There is a lot of legal trash talk this week about “The Letter.” Liberals called the 47 Republican Senators “Traitors” in big headlines. The Pravda Press said that the letter was a violation of the Logan Act. The commentators said the letter violated the Constitution’s allocation of all foreign negotiations to the president. All of this was hogwash.
Just so everyone is clear on this, the Constitution defines treason: "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort." I know liberals don't read the Constitution because it reminds them of the Tea Party, but it really helps to occasionally know what you're talking about.
The Logan act was passed in 1799. It outlawed negotiations between private parties and foreign governments. The last and only prosecution under the Logan Act was in 1803. It did not result in a conviction. Since the Republican Senators did not negotiate and since they are Senators and not private individuals, the Logan Act doesn’t seem to apply. Low information voters don’t know any of this, so the smear worked.
Since Barry the Brilliant said he would veto any attempt by Congress to advise him on negotiations with Iran and then consent to any agreement, the person ignoring the Constitution was the president, not the Senate Republicans who wrote the letter. Treaties are supposed to be made with the advice and consent of the Senate, according to the Constitution, Article II, Section 2, Clause 2. As with many other things, our Dear Leader is ignoring the Constitution in this regard also. Since no remedy is specified, 47 Republican Senators chose to help themselves by writing an open letter to the Iranians to remind everybody, the Iranians, the president and the public that agreements which happen without the advice and consent of the Senate are not binding. If one side is ignoring the Constitution, you can hardly complain when in reaction the other side fails to preserve decorum.
I think any agreement President Obama signs will have exactly the same binding power on the next administration as the Budapest Memorandum of 1994 has had on the Obama Administration, in other words none. The Budapest Memorandum, signed by the Clinton administration, guaranteed the territorial integrity of the Ukraine in return for the surrender of 1,800 ex-Soviet nuclear weapons on Ukrainian territory. It was signed by the US, UK and Russia. The UK has special forces in the Ukraine right now training Ukrainian forces. Obama sent MREs (meals ready to eat). According to the German ambassador to the US, Obama told Angela Merkel that the US would not send military aid to the Ukraine. So the US is not helping the Ukraine defend itself from piecemeal annexation by Russia at all.
Liberals seem to go to the Lewis Carroll school of legal interpretation. I need to quote Mr. Carroll extensively so you understand how this really works.
“When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’
’The question is,’ said Alice, ‘whether you can make words mean so many different things.’
’The question is,’ said Humpty Dumpty, ‘which is to be master — that’s all.”
In simpler terms, heads means liberals win, tails means conservatives lose. Liberals are to be the master. There are no laws any more, just liberal interpretations to suit liberal convenience. The Constitution is to be interpreted out of existence. It seems the liberal elite prefers a dictatorship of the liberal elite to the rule of law. The trash talk is just there to justify their actions to the low information voters who don’t know any better.