Pelosi: felon?

this seems like a much more serious issue than who the president hires and fires.

http://opinionjournal.com/extra/?id=110009908

[rquoter]Illegal Diplomacy
Did Nancy Pelosi commit a felony when she went to Syria?

BY ROBERT F. TURNER
Friday, April 6, 2007 11:30 a.m. EDT

House Speaker Nancy Pelosi may well have committed a felony in traveling to Damascus this week, against the wishes of the president, to communicate on foreign-policy issues with Syrian President Bashar Assad. The administration isn't going to want to touch this political hot potato, nor should it become a partisan issue. Maybe special counsel Patrick Fitzgerald, whose aggressive prosecution of Lewis Libby establishes his independence from White House influence, should be called back.

The Logan Act makes it a felony and provides for a prison sentence of up to three years for any American, "without authority of the United States," to communicate with a foreign government in an effort to influence that government's behavior on any "disputes or controversies with the United States." Some background on this statute helps to understand why Ms. Pelosi may be in serious trouble.

President John Adams requested the statute after a Pennsylvania pacifist named George Logan traveled to France in 1798 to assure the French government that the American people favored peace in the undeclared "Quasi War" being fought on the high seas between the two countries. In proposing the law, Rep. Roger Griswold of Connecticut explained that the object was, as recorded in the Annals of Congress, "to punish a crime which goes to the destruction of the executive power of the government. He meant that description of crime which arises from an interference of individual citizens in the negotiations of our executive with foreign governments."

The debate on this bill ran nearly 150 pages in the Annals. On Jan. 16, 1799, Rep. Isaac Parker of Massachusetts explained, "the people of the United States have given to the executive department the power to negotiate with foreign governments, and to carry on all foreign relations, and that it is therefore an usurpation of that power for an individual to undertake to correspond with any foreign power on any dispute between the two governments, or for any state government, or any other department of the general government, to do it."

Griswold and Parker were Federalists who believed in strong executive power. But consider this statement by Albert Gallatin, the future Secretary of the Treasury under President Thomas Jefferson, who was wary of centralized government: "it would be extremely improper for a member of this House to enter into any correspondence with the French Republic . . . As we are not at war with France, an offence of this kind would not be high treason, yet it would be as criminal an act, as if we were at war." Indeed, the offense is greater when the usurpation of the president's constitutional authority is done by a member of the legislature--all the more so by a Speaker of the House--because it violates not just statutory law but constitutes a usurpation of the powers of a separate branch and a breach of the oath of office Ms. Pelosi took to support the Constitution.

The Supreme Court has spoken clearly on this aspect of the separation of powers. In Marbury v. Madison, Chief Justice John Marshall used the president's authority over the Department of State as an illustration of those "important political powers" that, "being entrusted to the executive, the decision of the executive is conclusive." And in the landmark 1936 Curtiss-Wright case, the Supreme Court reaffirmed: "Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it."

Ms. Pelosi and her Congressional entourage spoke to President Assad on various issues, among other things saying, "We came in friendship, hope, and determined that the road to Damascus is a road to peace." She is certainly not the first member of Congress--of either party--to engage in this sort of behavior, but her position as a national leader, the wartime circumstances, the opposition to the trip from the White House, and the character of the regime she has chosen to approach make her behavior particularly inappropriate.

Of course, not all congressional travel to, or communications with representatives of, foreign nations is unlawful. A purely fact-finding trip that involves looking around, visiting American military bases or talking with U.S. diplomats is not a problem. Nor is formal negotiation with foreign representatives if authorized by the president. (FDR appointed Sens. Tom Connally and Arthur Vandenberg to the U.S. delegation that negotiated the U.N. Charter.) Ms. Pelosi's trip was not authorized, and Syria is one of the world's leading sponsors of international terrorism. It has almost certainly been involved in numerous attacks that have claimed the lives of American military personnel from Beirut to Baghdad.

The U.S. is in the midst of two wars authorized by Congress. For Ms. Pelosi to flaunt the Constitution in these circumstances is not only shortsighted; it may well be a felony, as the Logan Act has been part of our criminal law for more than two centuries. Perhaps it is time to enforce the law.

Mr. Turner was acting assistant secretary of state for legislative affairs in 1984-85 and is a former chairman of the ABA standing committee on law and national security. [/rquoter]

 

http://www.usatoday.com/printedition/news/20070406/edit06.art.htm

[rquoter]Pelosi steps out of bounds on ill-conceived trip to Syria
Bush's no-talk policy is flawed, but speaker's tactics are no solution.

Democrats in Congress have been busy flexing their foreign policy muscles almost from the moment they took power in January, for the most part responsibly. But House Speaker Nancy Pelosi crossed a line this week by visiting Syria, where she met with President Bashar Assad. She violated a long-held understanding that the United States should speak with one official voice abroad — even if the country is deeply divided on foreign policy back home.

Like it or not (and we do not), President Bush's policy has been to refuse to negotiate with Syria until it changes its behavior. That behavior is malignant. Syria has long meddled destructively in neighboring Lebanon and is widely seen as the bloody hand behind the 2005 assassination of former Lebanese prime minister Rafik Hariri. Syria has aligned itself with Iran and supports the violently anti-Israel groups Hezbollah and Hamas. It foments violence in Iraq by allowing suicide bombers and jihadists to cross the Syria-Iraq border.

Pelosi surely knew that as speaker — third in the succession line to the presidency — her high-profile presence in Damascus would be read as a contradiction of Bush's no-talkpolicy. No matter that she claimed to have stuck closely to administration positions in her conversations with Assad, smiling photos of Pelosi and the Syrian president convey the unspoken message that while the U.S. president is unwilling to talk with Syria, another wing of the government is. Assad made good use of the moment.

Also along was House Foreign Affairs Committee Chairman Tom Lantos, D-Calif., who said the meeting was "only the beginning of our constructive dialogue with Syria, and we hope to build on this visit." That suggested Democrats are going beyond unobjectionable fact-finding and getting-to-know-you conversation into something closer to negotiations, undermining U.S. diplomacy.

If there's any justification for Pelosi's trip, it is that foreign travel by members of Congress is important. Many come to office with little knowledge of the world and soon need to make important decisions about it. This was starkly evident in December when the congressman Pelosi chose to head the critical House Intelligence Committee revealed that he didn't know the difference between Sunnis and Shiites — knowledge critical to understanding Iraq and the war on terrorism.

The speaker presumably is better informed. Pelosi said she made the trip because the bipartisan Iraq Study Group urged greater engagement with Syria. That argument is strengthened by the fact that Assad also got visits this week from several House Republicans, who defied White House requests they not go. "I don't care what the administration says on this," said Rep. Frank Wolf, R-Va. "I want us to be successful in Iraq. I want us to clamp down on Hezbollah."

But Wolf can travel to Syria virtually undetected. Pelosi has an international profile. That guarantees her heavy media coverage but multiplies the price of a misstep, which she quickly made when she created confusion about how eager Israel is to resume peace talks with Syria. Israel immediately clarified her remarks.

Pelosi's office defended her trip by noting that the "administration's cold-shoulder approach has yielded nothing but more Syrian intransigence." As true as that is, the place for Pelosi to make the case is not in Damascus. It's not up to the speaker to unfreeze relations with Assad.[/rquoter]