For Educational Purposes Only…

A con路spir路a路cy\k蓹n-藞spir-蓹-s膿\noun

: a secret plan made by two or more people to do something that is harmful or illegal

: the act of secretly planning to do something that is harmful or illegal

Full Definition

1 : the act of conspiring together <They were accused of conspiracy to commit murder.>

2 a : an agreement among conspirators <uncovered a conspiracy against the government>

b : a group of conspirators <a conspiracy made up of disgruntled aristocrats>

Other forms: plural con路spir路a路cies


The CIA uncovered a conspiracy against the government.

They were accused of conspiracy to commit murder.

Origin: Middle English conspiracie, from Latin conspirare see conspire.

First use: 14th century

Synonyms: cabal, 1ring, crew, gang, Mafia, mob, syndicate

In Jesus, Christ’s Name:

     Why standest thou afar off, O Lord?  why hidest thou thyself in times of trouble?  The wicked in his pride doth persecute the poor:  let them be taken in the devices that they have imagined. For the wicked boasteth of his heart’s desire, and blesseth the covetous, whom the Lord abhorreth.  

     The wicked, through the pride of his countenance, will not seek after God: God is not in all his thoughts.His ways are always grievous; thy judgments are far above out of his sight:  as for all his enemies, he puffeth at them.  He hath said in his heart, I shall not be moved:  for I shall never be in adversity.  His mouth is full of cursing and deceit and fraud:  under his tongue is mischief and vanity.  He sitteth in the lurking places of the villages:  in the secret places doth he murder the innocent:  his eyes are privily set against the poor.  He lieth in wait secretly as a lion in his den:  he lieth in wait to catch the poor:  he doth catch the poor, when he draweth him into his net.  He croucheth, and humbleth himself, that the poor may fall by his strong ones.  He hath said in his heart, God hath forgotten:  he hideth his face; he will never see it.

     Arise, O Lord; O God, lift up thine hand:  forget not the humble.  Wherefore doth the wicked contemn God?  he hath said in his heart, Thou wilt not require it.  Thou hast seen it; for thou beholdest mischief and spite,  to requite it with thy hand:  the poor committeth himself unto thee; thou art the helper of the fatherless.

     Break thou the arm of the wicked and the evil man:  seek out his wickedness till thou find none.  The Lord is King for ever and ever:  the heathen are perished out of his land.  Lord, thou hast heard the desire of the humble:  thou wilt prepare their heart, thou wilt cause thine ear to hear:  To judge the fatherless and the oppressed, that the man of the earth may no more oppress


In The Name Above Every Name… The LORD Jesus, Christ, Our Redeemer and King Eternally. 聽Let us get rid of the Child sacrificing called abortion…IT IS MURDER…then put prayers back in our schools and kick out the satanic clubs in public schools… put KJV Bibles in school libraries get rid of the 501C3 code; and support the fellowships who do not serve Jezebel and her kind… no tax breaks, except for the ones who donate… we will get one when President Donald TRUMP lowers our taxes to 15%. 聽Render to Caesar what is Caesar’s… Vote out the OLD GOATS in the Us Senate and US Congress… reinstate our Generals… get rid of sodomite marriages… we are male and female… if you have a XY in your DNA you are a male… if you have a XX in your DNA you are female… regardless of how you FEEL…IT IS ALL FLESH… others can think what they want, but no one is going to change my mind on that… all you have to do is look down at your body you can see if you be boy or girl… and this is just the beginning… we must move at Light speed by the leading and in the Power of the Holy Spirit… We overcome by the Blood of the Lamb and the Word of our testimony… thanking Abba, Father that our names are written down in the LAMBS Book of Life. Onward Christian soldiers… now let us kick some spiritual rear ends back after we bind them and loosed the Holy Angels to minister on our behalf. 聽These are the days we are born for… it is time to exploit the Kingdom of Darkness as never before. 聽The DOOR is open… push though… 聽 Love one another… and our enemies too! Love is loooooog-suffering, gentle and kind! Is not puffed up! Watch and Pray! Keep your armor on and a guard over you mouth… we will give account for every idle word we speak. 聽Back to thee Upper Room and prayer馃檹馃徑馃檹馃徑馃檹馃徑馃尮馃尮馃尮馃榾馃尮馃尮馃尮And just remember the devil is a liar and a father of all those who lie. 聽If you are a real Christian and not a FAKE Christian; put your feelings aside…we must walk in love towards our enemies…however, this does not mean we are to love the enemies of the Good Lord! 聽We must hate what the Good Lord hates… the Good Lord hates… the iniquity, sin! Best yet; the devil is running out of time…

Official Kingdom Document The Creep & Sneak Report!

Compiled by:   The Watcher鈥檚 Information Center

Official Kingdom Document

The Creep & Sneak Report!

Investigation Report on the letter from Jude.  I only use the King James Bible, as all other so-called Bibles are GMOed and bad seed…the NIV alone removed over 6,000 words…

Study done by; Pamela Brodt for the Saints

Jude 1:1-25 says:  Jude, a servant of Jesus Christ and brother of James, to those who are called, who are beloved in God the Father and kept safe for Jesus Christ:    May mercy, peace, and love be yours in abundance.  Beloved, while eagerly preparing to write to you about the salvation we share, I find it necessary to write and appeal to you to contend for the faith that was once for all entrusted to the saints.  For certain intruders have crept in among you, people who long ago were designated for this condemnation as ungodly, who pervert the grace of our God into licentiousness and deny our only Master and Lord, Jesus Christ.  Now I desire to remind you, though you are fully informed, that the Lord, who once for all saved a people out of the land of Egypt, afterward destroyed those who did not believe.  And the angels who did not keep their own position, but left their proper dwelling, he has kept in eternal chains in deepest darkness for the judgment of the great Day.  Likewise, Sodom, Gomorrah, and the surrounding cities, which, in the same manner as they, indulged in sexual immorality and pursued unnatural lust, serve as an example by undergoing a punishment of eternal fire.  Yet in the same way, these dreamers also defile the flesh, reject authority, and slander the glorious ones.  But when the archangel Michael contended with the devil and disputed about the body of Moses, he did not dare to bring a condemnation of slander against him, but said, “The Lord rebuke you!”  But these people slander whatever they do not understand, and they are destroyed by those things that, like irrational animals, they know by instinct.  Woe to them!  For they go the way of Cain, and abandon themselves to Balaam’s error for the sake of gain, and perish in Korah’s rebellion.  These are blemishes on your love-feasts, while they feast with you without fear, feeding themselves.  They are waterless clouds carried along by the winds; autumn trees without fruit, twice dead, uprooted; wild waves of the sea, casting up the foam of their own shame; wandering stars, for whom the deepest darkness has been reserved forever.  It was also about these that Enoch, in the seventh generation from Adam, prophesied, saying, “See, the Lord is coming with ten thousands of his holy ones, to execute judgment on all, and to convict everyone of all the deeds of ungodliness that they have committed in such an ungodly way, and of all the harsh things that ungodly sinners have spoken against him.”  These are grumblers and malcontents; they indulge their own lusts; they are bombastic in speech, flattering people to their own advantage.  But you, beloved, must remember the predictions of the apostles of our Lord Jesus Christ; for they said to you, “In the last time there will be scoffers, indulging their own ungodly lusts”.  It is these worldly people, devoid of the Spirit, who are causing divisions.  But you, beloved, build yourselves up on your most holy faith; pray in the Holy Spirit; keep yourselves in the love of God; look forward to the mercy of our Lord Jesus Christ that leads to eternal life.  And have mercy on some who are wavering; save others by snatching them out of the fire; and have mercy on still others with fear, hating even the tunic defiled by their bodies/(flesh).  Now to him who is able to keep you from falling, and to make you stand without blemish in the presence of his glory with rejoicing, to the only God our Savior, through Jesus Christ our Lord, be glory, majesty, power, and authority, before all time and now and forever.  Amen.

Now, let us take a closer look at His Word:

APOSTASY (a pahs’ tuh see) is the act of rebelling against, forsaking, abandoning, or falling away from what one has believed.

Old Testament The Old Testament speaks of 鈥渇alling away鈥 in terms of a person鈥檚 deserting to a foreign king (2 Kings 25:11; Jer. 37:13-14; 39:9; 52:15). Associated ideas, however, include the concept of religious unfaithfulness: 鈥渞ebellion鈥 (Josh. 22:22); 鈥渃ast away鈥 (2 Chron. 29:19); 鈥渢respass鈥 (2 Chron. 33:19); and 鈥渂ackslidings鈥 (Jer. 2:19; 8:5).  NASB uses 鈥渁postasy鈥 in Jeremiah 8:5 and Hosea 14:4 with the plural in Jeremiah 2:19; 5:6; 14:7.

The prophets picture Israel鈥檚 history as the history of turning from God to other gods, from His law to injustice and lawlessness, from His anointed king to foreign kings, and from His word to the word of foreign kings.  This is defined simply as forsaking God, not fearing Him (Jer. 2:19).  Such action was sin, for which the people had to ask forgiveness (Jer. 14:7-9) and repent (Jer. 8:4-7).  The basic narrative of Judges, Samuel, and Kings is that Israel fell away from God, choosing selfish ways rather than His ways.  Exile resulted.  Still God鈥檚 fallen people had hope.  In freedom, God could choose to turn away His anger and heal their 鈥渂acksliding鈥 (Hos. 14:4).

New Testament The English word 鈥渁postasy鈥 is derived from a Greek word (apostasia) that means, 鈥溾o stand away from鈥.  The Greek noun occurs twice in the New Testament (Acts 21:21; 2 Thess. 2:3), though it is not translated as 鈥渁postasy鈥 in the King James Version.  A related noun is used for a divorce (Matt. 5:31; 19:7; Mark 10:4).  The corresponding Greek verb occurs nine times.   A FALLING AWAY!  NOT CATCHING AWAY i.e. the so called “rapture” 

Acts 21:21 states an accusation made against Paul that he was leading Jews outside Canaan to abandon the Law of Moses.  Such apostasy was defined, as failing to circumcise Jewish children and to observe distinctive Jewish customs.

In 2 Thessalonians 2:3 Paul addressed those who had been deceived into believing that the day of the Lord had already come.  He taught that an apostasy would precede the day of the Lord.  The Spirit had explicitly revealed this falling away from the faith (1 Tim. 4:1).  Such apostasy in the latter times will involve doctrinal deception, moral insensitivity, and ethical departures from God鈥檚 truth.

Associated New Testament concepts include the parable of the soils, in which Jesus spoke of those who believe for a while but 鈥渇all away鈥 in time of temptation (Luke 8:13).  At the judgment, those who work iniquity will be told to 鈥渄epart鈥 (Luke 13:27).  Paul 鈥渨ithdrew鈥 from the synagogue in Ephesus (Acts 19:9) because of the opposition he found there, and he counseled Timothy to 鈥渨ithdraw鈥 from those who advocate a different doctrine (1 Tim. 6:3-5).  Hebrews speaks of falling away from the living God because of 鈥渁n evil heart of unbelief鈥 (3:12).  Those who fall away cannot be renewed again to repentance (Heb. 6:6).  Yet God is able to keep the believer from falling (Jude 24).

Implications Apostasy certainly is a biblical concept, but the implications of the teaching have been hotly debated.  The debate has centered on the issue of apostasy and salvation.  Based on the concept of God鈥檚 sovereign grace, some hold that, though true believers may stray, they will never totally fall away.  Others affirm that any that fall away were never really saved.  Though they may have 鈥渂elieved鈥 for a while, they never experienced regeneration.  Still others argue that the biblical warnings against apostasy are real and that believers maintain the freedom, at least potentially, to reject God鈥檚 salvation.

Persons worried about apostasy should recognize that conviction of sin in itself is evidence that one has not fallen away.  Desire for salvation shows one does not have 鈥渁n evil a evil heart of unbelief”.

Matthew 7:17-21 鈥淚n the same way, every good tree bears good fruit, but the bad tree bears bad fruit.  A good tree cannot bear bad fruit, nor can a bad tree bear good fruit.  Every tree that does not bear good fruit is cut down and thrown into the fire.  Thus, you will know them by their fruits.  “Not everyone who says to me, ‘Lord, Lord,’ will enter the kingdom of heaven, but only the one who does the will of my Father in heaven.

1 Corinthians 13:1-8 鈥淚f I speak in the tongues of mortals and of angels, but do not have love, I am a noisy gong or a clanging cymbal. And if I have prophetic powers, and understand all mysteries and all knowledge, and if I have all faith, so as to remove mountains, but do not have love, I am nothing.  If I give away all my possessions, and if I hand over my body so that I may boast, but do not have love, I gain nothing.

Love is patient; love is kind; love is not envious, or boastful, or arrogant, or rude.  Love does not insist on its own way; love is not irritable or resentful; love does not rejoice in wrongdoing, but rejoices in the truth.  Love bears all things, love believes all things, love hopes all things, love endures all things.  Love never ends.

The enemies of our King desire most of all to cause strife, which brings confusion and every evil work.  Satan does his best to cause the Saints to get offended 鈥 that is OFF-ENDED.  Then satan has no opposing force to contend鈥iving him the upper hand.

     We must be very aware of how the enemies of our Father鈥檚 operate and maneuver Saints into situations where they are walking in the flesh or through CARNAL ways.  Satan never wants us to forgive anyone because he knows we will not be forgiven when we fail to DO THE WORD and walk in love, grace, mercy, and forgiveness.  Remembering that forgiving others when they do not desire it is how the Good Lord treats us鈥o we do unto others, as we would have others do unto us鈥egardless of their actions, or whether you want to or not.  We must walk in the Spirit and not in the flesh鈥n Genesis, we learn that the dust of the earth is satan鈥檚 food and Adam was made of the dust of the earth; so then, when we walk in the flesh we are a quick meal for the accuser of the Brethren.  Satan and his minions can smell the FLESH and they devour it鈥e learn in our Bibles that some are turned over to the devil for the DESTRUCTION OF THE FLESH, that their souls might be saved.  IT IS WRITTEN:   1 Corinthians 5:4-6 Authorized (King James)
4 In the name of our Lord Jesus Christ, when ye are gathered together, and my spirit, with the power of our Lord Jesus Christ, 5 To deliver such an one unto Satan for the destruction of the flesh, that the spirit may be saved in the day of the Lord Jesus.
6 Your glorying is not good. Know ye not that a little leaven leaveneth the whole lump?

This study is not near finished; however, I wanted to get it to you for your edification.  Eternally His servant, Pamela B., Santa Rosa, CA

This is an added study I thought to include.  I pray it may help the 鈥newbees鈥.

The Authority of the Word of God

Study done by Pamela B., for the Saints

When the cop says, 鈥淧ull over鈥 – why do it?  When Mom said, 鈥楽top putting hot sauce on your little brother’s gumbo鈥, why stop?  If you sit down comfortably in a dentist’s chair, in spite of all those wicked looking instruments, what allows you to relax?  In each case, the answer is authority.  You ought to be very comfortable trusting your life to the Word of God.  Who has more authority?  You do not need to think further about it, if there is no authority in this world, or in the 鈥榳orld beyond鈥.  But if there is, we do need to consider it.  Is the Word of God authoritative?  There is a God, and He is creator, it seems to me that it would be!

Let us assume that God is real, and that He has sent His Word to us.  What does it say about Him and His Word?

God said, Let there be light: and there was Light.鈥- Gen 1:3; That is power!  It also means that He is the Architect, and generates all there is, by His Word.  Did the Apostle’s agree?  Let us take a look: 鈥淭hrough faith, we understand that the worlds were framed by the Word of God/YHVH, so that things, which are seen, were not made of things which do appear.鈥 – Hebrews 11:3 Things that are true last, lies fade away, and the corruptness underneath is revealed.  Thus, truth has authority.  That is the way it would be in an ideal world, in a court of law.  鈥淒o you swear to tell the whole truth and nothing but the truth鈥; The Good Lord cannot do otherwise.  鈥淪anctify them through Thy Truth: Thy Word is truth.鈥  – John 17:17 The Word of God is Truth, The Word is powerful, and has authority.  It can change things.  It concludes all things in comparison with itself.  It can separate a person from sin, and darkness.  鈥淏ut the hour cometh and now is, when the true worshippers shall worship the Father in spirit and in truth: for the Father seeketh such to worship Him.  God is a Spirit: and they that worship Him must worship Him in spirit and in truth鈥.  – John 4:23  True Worship is worship which is rooted in, empowered or enlivened by, reflective of, and conforming to TRUTH.  God’s Word is TRUE, and His Spirit is one with His Word…  The Spirit and Word work toward the same thing, and today a true worshipper is one who surrenders to the Holy Spirit, while abiding in the definition of the WORD.  This is the Apostolic experience of PENTECOST!  In the beginning was the Word, and the Word was with God, and the Word was God.  – John 1:1 AND John 1:13-15 (AKJV) 1:13鈥溾which were born, not of blood, nor of the will of the flesh, nor of the will of man, but of God.  14鈥And the Word was made flesh, and dwelt among us, (and we beheld His glory, the glory as of the only Begotten of the Father,) full of grace and truth.  15鈥John bare witness of Him, and cried, saying, This was He of whom I spake, He that cometh after me is preferred before me: for he was before me.鈥

Are you aware that King Yahshua/Jesus Christ is the expression, or Word of God, written in flesh?  Want to know God?  Look at King Yahshua/Christ Jesus!  His mind is conveyed to us in the Bible!  鈥淎nd the Word was made flesh, and dwelt among us, (and we beheld his glory, the glory as of the only begotten of the Father, full of grace and truth.鈥 -John 1:14 There’s the record.  God expressed Himself in the flesh.  Hebrews 1:3 says: 鈥淲ho being the brightness of His glory, and the express image of His person, and upholding all things by the Word of His power, when He had by Himself purged our sins, sat down on the right hand of the Majesty on high; 鈥樷e that rejecteth Me, and receiveth not My words, hath One that judgeth him: the Word that I have spoken, the same shall judge him in the last day鈥.鈥  – John 12:48.  鈥淔orever, O LORD, Thy Word is settled in heaven.鈥  – Ps 119:89.  鈥淎nd I saw the dead, small, and great, stand before God; and the books were opened: and another Book was opened, which is the Book of Life: and the dead were judged out of those things that were written in the books, according to their works.  And the sea gave up the dead, who were in it; and Death and Hell *NOTE:(the fourth horsemen 鈥evelation 6:7鈥And when he had opened the fourth seal, I heard the voice of the fourth beast say, Come and see. 8鈥And I looked, and behold a pale horse: and his name that sat on him was Death, and Hell followed with him.  And power was given unto them over the fourth part of the earth, to kill with sword, and with hunger, and with death, and with the beasts of the earth鈥), delivered up the dead who were in them: and they were judged every man according to their works.  And Death and Hell were cast into the Lake of Fire.  This is the second death.  And whosoever was not found written in the book of life was cast into the Lake of Fire.鈥  Revelation 20:12-15.  鈥淵ea; and all that will live godly in Christ Jesus shall suffer persecution.  But evil men and seducers shall wax worse and worse, deceiving, and being deceived.  But continue thou in the things that thou hast learned and hast been assured of, knowing of whom thou hast learned them; and that from a child thou hast known the Holy Scriptures, which are able to make thee wise unto Salvation through faith/trust which is in Christ Jesus/King Yahshua.  All Scripture is given by inspiration of God, and is profitable for doctrine, for reproof, for correction, for instruction in righteousness.鈥  – 2 Timothy 3:12-16.  鈥淜nowing this first that no prophecy of the Scripture is of any private interpretation.  For the prophecy came not in old time by the will of man: but Holy men of God spake as they were moved by the Holy Spirit.鈥 – 2 Peter 1:20.  鈥淎nd account that the longsuffering of our Lord is Salvation; even as our beloved brother Paul also according to the wisdom given unto him hath written unto you; as also in all his epistles, speaking in them of these things; in which are some things hard to be understood, which they that are unlearned and unstable wrest, as they do also the other Scriptures, unto their own destruction.  Ye therefore, beloved, seeing ye know these things before, beware lest ye also, being led away with the error of the wicked, fall from your own steadfastness.  But grow in grace, and in the knowledge of our Lord and Saviour Jesus Christ.  To Him be glory both now and forever.  Amen.鈥 – 2 Peter 3:15-18.  鈥淔or I testify unto every man that heareth the words of the prophecy of this Book, If any man shall add unto these things, God shall add unto him the plagues that are written in this book: And if any man shall take away from the words of the Book of this prophecy, God shall take away his part out of the Book of Life, and out of the Holy City, and from the things which are written in this Book.  He who testifieth these things saith, surely I come quickly.  Amen.  Even so, come, Adonoi Yahshua/Lord Jesus.鈥 – Revelation 22:18-20.  鈥淪tudy to shew thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth.鈥 – 2 Timothy 2:15.  Let me mention that the Bible refers to Jesus Christ as Faithful and True: What a friend!  鈥淎nyway, the Scripture鈥 someone may say; is full of contradictions.鈥  Examine some so-called contradictions with them, item by item and you will find there no contradictions in the Bible.  So when someone wants to challenge the Bible鈥 ask him or her:  鈥淗ave you read the Bible all the way through鈥?  More than likely, they have not.

Watch out for 鈥淭IME BANDITS鈥!  These are those who would go around and around on certain subjects.  It is not up to us to change people鈥檚 minds鈥 this is the job for the Holy Spirit.  When others ask for information, show them what the Bible says; because at the 鈥渆nd of the day鈥, it does not matter what we think鈥 if it does not line up with the Bible all the way鈥 we are the ones wrong!


DEPOSITION:  Declaration, statement, testimony… has to do with dethronement, removal and/or unseating.

INTERROGATORIES:  Examine, question, inquire, probe… has to do with cross examination of information and witnesses in opposition to one’s view point.  With the purpose of investigations and analysis of one’s view point.  With much study and research involved.  Delving into information with much scrutiny.  Much seeking for the information that an opponent may try and keep from you.

Query…grilling…scrutinizing is involved.

Aggressive:  assertive, forward, belligerent, contentious, pugnacious, truculent.

Contacts:  connections, alliance, associations, links, touch points.

Sneaky:  tricky, furtive, shifty, devious, underhanded.

Conniving:  scheme, plot, manipulate.

Stealthy:  sly, covert, furtive, crafty.

Ruthless:  heartless, merciless, brutal.

When seeking for information that is to be used against an opponent and you are questioning associates of the opponent, always remember that this could be twisted information.  Information that your opponent wants you to believe or that he may not want you to know at all…one must know how to find out the truth and know what the truth is to keep facts straight.


Conducting Foreign Relations Without
Authority: The Logan Act
Michael V. Seitzinger
Legislative Attorney
March 11, 2015
Congressional Research Service
Conducting Foreign Relations Without Authority: The Logan Act
Congressional Research Service
The Logan Act, codified at 18 U.S.C. 搂 953, states:
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, 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.
The Logan Act was intended to prohibit United States citizens without authority from interfering
in relations between the United States and foreign governments. There appear to have been no
prosecutions under the act in its more than 200-year history. However, there have been a number
of judicial references to the act, and it is not uncommon for it to be used as a point of challenge
concerning dealings with foreign officials
There has been renewed interest in the Logan Act in 2015 as the result of a letter signed by 47
U.S. Senators to Iran suggesting that negotiations about a nuclear deal between the President and
the Iranian leadership would be an executive agreement that another President or Congress would
be able to abrogate. Some have raised questions about the constitutionality of the act, whether it
applies to Members of Congress, and its current viability. Commenters have provided arguments
that both support and oppose the legality of the Senators鈥 letter.
Although attempts have been made to repeal the act, it remains law and at least a potential
sanction which could be used against anyone who without authority interferes in the foreign
relations of the United States.
Conducting Foreign Relations Without Authority: The Logan Act
Congressional Research Service
Introduction …………………………………………………………………………………………………………………….. 1
History of the Logan Act ………………………………………………………………………………………………….. 1
Judicial References to the Logan Act………………………………………………………………………………….. 3
Department of State References…………………………………………………………………………………………. 8
Questions Raised Concerning a 2015 Senate Letter to Iranian Leadership …………………………….. 10
Conclusion ……………………………………………………………………………………………………………………. 11
Author Contact Information…………………………………………………………………………………………….. 11
Conducting Foreign Relations Without Authority: The Logan Act
Congressional Research Service 1
The Logan Act, designed to cover relations between private citizens of the United States and
foreign governments, has prompted much controversy as to its scope and effect in its more than
200 years. Described as either a 鈥減aper dragon or sleeping giant鈥 by one commentator,
proclaimed to be possibly unconstitutional by others, it represents a combination of legal and
policy factors in both domestic and international concerns.
As amended, the act states:
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, 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.1
In 1994 the fine was changed from $5,000 to 鈥渦nder this title.鈥2 Otherwise, there do not appear to
have been any substantial changes in the act since its original enactment on January 30, 1799, as
1 Stat. 613.
History of the Logan Act
After the French Revolution, difficulties developed between the Federalist Administration of the
United States and the various revolutionary governments of France.3 Because the United States
had not assisted the French revolutionaries to their satisfaction and because the United States had
ratified the Jay Treaty with Great Britain, the French government authorized plunderings of
American merchant ships. In 1797 President Adams sent John Marshall, Charles C. Pinckney, and
Elbridge Gerry as special envoys to France to negotiate and settle claims and causes of
differences which existed between the French Directory and the United States. This mission
resulted in the XYZ letters controversy, and its failure led to such strong anti-France feelings in
the United States that preparations for war were begun by the Congress.
After the unsuccessful envoys returned from France, Dr. George Logan, a Philadelphia Quaker, a
doctor, and a Republican, decided to attempt on his own to settle the controversies. Bearing a
private certificate of citizenship from his friend, Thomas Jefferson, who at the time was Vice
President, Logan sailed for France on June 12, 1798. In France he was hailed by the newspapers
1 18 U.S.C. 搂 953.
2 P.L. 103-322, 搂 330016(1)(K). See 18 U.S.C. section 3571 for schedule of fines applicable to one found guilty of type
of felony represented by Logan Act.
3 For additional information on the history of the Logan Act, see Kearney, Private Citizens in Foreign Affairs, 36
EMORY L.J. 285 (1987); Vagts, The Logan Act: Paper Tiger or Sleeping Giant?, 60 A.J.I.L. 268 (1966); and Warren,
History of Laws Prohibiting Correspondence with a Foreign Government and Acceptance of a Commission, S. Doc.
No. 696, 64th Cong., 2d Sess. (1917).
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as the envoy of peace and was received by Talleyrand. The French Directory, having concluded
that it was politically wise to relax tensions with the United States, issued a decree raising the
embargo on American merchant ships and freed American ships and seamen.
Logan, however, received a less friendly response from the United States after he returned.
Secretary of State Timothy Pickering told him that the French decree was illusory. General
Washington expressed his disapproval of Logan鈥檚 actions. President Adams recommended that
Congress take action to stop the 鈥渢emerity and impertinence of individuals affecting to interfere in
public affairs between France and the United States.鈥4 Representative Roger Griswold of
Connecticut introduced a resolution in Congress to prevent actions similar to Logan鈥檚:
Resolved, That a committee be appointed to inquire into the expediency of amending the act
entitled 鈥淎n act in addition to the act for the punishment of certain crimes against the United
States,鈥 so far as to extend the penalties, if need be, to all persons, citizens of the United
States, who shall usurp the Executive authority of this Government, by commencing or
carrying on any correspondence with the Governments of any foreign prince or state, relating
to controversies or disputes which do or shall exist between such prince or state, and the
United States.5
The resolution was passed, and the committee was appointed. On January 7, 1799, Griswold
introduced in the House a bill based on the resolution:
Be it enacted, etc., that if any person, being a citizen of the United States, or in any foreign
country, shall, without the permission or authority of the Government of the United States,
directly or indirectly, commence or carry on any verbal or written correspondence or
intercourse with any foreign Government, or any officer or agent thereof, relating to any
dispute or controversy between any foreign Government and the United States, with an intent
to influence the measures or conduct of the Government having disputes or controversies
with the United States, as aforesaid; or of any person, being a citizen of or resident within,
the United States, and not duly authorized shall counsel, advise, aid or assist, in any such
correspondence with intent as aforesaid, he or they shall be deemed guilty of a high
misdemeanor; and, on conviction before any court of the United States having jurisdiction
thereof, shall be punished by a fine not exceeding鈥攖housand dollars, and by imprisonment
during a term not less than鈥攎onths, not exceeding鈥攜ears.6
The bill was debated at length, and various amendments were proposed, some of which passed
and some of which did not. The House of Representatives passed the bill on January 17, 1799,
and the Senate passed it on January 25, 1799. It was signed and became a law on January 30,
4 1 MESSAGES AND PAPERS OF THE PRESIDENT 267 (Richardson ed., 1897).
5 9 ANNALS OF CONGRESS 2489, 5th Cong. (1798).
6 Id. at 2565, 2583 (1799).
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Judicial References to the Logan Act
There appear to have been few indictments under the Logan Act.7 The one indictment found
occurred in 1803 when a grand jury indicted Francis Flournoy, a Kentucky farmer, who wrote an
article in the Frankfort Guardian of Freedom under the pen name of 鈥淎 Western American.鈥
Flournoy advocated in the article a separate Western nation allied to France. The United States
Attorney for Kentucky, an Adams appointee and brother-in-law of Chief Justice Marshall, went
no further than procuring the indictment of Flournoy, and the purchase of the Louisiana Territory
later that year appeared to cause the separatism issue to become obsolete.
So far as can be determined, there have been no prosecutions under the Logan Act. However,
there have been a number of judicial references to the act, among which are the following.
Judge Sprague of the Circuit Court for the District of Massachusetts mentioned the Logan Act in
two charges that he made to grand juries during the Civil War. On October 18, 1861, he said:
There are other defenses to which our attention is called by the present condition of our
country. A few months since a member of the British parliament declared, in the most public
manner, that he had received many letters from the Northern states of America urging
parliament to acknowledge the independence of the Southern confederacy. Such an
announcement ought to arrest the attention of grand juries; for if any such communication
has been made by a citizen of the United States, it is a high misdemeanor. St. 1799, c. 1. (1
Stat. 613) was especially designed to prevent such unwarrantable interference with the
diplomacy and purposes of our government.8
In the second grand jury charge referring to the Logan Act, made in 1863, Judge Sprague stated:
We have seen it stated in such form as to arrest attention, that unauthorized individuals have
entered into communication with members of parliament and foreign ministers and officers
in order to influence their conduct, in controversies with the United States, or to defeat the
measures of our government. It ought to be known that such acts have been long prohibited
by law.9
American Banana Co. v. United Fruit Co.10 referred to the Logan Act as follows:
No doubt in regions subject to no sovereign, like the high seas, or to no law that civilized
countries would recognize as adequate, such countries may treat some relations between their
citizens as governed by their own law and keep to some extent the old notion of personal
sovereignty alive [citations omitted]. They go further, at times, and declare that they will
punish anyone, subject or not, who shall do certain things if they can catch him, as in the
case of pirates on the high seas. In cases immediately affecting national interests they may go
further still and may make, and, if they get the chance, execute similar threats as to acts done
within another recognized jurisdiction. An illustration from our statutes is found with regard
to criminal correspondence with foreign governments. Rev. Stat., 搂 5335.11
7 See Vagts, at 271.
8 30 Fed. Cas. 1049, 1050-51 (No. 18, 277).
9 30 Fed. Cas. 1042, 1046 (No. 18, 274).
10 213 U.S. 347 (1909).
11 Id. at 356.
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Burke v. Monumental Division, No. 5212 was a case charging a union member with betraying the
interests of his union at the time of negotiation between the union and a railroad during a labor
dispute. The court compared the union鈥檚 reaction toward the act of its member with Congress鈥檚
feelings at the time of enactment of the Logan Act.
[T]he plaintiff鈥檚 conduct is characterized as 鈥渢raitorous,鈥 and it is said that he has committed
鈥渕oral perjury.鈥 This is strong language; but there is no reason to question that it is really
meant, and that those responsible for its use believe it to be fully justified. The truth
doubtless is that to them the Brotherhood and the roads appear to be almost distinct
sovereignties. At a time when it is at grip with the companies, for a member to let one of the
latter sue in his name, for the purpose of preventing the use by it of one of its most efficient
means of warfare, does to them seem treasonable. Within the limits of their power, they are
determined to punish any such proceeding. They feel about it as did Congress when in 1799
it enacted the so-called Logan Act … making it a crime for any citizen to have intercourse
with a foreign government with intent to defeat the measures of his own.13
United States v. Bryan14refers to 18 U.S.C. 搂 5, which is the predecessor of 18 U.S.C. 搂 953:
That the subject of un-American and subversive activities is within the investigating power
of the Congress is obvious. Conceivably, information in this field may aid the Congress in
legislating concerning any one of many matters, such as correspondence with foreign
United States v. Peace Information Center16 held that Congress had the power to enact the
Foreign Agents Registration Act of 1938 under its inherent power to regulate external affairs as
well as under its constitutional power to legislate concerning national defense and that the act is
not subject to any constitutional infirmity. The court mentioned similarities between the Logan
Act and the Foreign Agents Registration Act, and the language used appears to indicate that the
court believed that the Logan Act, like the Foreign Agents Registration Act, is constitutional.
Citizens of the United States are forbidden to carry on correspondence or intercourse with
any foreign government with an intent to influence its measures or conduct in relation to any
disputes or controversies with the United States.
The Act under scrutiny in this case represents the converse of the last mentioned statute. The
former deals with citizens of the United States who attempt to conduct correspondence with
foreign governments. The latter affects agents of foreign principals who carry on certain
specified activities in the United States. Both matters are equally within the field of external
affairs of this country, and, therefore, within the inherent regulatory power of the Congress.17
12 286 F. 949 (D.Md. 1922).
13 Id. at 952.
14 72 F. Supp. 58 (D.D.C. 1947).
15 Id. at 62.
16 97 F. Supp. 255 (D.D.C. 1951).
17 Id. at 261.
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In Martin v. Young,18 which concerned a petition for habeas corpus by a serviceman awaiting trial
by a general court martial, the principal issue was whether the petitioner could be tried in a civil
court for the offense charged against him by the Army. A part of the specification stated:
[That petitioner while interned in a North Korean prisoner of war camp, did] without proper
authority, wrongfully, unlawfully, and knowingly collaborate, communicate and hold
intercourse, directly and indirectly, with the enemy by joining with, participating in, and
leading discussion groups and classes conducted by the enemy reflecting views and opinions
that the United Nations and the United States were illegal aggressors in the Korean
The court stated that the conduct described in the specification violated at least three criminal
statutes under which the petitioner could be tried in a civil court, one of which was the Logan Act,
and granted the petition. However, the Department of Justice did not prosecute Martin under the
Logan Act.
Pennsylvania v. Nelson20 held that the Smith Act,21 which prohibits the knowing advocacy of the
overthrow of the United States Government by force and violence, supersedes the enforceability
of the Pennsylvania Sedition Act, which proscribes the same conduct. The reason given for the
pre-emption is that the federal statutes touch a field in which the federal interest is so dominant
that the federal system must be assured to preclude enforcement of state laws on the same subject.
The Court mentioned that 鈥淸s]tates are barred by the Constitution from entering into treaties and
by 18 U.S.C. 搂 953 from correspondence or intercourse with foreign governments with relation to
their disputes or controversies with this Nation.鈥22
Briehl v. Dulles23 upheld certain Department of State regulations which provided that no passport
shall be issued to members of the Communist Party. The court referred to other valid federal
statutes which restrict persons in the area of foreign relations:
We have statutes dealing with persons who act as agents of a foreign government, or those
who have 鈥渃orrespondence鈥 with a foreign government with intent to influence its measures
in relation to disputes or controversies with our Government or to defeat the measures of the
United States.24
In Waldron v. British Petroleum Co.25 the plaintiff sued for triple damages under the Clayton Act
for alleged conspiracy of the defendants to prevent the importation and sale by the plaintiff of
Iranian oil. The defendants asserted that the plaintiff had obtained his contract through a series of
violations of criminal statutes including the Logan Act. The court held that, in order to maintain
this defense, the defendants would have to show that the plaintiff sought to thwart some clearly
and unequivocally asserted policy measures of the United States instead of merely statements of
18 134 F. Supp. 204 (N.D. Cal. 1955).
19 Id. at 207.
20 350 U.S. 497 (1955).
21 18 U.S.C. 搂 2385.
22 Id. at 516, fn 5.
23 248 F.2d 561 (D.C. Cir. 1957).
24 Id. at 587.
25 231 F. Supp. 72 (S.D.N.Y. 1964).
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opinion, attitude, and belief of government officials. The defendants were unable to show this.
Further, the court noted that:
Another infirmity in defendants鈥 claim that plaintiff violated the Logan Act is the existence
of a doubtful question with regard to the constitutionality of that statute [Logan Act] under
the Sixth Amendment. That doubt is engendered by the statute鈥檚 use of the vague and
indefinite terms, 鈥渄efeat鈥 and 鈥渕easures鈥 [citation omitted]. Neither of these words is an
abstraction of common certainty or possesses a definite statutory or judicial definition.
Since, however, there are other grounds for disposing of this motion, it is not necessary to
decide the constitutional question. Furthermore, any 鈥渁mbiguity should be resolved in favor
of lenity鈥 [citation omitted].26
The court also indicates that, although Congress should perhaps eliminate the vagueness of the
Logan Act, the act remains valid despite the lack of prosecutions under it.
The Court finds no merit in plaintiff鈥檚 argument that the Logan Act has been abrogated by
desuetude. From the absence of reported cases, one may deduce that the statute has not been
called into play because no factual situation requiring its invocation has been presented to the
courts. Cf. Shakespeare, MEASURE FOR MEASURE, Act II, Scene ii (鈥淭he law hath not been
dead, though it hath slept.鈥)
It may, however, be appropriate for the Court (Canons of Judicial Ethics, Judicial Canon 23)
to invite Congressional attention to the possible need for amendment of Title 18 U.S.C. 搂
953 to eliminate this problem by using more precise words than 鈥渄efeat鈥 and 鈥渕easures鈥
and, at the same time, using language paralleling that now in 搂 954.27
United States v. Elliot28 also refers to the Logan Act and reaffirms the statute as it is discussed in
Pertinent, too, is Waldron v. British Petroleum Co., [citation omitted] wherein this court held
vital a previously unenforced section of the Logan Act (18 U.S.C. 搂 953) promulgated in
In Agee v. Muskie30 suit was brought to revoke Agee鈥檚 passport on the basis that his activities
abroad were causing serious damage to the national security or foreign policy of the United
States. In the Appendix to the case there are comments on various specific laws which Agee had
allegedly violated. One of these was the Logan Act.
Agee is quoted as stating that 鈥渋n recent weeks鈥 prior to December 23, 1979 he proposed to
the 鈥渕ilitants鈥 in Iran (who obviously under 18 U.S.C. 搂 11 are a 鈥渇action and body of
insurgents鈥 constituting a 鈥渇oreign government鈥) that they should compel the United States
to 鈥渆xchange … the C.I.A.鈥檚 files on its operations in Iran since 1950 for the Captive
Americans鈥 [citation omitted]. Such conduct violates 18 U.S.C. 搂 953 which prohibits any
citizen of the United States from carrying on correspondence or intercourse with any foreign
26 Id. at 89.
27 Id. at 89, fn 30.
28 266 F. Supp. 318 (S.D.N.Y. 1967).
29 Id. at 326.
30 629 F. 2d 80 (D.C. Cir. 1980), rev鈥檇 sub nom. Haig v. Agee, 453 U.S. 280 (1981), on grounds unrelated to the Logan
Act reference.
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government (the Iranian terrorist faction) 鈥渨ith intent to influence [its] measures or conduct
or [that] of any … agent thereof [footnote omitted]. Agee鈥檚 violation of this act with the
Terrorists is self evident from his own uncontradicted statement.31
In ITT World Communications, Inc. v. Federal Communications Commission32 the court found
that the lower court had misread ITT鈥檚 complaint concerning violation of the Logan Act.
Under the Administrative Procedure Act, a party has standing to secure judicial review of
any 鈥渁gency action鈥 that causes a 鈥渓egal wrong鈥 [footnote omitted]. The district court held
that ITT has not suffered a legal wrong, reading its complaint solely to allege a violation of
the Logan Act鈥檚 prohibition of unauthorized negotiation with foreign governments [footnote
omitted]. Because only the Department of State is aggrieved by violations of that criminal
statute, the court reasoned, ITT鈥檚 alleged injury is not legally cognizable.
We respectfully conclude that the district court misread ITT鈥檚 complaint. The gravamen of
ITT鈥檚 allegation is quite specific: 鈥淭he activities of the FCC … are unlawful and ultra vires,
and in excess of the authority conferred on the Commission by the Communications Act鈥
[footnote omitted]. Whether the complaint鈥檚 two references to the Logan Act [footnote
omitted] should be construed as an attempt to state a separate cause of action (as the
Commission insists) or as mere illustrative matter not intended to assert a claim (as ITT
argues), a cause of action under the Communications Act has clearly been alleged.33
In Equal Employment Opportunity Commission v. Arabian American Oil Co.,34 suit was brought
to determine whether Title VII of the Civil Rights Act of 196435 applied extraterritorially to
regulate employment practices of United States employers who employed United States citizens
abroad. The Court, in its holding that there was not sufficient evidence to indicate that the act was
intended to apply abroad, stated:
Congress鈥 awareness of the need to make a clear statement that a statute applies overseas is
amply demonstrated by the numerous occasions on which it has expressly legislated the
extraterritorial application of a statute. See, e.g., … the Logan Act, 18 U.S.C. 搂 953 (applying
Act to 鈥渁ny citizen … wherever he may be … 鈥).36
United States v. DeLeon37 concerned whether 8 U.S.C. Section 1326, which makes it a crime for
an alien who has been previously deported to enter, attempt to enter, or be found in the United
States unless certain conditions are met, applies to conduct occurring outside the United States. In
holding that the statute does apply to conduct occurring outside the United States, the court
More important, assuming that the Convention [Convention on the Territorial Sea and the
Contiguous Zone] also provides or ratifies a power to regulate certain conduct within the
31 Id. at 112-113.
32 699 F. 2d 1219 (D.C. Cir. 1983), rev鈥檇 on other grounds, 466 U.S. 463 (1984).
33 Id. at 1231.
34 499 U.S. 244 (1991).
35 42 U.S.C. 搂搂 2000e et seq.
36 499 U.S. at 258.
37 270 F.3d 90 (1st Cir. 2001).
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contiguous zone, that has a substantial adverse effect within the United States. That power
was assumed to exist well before the Convention, e.g., Logan Act….38
In a series of reviews of a general court-martial, styled United States v. Murphy,39 the appellant,
who was charged with committing crimes abroad, urged the Logan Act as a basis for his being
denied effective assistance of counsel.
The appellant contends that he was denied effective assistance of counsel at a critical stage of
the proceedings due to an erroneous interpretation of the Logan Act…. The Logan Act
prohibits unauthorized negotiation with a foreign government…. In appellant鈥檚 case, the
Federal Republic of Germany declined to exercise criminal jurisdiction, in accordance with
existing Status of Forces Agreements [footnote omitted]. The appellant鈥檚 counsel decided,
after personal research and consultation with other military lawyers, that he was prohibited
from attempting to persuade the German authorities to exercise jurisdiction. The appellant
now argues that his trial defense counsel鈥檚 failure to negotiate with the Federal Republic of
Germany, which does not allow capital punishment, denied him effective assistance of
counsel. We disagree….40
In a 2010 case, Strunk v. New York Province of the Society of Jesus,41 the plaintiff brought suit
against New York City, New York State, and federal officials, asserting that government officials
and agencies violated the Logan Act by acting as agents of a foreign government (presumably, the
Vatican) in association with or under the direction of the Roman Catholic Church, the Society of
Jesus, and the Sovereign Military Order of Malta. The plaintiff alleged that these circumstances
caused him and the citizens of New York unspecified 鈥渃ollective spiritual and individual temporal
injuries鈥 and demanded a declaratory judgment and injunctive relief to enjoin the entities from
conducting unspecified activities.
The United States District Court for the District of Columbia dismissed the action for lack of
subject matter jurisdiction and plaintiff鈥檚 lack of standing, stating:
The Court concludes that plaintiff cannot establish an injury in fact, that he is without
standing to bring his claims, and that this Court lacks jurisdiction to hear this matter.
The court stated that only the U.S. Department of State is aggrieved by a violation of the Logan
Act and that only the U.S. Attorney General has the constitutional authority to conduct criminal
litigation on behalf of the federal government.
Department of State References
A search of statements issued by the State Department concerning the Logan Act from 1975
onward has found at least two opinions. In these instances the department did not consider the
activities in question to be inconsistent with the Logan Act. One opinion concerned the
questioning of certain activities of Senators John Sparkman and George McGovern with respect
to the government of Cuba. The department stated:
38 Id. at 94.
39 50 M.J. 4 (1998); 36 M.J. 1137 (1993); and 30 M.J. 1040 (1990).
40 30 M.J. at 1047-1048.
41 No. 09-1249, 2010 U.S. Dist. LEXIS 21957 (D.D.C. March 8, 2010).
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The clear intent of this provision [Logan Act] is to prohibit unauthorized persons from
intervening in disputes between the United States and foreign governments. Nothing in
section 953, however, would appear to restrict members of the Congress from engaging in
discussions with foreign officials in pursuance of their legislative duties under the
Constitution. In the case of Senators McGovern and Sparkman the executive branch,
although it did not in any way encourage the Senators to go to Cuba, was fully informed of
the nature and purpose of their visit, and had validated their passports for travel to that
Senator McGovern鈥檚 report of his discussions with Cuban officials states: 鈥淚 made it clear
that I had no authority to negotiate on behalf of the United States鈥攖hat I had come to listen
and learn….鈥 (Cuban Realities: May 1975, 94th Cong., 1st Sess., August 1975). Senator
Sparkman鈥檚 contacts with Cuban officials were conducted on a similar basis. The specific
issues raised by the Senators (e.g., the Southern Airways case; Luis Tiant鈥檚 desire to have his
parents visit the United States) would, in any event, appear to fall within the second
paragraph of Section 953.
Accordingly, the Department does not consider the activities of Senators Sparkman and
McGovern to be inconsistent with the stipulations of Section 953.42
A 1976 statement by the Department of State concerned a letter written by Ambassador Robert J.
McCloskey, Assistant Secretary of State for Congressional Relations, to Senator John V. Tunney
in reply to a constituent鈥檚 inquiry about a visit of former President Nixon to the People鈥檚 Republic
of China. The letter stated:
Mr. Nixon鈥檚 visit to the People鈥檚 Republic of China was undertaken entirely in his capacity
as a private United States citizen. In accordance with the expressed wishes of the
Government of the People鈥檚 Republic of China and as a normal matter of comity between
governments, the U.S. Government permitted an aircraft from the People鈥檚 Republic of
China to land in California in connection with the visit. Aside from activities related to the
Chinese special flights (including provision of an escort crew to insure safety of operations
in U.S. airspace), the U.S. Government鈥檚 role in the visit was limited to the provision by the
Secret Service of personal protective services, as required by law, to the former President….
It is the responsibility of the Department of Justice to make determinations of whether
criminal statutes of this sort have been transgressed and whether individuals should be
prosecuted under them. However, the Department of State is unaware of any basis for
believing that Mr. Nixon acted with the intent prohibited by the Logan Act. In this
connection, it should be noted that no one has ever been prosecuted under the Logan Act….43
In a number of instances, people have been alleged, often by political opponents, to have violated
the Logan Act. For example, critics have suggested that Ross Perot鈥檚 efforts to find missing
American servicemen in Southeast Asia have violated the Logan Act. Critics alleged that former
House Speaker Jim Wright violated the Logan Act in his relations with the Sandinista
government. In 1984 while campaigning for the Democratic nomination for President, Reverend
Jesse Jackson went to Syria to help in the release of a captured American military flyer and to
Cuba and Nicaragua. The trips by Reverend Jackson occasioned comments from a number of
people, most notably from President Reagan, that Reverend Jackson had violated the Logan Act.
Other private citizens, such as Jane Fonda, have made trips which have been criticized as
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violative of the Logan Act. One of the most recent allegations involving a possible Logan Act
violation focuses on a letter signed by 47 U.S. Senators to Iran suggesting that an agreement
between the President and the Iranian leadership would be an executive agreement that another
President or Congress would be able to abrogate.44 There have apparently been no official
sanctions taken in any of these instances.
Questions Raised Concerning a 2015 Senate Letter to
Iranian Leadership
Commenters have raised questions about various issues associated with a 2015 letter signed by 47
U.S. Senators to Iran suggesting that negotiations about a nuclear deal between the President and
the Iranian leadership would be an executive agreement that another President or Congress could
abrogate. Three of these issues involve the constitutionality of the act, its application in this
situation to Members of Congress, and its current viability.
With respect to the act鈥檚 constitutionality, there is the above-discussed case, United States v.
Peace Information Center, in which the court seemed to suggest that, because of similarities
between the Logan Act and the Foreign Agents Registration Act, both acts are constitutional in
that they 鈥渁re equally within the field of external affairs of this country, and, therefore, within the
inherent regulatory power of the Congress.鈥 Yet, there are commenters who continue to discuss
whether the Logan Act is constitutional. For example, in a 1987 Emory Law Journal article, there
is discussion about whether the act may infringe on rights involving freedom of speech and right
to travel.45
The application of the act to Members of Congress is also a topic of discussion. In the abovediscussed
State Department statement concerning the questioning of Senators Sparkman and
McGovern with respect to the government of Cuba, the department found that their activities did
not violate the act and emphasized that nothing in the act 鈥渨ould appear to restrict members of
the Congress in pursuance of their legislative duties under the Constitution.鈥 The State
Department did not state that there is a general exemption from the act for Members of Congress;
rather, it focused on the particular activities of these two Senators. Some commenters appear to
believe that the 47 Senators signing the letter to Iran were acting outside permissible 鈥減ursuance
of their legislative duties.鈥46 Others, however, believe that:
[I]t could be argued that the letter鈥檚 signatories do wield official U.S. authority and are
federal officers in their capacity as U.S. senators.
But even if they don鈥檛…a Logan Act prosecution would fall apart because of subsequent
federal free speech cases that have taken a dim view of attempts to criminalize speech.47
45 Kevin M. Kearney, Comment, Private Citizens in Foreign Affairs: A Constitutional Analysis, 36 EMORY L.J. 285
46 See, e.g., E.J. Montini, Did Senators Violate Federal Law with Iran Letter?, located at:
47 Comments of Steve Vladeck, quoted in Did 47 Republican Senators Break the Law in Plain Sight?, located at
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The discussion of whether the act is currently viable may hinge on the fact that, despite its having
been law for more than 200 years, no one has been prosecuted for violating it. Its viability may
also involve constitutional issues, such as freedom of speech and right to travel, mentioned above,
since these constitutional issues appear not to have been litigated with respect to the Logan Act.
However, the act still remains law, and its viability should likely not be summarily dismissed.
Although it appears that there has never been a prosecution under the Logan Act, there have been
several judicial references to it, indicating that the act has not been forgotten and that it is at least
a potential point of challenge that has been used against anyone who without authority allegedly
interferes in the foreign relations of the United States. There have been efforts to repeal the act,
one of the most significant occurring in the late 1970s. For example, Senator Edward Kennedy
proposed in the 95th Congress to delete the Logan Act from the bill to amend the United States
criminal code.48 Senator James Allen insisted on reenacting the act in exchange for promising not
to prolong debate over the bill, and Senator Kennedy agreed to this. However, since the House
was unable to consider the criminal reform bill in the 95th Congress, the possibility of deleting the
act in a conference committee was eliminated. In early 2015, renewed interest in the act resulted
from a letter sent to Iran by 47 U.S. Senators. It is possible that this interest will result in
congressional consideration of whether the act should be repealed or retained.
Author Contact Information
Michael V. Seitzinger
Legislative Attorney, 7-7895
48 S. 1437, 95th Cong., 2d Sess. (1978).