OF THE
TIMES
We do not know what else McCain and Graham promised Poroshenko out of sight of the cameras. But lo and behold, within weeks of this trip, Kiev started a new round of shooting.
The only possible motive for this outbreak of hostilities is a desperate attempt to regain the lagging sympathy of the world - a world long tired of Kiev's crying wolf over "aggression" and looting billions of money intended to boost its economy. It is also another attempt to sabotage any US-Russian reconciliation.
John McCain and Lindsey Graham are two men totally bought and paid for by the military-security establishment. They serve the CIA and the Neocon ideologues who want to spread American influence by force and believe in provoking conflict where necessary.
Just a few days ago, the US President accused the two men of trying to start World War III:
Donald J. Trump is now president of the United States. The president is head of state, and he directs foreign policy. Period. Yes the senate has the right to "advise and consent" on treaties and appointments, under the constitution. But the constitution does not grant congress the right to conduct an independent foreign policy.
In fact, under the Logan Act, it is a felony for any US citizen to interfere in US foreign policy without "the authority of the United States." Here is the full text of the act:§ 953. Private correspondence with foreign governments.1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).
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.
In United States v. Curtiss-Wright Export Corp., 299 U.S. 304 (1936), Justice Sutherland, writing for the Court, observed that the authority to represent the country abroad lies entirely with the president:[T]he President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it. As Marshall said in his great argument of March 7, 1800, in the House of Representatives, 'The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations.John McCain and Lindsey Graham do not have the "authority of the United States" to represent the country abroad. They do not have the authority to promise weapons to Ukraine, or to suggest US support for a new offensive. That authority belongs exclusively to the president and his duly appointed officers within the executive branch. (In general, the secretary of state, ambassadors, and members of the foreign service.) There is no indication then-president Barack Obama granted them such authority. And President Donald Trump certainly will not.
The Logan Act has often been discussed in cases of politicians abroad appearing to interfere in the president's foreign policy positions. Legal scholars are generally unenthusiastic about the prospects of applying it to members of congress. Though the law has been on the books since 1799, there has only ever been one prosecution under the act, and it failed.
I say it's never too late to start.
Comment: See also: