Kerry's Shadow Diplomacy: Is Prosecution Possible?

John Kerry, the former US Secretary of State, has been accused of conducting shadow diplomacy with Iran. Kerry has admitted to holding multiple meetings with Iranian officials without the knowledge of the Trump administration. These meetings, held with the likes of Iranian Foreign Minister Javad Zarif, German President Frank-Walter Steinmeier, and French President Emmanuel Macron, were aimed at salvaging the 2015 Iran nuclear deal. While some have argued that Kerry's actions violate the Logan Act, which prohibits private citizens from negotiating on behalf of the US government, others defend his actions as no different from those of previous secretaries of state. The question remains: can John Kerry be prosecuted for his involvement in shadow diplomacy?

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John Kerry's meetings with Iranian officials without the knowledge of Trump administration officials

John Kerry, the former Secretary of State, has been accused of conducting shadow diplomacy with Iran. This involves meeting with Iranian officials without the knowledge of Trump administration officials. Kerry has admitted to multiple meetings with Iranian Foreign Minister, Javad Zarif, and other foreign leaders, including German President Frank-Walter Steinmeier and French President Emmanuel Macron. These meetings were aimed at salvaging the 2015 nuclear agreement between Iran and world powers, which Kerry had helped negotiate during the Obama administration.

Kerry has defended his actions, stating that all former secretaries of state continue to meet with foreign leaders and attend security conferences worldwide. He also argued that shadow diplomacy has, in the past, saved the US from war, citing the Cuban Missile Crisis in 1962 as an example of successful behind-the-scenes negotiations.

Despite Kerry's defence, many Republicans consider these meetings to be illegal and a direct violation of the Logan Act. This Act prohibits private citizens from negotiating on behalf of the US government without authorization. However, to date, no one has been successfully prosecuted under this law.

The accusations of illegal shadow diplomacy against Kerry were made by President Trump and his supporters in 2018 and again in 2019. They argued that Kerry's actions undermined and sabotaged US foreign policy, particularly regarding the Iran nuclear deal. Trump tweeted that the United States did not need Kerry's "possibly illegal Shadow Diplomacy" and that Kerry had created a "MESS" with the Iran Deal.

In 2024, five GOP lawmakers, led by Rep. Mike Waltz of Florida, sent a letter to the State Department demanding that Kerry disclose all records of his "private correspondence" with former Iranian officials. This indicates that the controversy surrounding Kerry's shadow diplomacy continues to be a subject of concern for lawmakers, particularly in the context of a potential Trump return to the White House.

Kerry's violation of the Logan Act

John Kerry, the former US Secretary of State, has been accused of engaging in "shadow diplomacy" with Iran. Kerry has a history of unofficial meetings, including with Iranian officials during the Munich Security Conference and with the leader of the Palestinian Authority. While Kerry justifies his actions by stating that "depending on what it involves, shadow diplomacy has also saved us from a war", his actions have raised concerns about the violation of the federal Logan Act.

The Logan Act, officially known as 18 U.S.C. § 953, was enacted on January 30, 1799, as a result of political disputes between the Federalist and Democratic-Republican parties. The Act makes it a crime for unauthorised American citizens to negotiate with foreign governments in disputes with the United States. Specifically, it states that:

> [I]t is forbidden for any American citizen, 'without authority of the United States', to 'directly or indirectly commence or carry on any verbal or written correspondence or intercourse with any foreign government or 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'.

In the case of John Kerry, he was accused of meeting with Iranian officials and attempting to salvage the Iran nuclear deal, which could be seen as an attempt to "defeat the measures of the United States". This is similar to the case of Michael Flynn, who was accused of violating the Logan Act when he contacted Russia as a member of the Trump transition team.

While some have called for Kerry to be prosecuted and face jail time, others argue that the Logan Act is unenforceable or unconstitutional. There are also accusations of hypocrisy, as those who criticised Flynn for his contacts with Russia remained silent on Kerry's actions. Despite the accusations, no formal charges have been brought against Kerry, and the debate around his actions continues.

Trump's condemnation of Kerry's actions

In 2018, former US President Donald Trump took to Twitter to criticise John Kerry's "possibly illegal Shadow Diplomacy" regarding the Iran Deal. Trump also suggested that Kerry should be visited by the FBI.

In 2022, it was revealed that Trump's Justice Department had pushed for a criminal investigation of Kerry, specifically related to his Iran-related conduct. This push for an investigation came days after Trump publicly attacked Kerry on Twitter over the Iran nuclear deal. Despite the pressure from the Justice Department, the U.S. attorney's office in Manhattan, led by Geoffrey Berman, declined to prosecute Kerry. The request was then sent to another U.S. attorney's office in Maryland, which also declined to prosecute.

Trump's criticism of Kerry's actions stems from the perception that Kerry was working to undermine and sabotage US foreign policy while serving as a private citizen. This includes Kerry's meetings with Iranian officials and his involvement in the Iran nuclear deal negotiations. Trump withdrew the US from the accords around the same time as his public condemnation of Kerry.

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Kerry's refusal to disclose information

John Kerry, the former US Secretary of State and special presidential climate envoy, has been accused of conducting "shadow diplomacy" with Iran. Kerry has been tight-lipped about his activities, refusing to disclose information about his staff and the details of his meetings with Iranian officials.

In 2018, President Trump accused Kerry of engaging in "possibly illegal" shadow diplomacy to preserve the Iran nuclear deal. According to reports, Kerry met with Iranian Foreign Minister Javad Zarif and other foreign dignitaries in an attempt to salvage the 2015 nuclear agreement. Despite these reports, Kerry has refused to respond to the allegations.

Many Republicans, including five GOP lawmakers led by Rep. Mike Waltz of Florida, have demanded that Kerry disclose details of his "private correspondence" with Zarif. They argue that Kerry's actions may have violated the federal Logan Act, which prohibits private citizens from negotiating on behalf of the US government without authorization.

Kerry has defended himself by stating that it is common for former secretaries of state to stay in touch with their foreign counterparts and attend security conferences worldwide. He also justifies his actions by claiming that "depending on what it involves, shadow diplomacy has also saved us from war," referencing the Cuban Missile Crisis in 1962 as an example of successful back-channel negotiations.

Despite the demands for transparency, Kerry has continued to refuse to divulge the requested information, and as of 2024, he has still not revealed the full details of his staff or the nature of his meetings with Iranian officials.

Kerry's defence of his actions

John Kerry has been accused of conducting shadow diplomacy with Iran, particularly in relation to his meetings with Iranian officials without the knowledge of Trump administration officials. However, Kerry has defended his actions, stating that he was simply staying in touch with his former counterparts around the world, just like every previous Secretary of State. He believes that it is important to maintain relationships and conversations with foreign leaders to understand the state of affairs in the world.

Kerry has also argued that his actions were not illegal and did not violate the Logan Act, as he was working to keep in place a measure of the United States. The Logan Act prohibits private citizens from negotiating on behalf of the US government without authorization, but Kerry claims that he was not attempting to defeat or influence the conduct of foreign governments. Instead, he was trying to preserve the Iran nuclear deal, which he had helped negotiate during the Obama administration.

In addition, Kerry has suggested that shadow diplomacy has, at times, been necessary to prevent wars. He cited the Cuban Missile Crisis in 1962 as an example of successful back-channel conversations that helped resolve a tense situation. Kerry believes that his efforts to salvage the Iran nuclear deal fall into a similar category, as they were aimed at maintaining stability in the region and preventing potential conflict.

Finally, Kerry's defenders have pointed out the lack of prosecution under the Logan Act, which no one has ever been successfully prosecuted under. They argue that the accusations against Kerry are politically motivated and that the focus should be on the substance of his efforts to preserve the Iran nuclear deal, rather than on any perceived procedural issues.

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