Finally Its HAPPENING NOW: Trump Just Dropped A Bomb On John Kerry's SHADOW Diplomacy
Trump says John Kerry's efforts to try to keep the u.s. in the Iran nuclear
deal might be illegal let's get more from correspondent Richardson at the
State Department tonight the Secretary of State is meeting with officials from
Iran Germany France and the European Union to hold together the Iran nuclear
deal the problem for the Trump administration that's former Secretary
of State John Kerry the White House is dismissing Kerry's effort President
Trump tweeted quote the United States does not need John Kerry's possibly
illegal shadow diplomacy on the very badly negotiated Iran deal he was the
one that created this mess in the first place I don't think that we would take
advice from somebody who created what the president sees to be one of the
worst deals ever made I'm not sure why we would start listening to him now a
source close to Kerry says the US should be pushing for Iran to continue sticking
to its obligations under the deal and there's nothing wrong with advocating
that in a statement the former secretary spokesperson says quote secretary Kerry
stays in touch with his former counterparts around the world just like
every previous Secretary of State like America's closest allies he believes it
is important that the nuclear agreement which took the world years to negotiate
remain effective his country's focus on stability in the region one former
senator disagrees John Kerry is not negotiating on behalf of the US
government I hope everybody he's talking to knows that but in my opinion what
he's doing is inappropriate and he shouldn't be doing it Republicans
complain of a double standard claiming the criticism of John Kerry's light are
non-existent where many objected to then eventual national security adviser
Michael Flynn as he discussed Russian sanctions with Russian officials before
President Trump took office the Boston Globe first reported Kerry's quiet
diplomacy for weeks the Europeans have publicly lobbied the Trump
administration to stay in the deal the United Kingdom's foreign secretary Boris
Johnson did so this morning visiting Secretary of State Mike Pompeo as the
public lobbying campaign concludes less than 24 hours before President Trump
announces his decision one European diplomat says the chances the u.s. stays
in this deal are very small and that it's pretty obvious that unless
something changes soon the president will refuse to waive the
sanctions that keep the United States in the Iran deal
Brett Richardson live the State Department rich thanks what do you think
do you think former Secretary of State John Kerry is breaking the law by
conducting the shadow diplomacy I'm telling you across the board
economically politically militarily and even morally we would pay in a
miserable price for this unilateral reversal back in 2015 when Secretary of
State John Kerry stumped for his Iran nuke deal he really liked it as you
heard there he thought that this was the solution to everything and apparently he
still does because he's out there talking his own book talking to France
talking to Iran and he's certainly under fire right now there's a report that
says he is engaged in what you would call shadow diplomacy out there meeting
with the Iranian Foreign Minister to brainstorm ways to somehow save this
deal this deal which by the way everybody agrees it's not such a great
deal it's a deal that actually could lead to problems down the road and then
we have some kind of deal like this with North Korea and now look at what we're
dealing with with North Korea a lot of people are calling this a violation of
what is known as the Logan act this is very interesting and I want to share
with you exactly what this act is it's written to say the Logan Act is
basically a law that makes it a crime for unauthorized citizens to negotiate
with foreign governments having a dispute with the u.s. in other words if
you're in a challenging situation like we are right now with Iran you as a
private individual and that's what he is now a private individual can't go and
start negotiating or trying to work with the French and work with the Iranians to
come to some kind of deal I want to share again with you what the Logan Act
is it it it's written to say any citizen in the United States wherever he may be
who without authority of the United States directly or indirectly commences
or carries on any correspondence or horse with a foreign government 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
so specifically controversies notice that with the United States shall be
fined under this title or imprisoned not more than three years or both so what is
John Kerry thinking here trying to preserve his legacy I mean is this a
legacy that you even want to pursue maybe he would be better off sitting by
the sidelines and allowing the current administration to decide what is best
for us and work with our allies in Europe to get them on board as well mr.
Kerry says in response to this report actually this is a spokesperson I should
say for John Kerry like America's closest allies he believes it is
important that the nuclear agreement which took the world years to negotiate
remain effective as countries focus on stability in the region
so again John Kerry really likes the agreement he really wants it to stick he
wants it to stay I guess the big question is is he actually crossing a
line it feels almost like a kind of espionage if he's out there talking to
the Iranians and talking to the French and say no no wait we can make this
happen is he basically over using his former position Robert I mean I saw this
story and I thought my goodness I mean they talk about Trump colluding with the
Russians how about Kerry colluding with the Iranians it seems as though if the
president is trying to negotiate some kind of better deal I guess I just have
to ask what's Kerry doing in there mixing it up yeah Trish you're exactly
right and your analysis is exactly right it's very disappointing at best it's a
gross indiscretion at worst it's really extreme disloyalty and you know it's
hard to get inside John Kerry's head I'm not sure I'd want to be there but he's
he's a very he believes that he's doing God's work no doubt out there is the
same guy that opposed the Vietnam War and called it
war-crime the same guy that opposed the 2001 george w bush would draw from the
ABM anti-ballistic missile treaty and it would be as if he was over with the
Russians trying to figure out a way how to not get out of the ABM Treaty it does
raise legal issues and there two of them right off the top you mentioned the
Logan Act it's difficult that Act hasn't been enforced in 119 years although it
has been referred to by the Supreme Court three times it is a act that
prevents exactly what you suggest it per it prevents someone from doing private
diplomacy no matter how smart they think they are the second piece of it is
article 3 section 3 Clause 1 of the United States Constitution which says
that you cannot provide aid and comfort or adhere to the enemy and I think there
is frankly just about no country in the world that fits more precisely into the
definition of a sworn enemy of the United States than Iran you know my
final thought for you is on this sort of what do you do about it
people say well prosecute and I you know again it's an iffy proposition you know
professor Dershowitz up at Harvard has said that it's probably
unconstitutionally vague the Logan Act and if it is then let's just get it off
the books and if it isn't then let's use it it's certainly disloyal if nothing
else yeah it certainly is its extreme disloyalty I would say the four things
you ought to do right now is the Justice Department ought to issue a cease and
desist order and say just stop doing this he's been for months negotiating
with the foreign minister of Iran the second thing I think I'd do is do
exactly what Sally Yates did to Mike Flynn I'd send two or three FBI agents
over and have a debrief and say exactly what information did you share as a
former secretary of state with Iran as well as with the Europeans third thing I
would do I think you know whether you call that an investigation or a matter
doesn't really matter but the bottom line is I would send somebody over there
to talk with him and the third thing I would do is he has a courtesy clearance
that he maintains as a secretary of state former I think I would suspend
that temporarily and sit down with him at the State Department and say what
exactly did you provide I think the agency the CIA might also have a
discussion with him the last thing I think I might do is have the White House
Counsel issue some kind of a deterrent letter saying henceforth and forevermore
we're not we're not we frown on the idea of you
going over and encouraging another country to negotiate against the United
States in an area that governs national security Maleeva Bolivian Carter did a
bit of this too didn't he Robert you know not really Jimmy Carter Jimmy
Carter was kind of a free agent that everybody understood was Jimmy Carter
and he would go over and try to get get people released from foreign countries
like Bill Richardson did and you know honestly it's it's not this kind of an
egregious offence what you're talking about Trish is months of negotiation
behind the scenes genuine shadow diplomacy he's got his own private State
Department working here trying to undermine the president and I think that
goes to a bigger point very simply put he has not accepted the 2016 election
results and still wants to play the game he played before Wow Wow
so what would you advise the Trump administration to do on this just and
say would you say yeah I think you start there I mean if it turns out that he has
shared information to which he was privileged by virtue of his clearance
and then that raises another another that raises another question it's
mind-boggling right Robert because they're going on about the Russians and
I'm like wait a second if this guy's talking to the Iranians yeah and he's
more than talking he's really having conversations about how to prevent the
withdrawal Robert it's good to see you thank you there too you didn't have your
perspective John is a shadow diplomacy how does that impact
I don't think it impacts it at all I think the president spoke out about that
pretty clearly and I don't think that we would take advice from somebody who
created what the president sees to be one of the worst deals ever made I'm not
sure why we would start listening to him now so the administration slamming John
Kerry for engaging in what they called shadow diplomacy after the former
Secretary of State no longer the Secretary of State is holding meetings
privately with Iranian officials trying to save the nuclear deal with Iran that
he helped broker but that deal could come to a halt potentially tomorrow
because we know now that the president will make his feelings known his
decision known on this he said I'll announce my decision on the deal
tomorrow from the White House at 2:00 p.m. and so now the countdown is on so
what will happen and will world leaders buy into this here now mark Tisa
American Enterprise Institute scholar and Fox News contributor mark good to
have you with us good morning you know when you look at
the definition of the Logan Act it essentially says that you know private
individuals are not allowed to make any kind of deal or negotiation with any
foreign leader or or attempt it seems pretty clear even though it's never used
yeah it's never used and it's a if you talk to most conservative legal scholars
they would tell you it's unconstitutional but I don't know
whether what John Kerry did was illegal but it is certainly outrageous and it's
certainly hypocritical I mean if you recall in 2015 when John Kerry was
negotiating this horrible Iran deal Tom cotton and 46 Republican senators wrote
a letter to Iran's leaders in which they explained simply explained the Senate's
role in an advice and consent in the approval of international agreements and
John Kerry was outraged he expressed is at his utter disbelief at their
irresponsible actions he said this is a quote to write the leaders in the middle
of a negotiation is quite stunning and ignores more than two centuries of
precedent in the conduct of American foreign policy
now Tom cotton was and is a sitting united state senator the Senate has a
constitutional role in American foreign policy John Kerry has a constitutional
role in nothing he's a former official he has new people move off this stage
and you know as I think you pointed out and some thoughts that you sent to me
earlier you know be one thing if he was trying to rally with some of our allies
and encourage them to stand firm you know against any attempt to pull out of
the deal but instead he's rallying with the enemy yes he's working with a terror
he's he's working with collaborating with a terrorist state a regime that
hasn't that has rallies where people chant death to America in order to
undermine the foreign policy of the United States of America that now I hate
the tape to say this but that could be collusion with a foreign power wanted to
charge Mike Flynn with with the Logan Act the violations of the Logan Act she
was outraged that he was discussing things as a transition official with a
foreign ambassador I mean he was on the way in into government at that point so
you know it just you just have to deal with both things as apples and apples so
if it was outraged about that she should absolutely be outraged about this as
well right absolutely and look John Kerry is transitioned out of government
he is a private private citizen now his defenders what they say as well all
former secretaries of state keep in touch with with with their food their
colleagues around the world and Henry Kissinger did this he was a
globe-trotting diplomat for years after leaving government well there's a big
difference Henry Kissinger with especially at a time oment like this he
would actually ask the permission of the White House whether whether was a
Republican or Democrat president to go out and talk he would probably key was
sometimes carry a message from the president conversation or not let me
know I don't want to be you know unhealthy here let's take a look Ben
Rhodes obviously who was very involved as a member of the Obama administration
with this whole Iran deal as well is outraged because he is and he has the
understanding that there was an Israeli u.s. attempt to dig up dirt on the
people who developed this deal in order to discredit them but like a you know a
sort of dossier against the people who built this deal he says this is not
behavior that should be acceptable in a democracy at his thuggish mean-spirited
and Casta chilling and threatening cloud of over public service that risks
extending far beyond me and Colin cow was also named
what do you think mark you know what sit unacceptable in our democracy ben
rhoades ben rhoades is unacceptable in our
democracy ben rhoades is the is the least qualified person to ever sit in a
position of authority and foreign policy I doubt that the story is true I doubt
that Donald Trump's White House was doing this that maybe they say the Trump
team may have been involved in this that could be anybody I think Mike Pompeo and
John Bolton have better things to do cleaning up Ben Rhodes as messes than
than just to dig up dirt on Ben Rhodes we're worth remembering that Ben Rhodes
bragged about the echo chamber and the young journalists in their 20s who
didn't know anything about foreign policy that he was able to create this
echo chamber to support this Iran deal so I'm just worth worth pointing out
mark thank you good to see you as always thank you Thanks thank you god bless you
and God bless america
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