With the Senate publishing a letter to the leadership in Iran, accusations of the violation of the Logan Act are leveled against 47 GOP Senators. (Check out the hashtag #47Traitors.)
Some experts on law tell us the Logan Act, while in existence since 1799, is unused and unconstitutional. But it has never been tested. Only the Judicial Branch can weigh in on this matter. The court system can only weigh in when a case has been brought before it.
Correct me if I am wrong, but any law on the books needs to be enforced. The way to get rid of a bad law would be to either have a legislative process to make the change or have it challenged in court and struck down.
There needs to be an investigation if there is suspicion that a law has been broken. Isn’t that what oaths of office are all about; upholding the law?
If there is the potential for a court case, especially for those in high office, Grand Juries are empaneled. Prosecutors, as they investigate, are said to have the magical ability to indict ham sandwiches. There is a lot of ham in the Senate.
In a single day, March 10th, over 120,000 people signed a petition on the White House website imploring the President to charge the 47 GOP Senators with a violation of the Logan Act. (Link )
120,000 people clogging a website for something not named Springsteen is pretty impressive. Is this enough to compel President Obama to begin indicting ham sandwiches? Does he need more signatures on a petition? Mr. President, please name your number. In this environment, I think we can get some big numbers for you.
This may be a golden opportunity for President Obama to throttle a GOP that is not acting in the best interest of the nation.
Call for a Special Prosecutor to look for violations of the Logan Act. Like the Benghazi Committee that demands all the State Department emails from the Clinton personal email servers; the special prosecutor has the ability to get all the emails from the 47 Senators’ email services. It will almost like each Senator getting his own personal Ken Starr. What’s good for the goose…
Given the amount of information on these servers, it could take months to process them. I can see a report coming out next October, right before the 2016 General Election. So if there are no indictments, the Senators in question will have a clean reputation to run with.
If there are indictments found related to the Logan Act, due process is being used to correct the problem. If the law is unconstitutional – they got nothing to worry about. They were just violating a law they didn’t feel like following. The Senator can go to court and defend themselves.
But having a special prosecutor looking at these Senators would also be interesting for the public to know what really is going on in Washington. We can finally see how the sausage is being made and maybe who is really writing the legislation.
A potential side effect of a long, drawn-out Grand Jury process could be to make the Senators act properly; for maybe the first time in their adult lives. They would not want to tick off anyone in the juror pool.
Who knows, if a special prosecutor starts really drilling down on some of these Senators, they may ask for a plea deal on a Logan Act charge rather than risk what the investigators may find.