Ignoring The Law Because You Think You Can

On Tuesday, CNS News reported the following:

Sen. Chris Murphy (D-Conn.) confirmed Tuesday that he met with Iranian Foreign Minister Javad Zarif on the sidelines of a security conference in Germany at the weekend, justifying his decision to do so by saying that “if [President] Trump isn’t going to talk to Iran, then someone should.”

There is little doubt that Iran is an enemy of America. Why is a member of Congress meeting with their Foreign Minister?

The article continues:

Murphy said he also wanted to request the Iranian regime’s help in bringing the civil war in Yemen to an end; and to push for the release of Americans incarcerated in Iran.

“I don’t know whether my visit with Zarif will make a difference. I’m not the President or the Secretary of State – I’m just a rank and file U.S. Senator,” Murphy wrote.

“I cannot conduct diplomacy on behalf of the whole of the U.S. government, and I don’t pretend to be in a position to do so.”

“But if Trump isn’t going to talk to Iran, then someone should. And Congress is a co-equal branch of government, responsible along with the Executive for setting foreign policy. A lack of dialogue leaves nations guessing about their enemy’s intentions, and guessing wrong can lead to catastrophic mistakes.”

Senator Murphy may consider Congress a ‘co-equal branch of government,’ but the President is the person who conducts foreign policy. Congressmen on their own do not have that authority.

The article concludes:

The 1799 Logan Act prohibits unauthorized persons from negotiating with foreign governments which have a dispute with the United States. No-one has been convicted for violating the act.

In 2015, 47 Republican senators signed a letter to the Iranian regime suggesting that a nuclear agreement between President Obama and supreme leader Ayatollah Ali Khamenei would be an executive agreement which another president or Congress would be empowered to abrogate.

The initiative prompted some critics to invoke the Logan Act.

Among the Democrats who condemned the letter was Murphy, who accused the signatories of “undermining the president.”

“I can’t even imagine the uproar if Democratic senators [had been] writing to Saddam Hussein in the lead up to the Iraq War,” Murphy told the National Journal at the time.

I guess that was then and this is now. It’s amazing how quickly the rules change for the Democrats.