Did Speaker Pelosi Commit a Felony?

Setting aside whether House Speaker Nancy Pelosi's amateur effort at shuttle diplomacy was wise or effective, did she violate the Logan Act and commit a felony during her visit to Syria? Robert Turner thinks the answer could be "yes."

Ms. Pelosi's trip was not authorized, and Syria is one of the world's leading sponsors of international terrorism. It has almost certainly been involved in numerous attacks that have claimed the lives of American military personnel from Beirut to Baghdad.

The U.S. is in the midst of two wars authorized by Congress. For Ms. Pelosi to flout the Constitution in these circumstances is not only shortsighted; it may well be a felony, as the Logan Act has been part of our criminal law for more than two centuries.

Michael Dorf thinks otherwise. Among other things, Dorf notes that "no one has ever been convicted of violating the Logan Act, and no indictments have even issued in the last 200 years." Even if one thinks Speaker Pelosi violated the letter of the law, Dorf notes, "There is zero chance that Pelosi will actually be prosecuted." Moreover, there are many arguments she could make in her defense.

That Pelosi's conduct was legal, does not mean it was appropriate or politically astute. Here's more Dorf on Pelosi from Dorf on Law:

The Constitution is best read to forbid congressional freelancing (to be distinguished from such things as congressional factfinding missions to foreign countries for the purpose of oversight of appropriations and related matters). Speaker Pelosi may undermine her public position on Iraq---where the Constitution clearly contemplates a substantial role for Congress---by asserting authority in an area where the Constitution truly supports Presidential prerogative.

UPDATE: More from Michael Dorf and Marty Lederman here.

Let me also make a plea for greater civility in the comments. I believe this is an interesting issue that can be discussed without partisan vitriol or name-calling.

SECOND UPDATE: Perhaps Pelosi should take diplomacy lessons from Bill Richardson.

Francis (mail):
"amateur effort", professor? As the Speaker of the House, she is quite surely a professional.
4.7.2007 10:47am
Russ (mail):
Francis,

She only only a professional politician. Additionally, she is also Speaker of the House - a domestic policy position. The Constitution gives the purview for foreign policy to the President.

It is unconscionable for her to try and create a dual foreign policy. I can think of nothing more confusing for our allies, or more heartening for our adversaries.

If she wants to craft foreign policy, she should run for and win the Presidency. Like him or not President Bush is still in charge for the next approximately two years. You want a new foreign policy? Vote for a new direction in 2008.
4.7.2007 10:51am
Zathras (mail):
These arguments are remarkable for their vagueness. Turner makes EV's grammatical point by the use of the passive phrasing "Ms. Pelosi's trip was not authorized." The statute just requires authorization "of the United States." What part of the government can give the authorization is unclear. A citation to Curtiss-Wright on negotiation is inapposite to the general topic of discussions. Whatever they were doing, Pelosi et al. were doing no negotiations.
4.7.2007 11:04am
Jonathan H. Adler (mail) (www):
Francis --

Speaker Pelosi is certainly a politician with significant political experience and skill. I think it is fair to characterize her recent efforts as "amateurish" nonetheless. Indeed, such a characterization is generous compared to that of the Washington Post editorial board.

JHA
4.7.2007 11:05am
Just an Observer:
The U.S. is in the midst of two wars authorized by Congress.

And neither of those authorizations authorizes war with Syria.

Prof. Turner really has jumped the shark.
4.7.2007 11:05am
Bitchslap (www):
Can we please drop the tired canard that 1) meeting with foreign leaders means creating a separate foreign policy and that 2) this is something unique to Nancy Pelosi?
4.7.2007 11:13am
Jonathan H. Adler (mail) (www):
Bitchslap --

I certainly agree that Speaker Pelosi is not the first member of Congress to engage in amateur international diplomacy. Insofar as former Speaker Newt Gingrich made equivalent missteps during his trip to China (over a decade ago, I might add, long before I started blogging), his actions were also worthy of criticism. The same goes for all those other members of Congress of whichever party whose prior actions I have failed to dredge up.

JHA
4.7.2007 11:23am
Partisan Much?:
It's worth mentioning that Republican Congressman Darrell Issa met with Assad the very next day. So did he commit a felony, too?
4.7.2007 11:25am
Jonathan H. Adler (mail) (www):
Partisan Much? --

Did you even read the post? I don't endorse Prof. Turner's analysis. Prof. Dorf is far more convincing.

JHA
4.7.2007 11:35am
Partisan Much?:
I did. And the posts you linked to. None of them mention Issa. Certainly Pelosi is higher profile, but to focus exclusively on her when a Republican did the exact same thing the very next day is partisan b.s.
4.7.2007 11:41am
JK:
While Professor Adler certainly isn't a hack, the substance of this story does seem incredibly thin. First, and as has been mentioned, is the fact that this has, apparently, been (and continues to be) done by Republicans without peep out of those that are now outraged. Second is the complete failure to address exactly what foreign policy rule was violated. It has been alleged repeatedly that Ms. Pelosi is putting forth an alternative foreign policy. What is this alternative foreign policy? Additionally, how could foreign governments interpret her actions as anything other then an internal policy dispute, which is hardly news. I assume no one is disputing the whether Ms. Pelosi is allowed to openly disagree with the President's foreign policy.

The only policy that I can Ms. Pelosi could be violating is some policy against contact with Syria. But has there ever even been a statement by the executive that congress people shouldn't visit Syria? The fact that there have been certain limitations on official contact by the executive doesn't mean that all contact has been cut off. If Congress People shouldn't be visiting Syria isn't the proper course of action to makes some rule or law banning such contact rather then widening the appearance of a rift in foreign policy through pubic criticism?
4.7.2007 12:00pm
Bruce Hayden (mail) (www):
I was hoping that this would come up here. I agree with Dorf that it is highly unlikely that Pelosi will be prosecuted here. But I disagree with the remainder of his agrument. In fact, in his second posting he first suggests that diplomacy is an inherant Executive function, but then because of his view on how badly the Bush Administration is doing it, it is somehow ok that Pelosi is so strongly infringing upon Executive perogatives and territory. And he admits that Pelosi went exactly counter to the Executive's apparent goal of isolating Syria by giving the country significantly more legitimacy and stature before the rest of the world than we wish it to have right now. Dorf just doesn't like the job the Administration is doing, so that is somehow ok.

At one place, Dorf suggests that Congress routinely engages in fact finding, and attempts to get her off the hook that way. But, as her predecessor, Newt Gingrich, pointed out yesterday, her actions went far beyond mere fact finding to being a diplomatic conduit between the two countries. And Mrs. Pelosi admitted that she was partaking in this sort of diplomacy proudly, as she publicly disclosed the Israeli "offer" that she was taking to Syria.

This sort of shuttle diplomacy is one of the reasons that we have a Secretary of State and her entire State Department. I have no doubt that the Secretary of State and a number of her minions in the State Department know far more precisely what the Israeli position is as regards to Syria than does Mrs. Pelosi, even now.
4.7.2007 12:03pm
PaulB (mail):
During the Clinton Administration, there were rumblings about bringing Logan Act charges against Jesse Helms. Regardless of what you think about Speaker Pelosi's efforts in Syria, isn't it time to remove this two century old law from the statute books?

Thoughtless efforts by members of Congress undoubtedly cause confusion in foreign countries, but that is the price we pay for being an uwieldy democracy with separation of powers.
4.7.2007 12:04pm
gretiv:
Maybe I am not understanding the exact scope of Speaker Pelosi's trip to Syria but as the leader of Congress, I would think she not only has the right to discuss foreign affairs with foreign leaders but the responsibility. Congress is granted the constitutional authority to advise and consent on treaties, the authority to raise and fund armies, define the rules for capture and war, and to essentially oversee the US foreign policy that is executed by the President. In order to be adequately informed to make decisions on those matters, isn't it "necessary and proper" for leader of a co-equal branch of government have the right to do first hand fact finding to uphold their constitutional obligations?

And wouldn't the First Amendment prevent any retribution by law enforcement (or the administration) as she was only having a theoretical discussion on the issues?

Finally, in terms of Syria and Israel talking peace, why would the administration have any official control over those negotiations? Obviously if the United States was involved in a treaty or an executive agreement the analysis would be different but from everything I have read, she did not suggest an official role for the U.S.

Am I missing something?
4.7.2007 12:07pm
J. F. Thomas (mail):
The country is in the midst of exactly zero "wars authorized by Congress". The AG has stated repeatedly, under oath, in front of Congress, that as a legal and constitutional matter, we are not at war with anyone and the authorizations to use force in Afghanistan and Iraq were not declarations of war.

Of course considering Gonzales' recent problems with the truth, he might have been lying.
4.7.2007 12:12pm
Bruce Hayden (mail) (www):
Can we please drop the tired canard that 1) meeting with foreign leaders means creating a separate foreign policy and that 2) this is something unique to Nancy Pelosi?
Interesting way of arguing - dismissing what the other side says by calling it "a tired canard".

This is also a classic strawman argument because it was't the meeting with the foreign leaders that was the issue. As has been pointed out in many places, this is done often by Congress in their "fact finding" role. The problem arose when Mrs. Pelosi went beyond that by (publically) relaying that Israeli message/position to the Syrians.

As for conducting foreign policy, Dorf suggested that the stated aim right now of the Administration is to try to isolate Syria (presumably because of their state support of terrorism, human rights violations, etc.), and Mrs. Pelosi's actions here potentially gave Syria the type of legitimacy that our government has not been giving them over the last couple of years.
4.7.2007 12:17pm
Richard A. (mail):
Syria is not contemplating nor has it engaged in hostilities against the United States. Furthermore its 1982 annihilation of the Muslim Brotherhood shows that the Alawites are if anything more antithetical to Islamic radicalism than the Bush administration, which put the Supreme Council for Islamic Revolution in charge of Iraq.
4.7.2007 12:19pm
logicnazi (mail) (www):
This is totally absurd. Common just try to give a sensible interpretation of that rule that doesn't have absurd consequences and allows prosecution of Pelosi. It just can't be done.

I mean under the definition of 'dispute' that seems to be used here any difference of opinion between the US president and the government of a foreign power is a dispute. Hence if the current president dislikes outsourcing and doesn't want China to let US businesses to be about to outsource there then it would seem that attempts to convince/lobby the Chinese government to give your company a business license is a violation of the Logan act.

Hell if an economist sits down at a fancy dinner next to the french ambassador and casually remarks, "you know modern economic theory suggests France would be better off reducing it's trade subsidies" he would be guilty under this interpretation. In fact it is hard to imagine how any debate between a US citizen and someone employed by a foreign government about current political issues could ever be legal.

Even more absurd every time someone with dual citizenship VOTES in a foreign country and his choice of candidates was influenced by their position on trade disputes with the US they should have violated the Logan act by this reasoning.
4.7.2007 12:22pm
logicnazi (mail) (www):
Bruce Hayden:

Ohh it was the meeting with foreign leaders? But the act (at least as quoted by Dorf) seems to make no distinction between meeting with agents or officers of the government and the leader. Thus if chatting with Assad is a problem so is chatting with all the ambassadors in the US. Surely you don't think that every congressman who chats up an ambassador at a state dinner is guilty do you?

The level of harm caused by this trip is really irrelevant. The law can't ask the jury to decide whether the trip was a net positive or negative before deciding to convict. The exact same legal analysis should apply if Pelosi had visited France and successfully talked the President into dropping support for government aid to airbus. As far as the law is concerned that is as much if not more of a dispute or controversy (it is formally filled in the WTO) than our dislike for Syria's actions is.
4.7.2007 12:29pm
Bruce Hayden (mail) (www):
Maybe I am not understanding the exact scope of Speaker Pelosi's trip to Syria but as the leader of Congress, I would think she not only has the right to discuss foreign affairs with foreign leaders but the responsibility. Congress is granted the constitutional authority to advise and consent on treaties, the authority to raise and fund armies, define the rules for capture and war, and to essentially oversee the US foreign policy that is executed by the President. In order to be adequately informed to make decisions on those matters, isn't it "necessary and proper" for leader of a co-equal branch of government have the right to do first hand fact finding to uphold their constitutional obligations?
Let me suggest that you read the WSJ article that Adler cited first, which contains this:
The Supreme Court has spoken clearly on this aspect of the separation of powers. In Marbury v. Madison, Chief Justice John Marshall used the president's authority over the Department of State as an illustration of those "important political powers" that, "being entrusted to the executive, the decision of the executive is conclusive." And in the landmark 1936 Curtiss-Wright case, the Supreme Court reaffirmed: "Into the field of negotiation the Senate cannot intrude, and Congress itself is powerless to invade it."
Congress can fact find, fund, approve or reject treaties, and declare war. It can't set foreign policy nor can it negotiate with foreign countries. Those are exclusive Executive powers.
And wouldn't the First Amendment prevent any retribution by law enforcement (or the administration) as she was only having a theoretical discussion on the issues?
Obviously the VC are far better qualified to answer this than I am, given that some of them teach it for a living, but my answer is that the 1st Amdt. protects speech, not actions, and this was essentially also, and primarily, an action.

You could make a similar argument about disclosure of classified documents. But, of course, it is still illegal to do so, and someone even on occasion still goes to jail for disclosing such.
Finally, in terms of Syria and Israel talking peace, why would the administration have any official control over those negotiations? Obviously if the United States was involved in a treaty or an executive agreement the analysis would be different but from everything I have read, she did not suggest an official role for the U.S.
But she was operating in her official role as head of 1/2 of a separate branch of our government. Just like President Bush can't talk to foreign leaders as a private citizen, neither can Speaker Pelosi. Her office follows her whenever she deals with other governments.
4.7.2007 12:30pm
Bruce Hayden (mail) (www):
Ohh it was the meeting with foreign leaders? But the act (at least as quoted by Dorf) seems to make no distinction between meeting with agents or officers of the government and the leader. Thus if chatting with Assad is a problem so is chatting with all the ambassadors in the US. Surely you don't think that every congressman who chats up an ambassador at a state dinner is guilty do you?
No, I keep saying that it wasn't the meeting with foreign leaders that is the issue. Congress does that all the time. Always has, and probably always will. The issue is: 1) the head of 1/2 of one of our branches of government relaying a position from one government to another with the apparent approval of her 1/2 the Legislative Branch, and 2) potentially undermining the Administration's attempts to isolate Syria. Her actions gave U.S. saction to this offer, because she was speaking as the head of the more popular half of a co-equal branch of our government.
The level of harm caused by this trip is really irrelevant. The law can't ask the jury to decide whether the trip was a net positive or negative before deciding to convict. The exact same legal analysis should apply if Pelosi had visited France and successfully talked the President into dropping support for government aid to airbus. As far as the law is concerned that is as much if not more of a dispute or controversy (it is formally filled in the WTO) than our dislike for Syria's actions is.
At one level I agree that harm should not be an issue here, because proof of harm in many such cases will be almost impossible to prove, given the confidential nature of much of diplomacy. We saw some of this in all the caselaw in the NSA TSP litigation.

As for the French example, she wouldn't be essentially acting as a diplomatic go-between negotiating with two sovereign states. And it is not clear that we really have a policy on Airbus subsidies - I know Boeing does, and that sometimes turns into U.S. policy, but I also suspect that there are plenty of free traders in the Administration who love to see this sort of thing.

Part of the problem with Pelosi's negiations here is that they potentally are directly counter to the apparent policy with regards to isolating Syria. She may not agree with them, but the people didn't elect her to make the determination of whether or not diplomatically isolating Syria was good or bad, rather it elected George W. Bush to do so for the next year and a half.
4.7.2007 12:48pm
gretiv:
Thank you Mr. Hayden for answering my questions. I completely forgot about Curtis-Wright decision (and don't have a WSJ subscription.) That could be the reason why I only got a B on my con law final.

As for your last point, where would the be line drawn between fact-finding, something no one would argue she is unable to do, versus acting in her official capacity?
4.7.2007 12:48pm
Bruce Hayden (mail) (www):
Actually, if it is ok for Speaker Pelosi to conduct her own foreign policy, then it must also be ok for Sen. Reid to do so, and maybe even CJ Roberts. After all, he is the head of a co-equal branch of government (not, like Pelosi, the head of only 1/2 of one). So, maybe if two foreign policies are ok, then four is even better.
4.7.2007 12:51pm
AppSocRes (mail):
Anyone referencing the Issa and other Republican cogressmen who recently visited the Near East as a tuque defense of Pelosi should be aware of three things: (1) none of the Republicans made the front pages of the world's papers because none of them has the standing of Pelosi nor did they attempt to shamelessly publicize themselves as she did; (2) none of them actually engaged in actions that subverted US and Israeli foreign policy as she did; and (3) none of them generated the political disaster in this region that she has. From the get-go Pelosis has acted as a ham-fisted political hack: trying to fill critical congressional positions with incompetents or security risks as political payback; doing this so incompetently that she's damaged her party while seldom achieving her ends; and generally acting like the corrupt dimocrat-machine politician her old man raised her up to be. The apple seldom falls far from the tree!
4.7.2007 12:52pm
Duffy Pratt (mail):
This may be bad form, but here is the text of the Act:


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.

This section shall not abridge the right of a citizen to apply himself, or his agent, to any foreign government, or the agents thereof, for redress of any injury which he may have sustained from such government or any of its agents or subjects.


Being something of a luddite, I thought the Logan Act might have some bearing on a discussion of whether someone violated. That doesn't seem to be the favored approach here. I apologize if introducing the law itself makes the argument too mundane.
4.7.2007 12:54pm
frankcross (mail):
Everyone seems to be assuming, without evidence, that she said something that undermined national policy. Do you have that evidence or are you just spouting bias. The Republican with her on the trip, Hobson, expressly said that she said nothing contrary to Administration policy.
4.7.2007 1:01pm
Bruce Hayden (mail) (www):
I suggested earlier that the DoJ is unlikely to prosecute Speaker Pelosi, even if they have her cold violating the Logan Act. This is a political decision, and most likely, not a legal one.

DoJ could just as easily prosecute leaks of classified information whenever such shows up in the WaPo or NYT. All it would have to do would be to make some showing that it couldn't figure out who the leaker was, then bring the reporters before a grand jury. If the reporters refused to divulge where they got the classified information, they would just have to sit in jail until that grand jury expired, and then after a couple of days of rest, go back before another one, and start all over again.

Disclosing classified information a felony, esp. for those who are entrusted with it (and don't have declassification authority like the President and by delegation, the VP). Yet this case is rarely prosecuted. Why? That sort of ham handed prosecutorial conduct, while legal, would be political suicide, as every paper in the country would come to the defense of the jailed reporters.

Speaker Pelosi is not going to be prosecuted for very similar reasons - she is the leader of the most popularly elected house of the most popularly elected branch of our government.

But probably what should happen is that some back bench Republicans should file ethics charges against her for this. This is the sort of thing that a much younger Newt Gingrich made famous - before he became Speaker himself and such ethics charges were filed against him.
4.7.2007 1:02pm
gretiv:

Everyone seems to be assuming, without evidence, that she said something that undermined national policy. Do you have that evidence or are you just spouting bias. The Republican with her on the trip, Hobson, expressly said that she said nothing contrary to Administration policy.


The Administration's policy is not to have direct talks with Syria. In that sense, she did act contrary to Administration policy.
4.7.2007 1:03pm
Bruce Hayden (mail) (www):
Everyone seems to be assuming, without evidence, that she said something that undermined national policy. Do you have that evidence or are you just spouting bias. The Republican with her on the trip, Hobson, expressly said that she said nothing contrary to Administration policy.
But logicnazi just asserted that this was irrelevant, and then tried to use that through reductio ad absurdum to counter the charge.

All we really know is that the Administration appears to be trying to isolate Syria diplomatically, that they asked Speaker Pelosi not to do what she did, and that it appears to run counter to their attempts to isolate the country.

But, no, we don't know everything going on here. We can't. No country, at least not big ones like ours, ever show all their cards. We don't know the limits of Syria's isolation, nor do we know how far the Administration is willing to go if our ally, Israel, were making a bona fide breakthrough attempt at negotiating peace. We don't know these things, and shouldn't expect to.
4.7.2007 1:15pm
Amero (mail):

The Administration's policy is not to have direct talks with Syria. In that sense, she did act contrary to Administration policy.


And Darrel Issa's visit (with Assad!) was not a "direct talk"?
4.7.2007 1:15pm
Duffy Pratt (mail):
It looks to me like the original post misinterprets Dorf. He does show that there are a number of defenses Ms. Pelosi might raise to a Logan Act claim, and also shows that they are all very weak. If anything, I would conclude that Dorf believes that she did violate the letter of the Act, but that any prosecution under the Act is highly unlikely.
4.7.2007 1:20pm
Guest user (mail):
The post leaves out that Reps. Frank Wolf (R-Va) and Robert Aderholt (R-Al) just returned from siliar trips to Syria, that Rep. David Hobson (R-Oh) is accompanying Pelosi's current trip, and that Rep. Darryl Issa (R-Ca) also just met with the Syrian President and Foreign Minister in Damascus.

By suggesting that Speaker Pelosi has broken the law, without mentioning the several Republican members of Congress now visiting Syria, Prof. Adler undermines any claim that he is an objective — or even credible — commentator. Simply following the White House talking points is not enough. If Adler cares at all about honesty, he'll update his post to take account of the many Republicans who have done just what Pelosi did.

http://thinkprogress.org/2007/03/30/syria-hypocrisy/
4.7.2007 1:22pm
gretiv:

And Darrel Issa's visit (with Assad!) was not a "direct talk"?


Rep. Issa was in direct talks with Syria. I completely agree that any punishment, disdain, complaint, etc. against Speaker Pelosi should be equally applied to the entire delegation including the Republicans. Without a doubt the Administration is acting highly partisan by only implicating only Speaker Pelosi. But they also do have a legitimate point in saying she is acting contrary to the policy of the US.
4.7.2007 1:24pm
plunge (mail):
Adler says:
"Did you even read the post? I don't endorse Prof. Turner's analysis. Prof. Dorf is far more convincing."

Give me a break.

"Is what Pelosi did a CRIME... maybe! But this guy says she probably will get off for it, the slippery fish! It sure was stupid tho!" is basically your post. You need to bone up on your intellectual honesty there a little.

The fact that GOP Congressmen made the SAME TRIP, with the knowledge of the White House, kind of throws a wrench in this entire attempt to turn attention from the fact that our Justice Department is falling apart in scandal and impropriety.
4.7.2007 1:30pm
Andrew Okun:
A couple of thoughts on this...

Speaker of the House is not a domestic policy position. The Speaker is third in line for the presidency and the House acts on foreign policy issues all the time, with committees on trade, the military and a host of foreign policy issues. It's Pelosi's business to gather information and make contacts with people involved in those issues. To say that direct information gathering on those issues is running your own foreign policy is ridiculous.

It might be to, say, negotiate directly legislation with a foreign leader, though plenty of congresspeople have done that on trade issues, but she didn't do that.

If you want an example of a Congressman running a separate foreign policy, read Charlie Wilson's War. If Wilson's behavior in Afghanistan didn't violate the Logan Act, there is no act that conceivably could.
4.7.2007 1:30pm
FC:
Why do the comment threads on Prof. Adler's posts always turn immediately to political spitballing?
4.7.2007 1:45pm
frankcross (mail):
Well, if the only objection is her meeting with Assad, businesspersons do that on various matters. Now, she's a government official (though the Logan Act argument depends on her being a private citizen and applies to all private citizens).

But if she went to Syria, met with Assad, and simply reinforced the substance of the Administration's policy, how bad is that? The only effect I can see is to tell Assad not to count on the Dems to support any of his positions against that of the President.
4.7.2007 2:06pm
AppSocRes (mail):
To those who think Pelosi did nothing that Republican congressmen visiting Syria did not do or that her behavior had no more impact than theirs: I refer you to the front pages of this past week's Jerusalem Post and the neccessity for Olmert to have to publicly and officially repudiate statements made by Pelosi. This woman has committed an incredible amount of damage during her little junket.

The little lady is either utterly incompetent or so viciously partisan as to be unpatriotic, i.e., to put the perceived interests of her party ahead of the interests of the United States. Amusingly enough, her inept partisanship has seriously damaged the image of the dimocrat party and I think everyone at least now realizes that. Or is there some fanatic Bush-hater out there who would like to argue Pelosi's bull-in-the-china-shop behavior has advantaged her party?
4.7.2007 2:09pm
Bill Poser (mail) (www):
Where does the idea that foreign policy is exclusively the domain of the President come from? The Constitution does not say this. Article I, Section 8, Clause 3 assigns to the Congress the power "to regulate Commerce with foreign nations", Clause 10 "To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations", and Clause 11 "To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water". It sure seems like Congress is intended to play a substantial role in foreign policy.
4.7.2007 2:18pm
neurodoc:
Syria is not contemplating nor has it engaged in hostilities against the United States. Furthermore its 1982 annihilation of the Muslim Brotherhood shows that the Alawites are if anything more antithetical to Islamic radicalism than the Bush administration, which put the Supreme Council for Islamic Revolution in charge of Iraq.

Neither the current Syrian government under Bashar, nor the the previous one under his father Hafez, have had any qualms about terrorism. The Muslim Brotherhood was a threat to Hafez's rule, and Hafez acted forcefully (massacre) and without any concern about "collateral damage" (innocents) to deal with that threat.

American citizens have died as a result of Syrian-sponsored terrorism, and it is alleged not implausibly, that Syria does not impede the crossing of its border with Iraq by jihadis. To put it mildly, Syria has no respect for the "sovereignity" of its neighbor Lebanon, and back in the '70s tried to overthrow the Jordanian government of King Hussein. Currently, Syria is Iran's active partner in arming the radical Islamists of Hezbollah and Hamas, thereby threatening Lebanon and Israel. While Syria has long maintained that the Shaba Farms area is rightfully theirs, they do not protest Hezbollah saying it belongs to Lebanon so they can make the bogus claim that Israel did not withdraw completely from Lebanon and justify their cross border attacks on Israel.

It's hard to paint Syria as a force for good in the world, but some will try.
4.7.2007 2:18pm
lszabo (mail):
the Logan Act is SOOOO vague + case law so scarce + Pelosi's act so vague in relation to these two elements that I'm not sure whether talking about suits against her is anything more than political rhetoric or a legal hypo; granted, both are interesting:-), I just don't believe there's much substance in this argument.
4.7.2007 3:12pm
Mahan Atma (mail):
"I refer you to the front pages of this past week's Jerusalem Post and the neccessity for Olmert to have to publicly and officially repudiate statements made by Pelosi."


How dare she disobey subvert our Israeli leaders allies.
4.7.2007 4:15pm
Robert Turner:
Yes, I am a hack. But, consider: Is the WSJ more of a hack paper because its editors published me?
4.7.2007 4:19pm
frankcross (mail):
For some context, Speaker Hastert led a delegation to Columbia in 1997 and met with the military and, according to our Ambassador, told them to bypass the Clinton Administration and work directly with Congress to evade the Clinton Administration's human rights policy.
4.7.2007 4:32pm
Steve:
Disclosing classified information a felony, esp. for those who are entrusted with it (and don't have declassification authority like the President and by delegation, the VP).

Please provide citations to:

1) the federal statute making "disclosing classified information" a felony; and

2) the source for your claim that the Vice-President, "by delegation," has the authority to declassify.

Alternative, you could simply acknowledge that neither of these authorities exist.
4.7.2007 4:45pm
Paddy O. (mail):


"you are an umitigated scumbag. Are you such a moronic piece of garbage that you can't make any point without resorting to pejorative comments like "little lady' and "dimocrat?" Do you think your argument is advantaged by such sophomoric insults?"

Spectral Disorder, do you? How does it make a point to do the same thing back? You've clearly just entirely dismissed yourself. Unless your logic is that by intensifying the sophomoric, pejorative arguments we will all be so in awe of your obvious moral outrage that we'll be convinced.

This approach is so weird to me. Is it a conscious rhetorical method or are you that so self unaware? My guess it's a little of both, coupled with a bit of unfocused generalized anger in your life. I would guess staying off blogs like this would be good for you, if they just bring out that kind of frustration.
4.7.2007 4:52pm
logicnazi (mail) (www):
Bruce Hayden:

Just to make the harm point clear (you may agree) even in principle what harm to US interests was caused is irrelevant to the Logan act. The act simply doesn't mention harm so even if Pelosi's action was universally hailed as reaping great benefits to the US it's legality would be unchanged, i.e., it isn't legal to subvert the president's foreign policy only when it is bad foreign policy.

Now when I suggested that the situation would be exactly the same if Pelosi had gone to France and said to some french official, 'Common why don't you guys give in on trade dispute Y. You know we are right,' I wasn't supposing her to have been officially deputized by the president to negotiate. The fact that she would have been advocating policy the president favored wouldn't change the fact that she wasn't authorized.

Importantly the Logan act bans any intercourse or correspondence with foreign agents about a dispute or controversy. It doesn't matter if the accused was advocating US rock solid US policy or flying in the face of it the law simply doesn't distinguish the two cases. Since there was clearly no US 'measure' to be defeated it is totally irrelevant that Pelosi's visit flew in the face of US policy. Hence the reason it is impossible to coherently argue that Pelosi is guilty of violating the Logan act but the congressman who, in the absence of explicit authorization, urges the french diplomat to give in on some trade dispute over dinner is innocent.

In short you are trying to read the act to say that anyone acting in an official capacity but without the approval of the executive branch may not act to undermine the president's foreign policy. Whatever the merits of such a law it simply isn't what this one says.

In short it seems pretty clear that the Logan act is a ridiculously overbroad law that, on a straightforward reading, seems to criminalize virtually any discussion of international politics between US citizens and foreign agents. As this is obviously not what is intended the law should be tossed out by the courts as unconstitutionally vague. If not then it should be thrown out for abridging the first amendment.
4.7.2007 5:00pm
Richard A. (mail):
2) none of them actually engaged in actions that subverted US and Israeli foreign policy as she did;
So it's now illegal for an American to subvert Israeli foreign policy?
4.7.2007 5:10pm
e:
1. Is there some logic that suggests that if State approves a visit by one legislator it must approve anyone who wants to go? Would that same logic defeat travel restrictions to Cuba? Canadian friends tell me it's a great place to vacation...

2. Not sure how Steve's post fits in, but are people really that confused about classified information? Hint: think espionage. Sorry, I don't have the statute. As for declassification, think executive order. Is this confusion a result of seeing "Confidential" stamped on legal documents and thinking that the same marks signifying national security are nothing more than an arguable privilege? "Gee, I've got this confidential document on military tactics, I think I'll read it and decide for myself... I'm smarter than the gov't after all."
4.7.2007 5:15pm
logicnazi (mail) (www):
I wanted to clarify that I'm not defending Pelosi's trip (nor condemning it). I don't feel I know enough about it or the political situation in the area to have an informed opinion about this but this should be relevant to the legal question.

Also I presume the point of noting that we are fighting Syria or in active hostilities with them is not to argue that they aren't an evil force acting against our interests but that as far as the law is concerned their is no dispute or controversy between us and Syria. Obviously a law which relied on a vague standard of 'are we friends' in such a complex area as international politics would be unconstitutionally vague (Saudi Arabia?).

Thus we must either:

1) interpret the Logan act to be unreasonably broad by counting any time a foreign government disagrees with the president about anything we are in a dispute or controversy with them which would make virtually all meetings between congressmen and foreign officials illegal.

or

2) interpret the Logan act to require war, active military hostilities or the like for us to be embroiled in a dispute or controversy with another country. North Korea, where we never really signed a peace treaty and man a heavily armed border, probably counts but then Syria does not.
4.7.2007 5:23pm
Angus:
I think many conservatives have a different copy of the Constitution (and the Logan Act) than do the rest of us.

As Bill Poser above said, the Constitution explicitly grants a number of foreign policy powers to the U.S. Congress. It gives the President only two: negotiating treaties and appointing ambassadors.

As pointed out again by a poster above, the Logan Act only requires approval by the United States Government. It does not specify "President." Last time I checked, the House of Representatives is also part of the United States Government.

Only people wearing partisan blinders could conclude that Pelosi violated the Logan Act (which is unconstitutional on its face in the first place).
4.7.2007 6:18pm
Russ (mail):
You're right on Atma. I know that MY day can't go on until I get my marching orders from Israel.

Don't you get tired of blaming Israel for everything?
4.7.2007 6:23pm
Jonathan H. Adler (mail) (www):
Steve --

Although your question was not addressed to me, there are authorities for both propositions. The unauthorized disclosure of classified information related to national security is criminalized under various provisions of the Espionage Act. See, e.g., 18 U.S.C. s793, 18 U.S.C. s798. Application of these provisions is certainly controversial (see my posts here). Also, I am not suggesting Rep. Pelosi violated these provisions, only that those who disclose such information can be prosecuted.

As for the authority to declassify information, Executive Order 13292, as interpreted by this administration, authorizes the Vice President to classify and declassify information in the performance of executive functions.

JHA
4.7.2007 6:30pm
Buck Turgidson (mail):
With a couple of dozen Republicans having made the trip to Damascus over the past month, this has all the appearances of a feeble belated April Fools joke. I'll settle for "fools" in this context.

It is amazing how the story has been repeatedly distorted during the trip. The MSM kept mum on the subject of Republicans visiting Assad, and they went out of the way to misrepresent both the message Pelosi delivered for the Israelis and the Israelis' follow up comment--there was no controversy.

Now we get another idiotic "controversy"--well, another tempest in a teapot. And the felons in the White House continue unabated.
4.7.2007 8:10pm
plunge (mail):
"Why do the comment threads on Prof. Adler's posts always turn immediately to political spitballing?"

Maybe because Prof. Adler thinks he can get away with Glenn Reynolds style "just passing this on, I'm above it all!" act, but isn't half as good as Reynolds at simply letting his choice of links do the smearing and framing for him.
4.7.2007 9:09pm
ros:
For those who object to a belittling description of Pelosi and her actions, Amarji is much more direct

“Friendship? Hope? For whom exactly? My dissident colleagues, that is, the few who were granted an audience with her Congressional Highness, felt completely snubbed by her, their entire encounter did not last but for a few icy minutes, I am told. Mrs. Pelosi’s friendship and hope seem reserved to the corrupt and oppressive bunch responsible for letting jihadi elements cross freely into Iraq, except, that is, when they need a headline in the proliferating journals out there willing to celebrate their anti-Bush stances, the criminal nature of their various enterprises notwithstanding. The realists are now out full-steam ahead to reestablish old ties with the very despotic regimes that thrive by exporting their problems elsewhere. How very creative. And how very conducive to peace.”

I have now decided that I have no hope of understanding the US political system. With mine (Australia) individual politicians can and do occasionally indulge themselves in chats with others elsewhere on foreign policy, including sometimes Leaders of the Opposition, but it is always known and understood that they do not represent Australia’s foreign policy. Here we have the leader of your Congress actively promoting a different foreign policy to that of the President/Executive. And Pelosi coming across as a Leader of the Opposition making mischief for your government.

Jerusalem Post
“The Pelosi-Assad meeting, meanwhile, was widely viewed as an attempt to push the Bush administration to open a direct dialogue with Syria, a step that the White House has rejected”. And Tom Lantos “This is only the beginning of our constructive dialogue with Syria and we hope to build on this visit,"

At the same time she is misrepresenting one of your allies to an unfriendly nation with a long term commitment to seriously harming that ally. Presumably the reason that your Constitution makes foreign policy the business of the Executive is so that every ignorant man woman and his/her dog can’t stuff things up. Like, central to Syria’s “peace “ desires seems to be the return of the Golan Heights, (and why not as Amarji reports in Feb the Assads have sold them off for peanuts to mates who can’t wait to get them back and boot off the current Syrian owners.) What is Ms Pelosi’s take on this, while she stated what she thought the Israelis should do, it is hard to see what she requires of the Assads. Stop passing on the foreign terrorists to Iraq please is too silly for words.

So what is your foreign policy, to isolate Syria, or to suck up to Syria? Who decides your foreign policy, just so your allies know whose press releases to take as policy. It doesn’t hurt I think to remind the American people that along with a stated belief in your place as the Leader of the Free world goes some responsibility to both keep your house in order, and deal fairly with others, in particular your allies. It is not just Israel that is left bugged off; all of your allies have to wonder what your position is, and whether, if Ms Pelosi gets another bee in her bonnet, we too can be shafted.
4.7.2007 9:21pm
David Sucher (mail) (www):
I assume that someone has already pointed this out but where do you get your causally tossed-off assumption that Pelosi was involved in "diplomacy," amateur otherwise?

She went to talk to a foreign leader. So?
4.7.2007 10:10pm
Taltos:

I think many conservatives have a different copy of the Constitution (and the Logan Act) than do the rest of us.

As Bill Poser above said, the Constitution explicitly grants a number of foreign policy powers to the U.S. Congress. It gives the President only two: negotiating treaties and appointing ambassadors.



From the decision in US v Curtiss-Wright


Not only, as we have shown, is the federal power over external affairs in origin and essential character different from that over internal affairs, but participation in the exercise of the power is significantly limited. In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it.

4.7.2007 10:16pm
Zoe E Brain (mail) (www):
As another Australian, I'd have to echo Ros's post. It's bad enough trying to fathom the policies of one US Government. It looks like, henceforth, we must fathom two, and they are mutually opposing. To avoid getting caught in the crossfire, perhaps we should just abandon all trust in the US, not because it is evil or dishonest, but because it has the national equivalent of MPD (Multiple Personality Disorder) and we never know which one will be dominant this week.
4.8.2007 12:32am
Mark Field (mail):

From the decision in US v Curtiss-Wright


It's the lack of textual support for this which caused the comment. Merely citing back the decision doesn't really respond to the original point.
4.8.2007 12:35am
Angus:

From the decision in US v Curtiss-Wright.

I'll tell you what: you take US v Curtiss-Wright, and I'll take the plain language of the Constitution. We'll call it even.
4.8.2007 1:29am
Angus:
By the way, I think everyone should read US v Curtiss-Wright as an example of how to read something into the Constitution that isn't there. The Court seemed to rely on 2 pieces of evidence to establish that the President had 100% of the power when it comes to foreign relations.

#1. A one-line quote from John Marshall in 1800 before he was appointed to SCOTUS. (Which some have argued doesn't quite mean what it appears to when taken in fulll context).

#2. A Senate Foreign Relations Committee report from 1816 which says that the President alone can negotiate treaties with foreign nations before submitting them to the Senate for Ratification.

Of these, #2 isn't on point regarding the controversy at hand, and #1 had nothing remotely to do with the Constitution.
4.8.2007 1:44am
ReaderY:
I simply don't think the Logan Act was intended to apply to the Speaker of the House and she is in any event shielded by legislative immunity. Conflicts between the branches over the conduct of diplomacy have be resolved by means other than criminal indictments.
4.8.2007 2:15am
dvorak:
So Congress gets to "regulate Commerce with foreign nations", "define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations", and "declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water"

Was Pelosi only discussing trade with Assad?

Was Pelosi only discussing piracy with Assad?

Was Pelosi only discussing declaration of war with Assad?

Even if you can't get a conviction it could be useful to charge Pelosi, Issa, Wolf, Pitts, Aderholt and anyone else.
4.8.2007 2:31am
David M. Nieporent (www):
Angus:
As Bill Poser above said, the Constitution explicitly grants a number of foreign policy powers to the U.S. Congress. It gives the President only two: negotiating treaties and appointing ambassadors.
Right. And last I checked, he didn't appoint Pelosi (or any of the other members of Congress) as one. Which means she doesn't get to be one. It would rather defeat the purpose of granting to the president the power to appoint ambassadors if any member of Congress (or even Congress as a whole) could appoint herself an ambassador.

Also, it does not give the President "only two." You missed the next paragraph: to "receive Ambassadors and other public Ministers"

Also, last I checked, the Logan Act was passed by the U.S. Congress, exercising whatever "foreign policy powers" it has.
As pointed out again by a poster above, the Logan Act only requires approval by the United States Government. It does not specify "President." Last time I checked, the House of Representatives is also part of the United States Government.
Last time I checked, the House of Representatives didn't approve of her visit, so even if this argument of yours weren't obviously sophistry -- the Executive is charged with executing the laws -- it wouldn't excuse Pelosi's actions.
4.8.2007 3:40am
BobNSF (mail):
From what I gather, many people in the Middle East were happy to see an American politician actually spend the night for a change...
4.8.2007 4:26am
Taltos:
I'll tell you what: you take US v Curtiss-Wright, and I'll take the plain language of the Constitution. We'll call it even.

Last I knew, unless and until it is overruled by a later proceding or a constitutional amendment, a decision of the supreme court is the law of the land.

Whether or not you agree with the decision isn't at issue, it is what it is. According to the supreme court for the last 70 years the president has complete control of foreign policy.
4.8.2007 4:55am
ros:
It would seem that Ms Pelosi is indeed putting herself out there as Leader of the Opposition.
“This is not the first time a leading Democrat has reached out abroad. In a mid-March interview that got surprisingly little attention, Democratic National Committee Chairman Howard Dean told The Politico'sRoger Simon he had met with world leaders to "build relationships with other governments in preparation for a Democratic takeover."
Dean added: "I want to make clear there is an opposition in America and that we are ready to take power and that when we do, we are going to have much better relationships with them."”

Our relationship with the US is fine, Russia, the despots of the ME, Old Europe, dear Mr Chavez to name just a few, not so good. But Mr Dean, just because you emasculate your President none of the afore mentioned are going to like you any better. And we may like you less. And your political system just isn’t designed to be led by the Speaker of the Congress, however much she desires to be seen as the Leader of America, no mere ambassadorship for this lady.

Zoe referred to MPD, I would suggest that the current Democrats are determined that the US’s role in the world should be as a headless chook. For all the belief of Americans in their Constitution as the human system from which all things good will emerge, for free, it would seem that like all political systems it is dependent on the commitment to it of the various actors, and Pelosi and her mates, unwittingly, and unknowingly, are determined it seems to push the US political system to the edge of chaos. So what will emerge? Some Democrats seem delighted that the US, at least in foreign affairs, should become, a headless chook. I am not.
4.8.2007 5:00am
Jonathan H. Adler (mail) (www):
NOTE: I have decided to delete some of the comments from this post that consisted nothing more of invective and insults, and those that responded.

I believe issues such as this can be discussed without calling people "scumbag," and hope that commenters will try and keep their comments substantive.

JHA
4.8.2007 10:09am
Zoe E Brain (mail) (www):
Better a Headless Chook than a Hungry Tiger. In an alternate Universe where Chomsky, Pilger et alia have some contact with Reality, the US really is an Imperialist Hegemonistic power.

Now the worst thing I'd say about the US is that it is "Economically Rapacious", and with a severely corrupt set of legislators at all levels. A bit like us, really.

But if the US "self-deters", and becomes as impotent as, say, the UN or EU, no good to Man or Beast, then we should look to our own Defences.

To paraphrase Macauley:
Then all are for the party,
But none are for the State;
And the rich man loathes the poor,
And the poor man loathes the great.
Then lands are confiscated
And Senate votes are sold;
The US but a Headless Chook
They do not Raise, they Fold.
4.8.2007 10:27am
occidental tourist (mail):
>>"Why do the comment threads on Prof. Adler's posts always >>turn immediately to political spitballing?"

>Maybe because Prof. Adler thinks he can get away with Glenn >Reynolds style "just passing this on, I'm above it all!"

I don't think Jon was begging for civility on this topic for the sake of protecting himself from ad hominem jibes. I'm shocked, shocked to see that a blog is driven by MSM headlines, so that the focus begins with the question of 'Pelosi and ignores contemporaneous Republican junkets by people who have relatively little power to leverage their visit into implied negotiations.

I disagree wholeheartedly that posting links to two competing analyses represents Jon's piling on to to some anti-Pelosi witchhunt, or an attempt to insulate Republicans from criticism on the same basis. The unstricken comments provide ample space for that.

He did lead one to believe that he viewed Pelosi's undertaking as less than admirable, and maybe his synthesis of much public reaction in that 'amateur' comment could constitute a cheap shot, if as he pointed out, an understated one. Maybe the worry is that an only modestly snide snippet of that sort is more damaging to Pelosi than the obviously partisan muckraking in the comments.

But it is fair to allege this was a spurious comment since he was declaiming focus on the merits of her conduct outside the abstract legal question of the Logan Felony. I just find it hard to place this snippet of attitude really anywhere on the partisan scale. Plenty of Republicans make the same kind of remarks about the Bush administration - nevermind we libertarians who once thought we were part of the coalition.

But all this whining about how the MSM has blown Pelosi's trip all out of proportion -- either by mischaracterizing her actions or by ignoring similar actions of others -- as if this kind of thing that always cuts against Democrats while the Republicans always get to slide is pretty comical. I can accept the point being made if it is advanced as the exception that proves the rule that 'democrats always get a pass' from the MSM, or the beginning of a catalog to prove that this truism ain't so.

In any event, Pelosi publicized what she was doing and she is the Speaker of the House. So the fact that the media echo chamber doesn't have an OJ trial this week and takes the ball and runs with it and foray's of minority party house members who nobody even knew were going there are but a footnote to the story, that proves what?

Personally, I'm going with conspiracy theory. Bush administration makes modest rumblings about inappropriateness of speaker's high profile trip to Syria to load the dice. Olmert allows her to read their discourse as offering some perceived feather to put in her veil and then pulls the rug out from under her the following day after she goes public. Finally the right figured out how to play hardball instead of just going on the tube and saying "stay the course" and getting appropriately hammered for it.

Even if the style of her contacts with Syria are completely within appropriate bounds for the Speaker of the House, for the very reason that she is a highly placed government official, she will not be insulated from accusations of stupidity on the substance. Sorry if that seems a little bit of harsh word, I'm not trying to make partisan cracks here and I think those are completely out of order on this thread. But take this little ditty: "We came in friendship, hope, and determined that the road to Damascus is a road to peace." Can anyone offer a reading of this comment that isn't situational ethics, Kissinger style -- see, who said this was partisan.

Brian
4.8.2007 10:48am
David Maquera (mail) (www):
The Logan Act should be dropped from the books. Its just plainly unenforceable.

That said, regardless of partisan affiliation (I am a Republican who thinks the neocons have hijacked US foreign policy), let's not kid ourselves. Pelosi clearly went to Syria for the primary purpose of circumventing Bush's foreign policy.

Now whether you agree with Bush's foreign policy toward Syria or not (and I don't because I believe one should hold their enemies closer than their friends), Bush has decided to not communicate with Syria's government in any official capacity. Pelosi has circumvented the foregoing policy and has created precedent whereby a House Speaker may now engage in creating a competing foreign policy with the White House. That's not only stupid but also downright dangerous for the future conduct of America's foreign policy (or perhaps I should use the plural term "policies").

There was a time when domestic partisanship stopped at this nation's borders. I guess that time is now past.
4.8.2007 10:58am
Peter Wimsey:
NOTE: I have decided to delete some of the comments from this post that consisted nothing more of invective and insults, and those that responded.

I believe issues such as this can be discussed without calling people "scumbag," and hope that commenters will try and keep their comments substantive.

JHA



I appreciate your attempt to keep the conversation civil, and would suggest that it would be helpful to also delete posts containing needlessly inflammatory insults such as "dimocrats".
4.8.2007 11:58am
Bruce Hayden (mail) (www):
Of course, to get the Logan Act off the books, it would need an act of Congress signed into law by the president or Congress to override his veto, etc. And no president, of either party, is likely to sign such a repeal into law, as it would curtail his powers. And, of course, this President is even more cognizant of usurptation of Executive power by the other two Branches than many of his predecessors have been.
4.8.2007 4:32pm
Angus:
Pelosi didn't create any precedent, since other speakers have done the exact same things.
4.8.2007 4:48pm
Toby:
Angus - Name one and the cicumstances.

I keep flashing on the number of folks who searched for decades to nail Bus Sr for negotiating with Iran prior to the election of Reagan. It is hard to know for sure, but somehow I feel that those who were even willing to make up such facts, because they were so important and disqualifying, are allied with those now sneering "So What?"

WHile a foolish consistency may indeed be the hobgoblin of small minds, some signs of consistency at all might be required for folks to take your debating points seriously...
4.8.2007 9:09pm
Angus:
Toby, didn't you read the links in the initial post? From one of them:

In any event, such communications by legislators with foreign officials -- including communications with our adversaries, and sometimes expressing views contrary to those of the Executive branch -- are nothing new. It's been going on in full force since at least the beginning of the 20th Century. See Detlev Vagts's very interesting 1966 account of the history of the Logan Act in 60 AMJIL 268, 275f. for some prominent examples. If Pelosi is acting unlawfully or inappropriately, she has plenty of company.

Newt Gingrich's trip to China in 1997 springs to mind, since he went there explicitly to negotiate with the Chinese over Taiwan.

Not Speaker yet, but Denny Hastert that same year urged Columbia to bypass President Clinton and negotiate directly with the Congress.
4.9.2007 12:19am
Rightwing (mail):
I wonder if any member of Congress were quite so specific as Nancy:

"We came in friendship, hope, and determined that the road to Damascus is a road to peace.We expressed our interest in using our good offices in promoting peace between Israel and Syria."

This from the woman third in succession to the President.For the liberal press to fault her only indicates that she made a mess of her efforts to undermine the Administration. They were embarrassed for her and saw the damage she brought to the 'cause'.

None of our friends would agree that the road to Damascus is a road to peace... in fact, it's one of support for terror.

The only support Nancy got was from the terrorists themselves... not exactly a resounding vote for confidence for the American cause. She has demonstrated, in capital letters, why she should have stayed in Washington.

Myself, I'm happy she went... I predicted that the Democrats would over-reach... and alienate the voters. I had no idea that it would happen so soon.
4.9.2007 11:19am