On Sunday, former mayor of New York City and attorney to President Trump, Rudy Giuliani, appeared on ABC’s “This Week.”
During his segment, Giuliani expressed surprise that “nobody seems to care” about former secretary of state John Kerry “violating the Logan Act.”
This is another tangent, like, you know, chasing the Flynn tangent when it turns out that John Kerry is now violating the Logan Act, and nobody seems to care. You haven’t asked me about it.
The Logan Act (18 U.S.C. 953), states 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.
According to a Boston Globe report, John Kerry recently met with Iranian Foreign Minister Javad Zarif in New York. Keeping the Iran nuclear deal intact was the alleged purpose of the meeting.
This could be seen as a violation of the Logan Act. However, Dan McLaughlin of National Review writes: “Not one person has been convicted under the Logan Act in 219 years on the books (which means, among other things, that its constitutionality has never been meaningfully litigated).”
Additionally, legal scholar Alan Dershowitz recently noted that while John Kerry could be in violation of the Logan Act, “fortunately for everybody, the Logan Act [is a] dead letter …”