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onenote

(45,454 posts)
16. 18 USC 2384 "Private Correspondence With Foreign Governments"
Wed Mar 11, 2015, 11:39 PM
Mar 2015

That's the formal title of the Logan Act.

See the word "private"?

An open letter? Not so private. Which is important because public speech is generally protected by the First Amendment.

Think about it for a second. If the members of Congress had stood up on the floor of the Senate and read the letter, and it was published in the Congressional Record, would it be considered a Logan Act violation? Of course not.

There has never been a conviction under the Logan Act. And this case if it was brought, which it won't be, wouldn't be the first.

Finally, how exactly could the Democrats strip the gang of 47 of their privileges? The last time I checked, the Republicans controlled the Senate. Expelling 47 Senators -- well, that's going to be hard since it takes a 2/3 vote and until their expelled, the 47 are still Senator and still get to vote.

Look, we're all rightly pissed at the repubs stunt and it certainly hasn't been anything positive for them. But emulating their stupidity by overreaching and ignoring statutory language, two centuries of precedent, and the rules of the Senate isn't the path to be advocating.

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