Archive for the ‘JCPOA compliance certification’ category

Viewing Enemy Regimes as They Are, Not as We Wish They Were

October 10, 2017

Viewing Enemy Regimes as They Are, Not as We Wish They Were, Gatestone InstitutePeter Huessy, April 10, 2017

Experience has shown that soft rhetoric and so-called “smart diplomacy” have served only to enable North Korea and Iran to produce more nuclear weapons and better ballistic missiles.

Not only has the International Atomic Energy Agency (IAEA) been prevented from monitoring Iranian compliance, but it is not pushing the issue for fear that “Washington would use an Iranian refusal as an excuse to abandon the JCPOA.”

During his first press conference after taking office in January 1981, US President Ronald Reagan called détente a “one-way street that the Soviet Union has used to pursue its own aims.” Echoing this remark while addressing reporters later the same day, Secretary of State Alexander Haig said that the Soviets were the source of much support for international terrorism, especially in Latin and Central America.

The following day, both Reagan and Haig were criticized for their remarks, with members of the media describing the president’s words as “reminiscent of the chilliest days of the Cold War,” and appalled that the administration’s top diplomat was accusing the Russians of backing terrorist activities.

Nearly four decades later, in spite of the successful defeat of the Soviet empire, the White House is still frowned upon when it adopts a tough stance towards America’s enemies. Today’s outrage is directed at President Donald Trump’s warnings about — and to — North Korea and Iran. The Washington Post called his recent “fire and fury” threats to Pyongyang a “rhetorical grenade,” for example, echoing top Democrats’ attacks on his remarks for being “reckless” and “irresponsible.”

Critics of Trump’s attitude towards Tehran go equally far, describing his opposition to the Joint Comprehensive Plan of Action (JCPOA) — the nuclear deal with Iran — as “rushing headlong into war.”

Trump’s detractors, however, are just as wrong as those who berated Reagan in 1981. Experience has shown that soft rhetoric and so-called “smart diplomacy” have served only to enable North Korea and Iran to produce more nuclear weapons and better ballistic missiles.

Although the JCPOA stipulates that Iran is not permitted to produce more than a certain quantity of enriched uranium or to enrich uranium beyond a certain level, not only has the International Atomic Energy Agency (IAEA) been prevented from monitoring Iranian compliance, but it is not pushing the issue for fear that “Washington would use an Iranian refusal as an excuse to abandon the JCPOA.”

Furthermore, among its many other flaws, the JCPOA does not address Iran’s ballistic-missile capabilities or financing of global terrorism.

Nevertheless, it is the administration’s rhetoric that is under attack. Isn’t it high time for the media and foreign-policy establishment to wake up to the reality that seeing regimes as they are, rather than as we wish them to be, is the only way to confront our enemies effectively, and with the least number of casualties?

Peter Huessy is president of GeoStrategic Analysis, a defense consulting firm he founded in 1981

ANALYSIS: Certified or decertified, Iran faces tough road ahead

October 10, 2017

ANALYSIS: Certified or decertified, Iran faces tough road ahead, Al Arabiya, Heshmat Alavi, October 9, 2017

Members of Iranian armed forces march during a parade in Tehran, Iran, September 22, 2017. President.ir/Handout via REUTERS.

The new mentality sought by Washington is to address all of Iran’s belligerence and not allow its nuclear program and the JCPOA devour all of the international community’s attention.

The new US response, including blacklisting Iran’s notorious Revolutionary Guards, to be announced by Trump is said to cover missile tests, support for terrorism and proxy groups checkered across the Middle East, hopefully human rights violations at home, and cyberattacks.

Iran has a history of resorting to such measures, including targeting Saudi oil interests. Raising the stakes for Iran, Trump described a meeting with his top military brass on Thursday evening as “the calm before the storm.” Neither the US President nor the White House provided further details, yet rest assured Tehran received the message.

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All eyes are on US President Donald Trump and his upcoming Iran speech later this week to clarify his decision to certify or decertify Tehran’s compliance with a nuclear agreement, officially known as the Joint Comprehensive Plan of Action (JCPOA), designed to curb the regime’s controversial atomic drive.

This has Iran’s regime on its toes, as senior elite in Tehran understand fully how the US can lead the international community in adopting strong measures against its broad scope of malign activities. Expected to be addressed is also a wide range of concerns over Iran’s dangerous policies in relation to its ballistic missile advances, meddling in Middle East states and supporting terrorist proxy groups as explained in a new video.

‘Iran’s unacceptable behavior’

Iran’s rogue behavior, currently imposing its influence on four major regional capitals of Baghdad, Beirut, Damascus and Sanaa, are the result of the Obama administration’s “overly lenient foreign policy, which sought to promote America’s priorities through consensus, rather than through the frank display of power,” as put by a recent The New Yorker piece.

“Lifting the sanctions as required under the terms of the JCPOA has enabled Iran’s unacceptable behavior,” US Secretary of State Rex Tillerson said in a late September meeting with his P5+1 counterparts and Iran’s top diplomat Mohammad Javad Zarif.

The Trump administration is also deeply concerned over Iran’s proxies mining the strategic Bab el-Mandeb Strait waterway, aiming its indigenous missiles from Yemen towards cities in Saudi Arabia and other Gulf countries, and from southern Lebanon towards Israel. This is Tehran in action with the objective of taking advantage of the destruction left behind by ISIS across the region, especially in Syria and Iraq.

“The Iranian regime supports terrorism and exports violence, bloodshed and chaos across the Middle East,” Trump told reporters before a Thursday evening meeting with senior military leaders at the White House. “That is why we must put an end to Iran’s continued aggression and nuclear ambitions,” he said. “They have not lived up to the spirit of their agreement.”

Trump has put Iran “on notice” over charges that Tehran violated a nuclear deal with the West by test-firing a ballistic missile. (Reuters)

Joint effort

Parallel to the White House there are voices on Capitol Hill advocating the new approach weighed by the administration.

“The president should decline to certify, not primarily on grounds related to Iran’s technical compliance, but rather based on the long catalog of the regime’s crimes and perfidy against the United States, as well as the deal’s inherent weakness,” Senator Tom Cotton said last week at a speech in the Council on Foreign Relations.

As the Trump administration seeks to place necessary focus on Iran’s illicit Middle East ambitions and actions, talks are also ongoing as we speak over how to amend the JCPOA’s restrictions.

“Sunset clauses,” Iran’s ballistic missile development and testing, and an inspections regime lacking the bite to gain necessary access into the regime’s controversial military sites. Under the current framework Iran can easily conduct nuclear weapons research and development in military sites and claim such locations do not fall under the JCPOA jurisdiction.

While it is expected of Trump to decertify Iran, he most likely will not go the distance to completely pull America out of the nuclear agreement. Obama refused to send the JCPOA to Congress for discussion and approval. Trump, however, seems set to place the decision to impose further sanctions on Iran upon the shoulders of US lawmakers.

US Ambassador to the United Nations Nikki Haley speaks about the Iran nuclear deal at the American Enterprise Institute in Washington, on September 5, 2017. (Reuters)

More than ‘one piece’

The new mentality sought by Washington is to address all of Iran’s belligerence and not allow its nuclear program and the JCPOA devour all of the international community’s attention.

The new US response, including blacklisting Iran’s notorious Revolutionary Guards, to be announced by Trump is said to cover missile tests, support for terrorism and proxy groups checkered across the Middle East, hopefully human rights violations at home, and cyberattacks.

Iran has a history of resorting to such measures, including targeting Saudi oil interests. Raising the stakes for Iran, Trump described a meeting with his top military brass on Thursday evening as “the calm before the storm.” Neither the US President nor the White House provided further details, yet rest assured Tehran received the message.

US Secretary of State Rex Tillerson delivering a statement on Iran in the Treaty Room of the State Department in Washington, DC, on April 19, 2017. (AFP)

Fear renders contradiction

Sensing an increasingly escalating tone from Washington, Tehran signaled its first sign of fear by expressing readiness to discuss its ballistic missile program, according to Reuters. And yet less than 24 hours later, Iranian officials said no offers were made to negotiate such restrictions.

“Iran regards defensive missile programs as its absolute right and will definitely continue them within the framework of its defensive, conventional and specified plans and strategies,” Iranian Foreign Ministry spokesman Bahram Qassemi said, according state media.

Iranian President Hassan Rouhani also felt the need to make remarks to save face before the regime’s already depleting social base. “In the nuclear negotiations and agreement we reached issues and benefits that are not reversible. No one can turn that back, not Mr. Trump or anyone else,” Rouhani said at a recent Tehran University ceremony, according to state media.

Of course, we all remember how prior to the JCPOA signing in 2015 senior Iranian officials went the limits in describing any “retreat” regarding their nuclear program as a “red line.” To make a long story short, Tehran is comprehending how the times are changing at a high velocity, endangering its domestic, regional and international interests. And unlike the Obama years, its actions will not go unanswered.

Senator Cotton made this crystal clear at his speech: “Congress and the President, working together, should lay out how the deal must change and, if it doesn’t, the consequences Iran will face.”

The Iran Deal Isn’t Worth Saving

October 8, 2017

The Iran Deal Isn’t Worth Saving, Gatestone InstituteJohn R. Bolton, October 8, 2017

(The chances of renegotiating the JCPOA to make it less harmful to America appear to be close to zero. — DM)

[T]he deal’s acolytes are actively obscuring this central issue, arguing that it is too arduous and too complex to withdraw cleanly. They have seized instead on a statutory requirement that every 90 days the president must certify, among other things, that adhering to the agreement is in America’s national-security interest. They argue the president should stay in the deal but not make the next certification, due in October.

This morganatic strategy is a poorly concealed ploy to block withdrawal, limp through Mr. Trump’s presidency, and resurrect the deal later. Paradoxically, supporters are not now asserting that the deal is beneficial. Instead, they concede its innumerable faults but argue that it can be made tougher, more verifiable and more strictly enforced. Or, if you want more, it can be extended, kicked to Congress, or deferred during the North Korea crisis. Whatever.

The only sure way to resume economic pressure on Iran is for President Trump to stop waiving the sanctions, as he did a few weeks ago. The power to act is in executive hands, as it should be.

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“Cut, and cut cleanly,” Sen. Paul Laxalt advised Ferdinand Marcos in 1986, urging the Philippine president to resign and flee Manila because of widespread civil unrest. The Nevada Republican, Ronald Reagan’s best friend in Congress, knew what his president wanted, and he made the point with customary Western directness.

President Trump could profitably follow Mr. Laxalt’s advice today regarding Barack Obama’s 2015 deal with Iran. The ayatollahs are using Mr. Obama’s handiwork to legitimize their terrorist state, facilitate (and conceal) their continuing nuclear-weapons and ballistic-missile programs, and acquire valuable resources from gullible negotiating partners.

Mr. Trump’s real decision is whether to fulfill his campaign promise to extricate America from this strategic debacle. Last month at the United Nations General Assembly, he lacerated the deal as an “embarrassment,” “one of the worst and most one-sided transactions the United States has ever entered into.”

Last month at the United Nations General Assembly, President Donald Trump lacerated the Iran nuclear deal as an “embarrassment,” “one of the worst and most one-sided transactions the United States has ever entered into.” (Image source: The White House)

Fearing the worst, however, the deal’s acolytes are actively obscuring this central issue, arguing that it is too arduous and too complex to withdraw cleanly. They have seized instead on a statutory requirement that every 90 days the president must certify, among other things, that adhering to the agreement is in America’s national-security interest. They argue the president should stay in the deal but not make the next certification, due in October.

This morganatic strategy is a poorly concealed ploy to block withdrawal, limp through Mr. Trump’s presidency, and resurrect the deal later. Paradoxically, supporters are not now asserting that the deal is beneficial. Instead, they concede its innumerable faults but argue that it can be made tougher, more verifiable and more strictly enforced. Or, if you want more, it can be extended, kicked to Congress, or deferred during the North Korea crisis. Whatever.

As Richard Nixon said during Watergate: “I want you to stonewall it, let them plead the Fifth Amendment, cover up, or anything else if it’ll save it — save the plan.”

Mr. Trump should not be deceived. The issue is not certification. The issue is whether we will protect U.S. interests and shatter the illusion that Mr. Obama’s deal is achieving its stated goals, or instead timidly hope for the best while trading with the enemy, as the Europeans are doing. It is too cute by half to employ pettifoggery to evade this reality.

U.N. Security Council Resolution 2231 embodies the deal and includes two annexes: the Joint Comprehensive Plan of Action itself, and a statement by the other negotiating parties on “transparency… creating an atmosphere conducive” to full JCPOA implementation. Resolution 2231, the JCPOA and the statement were all crafted word-for-word with Iran (with Russia and China acting as Tehran’s scriveners on the statement), as was the cash-for-hostages swap Mr. Obama sought desperately to conceal. This packaging is more than a diplomatic nicety. It means Iran’s ballistic-missile program is integral to the deal — fittingly, since Iran’s missiles would deliver its nuclear warheads.

The ayatollahs have neither the desire nor the incentive to renegotiate even a comma of the agreement. Why should they, when it is entirely to their advantage? Both Resolution 2231 and the statement, for example, “call upon” Iran to forgo activity regarding “ballistic missiles designed to be capable of delivering nuclear weapons.” The U.N. secretary-general recently reported that Iran is violating this provision and implicitly lying about it. But the deal’s language allows Iran to claim solemnly that its missiles are not “designed” to carry nuclear warheads, an assertion whose verification would require polygraphs and psychologists, not weapons inspectors. This is one of many textual loopholes.

If the deal is vitiated, Tehran would not be freer than it is now to pursue nuclear weapons and ballistic missiles. Not only is the international compliance regime a far cry from Mr. Obama’s promised “anytime, anywhere” inspections, crucial language is vague and ambiguous. Mr. Obama’s negotiators crippled real international verification by pre-emptively surrendering on what were delicately termed “possible military dimensions” of Iran’s nuclear program.

Moreover, simple economic logic suggests that Tehran’s scientists are probably enjoying Pyongyang’s hospitality, well beyond the International Atomic Energy Agency’s limited capability to detect. Even U.S. intelligence could be in the dark if Iran is renting a uranium enrichment facility under a North Korean mountain. It is specious to assert that the North Korean nuclear crisis should lead to deferring action on the Iran deal. The conclusion should be precisely the opposite: Failure to act decisively on Iran now worsens the global proliferation threat.

The IAEA has interpreted Mr. Obama’s possible-military-dimension concession as requiring new evidence before it attempts to visit Tehran’s military bases, where the real work on weaponization and missiles is taking place—if not under mountains in North Korea. Mr. Obama acquiesced in this emasculation of the IAEA’s will to inspect, making the agency today like the drunk looking for his car keys under a street lamp because the light is better there. This is a sorry caricature of a robust, Reaganesque “trust but verify” regime.

Perhaps the most inane argument is that Congress should decide the deal’s fate and whether to reimpose U.S. sanctions. If a president is unwilling to solve this kind of problem, he shouldn’t have applied for the job. Watching what has happened on failed legislative efforts to repeal and replace ObamaCare, can anyone doubt that Senate Democrats (joined by Rand Paul) would filibuster any legislative effort to renew sanctions? The only sure way to resume economic pressure on Iran is for President Trump to stop waiving the sanctions, as he did a few weeks ago. The power to act is in executive hands, as it should be.

Mr. Trump knows his mind on Iran. And as Mr. Laxalt said to Marcos, “the time has come” to act decisively.

John R. Bolton, former U.S. Ambassador to the United Nations, is Chairman of Gatestone Institute, a senior fellow at the American Enterprise Institute, and author of “Surrender Is Not an Option: Defending America at the United Nations and Abroad”.

This article first appeared in The Wall Street Journal and is reprinted here with the kind permission of the author.

Time for Trump to Decertify the Iran Deal

October 5, 2017

Time for Trump to Decertify the Iran Deal, PJ MediaRoger L Simon, October 4, 2017

(President Trump has two options: (1) he can certify that Iran is not developing nukes and is also in compliance with the JCPOA in all other respects or (2) he can decline to do so. In view of the acknowledged inability of the IAEA to conduct meaningful inspections of military and other non-designated sites, President Trump has no way to determine that Iran is not developing nukes. In the absence of even minimal evidence that Iran is not developing nukes, it seems very unlikely that he will certify compliance.

President Trump does not need to go so far as to certify that Iran is not in compliance, as he should perhaps explain to Tillerson, Mattis et al. Any belief held by Tillerson, Mattis et al that, regardless of the lack of evidence of Iranian compliance, the Iran scam is a “good deal” for America is irrelevant. — DM)

Mideast Iran Nuclear Deal

Last week IAEA [International Atomic Energy Agency] chief Amano revealed the IAEA has been unable to verify Iran is fully implementing the nuclear deal, specifically Section T which prohibits certain activities related to “the design and development of a nuclear explosive device,” because Iran has barred inspectors from military sites where those activities would be occurring . . . .

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For all the talk of “morons” Wednesday — did Rex Tillerson call Donald Trump a moron and what does that mean, if anything — the real issue for those not transfixed by media gotcha games is the certification, or not, of something truly moronic:  the Iran Nuclear Deal (JCPOA).

In normal times, devoid of mass murderers and endless natural disasters, the looming October 15 certification decision on this deal would be front and center in the national consciousness.  It still should be because, ultimately, it is even more important than hurricanes and psychopathic killers. It’s about nuclear war.

The biggest mistake of the Obama years was not the Affordable Care Act — that can be fixed eventually — but the Iran deal, which has already resulted in massive catastrophe, causing irreparable damage. Iran, financially enriched by the agreement, has been able to play a growing and truly evil role throughout the Middle East (and even South America), but especially in the unending Syrian civil war through its brutal own Revolutionary Guard and its bloodthirsty Hezbollah cutouts. This war has undoubtedly changed the character of Europe forever by creating millions of refugees. Every one of our lives has been or will be affected by it, directly or indirectly. (Reminder: One of the Paris Bataclan theatre terrorists who slaughtered 130, more than twice Las Vegas, held a Syrian refugee passport.) Even now, as ISIS is being pushed back, Iran, not us or our allies, is moving in to take control of their territory. We can be sure the mullahs will use it to build children’s hospitals and cancer research institutes — either that or murder thousands more in the name of the Twelfth Imam.

Obama’s motivation to make this deal, to choose the mullahs’ side in the more than thousand-year-old Shiite-Sunni blood feud that comes to us as a horrifying ghost from the pre-Middle Ages, remains one of the great mysteries of our time. It was the kind of agreement only State Department bureaucrats could love or, for that matter, see. In that sense, the Iran Deal is a perfect “Swamp” agreement. Nobody really knows what’s in it, deliberately so — just like the Affordable Care Act, actually. Only in this instance, Nancy Pelosi did not have to tell us to sign it to know what’s in it, because it was never signed in the first place — nor intended to be.  It was simply put in place — Constitution be damned — over the heads of an impotent Congress by Obama and his claque of unwise wise men and women.

But that was then and this is now. According to The Free Beacon’s Adam Kredo:

The Trump administration is expected to announce next week that it will not formally certify Iran as in compliance with the landmark nuclear agreement, a move that could kill the agreement and set the stage for Congress to reimpose harsh economic sanctions on the Islamic Republic, according to multiple U.S. officials and sources familiar with the situation.

While some senior Trump administration officials—including Secretary of State Rex Tillerson and Secretary of Defense James Mattis—are pushing for President Donald Trump to preserve the deal, it has become increasingly clear the president is frustrated with Iran’s continued tests of ballistic missile technology and rogue operations targeting U.S. forces in the region, according to these sources.

Let’s hope that Tillerson and Mattis won’t prevail if that really is still their opinion. You would think given Kim Jung-un getting almost as much media attention for his missiles as Stephen Paddock for his guns, and the longtime documented alliance on military matters of Iran and North Korea, they would be ready for another strategy. After all, looked at from afar (actually not that far) the JCPOA mirrors the approach many administrations took to North Korea. There are minor differences, but they all came down to “give them some money so they play nice.” How did that turn out? Perhaps I’m naive, but getting tough with tough guys for a change just might be worth a try.

It seems that Trump gets this. According to Eli Lake: “The centerpiece of Trump’s new Iran strategy will be the designation of Iran’s Revolutionary Guard Corps as a terrorist organization, placing it in the same category as al Qaeda and the Islamic State.”

The Revolutionary Guard is responsible for approximately 15 percent of Iranian GNP. Designating them a terror organization, which they indubitably are, would result in a substantial financial hit to the mullahs. The Swamp, of course, will object. That’s not how the game is played. But the truth is, the Swamp game is destructive to our country and the West, not mention factually absurd.

Omri Ceren, whose ongoing reporting on this “deal” has been invaluable (as has the work of the Foundation for Defense of Democracies’ Mark Dubowitz), explained why in a recent email:

Last week IAEA [International Atomic Energy Agency] chief Amano revealed the IAEA has been unable to verify Iran is fully implementing the nuclear deal, specifically Section T which prohibits certain activities related to “the design and development of a nuclear explosive device,” because Iran has barred inspectors from military sites where those activites would be occurring,

Deal? What deal?

Your turn, Mr. President.

The case for a ‘clean withdrawal’ from the Iran Nuclear Deal

September 28, 2017

The case for a ‘clean withdrawal’ from the Iran Nuclear Deal, Center for Security Policy, Fred Fleitz, September 28, 2017

(Please see also, Omni Ceren: Decertification Approaches and How to Get Out of the Iran Nuclear Deal by Amb. Bolton. Iran has already received lots of money from Obama’s America and may well have made significant progress on making nukes and the missiles to deliver them. Would Iran forego further nuke-related technological advances to renegotiate the JCPOA with America and her allies? That seems highly unlikely if we withdraw, and even more unlikely if we remain, as McMaster and Tillerson apparently desire. — DM

Now, with the president reportedly determined to “decertify,” Tillerson, McMaster and others who oppose a U.S. withdrawal have shifted gears.  They have intensified their criticism of the Iran deal as deeply flawed and are proposing the president not certify but remain a party to the deal to fix it later.  In addition, they are calling for the JCPOA be sent to Congress for it to impose more sanctions.

Ambassador John Bolton has a far better and more honest option: a clean withdrawal implementing a comprehensive strategy with America’s allies – including Israel – that addresses the full range of threats posed by Iran.

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There’s a pitched rhetorical battle underway right now in Washington as an October 15 deadline approaches for President Trump to certify to Congress that the 2015 nuclear deal with Iran (the JCPOA) is in the national interests of the United States and that Iran is in compliance. Although the president said last week he has made his decision, backers and opponents of the agreement are working overtime to convince him to adopt their recommendations.

President Trump has been highly critical of the JCPOA, calling it “the worst deal ever” during the presidential campaign and “an embarrassment to the United States” during his speech to the UN General Assembly on Sept. 19.

However, the president reluctantly certified the nuclear deal to Congress twice this year due to heavy pressure from his top national security advisers, especially Secretary of State Rex Tillerson and National Security Adviser H.R. McMaster.  After a heated discussion with his advisers, Mr Trump made the last certification in July but indicated he did not plan to do so again.

A few months ago, Tillerson, McMaster and other advisers were telling President Trump he had no choice but to certify the JCPOA because Iran was in compliance and any violations were “not material.”  Many disagreed, including Senators Tom Cotton, R-Ark., Ted Cruz, R-Texas, David Perdue, R-Ga., and Marco Rubio, R-Fla., who spelled out major instances of Iranian noncompliance and cheating in a July 11, 2017 letter to Secretary of State Rex Tillerson.

But the main argument Trump advisers made to certify the Iran deal was that if America withdrew it would alienate European leaders.

Now, with the president reportedly determined to “decertify,” Tillerson, McMaster and others who oppose a U.S. withdrawal have shifted gears.  They have intensified their criticism of the Iran deal as deeply flawed and are proposing the president not certify but remain a party to the deal to fix it later.  In addition, they are calling for the JCPOA be sent to Congress for it to impose more sanctions.

This supposed middle-ground option would allow President Trump to give a tough-sounding speech lashing out at the JCPOA and demanding major changes.  But Iran has made it clear that it will never agree to alter the agreement and Congressional Democrats are certain to filibuster any sanctions legislation that would kill the deal.  As a result, the “decertify but remain in the deal” option is actually a clever ploy to ensure the U.S. never withdraws from the nuclear deal.

Ambassador John Bolton has a far better and more honest option: a clean withdrawal implementing a comprehensive strategy with America’s allies – including Israel – that addresses the full range of threats posed by Iran.

Bolton was tasked to write a plan to do this by former Trump Chief Strategist Steve Bannon in response to the president’s request last July for a policy option to withdraw from the Iran deal.  Worried that the Bolton plan could sway Mr. Trump, senior Trump officials have blocked Bolton from meeting with the president.  Bolton therefore published his “Iran Deal Exit Strategy” in National Review on August 28.

Bolton’s plan has not received a lot of media coverage because senior Trump officials – especially McMaster – have been aggressively working with the press to promote the “decertify but remain in the deal” option.  However, the Bolton plan received a huge boost last week when 45 national security experts sent a letter to President Trump urging him to withdraw from the JCPOA using Bolton’s strategy.

The letter’s signatories included many leading experts in arms control and nuclear nonproliferation such as former Director of Sandia National Laboratory Paul Robinson, former Under Secretary of State for Arms Control Robert Joseph; former Under Secretary of Defense for Policy Douglas Feith; former Under Secretary of Defense for Intelligence Gen. William Boykin and dozens of other former State and Defense Department officials.

The proposal being advanced by McMaster, Tillerson and others — that President Trump keep the United States in the JCPOA but not certify to Congress that it is in our national security interests — is absurd, especially after the president called the agreement an embarrassment to the United States.  This option will ensure that this dangerous agreement continues as is and will undermine Mr. Trump’s credibility with the American people and the world.

As the 45 experts said in their letter to President Trump, “It is time to move beyond President Obama’s appeasement of Iran and to begin work on a comprehensive new approach that fully addresses the menace that the Iranian regime increasingly poses to American and international security.”  President Trump should do this by implementing a clean withdrawal from the fraudulent Iran nuclear deal using the plan drafted by Ambassador Bolton.

Omni Ceren: Decertification Approaches

September 28, 2017

Omni Ceren: Decertification Approaches, Power Line,  Scott Johnson, September 28, 2017

Omri Ceren writes to comment on the Reuters story by Francois Murphy reporting that “IAEA chief calls for clarity on disputed section of Iran nuclear deal.” Omri’s commentary on the story — please check it out — should serve as a preview of coming attractions. He writes:

This is pretty close to game over on certification.

Condition 1 of Corker-Cardin requires the president to certify “Iran is transparently, verifiably, and fully implementing the agreement” [a]. One part of the agreement – Annex 1, Section T – prohibits Iran from conducting certain “activities which could contribute to the design and development of a nuclear explosive device” [b].

The IAEA has not been able to verify Iran is implementing Section T because the relevant activities would be occurring on military sites and Iran has barred the IAEA from inspecting those sites [c][d][e]. IAEA officials say they won’t even ask for access because they know Iran would say no and it would give the Trump administration an “excuse” on the deal [f].

The policy community has known about this failure for months: in August nuclear experts from FDD and ISIS published a report that concluded “it is likely that some of the conditions in Section T are not currently being met and may in fact be violated by Iran” [g].

Yesterday IAEA chief Amano confirmed the IAEA has indeed been unable to verify Iran is implementing Section T….Here are the Amano quotes:

“Our tools are limited,” Amano told Reuters when asked if his agency had the means to verify Section T. “In other sections, for example, Iran has committed to submit declarations, place their activities under safeguards or ensure access by us. But in Section T I don’t see any (such commitment).” Amano said he hoped the parties to the agreement would discuss the issue in the Joint Commission.

Advocates of the Iran deal respond that the IAEA hasn’t found any Iranian violations [h]. 1st, that’s not relevant for certification: condition 1 requires the president to certify Iran has implemented all parts of the agreement, not that Iran hasn’t been caught cheating on the parts they have implemented. 2nd, the IAEA hasn’t caught Iran cheating because they haven’t been able to look where Iran is cheating: last week lawmakers on Senate Intelligence suggested to the Weekly Standard they’ve seen classified reports that Iran is violating the deal [i].

[a] https://www.congress.gov/bill/114th-congress/senate-bill/615/text
[b] https://www.state.gov/documents/organization/245318.pdf
[c] https://financialtribune.com/articles/national/69753/us-demand-for-military-inspections-rejected
[d] http://kayhan.ir/en/news/42609
[e] http://en.farsnews.com/newstext.aspx?nn=1396052200040
[f] https://ca.reuters.com/article/topNews/idCAKCN1BB1JC-OCATP
[g] http://isis-online.org/isis-reports/detail/verifying-section-t-of-the-iran-nuclear-deal
[h] http://iranprimer.usip.org/blog/2017/sep/14/debate-nuclear-deal-us
[i] http://www.weeklystandard.com/cotton-on-iran-nuclear-deal-i-simply-do-not-see-how-we-can-certify/article/2009716

Iran Defies Nuclear Deal With Latest Ballistic Missile Test

September 25, 2017

Iran Defies Nuclear Deal With Latest Ballistic Missile Test, Washington Free Beacon , September 25, 2017

Iranian President Hassan Rouhani / Getty Images

Iran’s weekend test firing of yet another long-range ballistic missile is amplifying congressional calls for the Trump administration to formally declare Iran in violation of the landmark nuclear agreement, a move that would lay the groundwork for the United States to abandon the agreement.

Iran claims to have successfully test fired a new long-range ballistic missile in response to threats by the Trump administration to leave the nuclear accord.

President Donald Trump criticized Iran during his first speech before the United Nations last week, singling out the Islamic Republic as one of the leading global threats. The speech prompted tough talk by senior Iranian leaders and military officials, who vowed to boost the country’s capabilities.

The latest ballistic missile test has amplified congressional calls for Trump to leave the deal and has provided grist to those inside the administration pushing for the president to formally declare Iran in violation of the nuclear deal due to these tests and other actions that violate the accord.

“Iran’s missile test is further proof that the Obama-Khamenei nuclear deal has only served to empower and embolden the Islamist regime,” Rep. Ron DeSantis (R., Fla.), a member of the House Foreign Affairs Committee, told the Washington Free Beacon.

“Given Iran’s belligerent conduct and its violations of the terms of the deal, President Trump should follow his instincts and decertify the JCPOA in October,” DeSantis said, using the acronym for the nuclear agreement, also known as the Joint Comprehensive Plan of Action. “We can’t allow Iran to follow in the footsteps of North Korea when it comes to acquiring a nuclear capability.”

DeSantis’s comments jibe with public remarks from Trump and some of his most senior officials, including United Nations Ambassador Nikki Haley, who has been a vocal critic of the nuclear accord and Iran’s threatening behavior.

Haley, commenting on Iranian violations of U.N. accords last week, said that U.S. is focused on holding the Islamic Republic responsible for defying these resolutions.

“What we’re looking at and what you’re going to hear us very vocal on is the fact that 2331, the resolution that was in place, what we saw was it basically wrapped in with the nuclear deal; it said if Iran did any of these things, it would be in violation,” Haley said, adding that evidence indicates Iran has violated international resolutions multiple times.

The ballistic missile test shows that Iran had made further strides in its long-range ballistic technology and that international calls for it to refrain from such behavior have no impact on the country’s actions.

Under U.N. Security Resolution 2231, which codifies the nuclear agreement, Iran is prohibited from test firing ballistic missiles, though the restriction has not altered Tehran’s behavior.

The newest missile, unveiled during a Friday military parade in Tehran, is reported to be Iran’s third such rocket capable of traveling nearly 1,250 miles. It weighs more than a ton and can carry “several warheads,” according to reports in Iran’s state-controlled media.

Trump offered a strong response to the missile test, tweeting that the missile is “capable of reaching Israel.”

Iran is also “working with North Korea. Not much of an agreement we have,” Trump wrote.

The tweet is being viewed as a window into Trump’s thinking on the deal and whether he will formally designate Iran as in violation.

A State Department official told the Free Beacon that officials are looking into the missile launch and will seek to counter the threats posed by Iran’s continued rocket tests.

“We have seen the media reports that Iran launched a ballistic missile,” the official said. “We are looking into these reports.”

“As we’ve said before, Iran’s continued ballistic missile development and support for terrorism are provocative and undermine security, prosperity, and stability throughout the region,” the official added, noting that “UN Security Council Resolution (UNSCR) 2231 (2015) calls upon Iran to not undertake any activity related to ballistic missiles designed to be capable of delivering nuclear weapons.”

The administration “will continue monitor these issues closely and to use all of the tools at our disposal to counter threats from Iran’s missile program,” the official said.

While the Trump administration has recertified the deal in the past months, some believe that Trump has decided not to do so again.

One veteran Middle East analyst who works closely with White House official on the Iran portfolio told the Free Beacon that Trump’s tweet is a good indication of where he currently stands on the matter.

“The president’s tweet reflected exactly how he feels, and everyone at every level knows it,” the source said. “He thinks the deal is garbage because it’s riddled with so many flaws, in this case dismantling sanctions while Iran builds ballistic missiles capable of striking Israel and Europe.”

However, there have been internal tensions of the matter, with Secretary of State Rex Tillerson pushing for Trump to keep the agreement. The Free Beacon first reported last week that disagreements between Tillerson and Haley on the matter have been a source of tension in the State Department.

“The State Department has been fighting [Trump] at every turn because Tillerson and his Obama holdovers want to preserve the deal,” the source explained. “So suddenly they’ve begun downplaying Iranian missile launches, because that would make it obvious how the deal isn’t in America’s national interest.”

Iranian President Hassan Rouhani has vowed a fierce response if the United States decides to leave the deal, saying in a recent interview such a move would “yield no results for the United States, but at the same time, it will generally decrease international trust placed in Washington.”

Iran is prepared to respond if the United States abandons the agreement.

“We have thought long and hard about our reactions,” Rouhani said, noting that these reactions would come “quite swiftly” and “probably within a week.”

Meanwhile, Iranian military leaders have disclosed the Islamic Republic continues to build advanced weaponry, despite international bans on some of these arms.

“Different missiles and ground combat weaponries, along with our air defense and marine combat systems, are all made in Iran and our ready-to-service experts will continue this path robustly,” Brigadier General Amir Hatami, Iran’s defense minister, said during the weekend.

Tillerson, Haley Clash Over Iran Nuclear Deal

September 21, 2017

Tillerson, Haley Clash Over Iran Nuclear Deal, Washinton Free Beacon , September 20, 2017

Secretary of State Rex Tillerson and Ambassador to the UN Nikki Haley / Getty Images

In a sign of the ongoing internal dissent over ending the landmark nuclear agreement with Iran, multiple sources told the Washington Free Beacon that Secretary of State Rex Tillerson and United Nations Ambassador Nikki Haley have been at odds over the deal, with Trump’s U.N. ambassador privately expressing dismay with Tillerson over his continued efforts to preserve the nuclear agreement.

Tillerson and Haley held a private powwow Wednesday with international leaders regarding the future of the nuclear deal, a sign of Haley’s vital role in the Trump administration’s key foreign policy issue.

The meeting is likely to underscore mounting tensions between Haley and Tillerson on the issue, according to multiple sources with knowledge of the situation, who told the Free Beacon that Haley views Tillerson’s efforts to preserve the deal as anathema to Trump’s own policy agenda.

The division is one of several that Tillerson has sparked within the administration, particularly in the West Wing, where the secretary of state has been described as in “open war” with Trump on a series of major foreign policy issues, including Iran and the Israel-Palestinian impasse.

“The tension between Rex and Nikki is the worst kept secret in the State Department,” according to one veteran foreign policy hand who has been in close contact with the State Department on the issue.

Haley “thinks that [Tillerson is] trying to undermine the president and preserve Obama’s Iran legacy, which is true,” explained the source, who would only discuss the sensitive matter on background. “He thinks she’s running her own foreign policy and auditioning for his job, which is also true.”

These tensions have “spilled into the open” several times “over the last few weeks,” but were quickly dispelled in order to promote a public face of unity within the Trump administration, according to the source and others who spoke to the Free Beacon.

“It will keep happening as long as the secretary keeps working to force Trump to certify while the ambassador keeps working to promote what Trump says he wants,” the source said.

Asked about the Wednesday joint meeting and report of divisions between Haley and Tillerson, a State Department official denied the divisions and said both senior administration officials are working together.

“We are not going to get ahead of any meetings and we are not going to discuss internal U.S. government discussions,” a State Department official, speaking only on background, told the Free Beacon in response to questions about reported tensions. “The secretary and Ambassador Haley work in close cooperation to address the most pressing national security challenges.”

Another veteran Republican foreign policy adviser who has advised multiple U.S. officials on the Iran portfolio confirmed the internal divisions between Tillerson and other senior administration officials such as Haley, telling the Free Beacon the secretary of state remains a chief voice pushing for the Iran agreement to remain in place.

“Tillerson is buying what the Europeans are selling and he’s really pushing the president to recertify,” said the source, who also requested anonymity to discuss internal conversations. “The Republicans on Capitol Hill don’t want this to fall into their lap so they’re backing Tillerson for now. Haley is doing what she can to fight for what’s right, but it might not matter if [Secretary of Defense] Mattis backs up Tillerson.”

“President Trump’s going to be totally humiliated by the Iranians if he falls for something this stupid,” the source said.

These tensions over the Iran deal have also been making waves on Capitol Hill, where opponents of the deal view Haley as one of their chief allies.

“Haley clearly understands that the status quo is unsustainable,” said one senior congressional official involved in the matter. “She recognizes that the nuclear deal has been a complete disaster for the United States and our allies.”

“Meanwhile, Tillerson continues to pursue his own agenda at State with little regard for the president’s priorities,” the official said. “It’s good to see Haley stand firm as the voice of reason, and urge Tillerson and other Iran sympathizers to end their rogue behavior.”

Haley and Tillerson are expected to raise the issue of renegotiating the Iran deal with international allies, a proposal that is not likely to gain much traction.

The Europeans have already reengaged in business with Iran and view attempts to re-litigate the accord as damaging to their financial interests.

Richard Goldberg, a longtime foreign policy strategist who was one of the chief architects of Iran sanctions during his time as a senior congressional adviser, told the Free Beacon the Europeans cannot be trusted to crack down on Iran’s increasingly belligerent activities, such as ballistic missile tests.

“The president would be foolish to recertify Iran on Europe’s empty promise of “fixing” the deal,” said Goldberg, the author of a recent memo outlining for the Trump administration how it can remove the U.S. from the nuclear deal. “Unless European leaders credibly believe President Trump might reimpose sanctions at any moment, they will say nice things in meetings and do absolutely nothing to ‘fix’ a fundamentally bad deal they already accepted.”

Given this scenario, Trump’s best move it to designate Iran as in violation of the deal in the coming weeks, Goldberg said, explaining that European government’s would have no choice but to comply with any new U.S. sanctions on Tehran.

“The president has no other option than to decertify and hold the re-imposition of sanctions over both Europe and Iran as a financial Sword of Damocles until we see behavioral change by the regime,” he said.

European promises to help crack down on Iran are being viewed as hollow in light of an upcoming international gathering next month between the European Union and Iran that is aimed at boosting commercial trade.

PM to present Trump with ‘concrete ideas’ on Iran deal

September 18, 2017

PM to present Trump with ‘concrete ideas’ on Iran deal, Israel Hayom, Gideon Allon, September 18, 2017

(Please see also, Trump considers ending Iran deal ahead of key deadline. –DM)

As PM Benjamin Netanyahu prepares to discuss Iranian threat with U.S. President Donald Trump in New York, Israeli media reports that the IAEA failed to investigate undisclosed, suspected nuclear sites in Iran • Netanyahu meets with U.S. Jewish leaders.

Prime Minister Benjamin Netanyahu welcomes U.S. President Donald Trump during the latter’s visit to Israel | Photo: GPO

Prime Minister Benjamin Netanyahu was busy Monday making final preparations for his meeting with U.S. President Donald Trump later in the day, where he was expected to lobby against the Iran nuclear agreement.

Netanyahu was scheduled to meet Trump at 1 p.m. (8 p.m. Israel time), where the Israeli premier is expected to reiterate his call on the American president to amend or scrap the agreement reached between Iran and Western powers in July 2015.

As another deadline to certify that Iran is adhering to the agreement looms – by law, Iran’s compliance must be certified every 90 days – it appears that Trump may be amenable to Netanyahu’s demands. Trump has declared in the past that he did not wish to certify Iran’s compliance next month, putting the future of the deal in question.

Netanyahu’s office said Sunday that the prime minister planned to present Trump with “concrete ideas” as to how to change or reverse the nuclear agreement.

Netanyahu was also preparing for his address to the United Nations General Assembly, scheduled for Tuesday. Efforts have reportedly been made to coordinate the key arguments of Netanyahu’s address, which will also focus on the Iranian threat, with those of the American president’s address, to avoid any obvious contradictions. This effort was a result of the gaps that emerged between the positions expressed by Netanyahu and Trump’s predecessor Barack Obama at last year’s general assembly.

Netanyahu’s address is expected to be shorter than in previous years, and include a direct appeal to Iranian Supreme Leader Ali Khamenei.

Netanyahu was preparing his address when Israeli paper Haaretz reported Sunday that International Atomic Energy Agency inspectors failed to investigate information regarding a number of undeclared, suspected nuclear sites in Iran. The paper quoted officials as saying that “almost all the suspected sites have not been visited by IAEA inspectors – either because of Iran’s refusal to grant entry or U.N. officials’ reluctance to confront Iran on the issue.”

Besides his strong opposition to the nuclear agreement with Iran, Netanyahu was expected to relay Israel’s concern over Iran’s presence in Syria, close to Israel’s northern border.

Upon landing in New York last week, Netanyahu reiterated the message that “Israel will not tolerate an Iranian presence at our northern border. It is a military presence that poses a threat not only to us, but also to our Arab neighbors and we will be forced to act against it.”

Meanwhile, Netanyahu met on Sunday with leaders of the U.S. Jewish community. Representatives of the Reform and Conservative Jewish movements voiced disappointment at not being granted meetings with Netanyahu, wanting to discuss Jerusalem’s recent decision to scrap plans for an egalitarian prayer plaza at the Western Wall – a decision that drew the ire of many Reform and Conservative Jews in the U.S.

Trump considers ending Iran deal ahead of key deadline

September 18, 2017

Trump considers ending Iran deal ahead of key deadline, Washinton ExaminerSarah Westwood, September18, 2017

The October benchmark will be the first recertification to occur without Bannon and Gorka, two strong opponents of the JCPOA, on the president’s team.

Gorka said he was unsure if anybody left in the West Wing is pushing for a full decertification of the Iran deal. But he noted Trump will ultimately make his own decision, regardless of their counsel.

“I think the president is an army of one,” Gorka said. “My prediction is the president will not want to recertify.”

************************************

President Trump is weighing whether to nullify the Iran nuclear deal next month, as proponents of the agreement rally to its defense ahead of a key deadline that will force Trump to reevaluate its future.

The president faces pressure to fulfill his campaign promise to end the Iran nuclear agreement, which he has called the “worst deal ever negotiated.” Known formally as the Joint Comprehensive Plan of Action, the deal requires the State Department to certify to Congress every 90 days that Iran is still complying with the agreement under the terms ironed out by the Obama administration in 2015.

Some top Trump aides have urged the president to preserve the Iran deal at the next 90-day mark in October. H.R. McMaster, his national security adviser, and Secretary of State Rex Tillerson have cautioned Trump against scrapping the JCPOA despite his deep skepticism of the agreement, a source familiar with the talks told the Washington Examiner.

But others close to the president have urged him to follow through on his threats to dismantle the deal and have attempted to craft a new strategy for dealing with Iran in the event Trump ends the JCPOA.

Sebastian Gorka, former strategist to the president, said Trump resisted the recertification process at the most recent 90-day deadline in July, when he requested more information from his aides about how he could end the agreement.

“The president didn’t want it recertified last time,” Gorka told the Washington Examiner.

The former White House adviser, who stepped down last month, suggested Trump did not undo the Iran deal this summer only because he had not yet received from his team a set of satisfying alternatives to the agreement.

“Last time, he didn’t do it because he hadn’t been given an adequate path, the scenario hadn’t been provided to him” to decertify the deal, Gorka said.

But soon after Trump requested a draft plan to dismantle the Iran deal, Gorka said he and another top aide tasked with overseeing the creation of the plan, former White House chief strategist Steve Bannon left the West Wing and were unable to pass on their findings to the president.

“Those options were never presented to him because of Steve’s resignation and my resignation,” Gorka said.

Bannon had enlisted the help of at least one outside adviser to give Trump options should he choose to exit the Iran deal.

John Bolton, former U.S. ambassador to the United Nations, wrote in a late August memo published in National Review that Bannon had approached him shortly after the most recent recertification and asked him to prepare a “game plan” for withdrawing from the JCPOA.

“[S]taff changes at the White House have made presenting it to President Trump impossible,” Bolton wrote of his Iran deal withdrawal plan. “Although he was once kind enough to tell me ‘come in and see me any time,’ those days are now over.”

Bolton’s memo advises Trump to conduct “early, quiet consultations,” beginning with private phone calls from the president, with key allies like Israel and countries that had signed onto the deal, such as France and Germany. Those early conversations should provide a friendly warning about the decision ahead and should help those countries understand why the administration was pulling back from the agreement, Bolton wrote. Then, Bolton advised Trump to undergo an expanded diplomatic campaign aimed at rallying support around the world for new sanctions against Iran once the deal was no longer in place.

Proponents of the JCPOA argue the independent inspections Iran must undergo as a condition of the deal have so far turned up no evidence of explicit violations, proving it has been a success. The International Atomic Energy Agency, the organization that perform the inspections, reportedly conducted more than 400 site visits in 2016 and has informed the international community that Tehran remains in compliance with limits on its centrifuges and uranium enrichment.

The Trump administration has publicly given little indication of where the president plans to go with the JCPOA in the coming weeks. Trump has already recertified the deal twice, although in April, he called for a sweeping review of whether the sanctions relief Iran won as part of the deal remains in the U.S. national interest.

“We’re continuing to conduct a full review of our Iran policy. That has certainly not changed,” State Department spokeswoman Heather Nauert told reporters on Sept. 12. “During the course of the review — and I’ll say this again — that we will continue to hold Iran accountable for its malign activities.”

U.S. Ambassador to the United Nations Nikki Haley began earlier this month to make the administration’s case for breaking with the deal. Instead of focusing only on whether Iran remains within the parameters of the JCPOA, Haley argued, the U.S. should take a broader view of all Iranian provocations, including the activity of the Iranian Revolutionary Guard Corps, support for Hezbollah, and ballistic missile development, and decide on a more comprehensive Iran policy.

“The question of Iranian compliance is not as straightforward as many people believe,” Haley said during a speech to the American Enterprise Institute on Sept. 5. “It’s not just about the technical terms of the nuclear agreement. It requires a much more thorough look.”

The administration moved quickly to signal its low tolerance for Iranian aggression after Trump took office. By early February, Trump had sanctioned more than two dozen people and groups in response to a ballistic missile test Tehran conducted in late January, and his then-national security adviser, Gen. Mike Flynn, had announced that Trump planned to put Iran “on notice” over its provocations.

Trump’s State Department reissued waivers in May that continued to lift sanctions on Iran, which the Obama administration had granted in exchange for compliance with the JCPOA. But Trump also hit several Iranian individuals and entities in May with fresh sanctions related to their aggression outside the terms of the nuclear deal.

And the Trump administration issued a new round of sanctions in July aimed at IRGC-affiliated groups that had engaged in ballistic missile development, among other provocative activities.

Fred Fleitz, senior vice president for policy at the Center for Security Policy, said some critics of the deal have presented options that would keep the JCPOA in place while punishing Iran more severely for bad behavior outside of it.

“They’re trying to find a way to allow the president to do something so he can make a big announcement without pulling out,” Fleitz said of that camp, noting their overall objection for the recertification next month would be to “wrap this in a big, new, anti-Iran policy.”

“The jury is out on what the president is going to do,” Fleitz said.

But Trump has spent months excoriating the deal and blasting the Iranian regime for its aggression. Fleitz said it would make little sense for Trump to continue approving an agreement he has described as dangerous.

“I just think it’s ridiculous to say the deal’s not in our interest and stay in it,” Fleitz said.

Any effort to abrogate the JCPOA would face fierce opposition from the Iran deal’s supporters, all of whom characterize the agreement as the only thing standing between the regime and a nuclear weapon.

However, Trump would earn applause from some members of Congress for following through on his threats to Iran.

Republican lawmakers — including Sens. David Perdue, Tom Cotton, Ted Cruz, and Marco Rubio — have urged Trump to reconsider the suspension of sanctions at the heart of the Iran deal.

Less than a month before the next recertification deadline, one source close to the administration told the Washington Examiner that Trump is “leaning towards decertifying” the Iran deal.

The October benchmark will be the first recertification to occur without Bannon and Gorka, two strong opponents of the JCPOA, on the president’s team.

Gorka said he was unsure if anybody left in the West Wing is pushing for a full decertification of the Iran deal. But he noted Trump will ultimately make his own decision, regardless of their counsel.

“I think the president is an army of one,” Gorka said. “My prediction is the president will not want to recertify.”