John Kerry's Legal Troubles: What Law Was Broken?

In April 2018, former US Secretary of State John Kerry met with Iranian Foreign Minister Mohammad Javad Zarif to discuss the Iran nuclear deal framework. Kerry's critics, including former President Donald Trump, accused him of violating the Logan Act, a federal law that criminalises the negotiation of a dispute between the US and a foreign government by an unauthorised American citizen.

Kerry's defenders argued that he did not break the law, as his intent was to preserve US policy, not destroy it. No charges were brought against Kerry.

Did John Kerry violate the Logan Act?

In April 2018, former US Secretary of State John Kerry met with Iranian Foreign Minister Javad Zarif to discuss the Iran nuclear deal framework. This sparked accusations from some critics that Kerry had violated the Logan Act—a US federal law that criminalizes the negotiation of a dispute between the US and a foreign government by an unauthorized American citizen.

Kerry's defenders argued that his intent was to preserve the US policy then in place, rather than seeking to destroy it. Stephen Vladeck, a law professor at the University of Texas, also noted that the Logan Act "raises serious constitutional questions that I think would dissuade even the most zealous prosecutor from trying a case under the Logan Act."

Indeed, despite the Act being passed in 1799, only two people have ever been indicted on charges of violating it, and neither was convicted. The first indictment occurred in 1803 when a grand jury charged Francis Flournoy, a Kentucky farmer who had written an article advocating for the creation of a new independent state in North America that would ally with France. The second indictment was in 1852 when Jonas Phillips Levy, an American merchant and sailor living in Mexico, urged the Mexican President in a letter to reject a US-proposed treaty that would allow a group of American businessmen to build a railway across the Isthmus of Tehuantepec.

In conclusion, while John Kerry's actions may have sparked accusations of violating the Logan Act, the lack of prosecutions under this Act, as well as the constitutional questions surrounding it, make it unlikely that he violated the law.

Did John Kerry break the law by holding secret negotiations to save the Iran nuclear deal?

John Kerry, an American attorney, politician, and diplomat, served as the 68th United States secretary of state from 2013 to 2017. During his tenure, Kerry negotiated agreements restricting Iran's nuclear program, including the 2015 Joint Comprehensive Plan of Action.

In April 2018, Kerry met with the Iranian Foreign Minister, Mohammad Javad Zarif, to ensure the Iran nuclear deal framework remained intact. Kerry "urged Iran to keep its commitments under the Iran nuclear agreement". This action led to questions about whether Kerry had broken the law by holding these secret negotiations.

The Logan Act, passed in 1799, criminalizes the negotiation of a dispute between the United States and a foreign government by an unauthorized American citizen. 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 up to three years, or both."

Kerry's actions could be seen as a violation of the Logan Act, as he was no longer a member of the U.S. government and was not authorized to negotiate on behalf of the country. However, others argue that Kerry did not break the law, as his intent was to preserve the existing U.S. policy on Iran, rather than seeking to destroy it.

The constitutionality of the Logan Act has been questioned, and there have been very few prosecutions under this law. Only two people have ever been indicted on charges of violating the Act, and neither was convicted. In addition, the Act has not been invoked in recent times, despite discussions about invoking it.

Did John Kerry violate the First Amendment?

In April 2018, former Secretary of State John Kerry met with the Iranian Foreign Minister to ensure the Iran nuclear deal framework remained more or less intact. This led to suggestions that Kerry may have violated the Logan Act, which makes it illegal for American citizens to negotiate with foreign governments in dispute with the United States without prior approval. However, Kerry's intent was to preserve the US policy then in place, rather than seeking to destroy it, and legal experts have argued that the act raises serious constitutional questions that would dissuade prosecutors from trying a case under the Logan Act.

Kerry has also been criticised for his stance on the First Amendment. In a 2013 speech, he said:

> "I'm John Kerry, and I'm reporting for duty."

Critics argued that this line was inept and that Kerry's emphasis on his Vietnam experience opened the door to attacks and shifted the national debate towards foreign policy issues, which were Bush's strengths, rather than the economic issues on which Democrats could have had more campaign success. However, in a 2024 speech, Kerry accurately explained that the First Amendment does not allow for the suppression of speech, though his wording was awkward and could be interpreted as criticising the First Amendment.

Did John Kerry commit a crime by meeting with a foreign leader?

In April 2018, former US Secretary of State John Kerry met with Iranian Foreign Minister Mohammad Javad Zarif to discuss the Iran nuclear deal framework. This meeting led to questions over whether Kerry had violated the Logan Act, a US federal law that criminalises the negotiation of a dispute between the US and a foreign government by an unauthorised American citizen.

The Logan Act was passed in 1799 following George Logan's unauthorised negotiations with France in 1798. It was amended in 1994, changing the penalty for violation from a $5,000 fine to imprisonment for up to three years. Only two people have ever been indicted on charges of violating the Act, one in 1803 and the other in 1852. Neither was convicted.

Kerry's spokesman, Matthew Summers, admitted that Kerry had "urged Iran to keep its commitments under the Iran nuclear agreement". However, Stephen Vladeck, a law professor at the University of Texas, argued that Kerry was not in violation of the Act as his intent was to preserve the US policy then in place. Vladeck also noted that the Act "raises serious constitutional questions that I think would dissuade even the most zealous prosecutor from trying a case under the Logan Act".

Former US Attorney for the Southern District of New York, Geoffrey Berman, stated that he was pressured by the Justice Department to indict Kerry for violating the Logan Act. However, the SDNY office informed the Department of Justice that it would not prosecute. The case was then sent to the office of the United States Attorney for the District of Maryland, which also declined to prosecute Kerry.

Did John Kerry break the law by meeting with the Iranian Foreign Minister?

John Kerry, a former US Secretary of State, has been accused of breaking the Logan Act by meeting with Iranian Foreign Minister Mohammad Javad Zarif. The Logan Act is a US federal law that makes it illegal for unauthorised American citizens to negotiate with foreign governments that are in dispute with the US. The Act was passed in 1799 following George Logan's unauthorised negotiations with France.

Kerry, who helped craft the 2015 Iran nuclear deal, met with Zarif several times after leaving office. During his testimony in 2023, Kerry admitted to corresponding with Zarif "three or four times" during the Trump Administration using encrypted messaging applications such as Signal, WhatsApp, or Telegram. He also confirmed that he had met with Zarif at the United Nations General Assembly and the Munich Security Conference as a private citizen.

Kerry defended his actions, stating that "shadow diplomacy has saved us from war" and cited back-channel conversations during the Cuban Missile Crisis. However, critics argue that Kerry undermined a sitting US president and emboldened a state sponsor of terror. They also claim that Kerry's discussions with Zarif may have included sanctions imposed by the Trump Administration, which would be a violation of the Logan Act.

Despite the accusations, Kerry has not been prosecuted for any violation of the Logan Act. In fact, only two people have ever been indicted on charges of violating the Act, one in 1803 and the other in 1852, and neither was convicted. The Act has rarely been invoked, and there may be concerns about prosecuting individuals for engaging in free speech.

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