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)

There is a remarkable contrast between the current state of the North Korean negotiations and the recently decertified Iran Nuclear Agreement.

In August, President Trump threatened the Pyongyang government with “Fire and fury like the world has never seen” in response to its advances in atomic weaponry. Much of the media and the political left reacted to those words with a fit of apoplexy, and predicted something not very short of Armageddon. The threatening tactic, however, has achieved the desired result. Before even taking a seat at the bargaining table, Kim Jong-un has returned Americans he had illegally detained, and announced that he would abandon his nuclear efforts. Indeed, journalist have already been invited to a ceremony later this month in which the Hermit Kingdom’s test facilities would be publicly destroyed.

Compare that with Obama’s stance in negotiations with Iran, in which the former administration essentially entered the talks signaling it would grant major concessions before receiving any solid give-backs from Tehran. The result, the Joint Comprehensive Plan of Action (JCPOA), failed to provide any substantive benefit to the United States, except, at best, a delay in Iran’s developing nuclear weapons and some inconvenience caused by the necessity of hiding prior or ongoing research, a fact made startlingly clear by Israeli Prime Minister Benjamin Netanyahu’s recent revelations.

The flaws in the Iran deal are glaringly obvious. Even if the Mullahs faithfully complied to its provisions, they would still have the right to build atomic bombs within a decade. Additionally, JCPOA did nothing to inhibit Iran’s ICBM development program. In return, Iran received, upfront, vast sums of cash, and an end to sanctions.

Critics of JCPOA note that “JCPOA… merely ‘rents’ Iranian arms control for a limited and defined period, after which Iran will be permitted to have an industrial-scale nuclear program with no limitations on number and type of centrifuges, or on its stockpiles of fissile material, buttressed by the economic benefits obtained through sanctions easing.”

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The concept of American negotiators entering into talks with adversarial powers from a position of strength has, despite its apparent success with North Korea so far, received little support from those more used to Washington’s prior agreement-at-any-price nature. Martin B. Malin and Hui Zhang, wrote in The Bulletin of Atomic Scientists “It is not yet clear if the Trump administration has a strategy for negotiating with North Korea. Since the announcement of a possible meeting, much public commentary has focused on the improbability of North Korea ever giving up its nuclear weapons and on the apparent lack of preparedness inside the US administration. There are good reasons to be skeptical about a possible breakthrough. North Korea has spared no effort to develop its nuclear arsenal and missiles. Kim will not give up his arsenal before he is convinced his regime’s security is guaranteed. It is not clear he can be convinced… with few exceptions, there has been almost no US thinking about a negotiating strategy. Incoming national security advisor John Bolton has recently suggested bombing North Korea. Even the most thoughtful analysts have focused almost exclusively on maintaining coercive leverage in the course of negotiations… The United States must come to terms with the possibility that it may need to make peace with North Korea, and take significant steps toward full normalization before Kim Jong-un would ever implement a complete, verifiable, irreversible dismantlement of his nuclear arsenal.”

Malin and Zhang have been proven incorrect, as were the extensive number of critics that decried President Trump’s “fire and fury” comments.

Obama was personally invested in the Iran deal. In essence, he placed his legacy above the needs of the nation. Trump, despite the political gains he could reap from a North Korea deal, has repeatedly stressed that he is willing to walk away if the talks don’t produce good results, placing him in a far better negotiating position than his predecessor.

Photo: Trump at decertification of JCPOA (White House photo)

Quick Analysis

China’s Tech Targets

Chinese technology is changing and its leadership is using it, along with espionage, to challenge the West in a number of critical areas. The United States is only one of its targets. Previously, Beijing’s spies primarily sought Western technologies as a way to skip generations of develop cost and time to modernize its economy. Today, its acquisition of advanced technologies, and now also its indigenous development, makes the communist giant a threat to freedom-loving people everywhere. This week Nan Mulchandani, the CIA’s chief technology officer, said Director William Burns is preparing for an “infinite race” with Beijing for artificial intelligence and advanced technologies. He argues the US must pivot toward providing American spies with the latest transformative technologies to outcompete China. Mulchandani says this means updating everything the agency does “from operations to the analytic function, support functions and other piece there.” America, he suggests, needs to alter its thinking toward viewing this not as a race with a finite end point, but as an ongoing competition. Mr. Mulchandani predicted that the next area of competition would “be primarily a software war that is powered by something like AI” rather than hardware fueled by software. That competition, however, is not confined to simply acquiring critical technologies for use in the future. China is also challenging the US in space. China announced today it launched a groundbreaking mission to retrieve samples from the far side of the moon. The space capsule will arrive in four days and collect 4.4 pounds of moon rocks and regolith, or moon dirt. Beijing’s desire to one day become a space power and scientific force is for pragmatic purposes in 2024 a fait accompli. Rep. Frank Lucas (R-Okla.), chairman of the House Science, Space and Technology Committee, said during a NASA budget hearing this week, that “while the US remains the global leader in space exploration, we face increasing challenges internationally.” Referring to China’s space station, Lucas said: “We cannot allow China to become the front-runner in space exploration… There are too many consequences for our competitiveness, our national security, and our continued ability to explore space.” A new report released this week by the Center for Strategic and International Studies (CSIS) says that the United States, to further its geopolitical interests and maintain a strong domestic economy, must approach every aspect of economic and trade policy through the lens of global technology competition. The Biden Administration’s approach, it says, discounts the landscape of competition between China and the US and may “jeopardize US advancements in emerging technologies… which could cede the advantage to China….” In particular, the report recommends that the US take action now because quantum and artificial intelligence (AI) need a federal policy to ensure the country can spur the entrepreneurship and R&D efforts foundational to the strength of the technology sector. As China’s Communist Party (CCP) becomes more hostile to the United States and other Western nations, its aggressive activities abroad expand and intensify. Chinese spy cases far outnumber those of Russia and every other nation. CSIS reports that since President Xi took over in 2012 there have been 224 incidents of spying. Estimates of the long -term economic, scientific, and national security cost to the US run into the billions and have “created immeasurable damage to national security with the theft of weapons technology, including nuclear weapons test data… China has added the theft of massive quantities of personal information, political coercion, and influence operations, to its espionage activities.” The CSIS reports says that 49% of incidents of spying in the US directly involved Chinese military or government employees, with private Chinese citizens accounted for 41%. In 29% of the espionage cases the person involved was attempting to acquire military technology, while in 54% of the incidents it was related to commercial technologies. Almost half of the cases involved cyber espionage, usually by state—affiliated actors. No matter where one turns today China is challenging the West, from the depths of our oceans to outer space. The United States cannot count on China to be a good global citizen and refrain from attempting to enforce its vision of world order with Beijing at the apex. The time is growing short for the West to take action. Daria Novak served in the U.S. State Dept.