Jimmy Carter and the Logan Act: Can he be prosecuted?

This post is an aside. A discussion I had last night with a chatter didn't quite get out of hand (except for what I perceived as a lecture by them about their opinion regarding this issue), but it got to the point where I simply quit answering them because they weren't listening to me. And this goes to a subject that has been discussed by more than a couple pundits regarding Jimmy Carter's recent meeting with Hamas leaders in Syria.

Many want the man prosecuted for his actions, claiming he had no right to talk to Hamas. They also claim that he can be prosecuted under the Logan Act, which prevents citizens from interfering in the foreign relations of the United States. While I appreciate their passion, they're simply wrong. Carter can't be prosecuted under the Logan Act. Let me explain, but let's take a look at the Logan Act, as it stands today:

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.

This section shall not abridge the right of a citizen to apply himself, or his agent, to any foreign government, or the agents thereof, for redress of any injury which he may have sustained from such government or any of its agents or subjects.

Now, take a look at that bolded section above. It's quite clear as to what constitutes a breach of the Logan Act. No citizen may engage in talks or correspondence with a foreign government in an attempt to influence it with regard to it's relations with the United States.

Hamas isn't a foreign government. They're a militant organization under the auspice of the Palestinian Authority. Late last year, Hamas and Fatah clashed, fighting over control of the PA. They did eventually reach an agreement, but Mahmoud Abbas, the leader of the PA, didn't recognize either's claim to the political power of the PA. Neither did Israel. No one, in fact, recognized either Hamas' or Fatah's claim that they were in control of the PA. They weren't a government, therefore, Carter could meet with them.

It should also be noted that while the State Department did tell him twice that they didn't stand behind his decision, and in fact, they asked him not to go, they didn't prevent him from going. they didn't tell him that he couldn't go, and neither did the White House. Likewise, Israel asked him not to meet with Hamas leaders, and only banned him from having the meeting in Israel itself. But neither we nor the Israelis actively tried to prevent him from going. This is much like the State Department's request of Nancy Pelosi to not meet with Bashar Assad last year. She wasn't prevented, but the opinion of the State Department was well known.

Was it a dumb idea? Yes. Did he do it because he wanted to undermine US/Palestinian relations? No, because he couldn't deliver on any promises or agreements he might have made. He's not the current president. He's a former president. His word is as worthless as his Habitat for Humanities homes. Should he have made the trip? No. Can we do anything to prevent this from happening again? Sure. We can call up the State Department, and join Representative Sue Myrick's (R-NC) call to revoke his passport so he can't do this again. Will it work? Who knows? Probably not, but that doesn't mean it's not worth the try. Here's the main switchboard number for the State Department -- 202-647-4000. Give them a ring, and see what they say. You can e-mail them a question or comment here.

I don't condone what Jimmy Carter did. However I don't think jumping off the deep end is the right idea. Had he actually committed a crime, I'd be standing behind whoever in State called for his prosecution. But if someone were to bring up charges against him under the Logan Act, I'd expect whatever judge it goes before to throw the case out. Many nations around the globe classify Hamas as an organization, not a government. Even the EU calls it a "terrorist entity." (And that's a stretch for the Euros who seem to have a problem with cut-and-dry, black-and-white definitions.)

Believe me, there is no love for Jimmy Carter on this site or in this home. We don't like him. We believe him to be the worst president this nation has had in the last thirty years; vastly surpassing Bill Clinton. But, he's a terrorist tool and a dupe -- the very definition of Yuri Annenkov's "useful idiots." As it was once opined by Maricopa County Sheriff, Joe Arpaio, "You can't prosecute stupid." And it's no secret that Jimmy Carter is about as stupid as stupid can get.

Instead of thinking about ways to prosecute him, which there are none, we should just sit back and laugh at him. He got punked by Hamas, twice, and yet still thinks he accomplished something over there. Let him claim what he wants, and slink back under his rock of irrelevancy. Frankly, folks, every time this rube rises to the surface of the fever swamp, we pop some popcorn and wait to see what he'll do to wreck even more of his paltry, terrible legacy.

Publius II