The Wall Street Journal thinks so. Robert Turner in an article today (subscription required) explains how Nancy Pelosi violate the Logan Act:
President John Adams requested the statute after a Pennsylvania pacifist named George Logan traveled to France in 1798 to assure the French government that the American people favored peace in the undeclared "Quasi War" being fought on the high seas between the two countries. In proposing the law, Rep. Roger Griswold of Connecticut explained that the object was, as recorded in the Annals of Congress, "to punish a crime which goes to the destruction of the executive power of the government. He meant that description of crime which arises from an interference of individual citizens in the negotiations of our executive with foreign governments."
The debate on this bill ran nearly 150 pages in the Annals. On Jan. 16, 1799, Rep. Isaac Parker of Massachusetts explained, "the people of the United States have given to the executive department the power to negotiate with foreign governments, and to carry on all foreign relations, and that it is therefore an usurpation of that power for an individual to undertake to correspond with any foreign power on any dispute between the two governments, or for any state government, or any other department of the general government, to do it."Griswold and Parker were Federalists who believed in strong executive power. But consider this statement by Albert Gallatin, the future Secretary of the Treasury under President Thomas Jefferson, who was wary of centralized government: "it would be extremely improper for a member of this House to enter into any correspondence with the French Republic . . . As we are not at war with France, an offence of this kind would not be high treason, yet it would be as criminal an act, as if we were at war . . . ." Indeed, the offense is greater when the usurpation of the president's constitutional authority is done by a member of the legislature -- all the more so by a Speaker of the House -- because it violates not just statutory law but constitutes a usurpation of the powers of a separate branch and a breach of the oath of office Ms. Pelosi took to support the Constitution.
The Supreme Court has spoken clearly on this aspect of the separation of powers. In Marbury v. Madison, Chief Justice John Marshall used the president's authority over the Department of State as an illustration of those "important political powers" that, "being entrusted to the executive, the decision of the executive is conclusive." And in the landmark 1936 Curtiss-Wright case, the Supreme Court reaffirmed: "Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it."
Ms. Pelosi and her Congressional entourage spoke to President Assad on various issues, among other things saying, "We came in friendship, hope, and determined that the road to Damascus is a road to peace." She is certainly not the first member of Congress -- of either party -- to engage in this sort of behavior, but her position as a national leader, the wartime circumstances, the opposition to the trip from the White House, and the character of the regime she has chosen to approach make her behavior particularly inappropriate.
As Mr. Turner writes in his first paragraph, President Bush won't touch this extremely political issue, but he suggests that perhaps Patrick Fitzgerald needs to step in. That won't happen. Even though Speaker Pelosi won't be tried in a court of law, she should be tried in the court of pubic opinion. Unfortunately, though, I suspect most of the American people either didn't pay any attention to Mrs. Pelosi's trip or, if they did pay attention, they just didn't care that she completely overstepped her bounds. I think the American people are too busy enjoying their bread and circuses to care that the Democrats are trying to marginalize President Bush and take over the government in their quest for complete power.
Comments (164)
You can get free access to ... (Below threshold)1. Posted by David Ridgewood | April 6, 2007 8:49 AM | Score: 0 (0 votes cast)
You can get free access to that WSJ article with a netpass from www.congoo.com
1. Posted by David Ridgewood | April 6, 2007 8:49 AM |
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Posted on April 6, 2007 08:49
2. Posted by FreedmFtr | April 6, 2007 9:03 AM | Score: 0 (0 votes cast)
" I think the American people are too busy enjoying their bread and circuses"
While I'm sure we all certainly appreciate your patronizong tone, suppose just for a second that the drooling unwashed masses ARE paying attention and see this president as one who NEEDS to be marginalized because his incompetence is a danger to our nation's vital interests.
I don't suppose that notion would appear sane in the realm of the true believers but what the hell.
2. Posted by FreedmFtr | April 6, 2007 9:03 AM |
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Posted on April 6, 2007 09:03
3. Posted by DoninFla | April 6, 2007 9:06 AM | Score: 0 (0 votes cast)
"It's all Bush's FAULT!!!!!"
/blog vultures
3. Posted by DoninFla | April 6, 2007 9:06 AM |
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Posted on April 6, 2007 09:06
4. Posted by drjohn | April 6, 2007 9:08 AM | Score: 0 (0 votes cast)
IMPEACH
IMPEACH
IMPEACH
4. Posted by drjohn | April 6, 2007 9:08 AM |
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Posted on April 6, 2007 09:08
5. Posted by drjohn | April 6, 2007 9:11 AM | Score: 0 (0 votes cast)
While I'm sure we all certainly appreciate your patronizong tone, suppose just for a second that the drooling unwashed masses ARE paying attention and see this president as one who NEEDS to be marginalized because his incompetence is a danger to our nation's vital interests.
I don't suppose that notion would appear sane in the realm of the true believers but what the hell.
So, to be clear- we can do away with the Constitution because Democrats have an opposing view of the world?
5. Posted by drjohn | April 6, 2007 9:11 AM |
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Posted on April 6, 2007 09:11
6. Posted by Freedmftr | April 6, 2007 9:25 AM | Score: 0 (0 votes cast)
"So, to be clear- we can do away with the Constitution because Democrats have an opposing view of the world"
To reference a post from earlier this morning:
r-e-c-i-p-r-o-c-i-t-y
Your leader has been wiping his feet with your beloved Constitution for years now without protest from people like you. You suddenly find your moral compass when the shoe's on the other foot.
6. Posted by Freedmftr | April 6, 2007 9:25 AM |
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Posted on April 6, 2007 09:25
7. Posted by Taltos | April 6, 2007 9:33 AM | Score: 0 (0 votes cast)
Your leader has been wiping his feet with your beloved Constitution for years now without protest from people like you. You suddenly find your moral compass when the shoe's on the other foot.
Examples please. Mind you that the patriot act that the lefties hate so much was congresses doing and prisoners from another country being kept outside the United States don't have constitutional rights.
7. Posted by Taltos | April 6, 2007 9:33 AM |
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Posted on April 6, 2007 09:33
8. Posted by kim | April 6, 2007 9:36 AM | Score: 0 (0 votes cast)
What really frustrates the left is the unconscionable probity of this administration.
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8. Posted by kim | April 6, 2007 9:36 AM |
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Posted on April 6, 2007 09:36
9. Posted by jpm100 | April 6, 2007 9:46 AM | Score: 0 (0 votes cast)
They won't name them, then we can debunk them.
Like the wiretapping for example. Bush didn't do anything that wasn't done under the previous administration. The only difference was the qantity, which after an attack that killed 3000 people wouldn't be surprising. And much of that increase was aimed at calls between two international points routed through the US.
9. Posted by jpm100 | April 6, 2007 9:46 AM |
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Posted on April 6, 2007 09:46
10. Posted by _Mike_ | April 6, 2007 9:52 AM | Score: 0 (0 votes cast)
Your leader has been wiping his feet with your beloved Constitution for years now without protest from people like you. You suddenly find your moral compass when the shoe's on the other foot.
Put me on the list as another that like to see specifics on that to which you're referring.
Even if you think that the Patriot Act violates your Constitution rights somehow, it at a minimum adheres to the rule of law (i.e. there's a legal basis for any action PLUS the law has a sunset clause). Ms. Pelosi had no such legal basis for violating the Logan Act and as such simply sets a precedent which has no sunset... meaning that it opens the door for others to do as she has and permanently weakens then Executive branch of government.
10. Posted by _Mike_ | April 6, 2007 9:52 AM |
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Posted on April 6, 2007 09:52
11. Posted by Marla | April 6, 2007 9:58 AM | Score: 0 (0 votes cast)
THANK-YOU. Somebody said what I've been thinking since this incident occured. Can anyone say TREASON anymore?? And yes, that what I think this is. Also Kim, kudos on the American people being too self-absorbed as a whole to even notice the political arena. One of my pet peeves.
Arg.
11. Posted by Marla | April 6, 2007 9:58 AM |
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Posted on April 6, 2007 09:58
12. Posted by Matt | April 6, 2007 9:58 AM | Score: 0 (0 votes cast)
The Logan act has been violated so many times, by so many people, it could of been written by Anna Nicole Smith. I don't recall any administration taking it seriously since it was signed into law.
Nobody cares about Pelosi committing because she is a high ranking politician and the public has become hardened to them committing felonies.
Bread and Circuses. Can't eat the bread, to many carbs, can't go to the circus, PETA might get me.
12. Posted by Matt | April 6, 2007 9:58 AM |
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Posted on April 6, 2007 09:58
13. Posted by drjohn | April 6, 2007 10:09 AM | Score: 0 (0 votes cast)
One of the things that continually amuses is the constant whine of the left about loss of freedoms and rights under this administration.
Try to find a single one of those liberals in jail somewhere.
Amazing how the left can scream bushoilchimpymchitlerburton without retribution and scream oppression at the same time.
The left is incomprehensibly stupid.
13. Posted by drjohn | April 6, 2007 10:09 AM |
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Posted on April 6, 2007 10:09
14. Posted by mantis | April 6, 2007 10:10 AM | Score: 0 (0 votes cast)
Sorry, you'd have to get a different prosecutor than Fitzgerald. That partisan hack is back here in Chicago....prosecuting Democrats.
14. Posted by mantis | April 6, 2007 10:10 AM |
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Posted on April 6, 2007 10:10
15. Posted by marc | April 6, 2007 10:15 AM | Score: 0 (0 votes cast)
Here is an exampleof the problems Pelosi's exploits hace caused:
This from a Saudi editorial
"U.S. House Speaker Nancy Pelosi reminds us of the ambitious office worker surrounded by dunderheads who can't or won't get the job done. So she rolls up her sleeves and says for all the world to hear: 'Well, it looks like I'll have to do it myself.'
And note the pic of Pelosi without a head scarf. The vast majority (99.9% I'd guess from experience) of Saudi women wear them.
I'd love to ask her why she chose to wear one in Syria and not, at least for this photo, in Saudi Arabia.
15. Posted by marc | April 6, 2007 10:15 AM |
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Posted on April 6, 2007 10:15
16. Posted by Lowkey | April 6, 2007 10:17 AM | Score: 0 (0 votes cast)
Nothing will come of Pelosis' talks in the Middle East. Just like nothing was done about Teddy Kennedy attempting to undermine the Reagan adminstration during the cold war by meeting with Russia and promising "cooperation" to side step american policy.
Lowkey
16. Posted by Lowkey | April 6, 2007 10:17 AM |
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Posted on April 6, 2007 10:17
17. Posted by MyPetGloat | April 6, 2007 10:18 AM | Score: 0 (0 votes cast)
Yawn. The Wall Street Journal also thought the Clintons commited murder and dealt coccaine. Somehow the lack of indictiment for either didn't seem to reinforce the Journal's assertions to well.
"Unfortunately, though, I suspect most of the American people either didn't pay any attention to Mrs. Pelosi's trip or, if they did pay attention, they just didn't care that she completely overstepped her bounds.
On the contrary, those of us who know how to read are paying attention to EVERY diplomatic mission made to Syria in the past few weeks. Not just the one where someones head attire causes a stir.
Meaning still, no reubttal from the Wizkids over trips to made by Aderholt (R-AL), Wolf (R-VA) and most recently, Issa (R-CA).
Ah, forgive me. Bush really went out of his way (while on his record setting 347th vacation day) to criticize Issa through White House spokesman Gordon Johndroe who said Bush doesn't "think this is helpful."
Now thats a profile in courage.
17. Posted by MyPetGloat | April 6, 2007 10:18 AM |
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Posted on April 6, 2007 10:18
18. Posted by marc | April 6, 2007 10:32 AM | Score: 0 (0 votes cast)
MPG:
Now thats a profile in courage.
I think if you look around here you will find critics of the republicans in Syria as well. Did it rise to the level of Pelosi's trip?
No.
But none of the others in the traveling delegation are second in line to the Presidency either. In addition they didn't have a dem (Lantos) say specifically say she was in Syria to offer an "different" diplomatic effort than that of the President.
As a side note Gov Richardson (D) will be in Asia kick-starting the 6 party talks on N. Korea with the full blessing of Bush.
18. Posted by marc | April 6, 2007 10:32 AM |
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Posted on April 6, 2007 10:32
19. Posted by mantis | April 6, 2007 10:44 AM | Score: 0 (0 votes cast)
I'd love to ask her why she chose to wear one in Syria and not, at least for this photo, in Saudi Arabia.
Because she was touring a mosque in Syria when those photos were taken. She, like the Secretary of State and First Lady, shows respect for her hosts' customs concerning their houses of worship, whether that be at the Vatican, a synagogue, or a mosque.
Focus on the foreign policy/Logan Act debate, the scarf thing is much ado about nothing.
"Why, he is the prince's jester: a very dull fool;
Only his gift is in devising impossible slanders..."
19. Posted by mantis | April 6, 2007 10:44 AM |
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Posted on April 6, 2007 10:44
20. Posted by kim | April 6, 2007 10:46 AM | Score: 0 (0 votes cast)
mantis, that's 'cuz Fitz is excellent at tearing up criminal conspiracies. It's when he's pointed where there ain't one that he screws up.
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20. Posted by kim | April 6, 2007 10:46 AM |
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Posted on April 6, 2007 10:46
21. Posted by MyPetGloat | April 6, 2007 10:51 AM | Score: 0 (0 votes cast)
"Did it rise to the level of Pelosi's trip?
No"
Oh you're right. Syria was just a fuel stop or a layover for these guys, right?
21. Posted by MyPetGloat | April 6, 2007 10:51 AM |
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Posted on April 6, 2007 10:51
22. Posted by jhow66 | April 6, 2007 10:54 AM | Score: 0 (0 votes cast)
Mantis: we are sorry that your buddy Fitz did not get to "frog march" Rove out of the WH. LOL Did you notice how "happy" Rove was at the party over it?
You know you hear all this "majority" of people are against this or that but try this--go out on the street and ask who Peeloser or Chenney are-80% don't even know who you are talking about-close to 90% cannot even pick out where Iraq is on a map. As the saying goes -polls are-----.
22. Posted by jhow66 | April 6, 2007 10:54 AM |
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Posted on April 6, 2007 10:54
23. Posted by mantis | April 6, 2007 11:00 AM | Score: 0 (0 votes cast)
we are sorry that your buddy Fitz did not get to "frog march" Rove out of the WH.
You're sorry? Why? Fitzgerald didn't uncover any criminal activity involving Rove. Btw if you can find an instance of me accusing Rove of anything or suggesting he be "frog marched" anywhere I'll give you a dollar. My point was that all of the attempts to paint Fitzgerald as some sort of partisan operative were entirely baseless.
I don't know how to respond to your rant about polls; it seems directed at me but has nothing to do with what I wrote. Try breaking the pills in half next time.
23. Posted by mantis | April 6, 2007 11:00 AM |
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Posted on April 6, 2007 11:00
24. Posted by kim | April 6, 2007 11:01 AM | Score: 0 (0 votes cast)
MPG, have any of these other people made as big a fool of themselves as she has?
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24. Posted by kim | April 6, 2007 11:01 AM |
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Posted on April 6, 2007 11:01
25. Posted by kim | April 6, 2007 11:02 AM | Score: 0 (0 votes cast)
Fitz was certainly partisan against the White House. He imagined a criminal conspiracy there to out Plame when the evidence was all against it.
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25. Posted by kim | April 6, 2007 11:02 AM |
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Posted on April 6, 2007 11:02
26. Posted by Scrapiron | April 6, 2007 11:08 AM | Score: 0 (0 votes cast)
The left wing democrats have been screaming 'impeach' for a non crime of one type or another since before President Bush took office. Now if the excuse we have for an attorney general doesn't arrest Peeeeloshi and her party (including the RINO's) and put them on trial for treason (a felony openly committed) the democrats (few that are left when you deduct the communist and socialist) have an air tight case for impeachment. Failure/refusal to do his primary job of enforcing the laws of the constitution. Even I will support impeachment the day Peeeeloshit and crowd report to Federal Prison for execution or life without parole, and the charges were brought by the public or congress and not the attorney general. Maybe Fitzfong would like another case where a crime was actually committed. What could he do if he wasn't playing politics with a flameout?
26. Posted by Scrapiron | April 6, 2007 11:08 AM |
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Posted on April 6, 2007 11:08
27. Posted by BarneyG2000 | April 6, 2007 11:08 AM | Score: 0 (0 votes cast)
"I'd love to ask her why she chose to wear one in Syria and not, at least for this photo, in Saudi Arabia."
Since this is the holy week, how about when the Pope took off his shoes when he visited the Blue Mosque in Turkey?
If the Pope, whom is infallible, believes it is appropriate to adhere to Muslim customs when visiting a Mosque, how can you criticize the Speaker?
Happy Crucifixion Day
27. Posted by BarneyG2000 | April 6, 2007 11:08 AM |
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Posted on April 6, 2007 11:08
28. Posted by mantis | April 6, 2007 11:11 AM | Score: 0 (0 votes cast)
Fitz was certainly partisan against the White House. He imagined a criminal conspiracy there to out Plame when the evidence was all against it.
He was tasked by Justice to investigate allegations, which he did thoroughly. I'm sure you think he should have wrapped the investigation when he found out about Armitage, but considering the number of lips flapping to the press from different corners, he would have been leaving the investigation very incomplete had he done so.
28. Posted by mantis | April 6, 2007 11:11 AM |
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Posted on April 6, 2007 11:11
29. Posted by marc | April 6, 2007 11:17 AM | Score: 0 (0 votes cast)
Mantis:
Because she was touring a mosque in Syria when those photos were taken. She, like the Secretary of State and First Lady, shows respect for her hosts' customs concerning their houses of worship, whether that be at the Vatican, a synagogue, or a mosque.
You're clueless, women wear headscarves at all times in all places in Saudi Arabia.
29. Posted by marc | April 6, 2007 11:17 AM |
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Posted on April 6, 2007 11:17
30. Posted by kim | April 6, 2007 11:23 AM | Score: 0 (0 votes cast)
So what did he find, pray tell, mantis?
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30. Posted by kim | April 6, 2007 11:23 AM |
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Posted on April 6, 2007 11:23
31. Posted by kim | April 6, 2007 11:26 AM | Score: 0 (0 votes cast)
He certainly didn't find a criminal conspiracy to out Plame, now, did he?
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31. Posted by kim | April 6, 2007 11:26 AM |
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Posted on April 6, 2007 11:26
32. Posted by mantis | April 6, 2007 11:27 AM | Score: 0 (0 votes cast)
You're clueless, women wear headscarves at all times in all places in Saudi Arabia.
I'm aware of that, jackass. The point is that female diplomatic visitors will cover their heads when entering holy places, not that they will adhere to all local customs of dress. By your rationale a female visitor to India should not only remove her shoes when entering a Hindu mandir, but must also wear a sari during her entire stay in the country.
When I have visited synagogues in the past I have worn a yarmulke out of respect and custom. If I were to go to Israel I would do the same in any temples there. That does not mean I would adhere to all of the daily customs of orthodox Jews. I'm sure you understand the difference, but you'd rather play the prince's jester.
32. Posted by mantis | April 6, 2007 11:27 AM |
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Posted on April 6, 2007 11:27
33. Posted by kim | April 6, 2007 11:29 AM | Score: 0 (0 votes cast)
Like I say, Fitz is excellent at rolling up criminal conspiracies, but what he did instead in the Plame case is suborn Russert's perjury in pursuance of a partisan hatchet job on the White House.
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33. Posted by kim | April 6, 2007 11:29 AM |
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Posted on April 6, 2007 11:29
34. Posted by mantis | April 6, 2007 11:29 AM | Score: 0 (0 votes cast)
He certainly didn't find a criminal conspiracy to out Plame, now, did he?
I think we can safely assume he did not find sufficient evidence of a criminal conspiracy to prosecute, if any at all. The question is, how would he know it wasn't there without investigating?
34. Posted by mantis | April 6, 2007 11:29 AM |
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Posted on April 6, 2007 11:29
35. Posted by kim | April 6, 2007 11:31 AM | Score: 0 (0 votes cast)
No, Fitz is the jackass.
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35. Posted by kim | April 6, 2007 11:31 AM |
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Posted on April 6, 2007 11:31
36. Posted by jpm100 | April 6, 2007 11:32 AM | Score: 0 (0 votes cast)
BarneyG2000
As far are you ignorance about Papal infallibility. It's been invoked about 1/2 dozen times on mostly cosmological doctrine like Immaculate conception. Which for your further edification has nothing to do with Jesus' conception.
36. Posted by jpm100 | April 6, 2007 11:32 AM |
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