Kerry's Legal Troubles: Did He Break The Law?

John Kerry, an American attorney, politician, and diplomat, served as the 68th United States secretary of state from 2013 to 2017. In May 2018, Kerry was accused of holding secret negotiations with the Iranian government to save the Iran nuclear deal, despite no longer being in office. This led to questions about whether Kerry had broken the law, specifically in relation to the 18th-century Logan Act, which prevents American citizens from engaging in private discussions with foreign governments.

Did John Kerry break the Logan Act?

In 2018, John Kerry, former US Secretary of State under President Obama, met with Iranian officials on multiple occasions to discuss Donald Trump's exit from the Iran Nuclear Deal. Kerry admitted to meeting with Iranian officials four times after leaving office, with meetings taking place in Norway, Germany, and at the United Nations headquarters. These meetings occurred while Rex Tillerson was the Secretary of State under the Trump administration.

Kerry's actions led to accusations of violating the Logan Act, an 18th-century US federal law that criminalizes unauthorized negotiations by American citizens with foreign governments in dispute with the US. The Act was passed in 1799 following George Logan's unauthorized negotiations with France in 1798. It states that:

> "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 for not more than three years, or both."

Kerry's meetings with Iranian officials, particularly Iranian Foreign Minister Javad Zarif, sparked criticism and calls for a criminal investigation by President Trump and Republican Senator Marco Rubio. Rubio requested that the Justice Department investigate whether Kerry's actions violated the Logan Act or the Foreign Agents Registration Act (FARA).

However, Matthew Summers, a spokesman for Kerry, stated that Kerry's intent was to preserve the existing US policy towards Iran, not to destroy it. Stephen Vladeck, a law professor at the University of Texas, also argued that Kerry's actions did not violate the Logan Act as they were aimed at preserving the nuclear deal, which was a US policy at the time.

Despite the controversy, it is important to note that no person has ever been convicted of violating the Logan Act since its passage in 1799. Only two people have been indicted on charges of violating the Act, one in 1802 and the other in 1852, but neither was convicted.

Did John Kerry violate the 18th-century Logan Act?

John Kerry, the former US Secretary of State, has been accused of violating the 18th-century Logan Act by holding secret negotiations with Iran over the "nuclear deal". Kerry, who served under President Obama, met with Iranian officials on multiple occasions after leaving office to discuss Donald Trump's exit from the deal. These meetings were criticized by Mike Pompeo, who succeeded Kerry as Secretary of State under Trump, as "actively undermining" the US Federal government.

Kerry admitted to meeting with Iranian officials, including Iranian Foreign Minister Mohammad Javad Zarif, four times after leaving office, but claimed there had been no meetings since Pompeo became Secretary of State in April. These meetings took place in Norway, Germany, and at the United Nations headquarters.

The Logan Act, enacted in 1799, criminalizes unauthorized negotiations by US citizens with foreign governments with which the US has a dispute. Specifically, it prohibits any US citizen from "directly or indirectly commenc[ing] or carry[ing] 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". Violation of the Act is a felony, punishable by up to three years in prison.

The Act was passed in response to efforts by George Logan, a Philadelphia Quaker and Democratic-Republican, to negotiate directly with the French government during a period of tension between the US and France. Logan's actions were seen as undermining the policy of the Federalist Party, which controlled Congress and the White House at the time. Despite the apparent success of his mission in easing tensions, Logan's activities aroused the opposition of the Federalists, leading to the introduction and passage of the Logan Act.

Only two people have ever been indicted on charges of violating the Logan Act, one in 1802 and the other in 1852, and neither was convicted. The Act has rarely been invoked, and there has been little judicial discussion of its constitutionality. However, in the case of Kerry's meetings with Iranian officials, there was some debate over whether his actions constituted a violation.

Some, such as House Intelligence Committee chairman Devin Nunes, argued that Kerry's actions did violate the Logan Act. They pointed to the fact that Kerry was a private citizen interfering in foreign relations and advocating for an avowed US enemy. However, others, such as law professor Stephen Vladeck, disagreed, arguing that Kerry's intent was to preserve the existing US policy towards Iran rather than seeking to destroy it. Vladeck also raised constitutional concerns, suggesting that prosecutors would be dissuaded from trying a case under the Logan Act due to potential free speech issues.

Ultimately, despite calls for an investigation, Kerry was not indicted or charged with violating the Logan Act.

Did John Kerry break the law by using backchannel diplomacy?

John Kerry, an American attorney, politician and diplomat, has been accused of breaking the law by using backchannel diplomacy. In 2018, Kerry, who was then the US Special Presidential Envoy for Climate, was accused of engaging in "shadow diplomacy" with Iran during the Trump administration. Five GOP lawmakers led by Rep. Mike Waltz of Florida, sent a letter to the State Department, demanding that Kerry hand over all records of his "private correspondence" with former Iranian foreign minister, Javad Zarif. They argued that Kerry's actions may have violated the federal Logan Act, which prohibits citizens from unauthorized correspondence with foreign governments to influence that government's relations or resolve disputes with the US.

Kerry admitted to meeting with Zarif "three or four times" since leaving his post as President Obama's secretary of state, and claimed that he was trying to elicit information from him about Iran's potential actions in the Middle East. However, critics argue that Kerry was overstepping his role as a private citizen and interfering in the current administration's foreign policy.

Kerry's actions have sparked debate about the applicability and enforcement of the Logan Act. While some call for his prosecution, others point out that the law is rarely used and that similar accusations against former national security advisor Michael Flynn were misapplied.

Kerry's involvement in the Iran nuclear deal and his efforts to salvage it during the Trump administration have also been questioned. As one of the architects of the deal, Kerry met with Iranian officials and European leaders to discuss preserving the agreement, which Trump sought to withdraw from or significantly alter. Critics argue that Kerry's interference may have made Iran less willing to accept meaningful changes to the deal.

Kerry's actions as a private citizen and his attempts to influence US foreign policy have sparked concerns about the potential violation of the Logan Act and the implications for US interests. However, there has been no conclusive evidence or legal determination that he broke the law.

Did John Kerry break the law by negotiating with Iran?

In 2018, John Kerry, former US Secretary of State under President Barack Obama, was accused of breaking the law by negotiating with Iran. Kerry had been working to salvage the Iran nuclear deal, which placed limits on Iran's nuclear program in exchange for reduced US sanctions. However, at the time, the Trump administration was looking to change the deal or withdraw from it.

Kerry's efforts included meetings with Iranian Foreign Minister Javad Zarif and several European leaders, such as German President Frank-Walter Steinmeier and French President Emmanuel Macron. These negotiations were criticised as "shadow diplomacy" and a violation of protocol, as Kerry was a private citizen at the time and was going against the current administration's stance.

The specific legal issue centres around the 18th-century Logan Act, which prevents American citizens from engaging in private discussions with foreign governments "with intent to influence the measures or conduct of any foreign government" or "to defeat the measures of the United States." While Kerry admitted to corresponding with Zarif, he defended his actions by citing historical examples of "shadow diplomacy" that prevented wars, such as the Cuban Missile Crisis.

However, critics argue that Kerry's actions differ from these historical examples, as he was neither a member of the administration nor acting under its authorisation. They claim that Kerry undermined a sitting US president and emboldened a state sponsor of terrorism by engaging in these negotiations. As a result, some have called for Kerry to cease any backchannel communications with Iran and commit to not advising the Iranian government on evading US pressure.

While the debate continues, it is important to note that, historically, no one has ever been tried or convicted of violating the Logan Act.

Did John Kerry break the law by undermining the Trump administration?

John Kerry, a former US Secretary of State, has been accused of undermining the Trump administration's policy on Iran. Kerry, who was one of the architects of the Iran nuclear deal, met with Iranian Foreign Minister Javad Zarif several times after leaving office to discuss preserving the agreement. These actions have been described as "shadow diplomacy" and a violation of protocol, as Kerry was communicating with members of the Iranian regime without the authorisation of the current administration.

Kerry's interference may have influenced Iran's position on the deal, making them less willing to accept any meaningful changes. This could be seen as a violation of the Logan Act, an 18th-century law that prohibits American citizens from engaging in private discussions with foreign governments with the intention of influencing US measures or conduct.

However, it is important to note that meetings between private US citizens and foreign officials are not necessarily illegal or inappropriate. In his defence, Kerry cited historical instances of "shadow diplomacy" that had positive outcomes, such as back-channel conversations during the Cuban Missile Crisis.

While the legality of Kerry's actions is debated, his criticism of the Trump administration extended beyond Iran. In a commencement speech at Harvard, Kerry lambasted Trump's budget proposal and the state of public discourse, mentioning the investigation into collusion between Russia and Trump's campaign. He also warned against imposing new sanctions on Iran, which would go against the terms of the nuclear deal he had negotiated.

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