Jail Jimmy Carter: Why the President Has Violated the Law
Posted 20 weeks 1 day ago byPresident Bush’s critics are quick to point out that the President is not above the law. It’s President George Bush, not King George.
Although they often misapply their position to matters that are actually presidential, the critics are nonetheless right, especially after a President is voted out or retires from public service.
Jimmy Carter, one of our most feckless presidents, is just an ordinary citizen. He isn’t a member of any branch of the government.
So why is he being allowed to violate the Logan Act with his current trip to Hamas?
Bill Wilson of Koenig’s International News believes so and goes into the history of the Logan Act.
The Logan Act was passed in 1799 and makes it a felony for any United States citizen "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."
The State Department has publicly objected to Carter's meeting. National Security Advisor Stephen Hadley told ABC that "The position of the government is that Hamas is a terrorist organization and we don't negotiate with terrorists. We think that's a very important principle to maintain. The State Department made clear we think it's not useful for people to be running to Hamas at this point and having meetings." Carter says, however, the State Department had not contacted him directly, but the State Department says otherwise. Carter says that he has been meeting with Hamas for years. In other words, he has been violating American law and policy for years.
I take no pleasure in putting a former president behind bars, but he’s also just an ordinary citizen – just like you and me and the State Department routinely fines ordinary citizens over $1000 for visiting Cuba.
It seems more than a glaring disconnect that Carter’s foundation receives federal tax money!
Fortunately, one Republican congresswoman has had the courage to go after Jimmy's passport. (Watch the video up top! Or here.)
James Kirchick of Contentions, tries to make the point that his actions are more egregious than Nancy Pelosi’s unconstitutional visit to Syria.
I would disagree, in part. Although the Supreme Court has held that the foreign policy powers apply only to the President, I think there’s enough questions surrounding the holding of United States v. Curtis-Wright Export Corp. to justify not jailing House or Senate members.
After all, if House members are expected to pass laws funding non-self executing treaties, why wouldn’t they be allowed to check out the governments they may end up funding with our tax dollars?
Still, Jimmy isn't a House member or a Senator or anyone but a senile and possibly anti-Semitic old man.
I doubt anything will come of this, but that doesn't mean it shouldn't, contrary to what Matt Yglesias writes.
Matt Yglesias, of course, shows that he doesn’t know his history with his post mocking Kirchick, but of course, we knew that all along with his obsession over what he wants the U.N. to be versus what it actually is.
Thoughts
Pablo, quite a resume
Submitted on April 23rd, 2008 by John 2000I somewhat envy your up-close and firsthand experiences in such a breadth of the wide region and hope that your injury had only temporary effects on your life. I would be interested in reading your dissertation if it is available.
I always had a very mixed view of the whole Balkan conflict during that period, particularly during the Serb/Kosovo/Nato/UN 'action' where 'we' were devastating Belgrade.
Were 'we' attacking Serbia more as a former and still Russian alliance under the guise of humanitarian concerns in the Kosovo province of Serbia -- a sort of cold war remnant? Some have dared suggest that it was (and still is) also much about the Asia => Europe narcotics pipeline.
Overall, I am quite happy that the region is quite calm and that Croatia, Bosnia, etal seem to be prospering.
Do you see extremist Islamic issues still lying dormant in the region?
The reply
Submitted on April 23rd, 2008 by PabloI have served my country but not in Iraq. I was injured and got a medical out from the conflict in the former Yugoslavia. I was shot by an Islamic insurgent who was there to fight against the Serbs.
Such Irony. America helped the muslims in Bosnia yet the Islamic extremist still shoots at Americans there.
But I have spent much time in Paskistan and specifically in the border region and have been in Afganistan even during the Taliban times. I did it for research for my Thesis and was not there for the scenery.
I also spent much time in Turkey, Ukraine, Russia and Georgia around the black sea. So I am very much attune to what is going on in the middle east. I have even worked in Saudi Arabia and UAE. So I am very knowledgeable about Islamic matters especially in and around the current hot spots.
random reflections
Submitted on April 22nd, 2008 by John 2000Election Day, November 4,2008 will mark the 29 year anniversary of the seizure of the United States embassy in Tehran, Iran. Jimmy Carter was wrapping up the third year of what has been called his presidency. The hostages were held for 444 days during which time the new theocratic constitution was installed by referendum 'democratically' a month after the seizure. Thus radical Islamic rule came to the fore in what had been Persia.
The Carter Administration and Democratic Party Congress were the enablers of this turn of events. Iran began hence supporting other common cause international revolutionary efforts, most notably the PLO and Cuba. These two causes have remained most dear to Jimmy Carter since being booted out of office in 1980.
During the hostage period, Jimmy had to show that he was serious about obtaining releases since negotiations for exchanging them for the deposed Shah was going nowhere. The Shah had finally found refuge in the US in October 1979 and was very ill and 'hospitalized'. Iran wanted to 'try' and execute him. You will observe that all of this was going on heading into an election year. Such years typically make the insanity of normal-year government in the US, well, quite special. Jimmy had to show that he was trying to do something, anything. Someone suggested to him that he was, after all, commander-in-chief, probably during some dreamy 3am call. The military action taken, it must be stated, was an attempted rescue mission that had an absolute zero chance of success. Indeed, the mission was less than zero success. It was disaster. It made the embarrassing disaster of Somalia look like a proud moment by comparison.
Jimmy knew his days in office were over. Oh, he had his other failures too, but this one was one of the two coffin lids to his presidency. The other coffin lid was his repeated suggestions that Americans should lower their expectations. He was a failed politician also.
Round up the usual conspiracy theorists and theories, but History spoke. It can be argued that society in itself is a conspiracy. It is a knee-jerk reaction nowadays to dismiss conspiracy every bit as much as it is to charge it. The best conspiracies remain dismissed by the consensus of the common will.
Some comedian the other night on FoxNews Redeye quipped something akin to : he (Carter) was like the way old guy at a picnic who wanders off and gets lost. Thinking that he has returned to his table, he sits down at another table with a bunch of thugs with guns strewn all about.
It was a funny image. Everybody laughed. I laughed at first, but then the dismissive image did not sit comfortably with me. You see, having a failed presidency from a typical American consensus view does not necessarily define the man. He is a true believer and he is not senile. For whatever reason he went to meet with Hamas, he went for specific reasons. Surely he could not trust international electronic communications. There was more to this trip. Can or will or should anything be done about the 1799 Logan Act arguable violation? That is a non-starter, even in a non election year probably. Don't we already know how such congressional inquiries are doomed to go? Will we ever really know the sum total of what went down? Nope.
Does it mean that Election Day falling on November 4 has any significance? I would hope not. History is replete with such coincidences and coincidences are kind of meaningless, aren't they, Mr Barack Hussein Obama?
Isn't America the hostage to oil now?
It is too laughable to be true, no? The truth really does hurt.
But, let's not get so petty as to blame GWB or Halliburton or Cheney for this current hostage situation. Blame Congress and thus indirectly the American people. This could all be seen 30 years ago. It was seen.
A presidency for oil swap.
Send In the Fearsome Foursome
Submitted on April 21st, 2008 by RespectfulguestLet's not concern ourselves with jailing President Carter. Instead at the tax payers expense let's purchase one way airline tickets to Damascus for the Fearsome Foursome of President Carter, Senator Obama, Speaker Pelosi and everyone's good friend Harry Reid.
Speaker Pelosi can wear her fancy scarf with sun glasses again with maybe a USC cheerleading outfit. President Carter and Senator Obama will have plenty of sand to stick their heads into as our enemies are being embraced...and Everyone's good friend Harry Reid can assure Mahmoud Ahmadinejad and Bashar al-Assad that all is lost in Iraq and the US will be pulling out with its' tail between its' legs in January, 2009.
Re: October Surprise
Submitted on April 21st, 2008 by Jim LakelyUm ... there have been investigations. And both houses of Congress, Newsweek and The New Republic found the charge to be groundless.
And only unhinged conspiracy theorists still cling to there being a "there" there.
Are you among them, CornFinger?
October Surprise
Submitted on April 21st, 2008 by CORNFINGER66If they arrest Carter under the Logan act.
They should have a real investigation into what happenened when H.W. Bush and Bill Casey went too Paris in 1980.
Does everyone remember how the hostages were released 2 hours after Reagan was sworn in. Then the illegal arm sales too Iran.
I think treason is a lot bigger crime then what Carter is doing at this moment.
But what about all carrot?
Submitted on April 21st, 2008 by Chuck_JohnsonIsn't that what Jimmy Carter is trying to do? He gave the Egyptians all the carrot in the Sinai agreement. I don't doubt he'll do it again, but this time he'll do it without our tax dollars.
Chuck Johnson is a student at Claremont McKenna College. Feel free to contact him.
Stick and no carrot diplomacy.
Submitted on April 21st, 2008 by MercyphotographyJim,
I guess we will see how it plays, but when you say " they finished the task " with Al-Sadr...well not quite. May be in Basra for now but not in Sadr city.
As far as the trip of former President Carter to meet Hamas, I don't think Chuck understood my point. I think it was a mistake to meet Hamas right now....but, at some point, providing they accept the existence of Israel and stop firing rockets across the border, they should be involved in conversations with the US and Israel.
Best.
Hamas, Sadr, etc.
Submitted on April 21st, 2008 by Jim LakelyGilbert, you wrote this:
That's all it took for Hamas to not be a terrorist group anymore? Just get elected, and not -- you know -- cease engaging in terrorism? Good to know that's the enlightened and humanitarian definition these days.
As for not talking to Sadr being a disaster -- think again. Those "inept" Bushies long ago focused on isolating Sadr, to the point that he had to flee to Iran and try to stop Iraqi democracy from exile. Then, we encouraged the getting-better-by-the-day Iraqi Army to crush the Sadr militias in Basra -- and over the weekend, they finished the task. All that accomplished with a big stick and a half-chewed carrot.
A good strategy well-executed, if you ask me.
Mercyphotography Doesn't Understand our Judiciary
Submitted on April 21st, 2008 by Chuck_JohnsonMercyphotography,
Do you really think I could bring a case? Do you not understand how prosecutions work in this country?
Private citizens don't bring criminal suits...
Chuck Johnson is a student at Claremont McKenna College. Feel free to contact him.
I stand corrected...
Submitted on April 21st, 2008 by MercyphotographyDear Chuck,
I should have written: FORMER President Carter instead of President Carter.
However, I did read your blog before posting.
As far as, " The Logan Act makes it a crime for any citizen to go and enter into conversations with other governments on behalf of the US ". I would argue this: Former President Carter is not acting on behalf of the US government but as a private US citizen.
Further, if you feel that former President Carter is " breaking the law" ( AKA the Logan Act) why don't you try to bring your case to court? Who knows,with any kind of luck may be Kenneth Star or Alberto Gonzalez would take the case?
If you feel like getting an update of former President Carter trip to the Middle-East go to:
http://www.npr.org/templates/story/story...
Regards.
How Many times?
Submitted on April 21st, 2008 by CORNFINGER66Ok Chuck, we kinda get it! Three times does not make your point any easier too take.
No you do not of had to been in the military too run for office.
Yes it is an all volunteer Armed Forces.
My point is still that Troop levels are down, and there are alot of young men and women out there that support this war. They are not inlisting too give our brave soilders that have been rotated in out of the war zones 3-4 times a break.
So what part of Chickenhawk do you and the the rest of the war supporters, that are not serving not understand?
On the subject of Jimmy Carter. Maybe he is trying too teach the Bush admin. about diplomacy. Something they really have not tried yet.
Please read before you post
Submitted on April 20th, 2008 by Chuck_JohnsonJimmy Carter is a U.S. citizen. He is no longer President. I know that liberals love to believe you can be "president" for life -- Castro anyone? -- in the U.S. we don't allow it.
Jimmy Carter is just a regular U.S. citizen.
If you read what I posted, the Logan Act makes it a crime for any citizen to go and enter into conversations with other governments on behalf of the U.S.
That sort of makes the rest of your post irrelevant. And oh, just for the record, Obama, the peacenik, wants to ban our allies! Some president he'll make... Of course, McCain will wipe the floor with him.
Chuck Johnson is a student at Claremont McKenna College. Feel free to contact him.
Mercyphotography Does Not Read Before He Posts
Submitted on April 20th, 2008 by Chuck_JohnsonJimmy Carter is a U.S. citizen. He is no longer President. I know that liberals love to believe you can be "president" for life -- Castro anyone? -- in the U.S. we don't allow it.
Jimmy Carter is just a regular U.S. citizen.
If you read what I posted, the Logan Act makes it a crime for any citizen to go and enter into conversations with other governments on behalf of the U.S.
That sort of makes the rest of your post irrelevant. And oh, just for the record, Obama, the peacenik, wants to ban our allies! Some president he'll make... Of course, McCain will wipe the floor with him.
Chuck Johnson is a student at Claremont McKenna College. Feel free to contact him.
Mercyphotography Does Not Read Before He Posts
Submitted on April 20th, 2008 by Chuck_JohnsonJimmy Carter is a U.S. citizen. He is no longer President. I know that liberals love to believe you can be "president" for life -- Castro anyone? -- in the U.S. we don't allow it.
Jimmy Carter is just a regular U.S. citizen.
If you read what I posted, the Logan Act makes it a crime for any citizen to go and enter into conversations with other governments on behalf of the U.S.
That sort of makes the rest of your post irrelevant. And oh, just for the record, Obama, the peacenik, wants to ban our allies! Some president he'll make... Of course, McCain will wipe the floor with him.
Chuck Johnson is a student at Claremont McKenna College. Feel free to contact him.
We've had this debate a lot...
Submitted on April 20th, 2008 by Chuck_JohnsonWhat part of civilian control of the military do you not understand? What part of volunteer army do you not understand?
Chuck Johnson is a student at Claremont McKenna College. Feel free to contact him.
Jail President Carter?
Submitted on April 19th, 2008 by MercyphotographyWhen we have a current Administration that do not respect the rule of law( the list is too long for here); the concept of jailing President Carter is absurb, offensive and border line....illegal. At least if you don't respect the man, you should respect the office he held.
Please, do not call President Carter " a senile and anti-semitic old man ", President Carter has still more active brain cells than President Bush, one could argue it is not difficult.
As far as meeting with Hamas, was it the right time to do it? Probably not.
Just keep one thing in mind, Hamas was elected by the Palestinian people and for that reason it is not by definition a " terrorist group". Not talking with Hamas, just like not talking to Al Sadr in Iraq is not the right strategy for the US.
But again,this inept group of people ( Bush, Cheney, Rice) do not even understand the basic rule of diplomacy: If you don't have a carrot, the stick doesn't work.
In other words, you need to talk to your enemies... and Senator Obama is planning to do just that when he is elected.
Irag
Submitted on April 19th, 2008 by CORNFINGER66Pablo "I would rather fight Al Quede in Iraq".
Are you blogging from Iraq, are you in the armed forces getting ready to go too Iraq?
It doesn't say in your profile??
Or are you just a cheerleader on the sidelines?
I had a great post on this
Submitted on April 18th, 2008 by PabloI wrote a blog and an earlier post concerning this issue. Too bad they're missing in action or being censored!
The Logan Act is rarely applied to anyone within the political arena.
Carter will be protected by his extremely liberal friends and by the Democratic party. Why you may ask?
Because Obama has said before though he has changed his tune as of late he would do the same as president.
The extreme left of this country are so delusional that they think that they can just remove America from the middle east and the terrorist will leave America alone.
Can you see anything more idiotic and more stupid of a position!
The terrorists have claimed along with Osama Bin Laden that America must be destroyed at all cost because America supports Israel.
Even if America had zero troops in the Middle east, America will still be targeted like it was in the 1970s and early 1980s.
I for one believe in the policy America has had since 1900 and applied even more so after WWII. Take the fight to the enemy and not allow the enemy the chance to fight us on our soil.
In other words, I would rather fight Al Queda in Iraq, than wait for the day when Al Queda shows up on Main Street USA and kills our Children because some idiot liberal is too stupid when it comes to understanding Islamic extremism.
still peaNUTS
Submitted on April 18th, 2008 by John 2000The very sight of that creature (aka Jimmy) makes my stomach turn just as it has since the days of his outrageous 'presidency'.
Since the Logan Act explicitly states "foreign government", I can see where the loophole is. And, maybe that is just as well.
It would be interesting to try and force a vote on the federal funding of his little institute, or whatever it is, with this congress, whatever it is. One thing it is: rated lower than very unpopular president.
Now that we are at day 100 of America being held hostage by the Democratic Primary illusion, it is a fine day for Jimmy to be reminding us of how great and effective a peaNUT he was.
Wasn't it his 'rescue' mission that crashed and burned in the desert?
I remember personally being within five feet of Anwar Sadat in Washington DC, a man I admired greatly at the time, only to find him gunned down by militant extremists a short time later. How long did peaNUTS peace accord last?
He has effects. Hamas has effects. They have things in common.
ObHama is Carter II wannabe in spades.
What's his problem?
Submitted on April 18th, 2008 by ansuyoI just find my jaw hanging open whenever I hear about the things this man is doing. I don't care who he is! You don't "play nice" with terrorists, and who is he to do so? Does he want to become synonymous with some kind of mental disorder? You know, "Poor guy, he's got Jimmy Carter Syndrome." Maybe that's what we can call Obama's tendency to hang out with people who are bad news. Anyway, Jimmy Carter needs to go to jail or go home and stop enabling these type people to get away with what they do.
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