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June 18, 1980 CC 15293

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June 18, 1980 CC 15293 June 18, 1980 CC)NGRESSIONAL RECORD- SENATE 15293 wish resettlement, but an (1) the Government of Iran has continued out any authority or responsibility what- ters do not towards the Gov- Cambodia. Yet to act in a hostile manner soever. opportunity to return to ernment of the United States since it seized who do not wish to be re- Mr. President, the Senator from Kan- what of those American diplomatic personnel on Novem- to settled elsewhere? It seems to the Sen- sas offers an unprinted amendment ber 4, 1979; the Department of Justice ator from Kansas that this new repatri- citizens and residents of the S. 2377, (2) certain include a sense of is a logical time to let the United States have collaborated in this hos- Authorization Act, to ation program from asylum nations process the tility by condemning and insulting their the Senate resolution the Senator international on June 6. Khmer refugees who are seeking resettle- own country: Kansas introduced separately ment. (3) the Government of Iran conducted a This amendment would encourage the falsely represented as an Gen- this amendment does is to express "sham" tribunal, President to instruct the Attorney All assessment of "crimes of America", at which extent of that these peo- eral to prosecute to the fullest the sense of the Congress certain citizens and residents of the United led by ple should be given an opportunity to the law, the 10 American citizens States attended at the request and expense for their actions with the seek resettlement. The amendment does Ramsey Clark, of Iran: of Iran in apparent viola- urging our Government to do (4) the only means of preventing the Government this by (18 U.S.C. 953). everything possible to encourage the dangerous and damaging actions of those tion of the Logan Act U.N. High Commissioner and the King- American participants in such anti-Ameri- Senate Resolution 456 was cosponsored dom of Thailand to transfer these people can propaganda, short of a dcl'aration of by 24 Senators. On June 10, 1980, an refugee war against Iran, is the active enforcement identical resolution was introduced in from the holding centers to the of section 953 of title 18. United States camps so they may be processed by rep- the House by Congressman RUDD as Code (hereafter in this section referred to House Resolution 704. resentatives of the international com- as "the Logan Act"); A FUNDAMENTAL CONCEPT munity. (5) the Logan Act provides that any citi- This amendment in no way impugns zen of the United States, wherever he may The resolution the Senator from Kan- or undermines the international resettle- be, who, without authority of the United sas and about 24 other Senators intro- ment effort. It does not require the States, directly or indirectly commences or duced addresses a fundamental concept. States to assume a larger propor- carries on any correspondence or intercourse This concept concerns the taking of the United or any officer tion of the refugee resettlement burden. with any foreign government law into one's own hands, the formulat- or agent thereof, with intent to influence the any Indeed, in light of the suffering of the measures or conduct of any foreign govern- ing of national public policy without Khmer people, some may say this pro- ment or of any officer or agent thereof, in authority or responsibility whatsoever. posal is too mild. relation to any disputes or controversies with While Mr. Clark was participating in The Senator from Kansas believes this the United States, or to defeat the measures the Iranian conference to condemn to be a moderate gesture. Yet, since this of the United States, shall be fined not more America, he seriously jeopardized the problem is generally out of the hands than $5,000 or imprisoned not more than safety of the hostages and the potential of Congress, this proposal may be the three years, or both: and for future official negotiations. He lent only immediate remedy available to us. (6) the President by Executive order has legitimacy to the allegations of the radi- prohibited all travel by American citizens against his own peo- Because this bill under consideration to- to Iran as part of an overall policy of se- cal revolutionaries day authorizes funds for the Immigration curing the release of the American hostages. ple, while 53 of his fellow citizens lan- and Naturalization Service, it is a logical (b) It is the sense of the Congress that- guish in an outrageous captivity. vehicle for this statement by the Con- (1) the President should instruct the At- From the moment Ramsey Clark and gress. This amendment costs the Nation torney General to investigate and to prose- his group joined the Iranian conference nothing, but is a humane step, meriting cute to the fullest extent of the law any called to denounce America, Clark and the acceptance of the Senate. person who violates the Logan Act. his supporters have been wrapping an ef- Mr. DECONCINI. Mr. President, we Mr. President, parliamen- themselves in the Constitution in Mr. DOLE. let have looked at the amendment of the tary inquiry. fort to escape any kind of censure, apparent Senator from Kansas and I think it is a The PRESIDING OFFICER. The Sen- alone punishment, for their very sound amendment. We are willing ator will state it. violation of the laws. the to accept it. Mr. DOLE. As I understand, there are An elaborate attempt to stretch freedom to I yield back my time:: 15 minutes to a side? first amendment to include the fact that Mr. THURMOND. Mr. President, I The PRESIDING OFFICER. The Sen- travel is used to excuse have no objection to the amendment ator is correct. Ramsey Clark went to Tehran with the United and would be happy to accept it. Mr. DOLE. The Senator from Kansas purpose of representing the The PRESIDING OFFICER. The ques- has what, about 12 minutes remaining? States in a de facto official capacity. to tion is on agreeing to the amendment The PRESIDING OFFICER. The Sen- Ramsey Clark appointed himself of the Senator from Kansas. ator has 15 minutes remaining. speak for America in an international of 53 The amendment was agreed to. Mr. DOLE. Mr. President, there is dispute that jeopardizes the lives American hostages. UP AMENDMENT NO. 1195 nothing very complicated about this amendment. This amendment, in effect, THE FREEDOM TO TRAVEL: A BLATANT (Purpose: To express the sense of the Con- SMIOKESCREEN gress with respect to potential violations expresses the sense of the Congress-I of the Logan Act and the prohibition on think it is best to just read that particu- This constitutional issue is a red her- travel to Iran) lar paragraph because it is rather self- ring and has nothing to do with Mr. Mr. DOLE. Mr. President, I now send explanatory: Clark's self-righteous behavior and ap- an amendment to the desk on which It is the sense of the Congress that- parent disregard of the law. The Logan there is a time limit and I ask for its (1) the President should instruct the At- Act, clear and simple, bans unauthorized immediate consideration. torney General to investigate and to prose- Americans from dealing with a foreign The PRESIDING OFFICER. The clerk cute to the fullest extent of the law any government, or representing this coun- Act. will report. person who violates the Logan try in matters of bilateral dispute with The assistant legislative clerk read as It seems to this Senator that that in foreign governments. follows: no way passes judgment on anyone. It This Senator has seen how the old The Senator from Kansas (Mr. DOLE) pro- in no way indicates the guilt or in- liberal coalition of antiwar protestors, poses an unprinted amendment numbered nocence of anyone, but it does suggest like the radicals that Ramsey Clark led 1195. there ought to be an investigation of to Hanoi during the Vietnam war, are Mr. DOLE. Mr. President, I ask unani- those who traveled to Iran without trying to obscure Mr. Clark's actions mous consent that further reading of authority, in fact, contrary to the Pres- from judicial review by invoking an un- bad the amendment be dispensed with. ident's directive, in spite of the Presi- written freedom to travel. It is too The PRESIDING OFFICER. Without dent's ban on travel, and I just suggest they are not more concerned with those objection, it is so ordered. there are 24 or more Senators who are laws that are written down. The amendment is as follows: concerned about this fundamental con- The Senator from Kansas appeared On page 61, between lines 10 and 11, insert cept. This concept concerns taking of on the "Good Morning America" pro- the following: the law into one's own hands, the for- gram and listened to Mr. Ira Glasser, SEC. 120. (a) The Congress finds that- mulating of national public policy with- executive director of the American Civil June 18, 1980 CONGRESSIONAL RECORD-SENATE 15294 Senator will of- America in an main on the books. This the travel he do? He condemned to the new Criminal Liberties Union, attempt to use forum of Third World fer an amendment for what anti-American Code restoring the language of the Logan ban issue as a smokescreen radical nations, and in doing so ap- the others did. I have no and Act. Mr. Clark and paretly broke the law about dealing Mr. Clark's freedom to go mat- The Senator from Kansas and a num- quarrel with with foreign officials, on an official Attorney he wants, though it does just authority.
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