Rep. Ilhan Omar’s Misguided Defense of John Brennan and The Logan Act: a Dangerous and Unconstitutional Law
28th November 2020
Whether or not one agrees with these two lawmakers on every issue, having members of Congress questioning and objecting to highly consequential foreign policies is inherently healthier than full-scale agreement or fear-driven acquiescence. Dissent strengthens all democracies. That is why I have relentlessly defended Congresswoman Omar, even in the face of less-than-ideally-phrased proclamations, from what I regard as bad faith accusations of bigotry and a lack of patriotism (just as I denounced moronic claims that Trump was a “traitor”): bad faith accusations of bigotry or treason are often designed to demonize attempts to question pieties and ostracize those who do it.
For that very reason, I was quite surprised to see that late Friday night, Congresswoman Omar, in response to something I wrote, defended not only former CIA Director John Brennan — who as Obama’s CIA Director presided over the bombing of numerous countries including Somalia — but also The Logan Act. The Logan Act is nothing more than an unconstitutional attempt to criminalize foreign policy dissidents, like her, and is so dangerous in the hands of the CIA, FBI and federal prosecutors precisely because it lacks any clear definition or meaning.
Despite this, Congresswoman Omar depicted that ancient statute not as what it is — an impossibly vague and overly broad attempt to criminalize the core Constitutional right to dissent — but instead as some kind of specific, precisely defined, and well-established precedent, the contours of which are clearly established and easily applied. None of that is true.