In the course of promoting his new book, Kerry revealed he met with Zarif “three or four times” to discuss the Iran nuclear deal, which President Donald Trump withdrew the United States from in May.
These activities bring Kerry to the shadowy borders of the Logan Act, the oft-cited but never-enforced 18th-century law that forbids private citizens of the United States from conducting diplomacy on its behalf or acting to thwart U.S. foreign policy.
Fleischer put his finger on the inherent flaw in the Logan Act: it is very difficult to establish with legal precision whether conversations between private citizens and foreign officials constitute treachery against U.S. government policy.
The Justice Department explains the Foreign Agents Registration Act (FARA) of 1938 “requires persons acting as agents of foreign principals in a political or quasi-political capacity to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts, and disbursements in support of those activities.”
In other words, Trump is accusing Kerry of acting as a lobbyist for the government of Iran without filing the required reports on his status and activities.
I assume MSM & Dems who got vapors & cried “Logan Act!” when 46 senators & I released letter defending Senate’s treaty power will accuse @JohnKerry of Logan Act violation.
Kidding re Logan Act, a stupid, dead-letter law. Not kidding re hypocrisy. https://t.co/4Y41Mck6RO
— Tom Cotton (@TomCottonAR) September 12, 2018
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!
— Donald J. Trump (@realDonaldTrump) September 14, 2018