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The Logan Act

1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).

§ 953. Private correspondence with foreign governments.

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.

Scope and intent of the Act

In general, the Act is intended to prohibit American citizens without authority from interfering in relations between the United States and foreign governments.

Although attempts have been made to repeal the Act, it remains law and at least a potential sanction to be used against anyone who without authority interferes in the foreign relations of the United States.

Constitutionality of the Act

The President is the constitutional representative of the United States with regard to foreign nations. He manages our concerns with foreign nations, and must necessarily be most competent to determine when, how, and upon what subjects negotiation may be urged with the greatest prospect of success. For his conduct, he is responsible to the Constitution.

Proposed congressional actions

The chair of the House Judiciary Committee in the 109th Congress, F. James Sensenbrenner of Wisconsin, proposed a comprehensive revision and modernization of the federal criminal code in 2006. The bill, H.R. 6253, was not enacted into law. What is noteworthy is that the Logan Act was significantly revamped in the proposed legislation to prohibit only knowingly false statements made under oath.

The section revising the Logan Act was proposed to read as follows:

Sec. 923. False statements influencing foreign government — Whoever, in relation to any dispute or controversy between a foreign government and the United States, knowingly makes any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the United States or any department or agency thereof, to the injury of the United States, shall be imprisoned not more than ten years.

In June 2007, Representative Steve King introduced legislation that would prohibit Speaker of the House Nancy Pelosi from drawing on Federal funds to travel to foreign states which the U.S. deems to sponsor terrorism.

King claimed that Pelosi's dialogue with the Syrian government violated the Logan Act. [8] The amendment was not adopted.

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The Logan Act

Scope and intent of the Act

Constitutionality of the Act

Proposed congressional actions

Further reading:

See also: