It isn't. That is precisely why administrations do it- to avoid leaks, etcGannonFan wrote:Why is it illegal for the President to circumvent US intelligence and government agencies? Don't those agencies all work for him/her in the first place? If the President wants to say something to another head of state, do the US intelligence and government agencies have to give approval or be allowed to listen in? I'm not asking what's prudent or wise, I'm just asking to the legality of it since you say it's illegal for the President to do so.Skjellyfetti wrote:
I covered this above.
No, there is nothing illegal or even improper about having a diplomatic back channel.
A back channel to circumvent US intelligence and government agencies is.
If Congress wants to get rid of the President for it, then that's the recourse.
The negotiations with Iran over the nuke deal was a confusing mess of back channel negotiations with unlikely interlocutors- but a good example of why it is sometimes done this way, especially in the case of an adversary with whom public talks could be politically uncomfy
That said, Kushner could be on the hook for disclosure issues for his clearance- right up to the point where Trump says "I authorized him to do it." Then it's nothing



