Last week, former U.S. President Jimmy Carter traveled to the Middle East to meet with top Hamas officials in an effort to “support peace, democracy, and human rights in the region.” Unfortunately, he did so without the authorization of the United States government. Despite his attempted disclaimer that the trip was merely a “study mission” with the intent of “support[ing] and provid[ing] momentum for current efforts to secure peace in the Middle East,” Carter’s peacekeeping efforts are completely contrary to U.S. foreign policy regarding Hamas—an organization which the United States has deemed one of the leading terrorist threats in the world. Prior to his departure, Carter was widely criticized by Republicans and Democrats alike and was repeatedly warned by the State Department that his intended conduct would directly and severely contravene U.S. foreign policy regarding interactions with Hamas—a policy of absolute isolation and non-negotiation. The former president, however, completely disregarded the warnings and criticisms of his government and brazenly proceeded with his scheduled “peace talks” with terror head, Khaled Meshal, and his deputy on April 18 and 19, 2008.
In response to this “freelance diplomacy,” Congressman Joe Knollenberg (R-MI) recently introduced H.R. 5816, a bill known as the CARTER Act (or, the “Coordinated American Response to Extreme Radicals Act,”) that would prevent the former president’s The Carter Center from receiving any more federal funding. (The Atlanta, Georgia-based human rights think tank has already received an estimated $19 million in federal tax dollars since its inception in 2001.) The CARTER Act also rescinds funds appropriated to the organization under the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2008, and, more appropriately it seems, transfers them to programs that provide aid to U.S. victims of terrorism. Under its Spending Clause authority, Congress has broad discretion in determining how to disburse federal funds. It would be entirely within its power to expressly withhold funds from an organization that, through its leader, so flagrantly defies U.S. foreign policy concerning international terrorism.
Introduced on the House floor just this past Wednesday, April 16, 2008, the CARTER Act has already garnered solid support. The bill currently has twelve cosponsors, including Rep. John Boehner (R-OH), Rep. Eric Cantor (R-VA), Rep. Thad McCotter (R-MI), Rep. Lincoln Diaz-Balart (R-FL), Rep. Mark Kirk (R-IL), Rep. Virginia Foxx (R-NC), Rep. Ginny Brown-Waite (R-FL), Rep. Walter Jones (R-NC), Rep. Joe Wilson (R-SC), Rep. Virgil Goode (R-VA), Rep. Sue Myrick (R-NC), and Rep. Jon Porter (R-NV).
While having all federal funds stripped from his non-profit organization certainly seems serious enough, the former president may also be facing federal criminal charges in light of his freelance negotiations with terrorists. Because he has engaged in unauthorized discourse with Hamas, a known terrorist organization, Carter may have violated two federal statutes: the Logan Act, and the USA PATRIOT Act. The Logan Act forbids unauthorized private correspondence with foreign governments, while the USA PATRIOT Act forbids the conferral of expert advice on foreign terrorist organizations. Because Hamas is a recognized foreign terrorist organization and holds legislative power in the Palestinian Authority, Carter could face up to three years in prison if convicted under the Logan Act, or even life imprisonment if convicted under the USA PATRIOT Act, for his unauthorized “peacekeeping” negotiations with Hamas.
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