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Another Perspective

Premature Presidency

Senator Barack Obama's recurring habit of interfering in U.S. relations with foreign nations represents more than petty, cheap shot politics. It appears to be a violation of the Logan Act.

Established in 1799, the Logan Act made it a crime for any U.S. citizen to engage in activities "with any foreign government … in relation to any disputes or controversies with the United States, or to defeat the measures of the United States." The act even prohibits members of Congress from acting unilaterally.

The report of Obama's attempt last June to obstruct the negotiation of a status of forces agreement between the U.S. and Iraq is exactly the type of interference the Logan Act outlawed. According to Samir Sumaidaie, the Iraqi ambassador to the U.S., Obama "urged Iraq to delay the [memorandum of understanding] between Iraq and the United States until the new administration was in place."

Obama's desire to withdraw all U.S. forces from Iraq in 16 months is exactly the development the demoralized and virtually defeated Al Qaeda in Iraq could use to reconstitute and reenergize its force of terrorist fighters. The Obama plan would snatch defeat from the jaws of victory. In spite of how completely wrong such a strategy would be, occupying the presidency would give Obama the right to implement such a plan. That is, unless Congress were to enact legislation over an Obama veto that would block his hurried withdrawal plan.

However, Obama is not the president and possibly may not become the president in 2009. To send mixed signals and undermine current foreign relations strategies by negotiating a side deal is unstatesmanlike, at the very least, and perhaps illegal.

Widespread press accounts of Obama's activities in support of Kenya's opposition candidate Raila Odinga in August 2006 and again earlier this year indicate he was meddling in state affairs that have a direct bearing on U.S. relations.

Kenya has been the most stable and democratic country in sub-Saharan Africa since its 1963 independence. Neighboring states Somalia, Ethiopia, Sudan and Uganda have been marked by religious, tribal and economic strife for decades. Tanzania to the south is among the world's poorest nations. In contrast, Kenya has been a regional center of trade and finance and has been an American tourist destination. Kenya has also been a frequent port of call for U.S. Navy ships operating in the Indian Ocean.

"I am here not as a grandson anymore but as a senator and a representative of the U.S. government," Obama announced on his August 26, 2006 visit to his father's village. "When I'm here I'm not on my own but accountable to the American government."

Such proclamations and Obama's concurrent actions and statements imply the U.S. had taken a position in the then-upcoming presidential race between incumbent President Mwai Kibaki and challenger Raila Odinga, who also happens to be Obama's first cousin. Obama's criticism of Kibaki was transparent when he announced, "Kenyans are now yearning for change and are frustrated over the leaders' tolerance of corruption." A government spokesman countered, "It is very clear that the senator has been used as a puppet to perpetuate opposition politics."

The spokesman was alluding not only to Obama's criticism of Kibaki but also to his frequent rally appearances with Odinga during his six-day Kenya visit. Odinga, who attended college in East Germany during the 1960s at the expense of the communist East German government, is an avowed Marxist. He even named his oldest son after Fidel Castro. Last year, Odinga partnered with Islamic leaders, promising to implement numerous Muslim demands in return for Muslim backing of his presidential candidacy.

After Odinga's sweeping loss in the December 2007 presidential race, his supporters launched an ethnic cleansing campaign targeting Christians and Kibaki's fellow tribesmen. The violence did not end until more than 1,500 Kenyans were killed, more than 500,000 were displaced and Kibaki offered to appoint Odinga as prime minister. Obama acknowledged interrupting his New Hampshire primary campaign to call Odinga during the worst of the ethnic cleansing.

The Logan Act was enacted to ensure the U.S. spoke with one voice and maintained one policy toward any nation, especially in tumultuous times. Attempting to torpedo a status of forces agreement with Iraq that protects U.S. troops or damage the political standing of a strong American ally during his reelection bid is more than just dangerous. It is against the law.

Letter to the Editor

topics:
Election 2008, Foreign Policy, Barack Obama, Iraq, Africa

Mark Hyman is a commentator appearing nationally on the television stations of Sinclair Broadcast Group, Inc.

Comments

Shannon Lucky| 10.28.08 @ 7:04AM

Nice pipedream. While I agree that Obama's conduct has been unlawful, he's a DEMOCRAT, and Democrats appear to be able to break any and all laws they so choose and not face any consequences. Bluntly, he ain't goin' up the river any time soon.

Although he should.

Boria| 10.28.08 @ 7:50AM

Shannon has it precisely right.
Americans fear the future in the hands of Democrats. Gun sales are up in all parts of the country...

Gavin V.| 10.28.08 @ 9:41AM

Wouldn't it be sweet if the Logan Act was enforced by our current President and his Justice Department? Wouldn't it be doubly sweet to see Obama indicted for violating the Logan Act, as he obviously has??

Yes, it would. But it will never happen...The Republicans simply don't have the stones.

Osprey1| 10.28.08 @ 10:24AM

Where are the stones in the Republican party? This should have been enforced way back when Nancy Pelosi decided to go to Syria and discuss fundraising, and U.S. Policy in the Middle East. Tossing it out against BO now will just make the Republicans appear desperate and mean spirited. Had we taken down Pelosi way back when then the precedent would have been set that these actions were not to be tolerated and BO could have been tried immediately after breaking this law not 6 months later a week before the election. Opportunity lost.

Of course as we stare at USA lost, American Ideals Lost, and our Country Lost, any option seems like a good one.

Remember if Obama is the answer, then the question was really, really stupid.

Avitar| 10.28.08 @ 11:04AM

Where will America go for justice? The Republicans are so gutless that it astounds. The Democrats believe in criminality as a way of life and they are protected by organizations like the EPA, IRS and FBI.

Gary| 10.28.08 @ 11:52AM

Nobody has the balls the follow-thru and bring this to a court of law.

Jean| 10.28.08 @ 12:13PM

Justice Department? What Justice Department? You mean the one that supports Obama?

Voter fraud, Voter registration fraud, illegal investigation, by state employees on private citizens. Campaign contribution fraud. Citizenship fraud. Illicit associations, that wouldn't garner Obama a job with the FBI, but will allow him a job to lord over the FBI. Hints at wanting to change the constitution, to add redistributions as a liberty, and probably more...

The DOJ, just sits there, and lets it happen. I guarantee there are an enormous amounts of illegalities they have on Obama, yet he's untouchable...because like most everyone else...they're in the tank for this man. Part of the regime.

stephanie| 10.28.08 @ 12:15PM

The "dim"ocrats don't give a damn about the laws of this land. The make their own as they go along and the spineless republicans will continue to sit by and let them destroy this country.
Grab your ankles folks 'cause we all know what's coming down the pike.

Comrade Dave| 10.28.08 @ 1:36PM

Welcome the the USSA. Any one for a tea party?

David J| 10.28.08 @ 4:15PM

Do laws mean anything, or can I just go steal anything I want with impunity?

Lakewood Bob| 10.28.08 @ 5:31PM

Always remember the MOTTO of the democrats: "Our Corruption Doesn't Count." Clinton lied, Berger stoled documents, William Jefferson took bribes, Franklin Raines cooked the books, and on, and on, and on. Nothing of any significance was or will be done.

Patrick| 10.28.08 @ 10:33PM

Well, if the US burns itself to the ground, at least I have marshmallows.

On the bright side, after four years of terrific mismanagement, "the Great Ponzi Scheme" will be bankrupt much sooner, taking everything but the shirts on our backs with it.

Oh well, so much for the Providence from Caesar.

Ms. Know| 10.30.08 @ 12:46AM

All I know is that more people will be on welfare under the socialist illuminati rule, and our tax dollars will be supporting them.

KD| 6.27.09 @ 9:10PM

Way, way later....

No mention of McCain and Georgia? Hyman, you have no stones, and you are an intellectually and morally bankrupt excuse for a man. Captain? You make this former enlisted Navy man sick.
FC1

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