Jared Kushner just flagrantly violating the Logan Act multiple times. Will anything come of it? Doubtful.

  • FlowVoid@lemmy.world
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    2 months ago

    Nobody has ever been found guilty of violating the Logan Act. Nobody has even been charged with it in over 150 years.

    Why? Probably because prosecutors realize that in the modern era, a 1798 law that bans “commencing or carrying on any correspondence with a foreign government” would almost certainly be struck down on First Amendment grounds.

    • Flying Squid@lemmy.worldOP
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      2 months ago

      You do not have a first amendment right to negotiate a contract on behalf of an unwilling partner.

      • FlowVoid@lemmy.world
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        2 months ago

        The Logan Act says nothing about contracts.

        It bans “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”.

        Trying to influence others is fundamentally protected by the First Amendment, even if (especially if!) your interests are not the same as those of the government.

        • Flying Squid@lemmy.worldOP
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          2 months ago

          It bans “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”.

          What exactly do you think negotiating U.S.-Saudi diplomacy when he wasn’t tasked to by the government is doing?

          • FlowVoid@lemmy.world
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            2 months ago

            He is trying to influence Saudi-US diplomatic relations, which we all have a First Amendment right to do.

            He isn’t “negotiating a contract”, because only agents of the US government can negotiate contracts with the US.

            • Flying Squid@lemmy.worldOP
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              2 months ago

              What you quoted literally says it’s banned. I mean “with intent to influence” is right there in the text you quoted. Did you even read it?

              • FlowVoid@lemmy.world
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                2 months ago

                Yes, I quoted the Logan Act to point out that it’s directly at odds with the First Amendment. A law that bans “influencing” someone will quickly be ruled unconstitutional as soon as anyone tries to enforce it.

                There are many anachronistic laws that are still on the books but will be thrown out if anyone tries to enforce them today. For example, in some states homosexuality is technically banned, but those bans are unenforceable and people “flagrantly violate the law” every day.

                • kevindqc@lemmy.world
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                  2 months ago

                  Interesting that his law, signed into law by a founding father no less, is an anachronistic law, but the constitution is supposed to be rock solid and the law of the land. Looking at you, second amendment

        • zaph@sh.itjust.works
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          2 months ago

          Trying to influence others is fundamentally protected by the First Amendment, even if (especially if!) your interests are not the same as those of the government.

          Charles Manson would like to hire you as a lawyer.

          • FlowVoid@lemmy.world
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            2 months ago

            Charles Manson was guilty of murder and conspiracy, which are more than just influencing others. Both require taking some concrete action.

            • zaph@sh.itjust.works
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              2 months ago

              Oh so you just have no idea what he’s in jail for, got it. He never murdered anyone, he famously convinced other people to commit murder and got convicted of murder himself. You know, the complete opposite of what you think the 1st amendment protects you from.

              • FlowVoid@lemmy.world
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                2 months ago

                He didn’t just convince people. For example, in one of the murders he drove with his accomplices to the crime scene.

                Prosecutors can use any concrete action, no matter how minor, to tie him to the murder. Manson’s gun was used in the Tate murders, which is more than enough. But even giving the others a place to stay can be enough.

                • Maggoty@lemmy.world
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                  2 months ago

                  Shit, we better get to locking up all the parents. Sorry Ma and Pa, he lived under your roof for 15 years obviously you’re an accessory.

        • GreenKnight23@lemmy.world
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          2 months ago

          you’re misrepresenting the first amendment and you know it. why are you like this? is this who you want to be?

          pathetic.

        • Maggoty@lemmy.world
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          2 months ago

          International diplomacy without being an elected official or appointed by one is not protected speech. Using overly reductive language to make it sound like a campaign stop won’t change that.

          • FlowVoid@lemmy.world
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            2 months ago

            The SCOTUS has made pretty clear that all speech is protected unless it falls into one of these categories:

            • Incitement
            • Obscenity
            • Defamation
            • Fraud
            • Illegal advertising
            • Fighting words
            • Threats
            • CSAM

            “International diplomacy” isn’t among the exceptions, and therefore it’s protected.