Comments by "silat13" (@silat13) on "Caller: I Believe There is a Logan Act Violation..." video.
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The only known indictment under the Logan Act was one that occurred in 1803 when a grand jury indicted Francis Flournoy, a Kentucky farmer, who had written an article in the Frankfort Guardian of Freedom under the pen name of "A Western American." In the article, Flournoy advocated a separate nation in the western part of the United States that would ally with France.
Guess we can arrest and charge the K0CHers that call for secession. LET'S DO IT NOW.
Logan Act:
Passed under the administration of President John Adams, during tension between the U.S. and France, it was informally named for Dr. George Logan of Pennsylvania, a state legislator (and later US Senator) and pacifist who in 1798 engaged in semi-negotiations with France during the Quasi-War.
The Logan Act prohibits any “Private correspondence with foreign governments” and reads; “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.” The Supreme Court ruled that Congress cannot and should not conduct foreign affairs; that power rests in the Executive Branch exclusively.
In the 1936 Supreme Court case, United States v. Curtiss-Wright Export Corp, the Court held that “all ability to conduct foreign policy is vested in the President. It is given implicitly and by the fact that the executive, by its very nature, is empowered to conduct foreign affairs in a way that Congress cannot and should not. The Republicans cannot, accept that yes, “all ability to conduct foreign policy is vested in the President;” regardless of the fact he is an African American man or that Republicans’ allegiance is to a foreign power; in this case Israel.
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