Monday, March 9, 2015

GOP Wants Foreign Policy w/o The President: Action May Be Unlawful

GOP Senators Send Warning Letter to Iran: Deal with Us, Not Obama
(in essence that is the GOP message - see more below)


This moment may be right for a Rick Perry “oops” faux pas. Stay tuned … the worst may yet be on the way.
1st MAJOR UPDATE: Original post follows this update.

I note: The GOP always screeches about “Obama is a lawless president..., etc. etc.” So, how about a huge Rick Perry "oops" at this point. This from Cornell law - vis-a-vis the Senate letter today to the leaders of Iran about ignoring any agreement with Mr. Obama without Congressional approval on re: Iran’s nuclear program.

Cite: 8 U.S. Code § 953 - Private Correspondence With Foreign Governments

The Current Law is Pub. L. 113-296, except 113-287113-291113-295.

"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, with intent to influence the measures or conduct of any foreign government or of 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."

Also cite: The Logan Act (1 Stat. 613, 30 January 1799, currently codified at 18 U.S.C. §953) is a United States federal law that forbids unauthorized citizens from negotiating with foreign governments. It was passed in 1799 and last amended in 1994. Violation of the Logan Act is a felony, punishable under federal law with imprisonment of up to three years.

The Act was intended to prohibit United States citizens without authority from interfering in relations between the United States and foreign governments.

Original Post Starts From Here: Wow - what a story (developing) reported on from many sources, including here from Bloomberg and below from the AP:

A group of 47 Republican senators has written an open letter (click to read the letter) to Iran's leaders warning them that any nuclear deal they sign with President Obama's administration won’t last after Obama leaves office.

Great debate here on this topic as this graph depicts (about 15 minutes) - worth your time:

GOP Sen. Cotton (AR) and Sen. Graham (SC): War Hawks Above All Else
(Inciting for more ME blood, as long as it's not theirs)

… [the letter] Organized by freshman Senator Tom Cotton and signed by the chamber's entire party leadership as well as potential 2016 presidential contenders Marco Rubio, Ted Cruz and Rand Paul, the letter is meant not just to discourage the Iranian regime from signing a deal but also to pressure the White House into giving Congress some authority over the process. (Note, if it were a treaty then the Senate must be involved, if not, they should nose out and bug off). 

Cite: The constitution:

"The President... shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur ... (REF: ARTICLE II, SECTION 2, CLAUSE 2)
More at the above Bloomberg link. This from the AP, via my AOL email:

WASHINGTON (AP) – Forty-seven GOP Senators warned today (Monday, March 9, 2015) that any agreement the Obama administration strikes with Iran to limit Tehran's nuclear program may be short-lived unless Congress approves the deal.

In an open letter to Iranian leaders, Sen. Tom Cotton (R-AR) got 46 other Republicans to say that without congressional approval, any deal between Iran and the U.S. would be merely an agreement between President Barack Obama and Iran's supreme leader, the Ayatollah Ali Khamenei, and “… the next president could revoke such an executive agreement with the stroke of a pen, and future Congresses could modify the terms of the agreement at any time.”

Though the letter is addressed to leaders in Tehran, it seems as much aimed at delivering a message to President Obama.

Nearly all Republicans and some Democrats want Congress to vote on any agreement.

The pact the U.S. bargainers are currently working on does not require congressional approval because it is not a treaty (which would require a two-thirds majority Senate vote to ratify).

The U.S. and other nations are seeking a pact that would let Western powers verify that Iran will not obtain a nuclear weapon, with the next negotiations scheduled for March 15, with wide gaps still between the two sides. The deadline for an outline of a U.S.-Iranian deal is at the end of March.

Iran has said its nuclear program is peaceful and is aimed at producing energy. There was no immediate Iranian government reaction to the letter or any discussion of it in Iranian media.

My Views: In all honesty, the GOP strikes fear and stokes the flames of hatred and discontent with this type behavior even before anything is resolved … that stinks to high heaven, but they don’t care about that or consequences at the end of the day. 

All the GOP wants is to keep their base in tow and win the whole damn seat of government in 2016 and rule with a iron fist, all the while claiming that Mr. Obama and DEMS have done the same – which is a blatant lie and they damn well know it.  

The public should take a strong exception to this GOP stunt, for it is a stunt, and a very nasty one at that. We should take them to task and cool their heels by telling them to butt out …

Finally, if this were to turn out shitty, guess who would duck and blame everyone in sight, except themselves? Yep ... the Goofy Old Poops.

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