Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Patriots' Day Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

March 18, 2015

Democrats Have Never Done What 47 Republican Senators Did to Obama?

Dissatisfied with President Barack Obama’s approach to Iran’s continued march toward acquiring nuclear weapons, 47 Republican Senators signed an open letter that was sent to the leaders of the Islamic Republic of Iran. Arkansas freshman Sen. Tom Cotton authored the letter, which was signed by all but seven Senate Republicans.

This action has been termed “unprecedented,” and has brought forth the wrath of Democrats in Congress and the administration. Vice President Joe Biden, for example, declared that “In 36 years in the United States Senate, I cannot recall another instance in which senators wrote directly to advise another country … that the President does not have the constitutional authority to reach a meaningful understanding with them.”

Secretary of State John Kerry expressed similar sentiments: “This letter ignores more than two centuries of precedent in the conduct of U.S. foreign policy,” and went a step further by saying that in his 29 years in the Senate he had “never heard of or even heard of being proposed anything comparable to this.”

Senate Minority Leader Harry Reid, D-Nev., said, “Republicans are undermining our commander-in-chief while empowering the ayatollahs. We should always have robust debate about foreign policy, but it’s unprecedented for one political party to directly intervene in an international negotiation with the sole goal of embarrassing the president of the United States.”

Other criticisms charged Republicans with trying to undercut the president by inviting Israeli Prime Minister Benjamin Netanyahu to address Congress without first consulting the White House, and then by sending this letter to subvert an agreement that would avoid war, as MSNBC’s Mika Brzenzinski charged on the Morning Joe program. And the pièce de résistance: the New York Daily News cover calling the Republican letter signers “traitors.”

Some law professors, pundits and news media charge that the Republican senators have committed treason by violating the Logan Act of 1799, which states: “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 not more than three years, or both.”

And now for the rest of the story.

Predictably, there is far more heat than warranted here. Treason? No. Traitors? No. Gross amounts of hyperbole? Absolutely! Deliberate deception? Of course.

The Logan Act is not a factor here because, first, many legal authorities believe the Act is constitutional, as it infringes on the free speech guaranteed citizens by the U.S. Constitution, but also because the senators represent one of two houses of a co-equal branch of government, and therefore acted with the authority of their position, which also allows them to take a part in agreements with other nations.

Most important, however, is that despite the breathless overstatements by critics of the letter-writers, this action is not at all unprecedented, and in fact some of the loudest critics have themselves indulged in similar acts.

Take Secretary of State John Kerry, for instance. In 1971 during negotiations by President Richard Nixon and Secretary of State Henry Kissinger trying to reach an end to the Vietnam War, then-Sen. Kerry, D-Mass., as leader of the anti-war group Vietnam Veterans Against the War, travelled to Paris to meet face-to-face with the North Vietnamese delegation, which was at the time an enemy combatant nation.

In 2007 then-Speaker Nancy Pelosi, D-Cal., met fact-to-face with Bashar al-Assad while President George W. Bush was in negotiations with the Syrian leader.

Another Speaker, Jim Wright, D-Tex., talked face-to-face with Nicaragua’s Daniel Ortega in 1987.

Senator James Abourezk, D-S.D., secretly met with Palestine Liberation Organization chairman Yasser Arafat in 1973.

In 2006 Senators John Kerry, D-Mass., Chris Dodd, D-Conn., Bill Nelson, D-Fla., and Arlen Spector R-Pa., (who soon after became a Democrat) traveled to Damascus when the policy of the Bush administration was to isolate the Bashar al-Assad regime.

The Left has a problem remembering these inconvenient facts, which are probably contained in emails at the State Department or the IRS.

Furthermore, the letter was an open letter, not a private communication and presented facts about our constitutional system the Iranians likely did not know, not a negotiation.

The letter explained that any agreement between President Obama and the Iranian leaders binds only President Obama; future presidents will not be bound by it. Only treaties ratified by the Senate bind the U.S. That is a significant point.

Further, the negotiations may well involve the president unilaterally undoing sanctions against Iran passed by the Congress. That is a no-no; he does not have authority to do that.

It is certainly fair to criticize the fact that the message was presented in a letter addressed to Iranian leaders, instead of, say, being run as an op-ed in one or more national newspapers. However, that is about the worst aspect of this molehill called Mount Treason.


James Shott is a columnist for the Bluefield Daily Telegraph, and publishes his columns on several Websites, including his own, Observations.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.