The Volokh Conspiracy - 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.

	[Jonathan Adler, April 7, 2007 at 9:25am] Trackbacks 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.