Legal Question in Constitutional Law in Ohio

Re: federal courts

Can you file such a suit? Of course. Can you win? No.

Why? Well, for one thing the Logan Act (18 U.S.C. � 953) is a criminal law and does not create a civil cause of action. Only the federal government can bring charges under this Act.

Perhaps more importantly, Speaker Pelosi's recent meeting with the President of Syria (which I presume is what prompted your question) did not violate the Logan Act at all. The Act forbids citizens "without authority of the United States" to try to negotiate with foreign governments in order to influence those governments' policies and actions toward the U.S. I don't believe Ms. Pelosi had that kind of discussion with President Assad (they discussed Syria's policies and actions toward Israel and its role in terrorism), but even if she did it would be hard to argue that the Speaker of the House of Representatives lacks the authority of the United States to do so.

President Bush disapproved of Pelosi's trip, but he is the head of the executive branch and she is, for all practical purposes, the head of the legislative branch. The Logan Act requires authorization by "the United States", which is not the same thing as "the President of the United States". As an elected member of Congress and as the speaker, Ms. Pelosi has this authority herself and need not obtain the authorization of others. She can't negotiate a treaty, but she didn't try to. Simply discussing foreign policy would have been within her authority.

Whether Speaker Pelosi's actions were wise is one thing, but whether they were legal is another. I see no reason to doubt that they were.