Former Secretary of State John Kerry, who negotiated with Iran’s Foreign Minister Mohammad Javad Zarif the 2015 Iranian Nuke Deal, met with Zarif May 2 at the United Nations. Violating the 1799 Logan Act, Kerry, a private citizen, met with Zarif, a foreign government official, to influence U.S. foreign policy. Concerned that Trump will fulfill another campaign promise to scuttle Kerry’s 2015 Nuke Deal that handed Iran $150 billion in sanctions relief, together with another $16 billion in cash, Kerry engaged in backdoor diplomacy with Zarif. While Kerry has no influence over Trump’s May 12 decision, Kerry’s meddling shows how former government officials don’t know their boundaries under U.S. law. Calling Kerry’s actions “possibly illegal,” Trump ripped the former Secretary of State for undermining his foreign policy, a charge Kerry flatly denies.
Kerry sees his May 2 meeting with Zarif as an innocent gesture from a concerned private citizen who backs the 2015 agreement suspending Iran’s uranium enrichment program. Iran flatly denied that its uranium enrichment program was ever for military purposes, insisting it’s only for energy and medical isotopes. “I think every American would want every voice possible urging Iran to remain in compliance with the nuclear agreement the prevented war,” said Kerry’s spokeswoman Brooke Singman.. Kerry denies that he’s meddling in U.S. foreign policy, only urging Iran to stay in compliance with the agreement. Iran’s President Hassan Rouhani has made clear that he will order Iran’s nuclear agency to ramp up uranium enrichment again if Trump backs out of the 2015 accord. Kerry met with Zarif numerous times, German President Frank-Walter Steinmeir and French President Emannuel Macron.
Conducting “Shadow Diplomacy” without a government portfolio is strictly prohibited of U.S. citizens under the 1799 Logan Act. Trump campaign officials, including Atty. Gen. Jeff Sessions and former National Security Adviser Gen. Michael Flynn, were accused of violating the Logan Act by Democrats during the presidential transition for talking to former Russian Amb. Sergei Kislyak. Kerry attempted to salvage the Iranian Nuke Deal. “Secretary Kerry stays in touch with his counterparts around the world just like every previous secretary of state,” said Singman, denying that he’s meddling in U.S. foreign policy. Kerry’s left little doubt about his support of the Joint Comprehensive Plan of Action [JCPA], something Trump considers canceling. Singman’s spin about Kerry’s concerns as a private citizen shows why it’s difficult to prosecute anyone under the Logan Act.
Trump left little doubt in recent tweets that he thinks Kerry’s involved in illegal “Shadow Diplomacy.” But like most opinions, it’s difficult to prove that Kerry’s doing anything other than commiserating with former colleagues. “Like America’s closest allies, he believes it is important that the nuclear agreement, which took the world years to negotiate, remains effective as countries focus on stability in the region,” said Singman. Kerry knows that ending sanctions against Iran gave the Mullah regime added resources to develop ballistic missiles and spend on proxy wars in Syria in Yemen. Kerry says the 2015 agreement averted war but Iran and Israel have never been closer to war. Kerry, who has his eyes on the presidency in 2020, has been telling foreign leaders, including PLO Chairman Mahmoud Abbas, to ignore Trump’s foreign policy until a Democrat takes over in 2021.
Kerry’s statements to Zarif and other foreign leaders show he’s actively considering a presidential run in 2020. “The United States does not need John Kerry’s possibly illegal Shadow Diplomacy on the very badly negotiated Iran Deal,” Trump tweeted today. “He was the one that created this MESS in the first place!” Trump sees nothing but Iranian interference in the Middle East and Yemen, proving the Nuke Deal did nothing to rein in Iran’s destabilizing activity. More threats from Rouhani and Zarif, together with meddling from Kerry, practically guarantees that Trump will end the 2015 JCPA May 12. Whether Kerry’s actions violate the Logan Act or not, they send a message to foreign government to not take Trump seriously. Kerry has no idea whether Trump will get reelected in 2020. Kerry was beaten badly in 2004 when he ran against former President George W. Bush.
Kerry’s entitled to his opinion about the Iranian Nuke Deal. While he considers it his biggest accomplishment as Secretary of State, Trump and other feel otherwise. Speaking for foreign officials you hope Kerry can contain his ire while he disagrees with the president on this or other issues. Whatever Kerry’s or foreign leaders’ opinions, it’s Trump’s call as commander-in-chief to decide whether or not the Iranian Nuke deal helps or hinders U.S. national security. No one expects Kerry to be prosecuted under the Logan act for spouting off about the JCPA. If he plans to run in 2020, he should show more common sense than he did in 2004, when he couldn’t make his case against Bush-43. If Trump feels the U.S. has more leverage with Iran scrapping the deal, then the debate ends May 12. Acting like Trump’s an illegitimate president facing impeachment doesn’t change his authority under Article 2.