{"id":183114,"date":"2015-03-09T22:34:00","date_gmt":"2015-03-10T03:34:00","guid":{"rendered":"https:\/\/www.panix.com\/~msaroff\/40years\/2015\/03\/09\/sedition-anyone\/"},"modified":"2015-03-09T22:34:00","modified_gmt":"2015-03-10T03:34:00","slug":"sedition-anyone","status":"publish","type":"post","link":"https:\/\/www.panix.com\/~msaroff\/40years\/2015\/03\/09\/sedition-anyone\/","title":{"rendered":"Sedition Anyone?"},"content":{"rendered":"
47 Republican Senators have sent a letter to Iran saying that they intend to overturn any agreement signed by the Obama administration as soon as he leaves office<\/a>:<\/div>\n

A group of 47 Republican senators has written an open letter to Iran’s leaders warning them that any nuclear deal they sign with President Barack Obama’s administration won\u2019t last after Obama leaves office.<\/span>

<\/span> Organized by freshman Senator Tom Cotton and signed by the chamber’s entire party leadership as well as potential 2016 presidential contenders Marco Rubio, Ted Cruz and Rand Paul, the letter is meant not just to discourage the Iranian regime from signing a deal but also to pressure the White House into giving Congress some authority over the process.<\/span>

<\/span> \u201cIt has come to our attention while observing your nuclear negotiations with our government that you may not fully understand our constitutional system \u2026 Anything not approved by Congress is a mere executive agreement,\u201d the senators wrote. \u201cThe next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.\u201d<\/span><\/p><\/blockquote>\n

Foreign policy scholar Daniel Dresner notes that this goes well past what is garden variety trolling by political partisans<\/a>: (And yes, he uses the world “troll”)<\/p>\n

Now, on the one hand, I get what Senate Republicans are trying to do here. They don\u2019t like the contours of the deal that\u2019s being negotiated, and they really don\u2019t like Barack Obama\u2019s enthusiasm for bypassing a truculent Congress<\/a> via executive actions<\/a> on Iran<\/a>. So if the Senate GOP can signal to Iranians that an executive agreement isn\u2019t that much<\/a> of a credible commitment device, maybe they can scuttle a deal they dislike with the white-hot passion of a thousand suns. It\u2019s certainly a better gambit than, say, this ad<\/a>. <\/p>\n

That said, there are still a few confusing aspects about this. First, there\u2019s the question of the law. I don\u2019t think an open letter from members of the legislative branch quite rises to Logan Act violations<\/a>, but if there\u2019s ever a trolling amendment to the Logan Act, this would qualify.<\/span><\/p><\/blockquote>\n

For those of you who are not up on obscure federal legislation, the Logan Act was passed in 1799(!) and makes it a felony for private citizens to “freelance” in American diplomatic relations:<\/p>\n

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.<\/span><\/p><\/blockquote>\n

So, Nixon queering the peace talks with Vietnam in 1968 would qualify as well, but let’s be clear, no one is going to be prosecuted over this, any more than someone would be prosecuted under the Alien and Sedition acts, which were passed in 1798.   (Most of them have expired, anyway)<\/p>\n

They also got schooled by the Iranian FM over the finer points of international law<\/a>:<\/p>\n

Iranian foreign minister and the country\u2019s Chief nuclear negotiator said the recent open letter by a group of Republican senators about Iran\u2019s nuclear talks has no legal value and is just a propaganda ploy.<\/p>\n

Asked about the open letter of 47 US Senators to Iranian leaders, the Iranian Foreign Minister, Dr. Javad Zarif, said, \u201cIn our view, this letter has no legal value and is mostly a propaganda ploy. It is very interesting that while negotiations are still in progress and while no agreement has been reached, some political pressure groups are so afraid even of the prospect of an agreement that they resort to unconventional methods, unprecedented in diplomatic history. This indicates that like Netanyahu, who considers peace as an existential threat, some are opposed to any agreement, regardless of its content.\u201d<\/p>\n

Zarif expressed astonishment that some members of US Congress find it appropriate to write to leaders of another country against their own President and administration. He pointed out that from reading the open letter, it seems that the authors not only do not understand international law, but are not fully cognizant of the nuances of their own Constitution when it comes to presidential powers in the conduct of foreign policy.<\/p>\n

Foreign Minister Zarif added, \u201cI should bring one important point to the attention of the authors and that is, the world is not the United States, and the conduct of inter-state relations is governed by international law, and not by US domestic law. The authors may not fully understand that in international law, governments represent the entirety of their respective states, are responsible for the conduct of foreign affairs, are required to fulfil the obligations they undertake with other states and may not invoke their internal law as justification for failure to perform their international obligations.\u201d<\/p>\n

The Iranian Foreign Minister added that \u201cchange of administration does not in any way relieve the next administration from international obligations undertaken by its predecessor in a possible agreement about Iran\u2019s peaceful nuclear program.\u201d<\/p>\n

\u201cI wish to enlighten the authors that if the next administration revokes any agreement with \u2018the stroke of a pen,\u2019 as they boast, it will have simply committed a blatant violation of international law.\u201d<\/p>\n

He emphasized that if the current negotiation with P5+1 result in a Joint Comprehensive Plan of Action, it will not be a bilateral agreement between Iran and the US, but rather one that will be concluded with the participation of five other countries, including all permanent members of the Security Council, and will also be endorsed by a Security Council resolution.<\/p>\n

Zarif expressed the hope that his comments \u201cmay enrich the knowledge of the authors to recognize that according to international law, Congress may not \u2018modify the terms of the agreement at any time\u2019 as they claim, and if Congress adopts any measure to impede its implementation, it will have committed a material breach of US obligations.\u201d<\/span><\/p><\/blockquote>\n

It’s one thing to suggest that an agreement is not valid without Congressional approval,*<\/sup> it’s another to directly conduct the other side in a diplomatic dispute and explicitly state the the word of the US government is meaningless. <\/p>\n

47 members of the US Senate, particularly freshman Senator Tom Cotton have one off the f%$#ing deep end.<\/p>\n

Welcome to today’s Republican Party, I guess.<\/p>\n

*<\/sup>In this case, it appears to have been conducted under the auspices of the UN Security Council, and it appears that it will be approved by the UN Security Council, so there is room for disagreement there, which would suggest that a Security Council vote would be required to amend or abrogate the deal, and not Congress.<\/span>\u2020<\/sup>
\u2020<\/sup>Yes, I understand how many of the black helicopter one world government nutjobs in Congress would find this objectionable, but f%$# then.  They are stupid and bat sh%$ insane.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

47 Republican Senators have sent a letter to Iran saying that they intend to overturn any agreement signed by the Obama administration as soon as he leaves office: A group of 47 Republican senators has written an open letter to Iran’s leaders warning them that any nuclear deal they sign with President Barack Obama’s administration …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[998,964,978,982,979],"tags":[],"class_list":["post-183114","post","type-post","status-publish","format-standard","hentry","category-congress","category-foreign-relations","category-politics","category-stupid","category-wanker"],"_links":{"self":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/183114"}],"collection":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/comments?post=183114"}],"version-history":[{"count":0,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/posts\/183114\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/media?parent=183114"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/categories?post=183114"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.panix.com\/~msaroff\/40years\/wp-json\/wp\/v2\/tags?post=183114"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}