The Department of Justice has declared that the discussions by American Black leaders with the Palestine Liberation Organization in Lebanon is not a “prosecutable” case in violation of the Logan Act, Rep. James F. Sensenbrenner (R. Wis.) told the Jewish Telegraphic Agency. The Logan Act, which was enacted in 1799, prohibits any citizen from attempting to influence, without U.S. authority, any foreign government to defeat measures of the United States.
A letter from Philip Heymann, Assistant Attorney General in charge of the criminal division, ruled that the PLO is not a government, “as we understand it,” and since it “exists within-more than one particular country, there is a serious question as to whether it would meet the definition of ‘foreign government.'”
“Further,” the Heymann letter said, “because the announced purpose of the visits to the PLO and Israel was to seek peace in the Middle East, it is not at all clear that the matter discussed related to a dispute or controversy between the PLO and the United States.”
Sensenbrenner and 13 other Republican Representatives two week ago, in a letter to Attorney General Benjamin Civiletti, called for U.S. investigation of possible violations of the Logan Act because of actions taken by Jesse Jackson, Joseph Lowery and Walter Fauntroy.
Sensenbrenner expressed disappointment with the Justice Department position. The Heymann letter had also said that the Justice Department has “recommended” that the Logan Act, which has never been invoked successfully, be dropped entirely from the revised U.S. Criminal Code being considered by Congress.
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