GOP Delegation Violates the Logan Act : Are Republicans Breaking US Law in Honduras?

[Judi Lynn]

October 7, 2009

GOP Delegation Violates the Logan Act
Are Republicans Breaking US Law in Honduras?
By BRENDAN COONEY

As if the right needed to add to its anti-democratic pedigree, Republican leaders have flocked to Tegucigalpa to bolster the junta in Honduras.

Nine Congressional Republicans – including seven in the past week as the crisis heats up -- have now met with Roberto Micheletti, who took power after a military coup June 28.

This is a coup that has been denounced by everyone from the Organization of American States to the United Nations, which passed a resolution calling “categorically on all states to recognise no government other than that” of the elected president, Manuel Zelaya. No state has recognized Micheletti as president.

But U.S. Republicans have.

“He is the president of Honduras,” said Rep. Ileana Ros-Lehtinen, the ranking Republican on the House Foreign Affairs Committee, on Monday. “Some people tell me 'de facto' government, but under the Constitution of the Republic I am seated here with the president of this country and it’s a great honor.”

Leading us further down the rabbit hole is South Carolina Senator Jim DeMint, a member of the Foreign Relations committee, who visited Micheletti and his backers Oct. 2: “We saw a government working hard to follow the rule of law, uphold its constitution, and to protect democracy for the people of Honduras.”

Consistent with every other country, from Venezuela on the left to Colombia on the right, U.S. President Barack Obama’s policy has been to not recognize or meet with Micheletti.

Since contact with Micheletti is in direct conflict with stated U.S. interests, these nine Republicans, as well as Senate Minority Leader Mitch McConnell, who has aided them, seem to have broken U.S. law. The Logan Act says that anyone who without government authorization “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.”

More:
http://www.counterpunch.org/cooney10072009.html

[Braulio]

1. Is Logan Act Constitutional?

This is from encyclopedia.com

"The language of the act appears to encompass almost every communication between a U.S. citizen and a foreign government considered an attempt to influence negotiations between their two countries. Because the language is so broad in scope, legal scholars and judges have suggested that the Logan Act is unconstitutional. Historically, the act has been used more as a threat to those engaged in various political activities than as a weapon for prosecution. In fact, Logan Act violations have been discussed in almost every administration without any serious attempt at enforcement, and to date there have been no convictions and only one recorded indictment."

During the Bush administration democrats were accused by right wing groups of violating the Logan act. Barak Obama and Nancy Pelosi were mentioned quite a bit.

It would seem this threat is fairly stale, overused in the blogs, and never prosecuted by the government.

[Peace Patriot]

2. "...a government working hard to follow the rule of law...". LOL!

Said government had just suspended the rule of law, the Constitution and all civil rights--just the sort of place DeMint & brethren would love!

Micheletti is as much the president of Honduras as DeMint is the president of the U.S.

Not.

That isn't to say we couldn't have such a coup here, with Demented getting Diebolded (or, rather, ES&S-ed) into the White House. In my opinion, in truth, we just got over a junta of the un-elected. (Wake up, friends, and smell the 'TRADE SECRET' code in all our voting machines, owned and controlled now mostly by a corporation with hair-raising far rightwing connections, and with virtually no audit/recouunt controls. It can happen here again).

As for DeMint breaking the law by openly sabotaging Obama policy, laws don't matter to fascists--as the Honduran junta has shown us once again. They are scofflaws, criminals and traitors, and, the bigger they get, the more scoffing of the law, criminal, treasonous and immunized do they become.

DeMint is just following in the footsteps of Bush, Cheney and Rumsfeld.

[Braulio]

3. Rule of Law is missing everywhere

I don't think there's much respect for the rule of law by the US government. But then, neither does the UK, nor Cuba, nor Russia, nor Venezuela, nor Israel, etc etc. The only country I'll give the beneefit of the doubt is Norway.

I like to criticize the US government in particular. Both Bush dad and son, and Clinton can be considered war criminals. And I bet Obama will soon enter their class.