One of the many many perks of the end of the Obama administration was the long-hoped-for fading away from public life of John Forbes Kerry.
When I looked at that Wiki entry of Kerry’s I was surprised to see that he is still only 74. Of course, I already knew that 74 was around the age he had to be. But my momentary startle was probably due to the fact that it seems he’s been around forever.
That’s because Kerry’s fame began at a fairly young age, when he got a lot of publicity as an antiwar activist during the Vietnam years while he was still in his twenties. One of his activist activities (activists have activities, right?) was to talk with the Vietcong in early 1971:
Kerry, a leading antiwar activist at the time, mentioned it in testimony before the Senate Foreign Relations Committee in April of that year. “I have been to Paris,” he testified. “I have talked with both delegations at the peace talks, that is to say the Democratic Republic of Vietnam and Provisional Revolutionary Government,” the latter a South Vietnamese communist group with ties to the Viet Cong.
Kerry’s campaign said earlier this year that he met on the trip with Nguyen Thi Binh, then foreign minister of the PRG and a top negotiator at the talks. Kerry acknowledged in that testimony that even going to the peace talks as a private citizen was at the “borderline” of what was permissible under U.S. law, which forbids citizens from negotiating treaties with foreign governments. But his campaign said he never engaged in negotiations or attended any formal sessions of the talks.
…John O’Neill, an organizer of the Swift boat group and co-author of the anti-Kerry book “Unfit for Command,” said it would be “unprecedented” for a future commander in chief to have met with enemy leaders. “It would be like an American today meeting with the heads of al Qaeda,” he said.
Historian Douglas Brinkley said Kerry’s trip to Paris, after his honeymoon with his first wife, Julia Thorne, was part of Kerry’s extensive fact-finding efforts on the war. “He was on the fringes,” said Brinkley, the author of “Tour of Duty,” a book about Kerry’s military service. “But he was proud of it. . . . He wanted to make his own evaluation of the situation.”
Kerry rubbed me the wrong way even then, although I was a liberal antiwar Democrat myself. Could not stand his unctuous self-righteous posturing, which dripped phoniness and self-aggrandizing drama.
One of the first blog posts I ever wrote was about Kerry, when he was running for president in 2004. Which brings us to now:
Former Secretary of State John Kerry has been engaging in shadow diplomacy to try to preserve the Iran nuclear deal, a major diplomatic achievement of his, according to a new report.
Over recent months, Kerry has been holding meetings and speaking with big players in the Iran nuclear agreement, who, like Kerry, do not want President Donald Trump to withdraw the US from the deal, The Boston Globe reported.
Citing a person briefed on the meetings, the Globe reported that Kerry had met with Iran Foreign Minister Javad Zarif at the United Nations in New York two weeks ago, their second meeting in about two months, to discuss ways of keeping the deal limiting Iran’s nuclear weapons program intact.
The former secretary of state also met last month with German President Frank-Walter Steinmeier, separately sat down with French President Emmanuel Macron in both Paris and New York, and spoke on the phone with European Union foreign policy chief Federica Mogherini, the source told the Globe.
Kerry has also quietly lobbied members of Congress, including House Speaker Paul Ryan, placing dozens of phone calls in recent weeks.
Kerry would like to preserve his “legacy,” of course. And what of the Logan Act? I think if a person is against that law in general—and I am—it shouldn’t be enforced against Kerry. But if ever there was a case that fit exactly into the scenario envisioned by the Logan Act, it would be this one:
(1 Stat. 613, 18 U.S.C. § 953, enacted January 30, 1799) is a United States federal law that criminalizes negotiation by unauthorized persons with foreign governments having a dispute with the United States. The intent behind the Act is to prevent unauthorized negotiations from undermining the government’s position. The Act was passed following George Logan’s unauthorized negotiations with France in 1798, and was signed into law by President John Adams on January 30, 1799.
Looking at the history of the Logan Act and the two prosecutions (no convictions) that have occurred under it, I can’t see a similar situation or one in the same class as that of Kerry, in which the secretary of state of a previous administration seeks to negotiate to undermine the policy of the present secretary of state and the current president.
Of course, as Trump himself has said recently, Kerry is “not the best negotiator we’ve ever seen.” One thing about private citizens negotiating with foreign nations against the interests of present administrations is that those private citizens no longer have the power they once possessed, as those foreign nations no doubt recognize.

