One can make a reasonable case that sending the letter to Iran was a criminal act.
Here is the text of the Logan Act, passed in 1799 and last amended in 1994. Violation of the Logan Act is a felony, punishable under federal law by imprisonment of up to three years. (
Reference)
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 Republican Senators' letter has the following three elements, right out of the definition of the crime:
1. Correspondence with a foreign government (whether direct or indirect, in the form of an “open letter”, doesn't matter to the law).
2. Without the authority of the United States (it enjoys no imprimatur from the executive branch nor, for that matter, from Congress as an institution).
3. With the pretty clear intent “to influence the measures or conduct of” the government of Iran in relation to a 'dispute or controversy with the United States.' Why send it, otherwise?
Why should it not be considered a crime? Of course, the last prosecution under that act was in 1803, and it might not be a good political move, but still . . .
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A friend sent the above to me.
Yes, they're traitors but they'll never be prosecuted.