Did John Boehner VIOLATE THE LAW By Inviting Netanyahu to Address Congress?

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27. No.

The Logan Act has been on the books for 216 years and there has been exactly one indictment under it. One. Many scholars believe that its unconsitutional.

Beyond that, the idea of a progressive citing the Logan Act is bizarre. Yes, the right has threatened from time to time to bring Logan Act charges against, among others, George McGovern, Jesse Jackson, Nancy Pelosi, Stokely Carmichal, Jim Wright, and Jane Fonda. But they never did. Do you really think its a good idea for Democrats to be the ones that resurrect this dead letter of a law?

Finally, and most importantly, what Boehner did was obnoxious, rude, a breach of protocol. But it wasn't remotely a violation of law. Here's what the Department of State has said about the Logan Act, in connection with a visit by George McGovern and others to meet with Cuban officials in Havana in 1975:

"The clear intent of this provision is to prohibit unauthorized persons from intervening in disputes between the United States and foreign governments. Nothing in section 953, however, would appear to restrict members of the Congress from engaging in discussions with foreign officials in pursuance of their legislative duties under the Constitution."

Inviting a foreign official to give a speech is even less of an intervention in anything than going over to a foreign country and having two-sided discussions with that country's officials. If the latter isn't a Logan Act violation, then having a head of state speak to Congress isn't one either.