The Logan Act of 1799


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If a U.S. senator visits a foreign country to coerce a foreign leader into releasing a criminal alien, they may violate the Logan Act (1799). The Logan Act prohibits unauthorized U.S. citizens, including senators acting outside official capacity, from engaging in communications with foreign governments to influence their actions in disputes or controversies involving the U.S. or to undermine U.S. policy.

The Logan Act – An Introduction: The Federalist …“The Logan Act, 18 U.S.C. §953, is an old but rarely-invoked federal statute prohibiting unauthorized private diplomacy with foreign nations. The Act provides: 

“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.”

“The key elements thus are (1) a communication with a foreign government; (2) without authority of the United States; (3) for the purpose of influencing the actions of the foreign government in relation to a dispute with the United States or of defeating U.S. policy.

“Congress passed the Act – officially titled “An act for the punishment of certain Crimes therein specified” – in 1799 and has not materially modified it since. The Act’s inspiration was George Logan, a Republican state legislator from Pennsylvania. During the undeclared “quasi-war” between the United States and France in 1798, Logan on his own initiative travelled to France and met with key French government officials in an effort to improve U.S.-French relations. Logan specifically recommended various actions that France might take to improve relations; the French government subsequently took some of these actions, eventually leading to resolution of the U.S-France dispute, although it is unclear whether Logan’s mission had any influence.”

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