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The Logan Act is one of the most important instruments the United States has to prevent the negotiation of unauthorized US citizens with other Heads of State or Government. However, for Democrat candidate Joe Biden the Constitution appears to be non-binding, as former President Barack Obama’s National Security Advisor revealed that Biden is having talks with foreign leaders.
Ben Rhodes, the former Deputy National Security Advisor to the Obama-Biden administration, admitted in an interview with MSNBC that “foreign leaders are having calls with Joe Biden about the agenda they will pursue from January 20.”
If we read the Logan Act, it is clearly stated in the First Chapter of its Third Statute:
Any citizen of the United States, wherever located, who, without authorization from the United States, directly or indirectly initiates or maintains any correspondence or relationship with any foreign government or any officer or agent thereof, with intent to influence the actions or conduct of any foreign government or any officer or agent thereof, in connection with any dispute or controversy with the United States, or to void the actions of the United States, shall be fined under this title or imprisoned not more than three years, or both. This section shall not limit the right of a citizen to petition himself, or his agent, any foreign government, or its agents, for redress of any injury he may have suffered from such government or any of its agents or subjects.
Furthermore, Article 2 of the U.S. Constitution states that only the President of the United States “shall have power by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur.”
Taking the U.S. Act itself, we can understand that:
- Only an incumbent president is capable of maintaining treaties or negotiations with foreign governments.
- Joe Biden is not even president-elect because the election dispute is still under investigation and deliberation.
- Joe Biden cannot negotiate anything because he is not President-elect, much less acting President.
However, Section 953 (the Logan Act) has had precedents for use in institutional diatribes. In 1975, Senators John Sparkman and George McGovern went to Cuba to meet with officials of the Castro regime. The State Department was clear, however, that members of Congress could meet with foreign governments and the government was aware of their travel, despite the fact that the senators were not encouraged to meet.
Joe Biden, the Logan Act and Russiagate
If the case of Russia’s false interference in the 2016 elections were to be condensed into one sentence, it would be that of Lenin: “Accuse them of what you do, and call them what you are.” Four years ago, the Democrats accused President Trump’s former National Security Advisor, General Michael T. Flynn, of the same thing that Joe Biden is doing today.
General Flynn had been accused of —allegedly— maintaining communications with foreign officials, including Russian officials. Flynn was forced to resign shortly thereafter after being the target of a hostile global media campaign.
This happened after the FBI revealed conversations it obtained following an illegal investigation it conducted against the Trump campaign with the agreement of the Obama administration and Biden.
Illegality and falsehood reigned in this arrangement against an asset that the American establishment did not agree with because of its positions against infinite wars, the policy of regime change, the withdrawal of troops abroad and a reform of the intelligence system.
Now, a few days after the big media declared Joe Biden illegitimate as president, the Iranian regime held talks with the Democratic candidate to “return to nuclear agreements.” According to IRNA, an Iranian state-run media outlet, Rouhani said that “an opportunity has arisen for the next U.S. administration to make up for past mistakes and get back on track with international agreements by respecting international standards.”
If these claims made by Joe Biden’s own team are proved, the candidate will have committed a violation of the Constitution and the Logan Act in an open manner.