Kerry violates Logan Act – USA Gov Policy

A furor has arisen about former Secretary of State John Kerry’s meetings with Iranian government officials and others regarding the Trump Administration’s decision to pull out of the Iran nuclear deal. Kerry’s tenure as Secretary of State ended in January of 2017. The issue has been simmering for some time. The Boston Globe reported last May that Kerry met twice with Iranian Foreign Minister Javad to discuss the nuclear deal.

Inadvertently, Iranian officials, describing those meetings, laid out the clear legal groundwork for an indictment under the Logan Act, which criminalizes negotiation by unauthorized persons with foreign governments having a dispute with the United States. Iranian Foreign Ministry spokesman Bahram Qassemi, quoted in Iran’s FARS news Agency “We don’t see the U.S. just as Mr. Trump; the United States is not just the current ruling administration and there are many figures who have different views on international and regional issues…”

Qassemi failed to understand that, indeed, the United States Government does have just one entity at a time that is legally permitted to conduct foreign affairs. Current Secretary of State Michael Pompeo, in an interview, stated: “what Secretary Kerry has done is unseemly and unprecedented. This is a former secretary of state engaged with the world’s largest state sponsor of terror, and according to him…You don’t have to take my word for it. … He was talking to them. He was telling them to wait out this administration. You can’t find precedent for this in U.S. history, and the secretary ought not – Secretary Kerry ought not to engage in that kind of behavior. It’s inconsistent with what foreign policy of the United States is, as directed by this President, and it is beyond inappropriate for him to be engaged in this. I remember, I saw him. I saw him in Munich at the Security Conference…”

President Trump concurred in Secretary Pompeo’s concerns: “John Kerry had illegal meetings with the very hostile Iranian Regime, which can only serve to undercut our great work to the detriment of the American people. He told them to wait out the Trump Administration! Was he registered under the Foreign Agents Registration Act? BAD!”

Raising further questions about Mr. Kerry’s actions is the revelation last April that Israeli undercover agents obtained 55,000 pages of documents and 183 CDs indicating that Iran lied about the extent of its nuclear program both before and after the Obama Administration’s deal with it, in which pallet loads of cash were transferred to the regime and sanctions were lifted in return for promises, without adequate verifications according to critics, to delay its legal ability to develop nuclear weapons.
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Unofficial dealings with Tehran are distasteful on a variety of levels, including the fact that it both supports terrorism abroad and gives support to a regime that oppresses its own population. The theocratic government routinely engages in horrific acts against many, and not just dissidents. According to Human Rights Watch,“Under Iranian law, many nonviolent crimes, such as “insulting the Prophet,” apostasy, same-sex relations, adultery, and drug-related offenses, are punishable by death.

In January, the Spectator reported that “Shortly after the latest protests began, the country’s security forces, including the Ministry of Intelligence and Security, were seen photographing the events. In Iran, a regime camera is as deadly as a sniper’s sights. Only more delayed. As in 2009, the photographs will be used by the police to arrest demonstrators and also family members unconnected with the protests. This will be followed by the torture and rape of men and women in prison by the theocratic regime’s frontmen. As after the Green Revolution, there will in due course be show trials, forced recantations and executions. This is how a police state with four decades of experience goes about its business.”

Those protests were about a variety of causes, including repression at home, and the use of Iran’s new-found riches from the Obama Administration’s nuclear deal with Tehran not t benefit the Iranian people but to indulge in even greater levels of support for terrorism and regional wars.

Photo: Former Secretary of State John Kerry (U.S. State Department photo)

Quick Analysis

Ukraine’s Frozen Conflict

As we approach winter in the northern hemisphere, the war in Ukraine is beginning to resemble a “frozen conflict” from many perspectives. Ukrainian President Volodymyr Zelensky recently told the media he hopes the war will end faster once President-elect Trump takes over in January. Opinions in Moscow, however, differ from that of the Ukrainian leader. Russian President Vladimir Putin argues that the North Atlantic Treaty Organization (NATO) needs to exclude Ukraine from joining in “exchange” for peace. If it does not, he says, then no end to the war is in sight. So far there is no Christmas solution. Several NATO countries, according to Vladimir Socor of the Jamestown Foundation, are tentatively considering “coalitions-of-the-willing” to provide security for Ukraine outside of the formal NATO framework. There is, however, no collective mechanism today under which such an arrangement is viable. According to the NATO Charter, while Ukraine is a NATO partner country, it may not join as a full member since it has not fulfilled the requirements for membership. That has not stopped NATO and allies from continuing “to provide Ukraine with unprecedented levels of support, helping to uphold its fundamental right to self-defence,” according to the organization. Socor says that keeping Ukraine out of NATO will not advance peace with Russia. Waiting for a peace settlement, he suggests, would only serve to encourage Moscow to continue the war indefinitely. Although the Biden Administration officially withdrew its support for Ukrainian membership in 2021, NATO maintains an “open door” policy toward membership-seeking countries. The current White House position led the way for European states to oppose Ukraine’s membership saying that a decision should be delayed until “conditions are met.” Biden pushed for changing “open door” to a “bridge” metaphor. It is not intended as an across-the-board NATO policy and has been implemented in the past on a case-by-case basis, says Socor. “The alliance’s open-door policy was not fully insulated from Russia’s non-statutory blocking power, and NATO-aspirant countries’ path toward membership was not always irreversible.” Russia has successfully blocked states like Georgia from joining, first in 2008 and again after the war in Ukraine began in 2014. Russia recognizes the value add of Ukraine to NATO is enormous and that Kyiv has a better case than some other nations. Putin’s invasion was, in part, intended to foreclose that option. By 2021, Moscow was pushing hard to maximize its war objectives, which included further annexations of Ukrainian territory. A main goal for Putin was, and is, to ensure there is no Ukraine left to join NATO. As President-elect Trump prepares to assume office in January, he is faced with the historical challenges presented by the war. Post-conflict security guarantees were the center of several proposals made during the 2023 military stalemate. The incoming Trump Administration has yet to outline how it intends to handle the Russia-Ukraine war. Analysts in Washington believe that the new Administration will expect its European allies to guarantee the majority of Ukraine’s security needs. As we approach 2025, several European nations have acknowledged that they do not view Ukraine as eligible for NATO membership as it would draw the organization into the middle of the conflict. Others want to wait until the war is over or pending a “peace” settlement before considering Ukrainian membership. Socor reports that some “influential voices” are suggesting that “Kyiv should join NATO after “freezing” the war along a stable armistice line, de facto accepting Ukraine’s partition, with NATO security guarantees applying de jure to the government-controlled territory only.” This would mean starting accession talks soon with the actual talks to commence only after a ceasefire is in place. Trump arrives in Washington at a time when Putin’s hybrid strategies of war in Ukraine have eviscerated commonly-held differences between war and peace. “Absent a political consensus in NATO over Ukrainian membership, certain European allies, including France’s President Emmanuel Macron, are holding informal consultations about post-conflict security guarantees to Kyiv by NATO members outside of NATO’s framework,” according to the Jamestown Foundation. The Biden Administration downplayed the discussions on possible forms of military assistance and defense industry cooperation by sending only an Assistant Secretary of State. For a European peace to hold the Trump Administration would need to formally extend the United States’ nuclear deterrence to Ukraine. Options under discussion in Europe include a “coalition of the resolute” to deploy forces to Ukraine as part of a possible armistice package, deterring further Russian attacks, says Secor. European officials are also debating, without any agreement, whether its military forces could perform non-combat logistical roles to free Ukrainian forces to fight. None of the possible courses of action has moved forward as all eyes are waiting on the incoming Trump Administration for clues about its intended level of support for a NATO framework and other non-NATO proposals. Daria Novak served in the U.S. State Dept.