An open letter from 47 senators to Iran officials
Signed by these senators, was a letter sent to officials in Iran that attempt to explain the political legal system in America, with the end result being that the next administration or congress could do away with whatever agreements the current one makes.
The Foreign Affairs Minister of Iran responded basically saying "The world is not America. When you make agreements in the international community, you are doing so under international law. One nation cannot use it's inner legal system to skirt on agreements made under international law."
I've seen a few articles arguing that there actions are treasonous. However, treason, as defined by Article 3 Section 3 of the US constitution, is when someone "[...] owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere." and in 1807 our highest court ruled that there must be a literal assembly of men for the treasonous purpose to constitute 'levying war'
So, unless Iran halts all negotiations and mobilizes their troops against ours, there is no argument there. And if they do, it would have be proven that the letter's intent was to spark the warfare to have grounds for an indictment. Then it would be up to the courts to decide whether or not there is sufficient evidence that the letter caused them to do so.
However, under the Logan Act of 1799, they have committed a felony. It states:
I don't foresee the current administration seeking to press charges, and if they did I sincerely doubt there would be any prison sentences. But, I decided to cross reference these senator's states' laws regarding a vacated senate seat with a list of each governor and his associated party.
5 States would have the governor replace the vacated seat with someone of the same party of the one who vacated the seat. So that's 5 seats going to Republicans.
7 states would hold a special election for 12 seats. Only one of these seats is in a state that may be seen a 'swing' state depending on how partisan the congressional districts have been drawn. So That's at least 11 more seats going to Republicans.
21 seats are from states where the governor has full discretion to chose the replacement but have a Republican Governor. So that's another 21 seats back to republicans
9 Seats are within states with a Democrat as Governor who has full discretion to appoint the replacement. So that's a likely 9 seats to Democrats.
In the wholly unlikely outcome that each of these politicians face jail time, there is a likelyhood that Democrats would take 9 seats back in congress. Changing the breakdown from 54R:44D:2I to 45R:53D:2I. Giving Democrats senate majority.
The Foreign Affairs Minister of Iran responded basically saying "The world is not America. When you make agreements in the international community, you are doing so under international law. One nation cannot use it's inner legal system to skirt on agreements made under international law."
I've seen a few articles arguing that there actions are treasonous. However, treason, as defined by Article 3 Section 3 of the US constitution, is when someone "[...] owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere." and in 1807 our highest court ruled that there must be a literal assembly of men for the treasonous purpose to constitute 'levying war'
So, unless Iran halts all negotiations and mobilizes their troops against ours, there is no argument there. And if they do, it would have be proven that the letter's intent was to spark the warfare to have grounds for an indictment. Then it would be up to the courts to decide whether or not there is sufficient evidence that the letter caused them to do so.
However, under the Logan Act of 1799, they have committed a felony. It states:
| Logan Act wrote: |
|---|
| 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. |
I don't foresee the current administration seeking to press charges, and if they did I sincerely doubt there would be any prison sentences. But, I decided to cross reference these senator's states' laws regarding a vacated senate seat with a list of each governor and his associated party.
5 States would have the governor replace the vacated seat with someone of the same party of the one who vacated the seat. So that's 5 seats going to Republicans.
7 states would hold a special election for 12 seats. Only one of these seats is in a state that may be seen a 'swing' state depending on how partisan the congressional districts have been drawn. So That's at least 11 more seats going to Republicans.
21 seats are from states where the governor has full discretion to chose the replacement but have a Republican Governor. So that's another 21 seats back to republicans
9 Seats are within states with a Democrat as Governor who has full discretion to appoint the replacement. So that's a likely 9 seats to Democrats.
In the wholly unlikely outcome that each of these politicians face jail time, there is a likelyhood that Democrats would take 9 seats back in congress. Changing the breakdown from 54R:44D:2I to 45R:53D:2I. Giving Democrats senate majority.
That's what the left is saying which is weird twist giving that "treason" is a word that the Tea Party likes to associate with Obama. Reading the act as it is certainly seems like treason, but what if there's some declaration in Article x that states x to the contrary? In any case,we agree that nothing will happen regardless. It seems to me that Republicans are really making it easy to have another democrat president.
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