WarSclerotic

Presidential Commitments Then and Now, Commentary Magazine, Rick Richman, March 11, 2015

(Please see also State Dept Describes Iran Deal as ‘Nonbinding’ — DM)

The White House “outrage” at the “open letter” to Iran signed by 47 senators, led by Sen. Tom Cotton, was reinforced by Vice President Biden’s formal statement, which intoned that “America’s influence depends on its ability to honor its commitments,” including those made by a president without a vote of Congress. Perhaps we should welcome Biden’s belated insight. As Jonathan Tobin notes, President Obama on taking office in 2009 refused to be bound by the 2004 Gaza disengagement deal in the letters exchanged between President George W. Bush and Israeli Prime Minister Ariel Sharon. His secretary of state, Hillary Clinton, announced that such commitments were “unenforceable”–that they were non-binding on the new administration. In 2009, Obama disregarded previous commitments not only to Israel but also to Poland, the Czech Republic, and Georgia; he “fundamentally transformed” America’s previous commitments, as he likes to describe the essential element of his entire presidency.

The Gaza disengagement deal was (1) approved by Congress; (2) included in the Gaza disengagement plan presented to the Israeli Knesset, and (3) relied on by Israel in withdrawing from Gaza later in 2005. The history of the deal (which the current secretary of state endorsed at the time as a U.S. “commitment”) is set forth here, and the reason Obama sought to undo it is discussed here. In 2009, the Obama administration refused at least 22 times to answer whether it considered itself bound by the deal; in 2011 it openly reneged on key aspects of it.

President Obama is currently negotiating an arms control agreement in secret, refusing to disclose the details of the offers his administration has made to Iran, a terrorist state according to his own State Department, and a self-described enemy of the United States since 1979. He has opposed not only a congressional debate before he concludes the deal but also a congressional vote afterwards. If he closes a deal with Iran on that basis, it will not be binding on any future president–at least not if that president chooses to follow the precedent Obama himself set in 2009.

If the administration is now seeking to restore the credibility of presidential commitments, the president might consider taking two steps: (1) acknowledge that the U.S. is bound by the disengagement deal negotiated by President Bush with Israel, endorsed by a vote of Congress; and (2) promise to put his prospective deal with Iran to a similar congressional vote once the deal is done. If not, perhaps a reporter at his next press conference will ask how he reconciles his position that (a) he could ignore President Bush’s congressionally approved deal with his view that (b) future presidents must honor the non-congressionally approved one he is negotiating now.

This entry was posted on March 11, 2015 at 5:55 PM and is filed under Biden, Diplomacy, Foreign policy, International Community, Iran, Iran scam, Israel, Nonbinding agreements, Nukes, Obama, U.S. Congress. You can subscribe via RSS 2.0 feed to this post's comments.

Tags: Biden, Foreign Policy, International Community, Iran, Iran Scam, Israel, Nonbinding agreements, Nukes, U.S. Congress