing short of nationally shameful. You really do have to wonder what it’s going to take for their constituents to realize that these Senators don’t deserve their jobs.
over 171,000 signatures already!!!
Now that the Senators’ letter is receiving recognition as being a good and appropriate move, I hope we can move on with an agreement with Iran that would actually prevent Iran from getting a bomb, that is a legally binding treaty, instead of a non-binding side-deal that has no legality to its terms or enforcement.
only if you agree to sign a petiition for nancy pelosi and ted kennedy for treason as well. we have ourselves a deal?