Kerry's Legal Troubles: Breaking The Law?

On May 9, 2019, former US Secretary of State John Kerry was accused by President Donald Trump of violating the Logan Act, a federal law that criminalizes negotiation by unauthorized persons with foreign governments that have a dispute with the United States. Trump alleged that Kerry had undermined his administration's efforts with Iran by participating in calls and meetings with the Iranian government. Kerry denied the accusation, stating that he had not met with Iranians since the US pulled out of the Iran nuclear deal in 2018. This incident raises questions about the legality of Kerry's actions and the implications for US foreign policy.

John Kerry's alleged violation of the Logan Act

John Kerry, the former Secretary of State to President Obama, has been accused of violating the Logan Act by meeting with Iranian officials on multiple occasions. Kerry has admitted to meeting with Iranian Foreign Minister Javad Zarif "three or four times" during the Trump Administration, using encrypted messaging applications such as Signal, WhatsApp, or Telegram. These meetings took place in Norway, Germany, and at the United Nations headquarters.

The Logan Act, established in 1799, makes it a felony for individuals who are not authorized by the US government to negotiate with foreign governments that have disputes with the US. Specifically, the Act 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 has denied violating the Logan Act, claiming that he had not met with Iranians since the US pulled out of the Iran nuclear deal in 2018. He also denied that he ever discouraged the Iranians from talking to Trump, instead urging everyone on all sides to use diplomacy.

Despite the accusations, it is important to note that no person has ever been found guilty of violating the Logan Act since it was passed in 1799. There have been two indictments, in 1802 and 1852, but neither resulted in a conviction.

In conclusion, while John Kerry has been accused of violating the Logan Act, the legal status of his meetings with Iranian officials is unclear and there has been no indication that any formal charges will be brought against him.

Kerry's conversations with Iran

In 2018, Kerry was accused by President Donald Trump of violating the Logan Act by taking part in negotiations with the Iranian government. The Logan Act, established in 1799, makes it a felony for individuals who are not authorized by the US government to negotiate with foreign governments that have disputes with the US.

Kerry, who served as secretary of state under President Barack Obama, was accused of undermining the Trump administration's efforts with Iran by participating in calls and meetings with the Iranian government. Trump alleged that Kerry had advised Iran to wait out his administration and not call him.

Kerry denied the accusations, stating that he had not met with Iranians since the US pulled out of the Iran nuclear deal in 2018. He also denied ever discouraging the Iranians from talking to Trump, instead urging everyone on all sides to use diplomacy.

Kerry's spokesperson, Matt Summers, also denied the allegations, stating that Kerry had helped negotiate a nuclear agreement that solved an intractable problem and was supported by the world. He further added that it is common for former secretaries of state and diplomats to stay in touch with their counterparts worldwide.

Kerry himself acknowledged that he had met with Iranian Foreign Minister Javad Zarif "three or four" times since leaving office to discuss the Iran nuclear deal and other issues. He claimed that he was trying to elicit Iran's willingness to change the dynamic in the Middle East for the better.

In 2021, Kerry faced further backlash over his conversations with foreign officials, including Zarif. Leaked audio revealed that Kerry disclosed details about Israel's covert bombing campaign against Iran-backed militias in Syria to Zarif. Kerry denied the accusations, stating that he never made such disclosures and that the accusations were "unequivocally false."

The controversy surrounding Kerry's conversations with Iran highlights the ongoing debate about the role of former government officials in international diplomacy and the potential legal implications of their actions.

Trump's accusation of Kerry undermining the current administration's efforts with Iran

On May 9, 2019, President Donald Trump accused former Secretary of State John Kerry of violating the Logan Act, a federal law enacted in 1799 that makes it a felony for unauthorized individuals to negotiate with foreign governments in dispute with the US. Trump claimed that Kerry, who served under the Obama administration, was "undermining the current administration's efforts with Iran" by participating in calls and meetings with the Iranian government. Trump specifically alleged that Kerry was telling Iran "not to call" and instructing them on what to do, which Trump argued was a violation of the Logan Act.

Kerry and his aides promptly denied the accusation, with Kerry's spokesman, Matt Summers, stating that Trump's claim was "simply wrong, end of story." Summers further asserted that Kerry had helped negotiate a nuclear agreement with Iran that solved an intractable problem and enjoyed international support. He criticized Trump for attacking his predecessors instead of focusing on solving foreign policy issues.

The accusation by Trump is not an isolated incident. In April 2019, he tweeted about Kerry, stating: "Iran is being given VERY BAD advice by @JohnKerry and people who helped him lead the U.S. into the very bad Iran Nuclear Deal. Big violation of Logan Act?" Additionally, in September 2018, Secretary of State Mike Pompeo clashed with Kerry over a meeting the latter had with Iranian officials, including Iranian Foreign Minister Javad Zarif. Pompeo alleged that these meetings were "beyond inappropriate" and undermined US foreign policy.

The controversy surrounding Kerry's interactions with Iran continued into 2021, when a leaked recording of Iranian Foreign Minister Zarif suggested that Kerry might have disclosed sensitive information, including covert Israeli actions against Iranian interests in Syria. This prompted calls for an investigation by Senate Republicans, who urged President Joe Biden to suspend Kerry's access to classified information until the matter was resolved.

Despite the accusations and political feuds, it is important to note that no one has ever been convicted of violating the Logan Act, and it is common for former diplomats and secretaries of state to maintain international connections and engage in discussions with foreign counterparts.

Kerry's denial of Trump's accusation

On May 9, 2019, former Secretary of State John Kerry denied President Donald Trump's accusation that he was violating the Logan Act by taking part in negotiations with Iran's government. Trump alleged that Kerry, who served under the Obama administration, was undermining his government's efforts with Iran by participating in calls and meetings with the Iranian government.

Kerry's spokesperson, Matt Summers, denied the accusation, stating that Trump's claim was "simply wrong, end of story." He further added that Trump was "wrong about the facts, wrong about the law, and sadly he's been wrong about how to use diplomacy to keep America safe."

Kerry himself also dismissed the allegations, stating that he had briefed the State Department about his discussions with Iranian Foreign Minister Javad Zarif. He also pointed out that it is common for former secretaries of state and diplomats to stay in touch with their counterparts worldwide. Kerry had played a key role in negotiating the nuclear deal between the US and Iran during the Obama administration, a deal that Trump pulled out of in 2018.

Kerry's denial was supported by a source close to him, who said that Kerry hadn't talked with Iranian officials since Trump announced the US withdrawal from the Iran deal. The source also denied that Kerry had discouraged the Iranians from talking to Trump, instead urging everyone on all sides to talk and use diplomacy.

The Logan Act, enacted in 1799, is a federal law that criminalizes negotiation by unauthorized persons with foreign governments having disputes with the US. While Kerry's meetings with Iranian officials may have been controversial, it is important to note that no one has ever been convicted of violating the Logan Act.

Kerry's spokesperson's response to Trump's accusation

On Thursday, May 9, 2019, President Donald Trump accused former Secretary of State John Kerry of violating the Logan Act—a law that makes it a felony for individuals who are not authorised by the US government to negotiate with foreign governments with disputes against the US. Trump claimed that Kerry had taken part in negotiations with the Iranian government, which had recently announced it would reduce its commitments under the 2015 nuclear deal that the Trump administration withdrew from in 2018.

In response, Kerry's spokesperson, Matt Summers, said:

> "Everything President Trump said today is simply wrong, end of story. He's wrong about the facts, wrong about the law, and sadly he's been wrong about how to use diplomacy to keep America safe. Secretary Kerry helped negotiate a nuclear agreement that worked to solve an intractable problem. The world supported it then and supports it still. We'd hope the president would focus on solving foreign policy problems for America instead of attacking his predecessors for theatre."

A source close to the former secretary of state claimed that Kerry had not spoken with Iranian officials since Trump announced the US was withdrawing from the Iran deal in 2018. Prior to the withdrawal, Kerry did communicate with the Iranians to urge them to stay in the deal. The source also denied that Kerry had ever discouraged the Iranians from talking to Trump, instead urging everyone on all sides to talk and engage in diplomacy.

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