Did John Kerry's Illegal Diplomacy With Palestine Fuel the Current Middle Eastern War?

    By Ā·

    The recent escalation in hostilities between Hamas and Israel has led to a devastating loss of life and further destabilization in the Middle East. While the origins of this conflict are multifaceted, unauthorized diplomacy conducted by former Secretary of State John Kerry in 2018 may have played a pivotal role.

    Key Figures: Hussein Agha and Mahmoud Abbas

    Understanding the gravity of Kerry's actions requires knowing Hussein Agha and Mahmoud Abbas. Hussein Agha is a close associate of Mahmoud Abbas, the President of the Palestinian Authority. Abbas is a central figure in Palestinian politics with significant influence over peace negotiations. His decisions can sway not only the Palestinian Authority but also other factions like Hamas.

    The 2018 London Meeting

    In 2018, John Kerry met with Hussein Agha in London. During this unauthorized meeting, Kerry advised Agha to convey to Abbas that he should "play for time" and avoid peace talks with the Trump administration. Kerry suggested that President Trump would be removed from office within a year and that a better deal for the Palestinians would follow. These actions were not only unauthorized but also directly opposed the foreign policy of a sitting U.S. President.

    Legal Implications: Beyond the Logan Act

    While the Logan Act is often cited in discussions about unauthorized diplomacy, Kerry's actions could also be considered seditious. Advising a foreign leader to oppose a sitting President's policy could be seen as incitement to rebel against the authority of the state. Furthermore, Kerry may have violated provisions of the Foreign Agents Registration Act (FARA) by failing to register as a foreign agent while advising Palestinian leaders.

    Geopolitical Consequences

    The unauthorized diplomacy may have had a cascading effect on the Middle East peace process. Kerry's advice to Palestinian leaders to wait out Trump's presidency likely contributed to the absence of meaningful negotiations. This, in turn, may have emboldened extremist factions like Hamas, leading to the current conflict that has resulted in the loss of more than 2,000 Jewish lives and an untold number of Palestinian casualties.

    The Double Standard: Sedition and Accountability

    Events like January 6, 2021, are widely labeled as seditious, yet there seems to be a double standard when it comes to holding former government officials accountable for their actions. The lack of legal repercussions for Kerry's unauthorized diplomacy raises questions about the selective application of laws like sedition and FARA.

    Conclusion

    The unauthorized diplomacy conducted by John Kerry with key Palestinian figures in 2018 may have had far-reaching consequences, contributing to the current conflict between Hamas and Israel. Serious legal questions arise from these actions, including potential violations of the Logan Act, sedition laws, and FARA. The lack of accountability for these actions highlights a concerning double standard in the application of U.S. law, warranting closer scrutiny by Congress and the next president.

    Also published in The Enterprise. More op-eds

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