John Kerry's Logan Act Violation?! (Secretly Negotiating The Iran Deal)

Originally published on May 9, 2018
In John Kerry's Logan Act Violation?! (Secretly Negotiating The Iran Deal) We learn John Kerry has been secretly negotiating with foreign leaders to preserve the Iran Deal and may have violated the Logan Act. An article in the Boston Globe stated "WASHINGTON — John Kerry’s bid to save one of his most significant accomplishments as secretary of state took him to New York on a Sunday afternoon two weeks ago, where, more than a year after he left office, he engaged in some unusual shadow diplomacy with a top-ranking Iranian official.

He sat down at the United Nations with Foreign Minister Javad Zarif to discuss ways of preserving the pact limiting Iran’s nuclear weapons program. It was the second time in about two months that the two had met to strategize over salvaging a deal they spent years negotiating during the Obama administration, according to a person briefed on the meetings.

With the Iran deal facing its gravest threat since it was signed in 2015, Kerry has been on an aggressive yet stealthy mission to preserve it, using his deep lists of contacts gleaned during his time as the top US diplomat to try to apply pressure on the Trump administration from the outside. President Trump, who has consistently criticized the pact and campaigned in 2016 on scuttling it, faces a May 12 deadline to decide whether to continue abiding by its terms.

Kerry also met last month with German President Frank-Walter Steinmeier, and he’s been on the phone with top European Union official Federica Mogherini, according to the source, who spoke on the condition of anonymity to reveal the private meetings. Kerry has also met with French President Emmanuel Macron in both Paris and New York, conversing over the details of sanctions and regional nuclear threats in both French and English.

German President Frank-Walter Steinmeier.
German President Frank-Walter Steinmeier.
FILIP SINGER/EPA/Shutterstock
The rare moves by a former secretary of state highlight the stakes for Kerry personally, as well as for other Obama-era diplomats who are dismayed by what they see as Trump’s disruptive approach to diplomacy, and who view the Iran nuclear deal as a factor for stability in the Middle East and for global nuclear nonproliferation. The pact, which came after a marathon negotiating session in Vienna that involved Iran and six world powers, lifted sanctions in return for Iran stopping its pursuit of nuclear weapons.

“It is unusual for a former secretary of state to engage in foreign policy like this, as an actual diplomat and quasi-negotiator,” said Michael O’Hanlon, a foreign policy expert at the Brookings Institution. “Of course, former secretaries of state often remain quite engaged with foreign leaders, as they should, but it’s rarely so issue-specific, especially when they have just left office.”

Kerry declined to be interviewed for this story. The quiet lobbying campaign — by him and others — is being conducted below the radar because he and his allies believe a high-profile defense of the deal by prominent Democrats would only backfire and provoke Trump, making it more likely the president would pull the United States out of the deal.

“Part of the equation is if Ernie [Ernest Moniz, the former US energy ecretary] or John made a bold statement, [Trump] is . . . crazy, and he might do the opposite just to spite them,” said one source who has worked with Kerry. “You’re liable to spur this guy in a direction you don’t want him to go in, just to be spiteful.”"

The text of the Logan Act says:

"§ 953. Private correspondence with foreign governments.

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 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004)."

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