Posted on 03/09/2015 8:22:20 AM PDT by E. Pluribus Unum
Just when you thought congressional Republicans couldnt look any more like a troupe of treacherous clowns hellbent on circus-ifying anything President Obama tries to do, they pull another bag of tricks from the trunk of their tiny car.
On Monday, 47 Republican senators signed an open letter addressed to the Leaders of the Islamic Republic of Iran on U.S. Senate letterhead. The correspondence basically indicated that Irans ongoing negotiations on its nuclear program with the Obama administration are an all but futile endeavor. The weirdest thing about the letter other than the fact that it was written in the first place is that it doesnt address anything specific regarding Irans nuclear program. It advances no alternative proposals, it elucidates no conditions under which the GOP would assent to a deal of any kind, and thus, it offers no hope of resolving one of the biggest U.S. foreign policy challenges of the last 35 years.
Youd think considering the letter is official correspondence from Senate Republicans, it wouldve addressed specific leaders within the Iranian government such as Supreme Leader Ali Khamenei, President Hassan Rouhani, or the members of the Guardian Council, but it does not. Regardless, the letter is unlike anything seen in recent memory. Not only does it explicitly attempt to undermine negotiations between the U.S. and Iran concerning the latters nuclear program, its written in an unbelievably condescending tone:
Never has a lesson in American civics been so patronizing, or nefarious for that matter. Its ironic the GOP thinks Irans leaders need a primer in the U.S. Constitution, considering its 2008 presidential nominee had no idea as to which office in Iran actually holds ultimate power. (He still might not.)
No matter, the not very subtle implication here is that if any deal whatsoever is hammered out between Iran and the U.S., the Republicans will oppose it. Again, notice how the letter doesnt explain the sort of agreement the GOP would accept. The reason for this is as depressing as it is ludicrous: No agreement between Iran and the U.S. is acceptable as far as the Republican Party and its de facto chief Iran strategist Benjamin Netanyahu are concerned. At least, none that involve Iran retaining a modicum of dignity as a sovereign state.
The senators letter is an unserious act of anti-diplomacy specifically designed to undermine the presidents efforts to conduct foreign affairs in his capacity as chief executive. As such, the correspondence tests the limits of the Logan Act, which reads in part,
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.
While the letters signatories are U.S. senators, that does not mean they have the authority of the United States as required by the law since when it comes to conducting foreign policy, the executive branch is the United States, taking into consideration the occasional Advice and Consent of the Senate as prescribed by the Constitution. However, this letter is neither advice, nor consent. Its directly addressed to leaders of a foreign government presently involved in talks with the U.S., and it is designed to thwart those talks. Unless the senators were authorized by the president to address Irans leaders in this letter, a case can be made that 47 U.S. senators just violated a federal law that carries a prison term of up to three years.
Whether the law was broken or not, the fact remains that once again Republicans have shown themselves not only unfit to govern, but unwilling to govern, because governance sometimes means making agreements that dont give you everything you want. That the vast majority of GOP senators have so publicly proclaimed their opposition to any deal that could ensure Iran will not pursue nuclear weapons is a travesty of foreign policy, a breach of custom, and possibly a felony.
Once upon a time, not only were Republicans open to nuclear agreements with archenemies, they actually signed them, as Ronald Reagan and George H.W. Bush did. Reagans approach was simple: Trust, but verify. Thirty years later, its a shame Republicans cant follow his example.
It would be wonderful to turn the mirror right back at um.
Or, if you wish, there is still the ever-faithful ‘motard’ still operative. :0)
“47 Republicans May Have Just Broken the Law By Writing An Outrageous Letter To Iran”
It’s about darn time.
Besides, I thought Democrats had no problem with breaking the law.
Actually the Constitution gives the Executive Branch the sole power to negotiate treaties, and the Senate power to accept or squelch.
In regards to where “does it say they have authority”? You should look up the Law of Agency and Apparent or Implied Authority.
This is a bad precedent and if the Dems do it to a Pres. Cruz or Walker, or whoever, we will be hollering. Not good PR, and not effective for any purpose.
“Is there any law against a group of Senators writing a letter to the Iranian government?”
Is there a law against anyone writing a letter to the Iranian government?
They hate the competition. And anyhow why did it take this long after the Bibi visit for the carping to begin? Aren’t they a bit slow on the draw?
When Ted Kennedy conspired with the Soviets to undo Reagan he wasn’t charged why should they charge our side?
I’d be curious just how constitutional this Act is anyhow. A First Amendment challenge could send it the way of the Alien and Sedition Act.
“You should look up the Law of Agency and Apparent or Implied Authority.”
And then what? Do you have a point to make? Are we supposed to guess what it is? Not interested.
What, did the GOP try to send it by snail mail and it got dinged by the USPS for insuffiecient postage?
I don’t know all the ins and outs. A general letter to the US public in the New York Times or something like that, would make the point nicely.
At least if Democrats did this they would be constitutional for a change.
While you make a good point, I think it's pretty clear that the Senators didn't break the law the writer is citing. The terms "correspondence" and "intercourse" are used. The senators did not correspond with Iran: They sent a notice. They are not expecting or desiring a reply or to engage in any kind of negotiation. The writer is either being disengenuous or an idiot.
The law is meant to cover situations such as John Kerry negotiating with the North Vietnamese in Paris.
The poster asked a question about authority. I gave him/her a place to find the answer.
Try not to interrupt when the adults are talking.
Compare that letter with the letter that Harry Reid wrote to about Rush Limbaugh, where he used his Senate position to stifle the expression of free speech of an American citizen.
Clean up in aisle 13. Another liberal has crapped himself.
Like the law, protocol is pretty much in tatters. What we have is the legislative branch moving into the vacuum left by the executive branch neglecting or abdicating its responsibilities, because SOMEBODY has to be the adult in the room.
And Iran sure is not.
Considering their support for gun control, it is evident that blacks consider violent crime to be a legitimate career path, and armed victims to be an OSHA violation.
Uh, Senator Biden in 2002, sent a letter to the Russian leadership saying almost the same thing.
History is a drag for rags like this.
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