Posted tagged ‘P5+1’

Why won’t Obama stop lying about Iran’s military budget?

September 2, 2015

Why won’t Obama stop lying about Iran’s military budget? Front Page Magazine, Daniel Greenfield, September 2, 2015

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Obama claimed that ISIS was only a “jayvee” team even as it was capturing Iraqi cities. Now he wants us to believe that Iran is just another “jayvee” team even as it’s taking over Iraq, Syria and Yemen.

Like the rest of his Iran deal talking points, the one about Iran’s tiny military budget is false, and not only is it false, but his claim about how small Iran’s military budget keeps changing.

A few weeks ago, in a speech at American University, he was  claiming that “The defense budget of the United States is more than $600 billion. To repeat, Iran’s is about $15 billion.”

“Iran’s defense budget is $30 billion. Our defense budget is closer to $600 billion. Iran understands that they cannot fight us,” Obama had told the New York Times in April.

Just now, he told the Forward, “As I pointed out repeatedly, Iran’s annual defense budget is about $15 billion.”

What is Iran’s military budget? Read Obama’s lips. It’s either $15 billion or $30 billion.

Either Iran’s military budget changes every time Obama gives a speech or he’s playing with numbers to make it seem small. If $30 billion still seems big, how about $15 billion? And if $15 billion is still too big, get ready for the $7.5 billion Iranian defense budget. How can you be worried about that?

Obama is borrowing a trick from the Manchurian Candidate. No one is talking about how big Iran’s military budget is, but debating how small it is. And how small is it?

Iran’s military is at over 500,000 in strength. The Basji militia claims to be able to mobilize millions more. It has a nuclear weapons program and some of the most advanced indigenously developed weapons programs in the region. Iran is currently involved in wars in Syria and Iraq. Its proxy armies have carved up Lebanon and Yemen, and are slavering over Bahrain.

Not bad for $15 billion or $30 billion or whatever Obama is claiming it is this week.

Of course Iran’s budget isn’t $15 or $30 billion. It spent $11 billion on the Bushehr reactor alone. Its nuclear program cost upward of $100 billion. Obama’s deal requires him to claim that the program is peaceful, but who really believes that a country sitting on a mountain of gas and oil blew that much money just to lower the cost of electricity a little bit?

How much money is Iran really spending to expand its territory and influence?  Iran is allegedly spending billions a month to back Assad’s military campaign. The total may come to as much as $35 billion a year.

That’s more than more than twice as much as Obama’s current estimate of its military budget.

The Hezbollah terror group has received billions from Iran over several years. Islamic Jihad in Israel gets between $100 and $150 million a year.  Iran cut off aid to Hamas due to the Sunni-Shiite shift. Since then relations are slowly being restored, but it’s unclear how much money this will mean for the terror group. In 2007, Iran had pledged $250 million in aid. It’s unknown how much money Iran is spending on its Houthi terrorists in Yemen or how much money it’s spending on Shiite militias in Iraq and Syria.

In 2007, a senior Hezbollah terrorist captured by the US claimed that Iran was providing $3 million a month to Shiite terror groups to attack Americans in Iraq. Considering that the Shiite militias now dominate Baghdad and other parts of Iraq and number in the tens of thousands, it’s a safe bet that the bill for maintaining Tehran’s terrorist army in Iraq has gone up a whole lot since then.

It’s unknown how much Iran is spending on its Shiite militias in Syria, but the NDF reportedly has 100,000 men and is being trained and financed by Iran.

And this is just the visible ground forces.

Iran also has an international terrorist network which it has used to carry out terror attacks everywhere from Argentina to Thailand to Saudi Arabia to Paris. No country since the USSR has anything like it in its scope and organizations like that cost money. We can’t even begin to guess how much Iran spends on it.

But there are hints. The investigation into Iran’s bombing of the Jewish Community Center in Argentina was stymied by bribery attempts and climaxed in the assassination of Alberto Nisman, the Special Prosecutor who had accused President Kirchner of a cover-up in return for business deals with Iran.

That sort of arrangement doesn’t come cheap. Iran is willing to spend a lot of money to maintain a global terror network and then to clean up after it.

So what is Iran’s real military budget?

It has the biggest ballistic missile arsenal and the only known nuclear weapons program in the region. It has the largest number of active military personnel in the region and its militias control large sections of four other countries. It has indigenously developed fighter jets and a global terrorist network. It has drone bases, submarines and is the “the holder of the largest chemical weapons stockpile” in the area.

This doesn’t come cheap and you can’t have all that on the military budget of Colombia. If you believe Obama, then Iran has a smaller military budget than Israel and Saudi Arabia even though the military spending in both countries is largely focused on countering threats from Iran. If you believe Obama, Iran is no match for any of its neighbors, and yet it’s conquering or terrorizing them one by one.

But with Obama, the devil is usually in the details. He emphasizes the “defense budget”, but despite its official claims, Iran doesn’t play defense. It goes on the offensive. Its constitution states that its military is an “ideological army” built to fulfill “the ideological mission of jihad in Allah’s way; that is, extending the sovereignty of Allah’s law throughout the world.”

Or as the Ayatollah Khomeini said, “Islam makes it incumbent on all adult males… to prepare themselves for the conquest of [other] countries so that the writ of Islam is obeyed in every country in the world.”

Iran doesn’t have a defense budget. Like Nazi Germany or the USSR, its entire system is militarized. A portion of its money goes to the business of government. A portion of that exists officially as a defense budget, most of which is swallowed up by Iran’s Revolutionary Guard (IRGC). The IRGC is a terrorist group with its own army and air force that is involved in wars across the region.

None of these numbers really mean anything because Iran’s accounting would make the mafia blanch. Iran is an oligarchy built on a complex network of organizations. State-owned enterprises, generals, Islamic foundations and terrorist bosses move money around using everything from oil to heroin.

The official budget means even less than it does in Russia. It’s just a number you read in the newspaper.

The IRGC controls construction companies, nuclear plants, airports, banks and ports. Imagine if GE, HSBC and Berkshire Hathaway were all one entity and had their own army. That’s the IRGC. Its annual revenue is estimated to be higher than Obama’s estimate for Iran’s entire defense budget.

Iran doesn’t have a defense budget. Its economy is its military budget. The IRGC controls at least a third of the country’s GDP and the vast majority of its exports. It claims a majority of the official defense budget, but unofficially it controls a majority of Iran’s economy.

It’s also responsible for exporting terrorism worldwide.

Obama’s claims about Iran’s tiny defense budget, which shrinks every time he gives a speech, are a lie. He claims that the “Gulf States, combined, spend about eight times” as much as Iran does. In fact, Iran spends at least as much if not more because most of its military budget is as black as night.

Ever since he struck a deal with Iran’s terror regime, he’s been knowingly passing on misinformation from that regime. And Obama can’t even seem to keep the phony budget numbers he’s using straight.

Obama has told many lies about his Iran deal. But this is more than just another lie. Minimizing Iran’s military spending to make it look as harmless as possible endangers American national security. There are already reports that Obama worked to tamper with ISIS intelligence materials to make the terror group look weak. It was his insistence that ISIS was only a jayvee team that let it take over cities.

Now he wants to convince Americans that Iran is just another jayvee team we shouldn’t take seriously. Pay no attention to the nukes or the worldwide terror rings. Its fake military budget is so small.

Obama deserves to be called out for every lie he has told about his disastrous Iran deal. But it’s important to our national security to call him out for his big lie about Iran’s little military budget.

Khamenei: U.S.Is The Enemy’; ‘We Must Combat The Plans Of The Arrogance With Jihad For The Sake Of Allah

September 1, 2015

Khamenei: U.S.Is The Enemy’; ‘We Must Combat The Plans Of The Arrogance With Jihad , MEMRI, September 1, 2015

(Does Iran’s Supreme Leader refer to Obama’s America or to the United States? There’s a difference. — DM)

On August 17, 2015, just over a month after the announcement of the JCPOA in Vienna, Iranian Supreme Leader Ali Khamenei said in a speech at a conference held by the Iranian Shi’ite Ahl Al-Bayt organization that the U.S. is the embodiment of the enemy of the Islamic peoples and of Iran. It must be fought with military, cultural, economic, and political jihad, he said, adding that Islamic Iran is not interested in reconciling with it. He further claimed that the U.S. is attempting to divide the Islamic world into Shi’ite and Sunni camps that will wage a religious war against each other, and in this way gain it will be able to gain control over the peoples of the region.[1]

Iran, he stressed, stands behind the resistance axis, opposes the division of Syria and Iraq, and will continue to support anyone who fights Israel.

Following are excerpts from a report on the speech that was posted on Khamenei’s website (Leader.ir):

“[Khamenei said:] ‘We must combat the plans of the arrogance [i.e. the West, led by the U.S.] with jihad for the sake of Allah.’ The Leader pointed to ‘America’s efforts to exploit the results of the nuclear talks and exert economic, political, and cultural influence in Iran’ and to the plots of the power-hungry order aimed at sowing conflict and gaining influence in the region. The Leader called for ‘adopting the correct plans in order to wisely and consistently fight this plot, in an offense against it and a defense against it.’

“[Khamenei said:] ‘Jihad for the sake of God does not only mean military conflict, but also means cultural, economic, and political struggle. The clearest essence of jihad for the sake of God today is to identify the plots of the arrogance in the Islamic region, especially the sensitive and strategic West Asian region. The planning for the struggle against them should include both defense and offense.

“[He continued:] ‘The plots of the arrogance in the region have continued for a century, but [its] pressure and plotting increased after Iran’s Islamic Revolution [1979], in order to prevent [this Revolution] from spreading to other countries. For 35 years, the regime in Iran has been subjected to threats, sanctions, security pressure, and various political plots. The Iranian nation has grown accustomed to this pressure. After the Islamic awakening movement blossomed in recent years in North Africa [i.e. the Arab Spring], the enemy greatly stepped up its plots in the West Asian region because of its panic.

“‘The enemies thought that they could suppress the Islamic awakening movement, but it cannot be suppressed. It continues, and sooner or later it will prove itself as reality.

“‘The power-hungry order led by the United States of America is the perfectly clear embodiment of “the concept of the enemy.” America has no human morality. It carries out evil crimes under the guise of flowery statements and smiles. The enemy’s plot is two pronged: creating conflict and [exerting] influence. [The enemy sows conflict] among governments, and, worse, among the nations. At this stage, they are using the Shi’a and the Sunna to create conflict among the nations. Britain is an expert in sowing conflict; the Americans are its apprentices.

“‘Establishing violent despicable criminal takfiri circles, which the Americans have acknowledged establishing, is the main means of sowing conflict, ostensibly religious conflict, among [the Muslim] nations. Sadly, some innocent and ignorant Muslims have been fooled by this plot, and have been tricked by the enemy and fallen into its trap. Syria is an obvious example of this. When Tunisia and Egypt, with Islamic slogans, ousted their infidel governments, the Americans and Zionists decided to use this formula to eliminate the countries of the resistance, turning their attention to Syria. After the events in Syria began, some ignorant Muslims were tricked by the enemy and dragged Syria to its current situation. What is happening today in Iraq, Syria, Yemen, and other countries, which some people insist on calling “a religious war,” is in no way a war of religion [i.e. Sunni vs. Shi’ite], but a political war. The most important duty today is to remove these conflicts.

“‘I have explicitly stated that Iran reaches out in friendship to all the Islamic governments in the region, and that we have no problem with Muslim governments. Iran has friendly relations with most of its neighbors. Some still have conflicts with us; they are stubborn, and carry out nefarious acts, but Iran aspires to good relations with its neighbors and with the Islamic governments, especially with the governments in the region. The basis for Iran’s conduct comprises the principles laid out by Imam Khomeini, which he used to bring about victory for the Islamic Revolution, and he led it to a phase of stability.

“‘One of the principles of the [Islamic] regime [in Iran] is to be “forceful against the disbelievers, merciful amongst themselves [Koran 48:29].” On the basis of Imam Khomeini’s lesson, we do not wish to reconcile with the arrogance, but we aspire to friendship with our Muslim brothers. When we support [any of] the oppressed, we ignore the religious element; we provide the same aid to our Shi’ite brothers in Lebanon and to our Sunni brothers in Gaza. We see the Palestinian issue as the chief issue of the Islamic world.

“‘There must be no exacerbation of the conflict in the Islamic world. I oppose any conduct, even by Shi’ite circles, that creates conflict. I condemn the insults against the sanctities of the Sunna.

“‘The U.S. has aspired for decades to infiltrate the region and regain its lost reputation. The Americans wish to infiltrate Iran with the [JCPOA] agreement, whose fate in Iran and in the U.S. is still unknown. But we have decisively blocked this path, and we will do anything to keep them from infiltrating Iran economically, politically, and culturally.

“‘Iran’s regional policy is the opposite of America’s. While [America] seeks to divide the countries of the region and to create statelets that obey it, this will not happen. Some were amazed by statements I made in the past about America’s attempt to divide Iraq, but today the Americans themselves honestly acknowledge this. The Americans’ clear goal is to divide Iraq, and, if they can, Syria as well. But the territorial integrity of the countries of the region – Iraq and Syria – is very important to Iran.

“‘Iran supports the resistance in the region, including the Palestinian resistance, and we will support anyone who struggles against Israel and strikes at the Zionist regime. Iran’s chief policy is a struggle against America’s policy of division and its sowing of conflict. We do not recognize the Shi’a that is based in London and works in the service of the arrogance.

“‘In contrast to unfounded claims, Iran is not interfering in Bahrain and Yemen, but will continue to support the oppressed. The massacre of oppressed Yemenis and the destruction of that country must be strictly condemned. Promoting some [Saudi] political goals via foolish methods results in ongoing crimes against the Yemeni people.

“‘There are also painful events in Pakistan and Afghanistan. Muslims must be wise and vigilant, and thus they will solve these problems.

“‘The Islamic Radio and Television Union [organization in Iran] is an important center in the struggle against the dangerous empire of the sophisticated American-Zionist media mafia. We must strengthen and grow this movement…

“‘The future of the region belongs to the Muslim nations. Islam’s might is clear and will be maintained because of the presence of the fighting men and women.'”[2]

_________________

Endnotes:

[1] It should be noted that in the main Friday sermon in Tehran on August 28, 2015, prayer leader Ayatollah Kazem Seddiqi advised the officials in the government of Iranian President Hassan Rohani not to be misled by the West and the U.S. following the JCPOA, because they are “cannibals, liver-eaters, and anti-religion.” Fars, Iran, August 29, 2015.

[2] Leader.ir, August 18, 2015.

Meet the Iran Lobby

September 1, 2015

Meet the Iran Lobby, Tablet MagazineLee Smith, September 1, 2015

In part, Parsi and NIAC’s relative anonymity is the work of a White House that would rather pretend that there is no Iran Lobby, in accordance with the standard Beltway wisdom that a “lobby” is any group of people who advocate things that you are opposed to (lobbies that advocate things you are for are known as “supporters”). But the White House surely knows better, in part because so many friends and graduates of the Iran Lobby now staff key Iran-related government posts. The White House’s Iran desk officer, Sahar Nowrouzzadeh, for example, is a former NIAC employee. NIAC’s advisory board includes two former U.S. diplomats, Thomas Pickering, a former ambassador to Israel, and John Limbert, who was held hostage by the revolutionary regime in 1979. 

Most important, of course, Parsi found common cause with a White House that believed the same things he did: The United States and Iran should be closer, and all that was preventing rapprochement was Israel and AIPAC. “NIAC didn’t really need to write their talking points anymore,” said Dai. “Because they were coming from the White House.

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

Trita Parsi, the Iranian-born émigré who moved to the United States in 2001 from Sweden, where his parents found refuge before the Islamic Revolution, should be the toast of Washington these days. As I argued in Tablet magazine several years ago, Parsi is an immigrant who in classic American fashion wanted to capitalize on the opportunity to reconcile his new home and his birthplace. And now he’s done it: The founder and president of the National Iranian American Council (NIAC), the tip of the spear of the Iran Lobby, has won a defining battle over the direction of American foreign policy. The Joint Comprehensive Plan of Action not only lifts sanctions on Iran, a goal Parsi has fought for since 1997, but also paves the way for a broader reconciliation between Washington and Tehran across the Middle East.

In Washington, to have the policies you advocate implemented with the full backing of the president counts as a huge victory. Winning big like this means power as well as access to more money, which flows naturally to power and augments it—enhancing reputations and offering the ability to reward friends and punish enemies. And yet, Parsi (who declined comment for this story) has got to be frustrated that very few in the halls of American power—either in government or in the media—are celebrating the Iran lobby for its big win. It seems the only thing people can talk about is the big loser in this fight over Middle East policy—the pro-Israel lobby, led by AIPAC. It’s as if Parsi and NIAC had nothing to do with the Obama Administration’s decision to move closer to Iran while further distancing itself from Israel.

“It’s a huge win for NIAC,” said one Iranian-American analyst who requested anonymity. “Every other part of Iranian-American advocacy—from the Mujahedin-e Khalq, to the washed-up old monarchists—is useless, and then in comes Trita and he’s slick, presentable, and knows how to build an impressive network.” So, why is the rise of the Iran Lobby both Washington’s biggest and also its least-heralded success story of the past six years?

In part, Parsi and NIAC’s relative anonymity is the work of a White House that would rather pretend that there is no Iran Lobby, in accordance with the standard Beltway wisdom that a “lobby” is any group of people who advocate things that you are opposed to (lobbies that advocate things you are for are known as “supporters”). But the White House surely knows better, in part because so many friends and graduates of the Iran Lobby now staff key Iran-related government posts. The White House’s Iran desk officer, Sahar Nowrouzzadeh, for example, is a former NIAC employee. NIAC’s advisory board includes two former U.S. diplomats, Thomas Pickering, a former ambassador to Israel, and John Limbert, who was held hostage by the revolutionary regime in 1979. Past speakers at NIAC leadership conferences include Joe Biden’s National Security Adviser Colin Kahl, and the White House’s Middle East Director Rob Malley. Other past speakers from the political realm include: Robert Hunter, former U.S. ambassador to NATO; PJ Crowley, State Deptartment spokesperson under Hillary Clinton; Hans Blix, former director general of the IAEA. Other reputable names include figures like Aaron David Miller from the Wilson Center, Robert Pape from the University of Chicago, and Suzanne Maloney from the Brookings Institution.

Indeed, the impressive roster of speakers at NIAC events is evidence of Parsi’s assiduous cultivation of friendly contacts, both here and in Iran. The biggest NIAC booster in academia is the author of The Israel Lobby himself, Harvard University’s Steven Walt. The in-house portion of Parsi’s network also includes public intellectuals, like Iranian-American authors Hooman Majd and Reza Aslan, as well as figures from Iranian business concerns, like Atieh Bahar, who are reportedly close to the Iranian regime, especially former President Akbar Hashemi Rafsanjani.

According to a deeply informed video series posted earlier this month by Iranian-American activist Hassan Dai, Parsi has partnered with Atieh Bahar since the very beginning of his career as an Iran lobbyist in order to promote a pro-trade agenda, which of course will inevitably help the regime. (In 2008, Parsi sued Dai, claiming he had “defamed them in a series of articles and blog posts claiming that they had secretly lobbied on behalf of the Iranian regime in the United States.” The U.S. District Court for the District of Columbia found in 2012 the work of NIAC, which wasn’t registered under the Foreign Agents Registration Act, “not inconsistent with the idea that he was first and foremost an advocate for the regime.”) “Parsi believed that what stood between U.S.-Iran trade and dialogue,” said Dai, “was AIPAC.”

NIAC not only modeled itself after AIPAC, Dai said, it waged a crusade against it. “Back in 2004 Parsi gave a talk to European ambassadors saying that Israel and AIPAC stood between better relations between the United States and Iran. That turned into his dissertation at Johns Hopkins and later his [2007] bookTreacherous Alliance: The Secret Dealings of Israel, Iran, and the US.”

As it happens, Parsi was able to tap into a pool of support for his ideas. According to NIAC’s financial statement, the majority of the organization’s money comes from community support, while a portion comes from foundations, like the Ploughshares Fund, which has spent lots of money to influence U.S. policy toward Iran—“millions of dollars,” according to Michael Rubin writing for Commentary, “to pro-administration groups to support whatever Iran deal came out of Vienna.”

Most important, of course, Parsi found common cause with a White House that believed the same things he did: The United States and Iran should be closer, and all that was preventing rapprochement was Israel and AIPAC. “NIAC didn’t really need to write their talking points anymore,” said Dai. “Because they were coming from the White House.”

To push through the Iran deal, the White House, including the president himself, waged a brutal campaign against the prime minister of Israel and the pro-Israel community, even, some have argued, accusing JCPOA opponent Sen. Chuck Schumer of dual loyalty. Parsi, some of whose anti-Israel sentiments have previously been documented, followed suit. Most recently, he suggested that the Associated Press had printed an Israeli forgery of an IAEA agreement with Iran that allowed the Islamic Republic to self-inspect its Parchin military base. When AP reporters and others on Twitter challenged Parsi’s absurd allegation slandering a trusted Western news source, the Iran lobby chief backed down—but not before he’d put his obsession with Israel and Jewish power on full display.

NIAC, whose direct expenditure of a little over a million dollars is a tiny fraction of AIPAC’s Iran deal campaign budget, won because it was aligned with the White House. And instead of boasting and posturing about his power and top-level access, as AIPAC is wont to do, Parsi understood his role. Like J Street, NIAC was cast to play second banana to the President’s star turn and stay close to the White House and make the case to journalists and other intellectuals who weren’t already sold on the idea of rapprochement with Iran—and on the idea that Israel is a big problem for the United States.

The paradox is that Parsi deserves lots of credit for his victory, but he can’t cash his checks too publicly—because the American public doesn’t like Iran. Which in turn points up a major difference between the pro-Israel lobby and the pro-Iran lobby—both of which, I want to add, contrary to critics on both the left and the right, make entirely legitimate use of the American democratic system to advocate for their respective points of view.

Where NIAC differs from AIPAC is in its relation to American public opinion. AIPAC has never been about selling access to the Israeli economy: In fact, AIPAC piggy-backed on the huge well-spring of affection that the American public has for Israel in order to establish itself as a power in Washington. If Americans want to invest in an IT firm in Herzliya, or a gift shop in Tzfat, donating money to AIPAC is unlikely to be of much help: They’re free to take their chances and fight through the red tape. Nor is it clear that pursuing exciting economic opportunities in Israel has ever been a particular motivating force for pro-Israel activism. The pro-Israel lobby never sold anything except the opportunity for Americans—Jews, evangelical Christians, and mainstream Democrats and Republicans alike—to feel even better about supporting something they already felt good about, for personal, ethnic, ideological, religious, sentimental, and other such reasons.

The pro-Iran lobby on the other hand has no real base of popular support in America: Many Iranians in America are in fact deeply opposed to the regime in Tehran, and see NIAC as a regime tool. What NIAC has to offer instead, like the Saudi lobby before it, is access, which is a big reason why Parsi has been fighting sanctions for nearly two decades. For an Iran Lobby to have any heft, it needs to be able to deliver the goods to its supporters. With sanctions, the Iran Lobby has been largely crippled, because it has very little to offer: It was able to accumulate the power it has now only because the Administration clearly signaled its desire to do business with Iran, thereby offering NIAC supporters at least some mathematical expectation of a future payout. Now, if the JCPOA gets through Congress, that payout is likely to be tremendous, as the Iran Lobby will be able to help broker access to anything and everything in Iran—from industry, to schools, to opportunities for journalists and academics, etc.—which will in turn make NIAC and the Iran Lobby that much more powerful.

One of the chief ironies of the ongoing debate over the Iran deal is that both defenders and detractors of a supposedly all-powerful “Israel Lobby” have been wasting their breath over an entity that has notably failed to affect U.S. policy on a single issue of major concern over the entire course of Obama’s 6-year Presidency—a record of unmitigated failure that would clearly condemn it to the black hole of Beltway irrelevance if not for the bizarre imaginative hold, and political utility, of the myth of a powerful conspiracy of Jews who secretly rule the planet. Or perhaps it’s not an irony at all. Some of the loudest detractors of the “Israel Lobby” are in fact paid staffers and partisans of the Iran Lobby—an entity that, unlike the Israel Lobby, has succeeded in radically altering U.S. foreign policy, with the help of the President and his advisors. Seen from a certain angle, the Iran Lobby has pulled off the neat trick of using the specter of the Israel Lobby to shift U.S. policy away from Israel and toward Iran—while actually succeeding at the same dark arts that it blames the Jews for employing. The Iran lobby used a combination of lobbying, donations, propaganda, and back-door personal connections to top policy-makers to radically alter American foreign policy, and align the United States with an oppressive authoritarian regime that is destabilizing the Middle East.

Senate Dems plot filibuster to dodge Iran nuclear deal vote

September 1, 2015

Senate Dems plot filibuster to dodge Iran nuclear deal vote, Front Page MagazineJoseph Klein, September 1, 2015

(Please see also, Use Our Senatorial Nuclear Option to Stop Iran’s Radioactive Nuclear Option. — DM)

Democratic senators supporting President Obama’s disastrous nuclear deal with Iran are cowards. They know that a majority of Americans oppose the deal. Thus, they are running for cover to avoid going on the record and voting against a resolution disapproving the deal. A filibuster to block a vote on the merits altogether is the Democratic Senate caucus’s preferred way out.

The White House is reportedly pushing the filibuster strategy even though Obama is virtually certain to have enough votes to sustain a veto of a resolution of disapproval passed by both houses of Congress. Two-thirds votes are required in both the House of Representatives and the Senate to override an Obama veto. But if Obama can get out of using his veto pen and expending political capital to sustain it, he is all too happy to hide behind the filibuster fig leaf.

So far only two Democratic senators have declared their opposition to the deal – New York’s senior senator, Chuck Schumer, and New Jersey’s senior senator, Robert Menendez. Assuming they both would vote with the Republican majority to end a filibuster, four additional votes would be needed to reach the magic closure number of 60 and allow the resolution to proceed to a floor vote. Democratic Senate Minority Leader Harry Reid is doing what he can to corral enough support among his fellow Democrats to prevent the closure number from being reached.

Republican Senator Bob Corker of Tennessee, the chairman of the Senate Foreign Relations Committee, told the Associated Press he found it “stunning” that Reid is proposing to block a vote on a resolution of disapproval.  “All but one senator voted in favor of having the right to vote on the final deal, so then to turn right around and filibuster it to me is very inconsistent and I think would be confusing to the people they represent,” Senator Corker said.

Sen. Tom Cotton (R-Ark.) was even more direct, declaring that Reid “wants to deny the American people a voice entirely by blocking an up-or-down vote on this terrible deal.”

A majority of Americans oppose the nuclear deal. Democrats could face a political price if they do not even allow a vote that reflects the majority sentiment. But blind partisan loyalty to Obama trumps their responsibility to the American people. Their excuse, as explained by Sen. Chris Murphy (D-Conn.), is an insult to American national sovereignty:

“There’s a cost to the international credibility of the country and this president if a motion of disapproval passes the House and the Senate. There is some harm to the country’s standing if we have to go through the charade of the veto.”

The “charade” in play here occurred when the Senate forfeited its constitutional prerogative in the first place to “advise and consent” to treaties by a two-thirds vote of senators present. The Joint Comprehensive Plan of Action (“JCPA”), the formal name of the nuclear deal with Iran, deserved to be handled as a treaty that affirmatively requires Senate approval. Instead, in the face of the Obama administration’s threat to treat the JCPA solely as an executive agreement and exclude Congress altogether from playing any role in reviewing the JCPA before it went into effect, the leaders in both houses buckled under. They ended up taking whatever scraps of participation in the process that the Obama administration was willing to offer them.

The Republican majority thereby set a terrible precedent when it agreed to an upside-down procedure under which President Obama will get his way unless both houses of Congress override his veto of a disapproval resolution by a two-thirds vote. Now they are playing defense against the stratagems of Democratic Minority Leader Reid, who plans to take no prisoners. Iran’s Deputy Foreign Minister Hamid Baidi-nejad, presumably speaking for his government, is rooting for Reid to succeed with his filibuster ploy, according to a report last weekend in the Tehran Times.

The response of the Republican Senate majority to the filibuster threat is muddled. When asked whether the majority could beat back a filibuster maneuver, Senator Corker lamented, “I don’t know, I don’t know.”

There is a defeatist attitude emerging amongst opponents of the deal, although some Republicans are looking to the next election to exact a political price from those Democratic senators running in 2016 who side with Reid and Obama. In particular, Senator Michael Bennet (D-Colo.), still reportedly undecided, may be in the crosshairs as a vulnerable incumbent if he ends up supporting Reid and Obama. “If Sen. Michael Bennet filibusters or votes for the Iran deal we will make sure voters know he supported a nuclear deal that threatens our national security,” Andrea Bozek, a spokeswoman for the National Republican Senatorial Committee, said in a statement.

Waiting until the 2016 elections, however, is too little, too late, at least as far as the filibuster threat is concerned. Republican Senate Majority Leader Mitch McConnell must not only denounce the filibuster ploy, but push through a change in Senate rules to prohibit a filibuster that would prevent an up-or-down vote on something as momentous to national security as the nuclear deal with Iran.

McConnell would not have to look very far for a precedent. Harry Reid provided it back in 2013 when he maneuvered a party line vote to ban the use of filibusters to block votes on presidential nominations.

“A simple majority vote no longer seems to be sufficient for anything, even routine business, in what is supposed to be the world’s foremost deliberative body,” Obama said at the time in supporting Reid’s tactic. “Today’s pattern of obstruction, it just isn’t’ normal, it’s not what our founders envisioned.”

In truth, our founders did not envision a situation in which a minority of senators can prevent the Senate from even exercising the crumb left on the table after the majority ceded away the Senate’s constitutional treaty “advice and consent” powers.

Senator McConnell responded to Reid’s initiative against the use of filibusters in connection with nominations this way: “Some of us have been here long enough to know the shoe is sometimes on the other foot. You’ll regret this, and you may regret it a lot sooner than you think.”

The shoe now is on the other foot. The time has come for Senator McConnell and the Senate Republican majority to put their collective foot down and force the Democrats to vote up or down on the resolution to disapprove Obama’s nuclear deal with Iran. They must act immediately to take away the Democrats’ filibuster fig leaf. Each of those Obama loyalists who support the deal should be required to go on the record and be accountable to their constituents for their decision. Even if not playing the full advice and consent role that the founding fathers contemplated with regards to treaties, the Senate will at least have had its say. And the next president can act accordingly to void the deal and punish Iran, including (unlike Obama) supporting congressional initiatives for even harsher sanctions and possible military action, if Iran is found to have violated a single commitment. The large majority of Americans who oppose Obama’s deal deserve nothing less.

Nuclear Fiascoes: From Diplomatic Failure With North Korea To Debacle With Iran

September 1, 2015

Nuclear Fiascoes: From Diplomatic Failure With North Korea To Debacle With Iran, Forbes, Claudia Rosett, August 31, 2015

(An excellent comparison of the machinations that led to the nuke “deal” with North Korea and those now leading to the “deal” with the Islamic Republic of Iran. — DM)

[B]oth Clinton and Bush purchased the transient gains of North Korean nuclear deals at the cost of bolstering a North Korean regime that has become vastly more dangerous. . . . Kim Jong Un bestrides a growing arsenal of weapons of mass murder, including chemical and biological, as well as nuclear, plus a growing cyber warfare capability. This is the legacy not least of North Korea’s skill at exploiting the feckless nuclear deals offered by U.S. presidents whose real achievements on this front were to hand off a monstrous and rising threat to the next administration.

Now comes the Iran nuclear deal, which President Obama has described as a perhaps once-in-a-lifetime “historic chance to pursue a safer and more secure world.” And from Israel’s Prime Minister Netanyahu, leader of America’s closest ally and Iran’s prime target in the Middle East, comes the warning that this deal is a “stunning historic mistake,” configured not to block Iran’s path to the bomb, but to pave the way.

Like the North Korea Agreed Framework, the Iran nuclear deal pivots narrowly on nuclear issues, as if ballistic missiles, terrorism, arms smuggling, gross violations of human rights, blatant declarations of destructive intent and the malign character of the regime itself were irrelevant to the promised “exclusively peaceful” nuclear program.

[I]f this Iran deal goes through, is that we are about to see the mistakes made with North Korea amplified on a scale that augurs not security in the 21st century, but a soaring risk of nuclear war.

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With Congress due to vote by Sept. 17 on the Iran nuclear deal, there’s a warning worth revisiting. It goes like this: The president is pushing a historic nuclear agreement, saying it will stop a terror-sponsoring tyranny from getting nuclear weapons. And up pipes the democratically elected leader of one of America’s closest allies, to say this nuclear deal is mortal folly. He warns that it is filled with concessions more likely to sustain and embolden the nuclear-weapons-seeking despotism than to disarm it.

This critic has more incentive than most to weigh the full implications of the deal, because his country is most immediately in harm’s way — though it has not been included in the nuclear talks. He notes that the nuclear negotiators have sidelined such glaring issues as human rights, and warns that Washington is naive, and the U.S. is allowing itself to be manipulated by a ruthless dictatorship.

No, the critic I’m referring to is not Israel’s Prime Minister Benjamin Netanyahu, though he has warned of precisely such dangers in the Iran nuclear deal. I am citing the warnings voiced 21 years ago by the then-President of South Korea, Kim Young Sam, as the Clinton administration bargained its way toward the 1994 nuclear deal with North Korea known as the Agreed Framework.

As it turned out, Kim Young Sam’s misgivings were right on target. The 1994 Agreed Framework did not stop North Korea’s pursuit of the bomb. Instead, it became a pit stop on North Korea’s road to the nuclear arsenal it is amassing today.

For all the differences between North Korea and Iran, there are parallels enough to suggest that the failed 1994 nuclear bargain with North Korea is an excellent guide to the future trajectory with Iran, if the U.S. goes ahead with the nuclear deal — the Joint Comprehensive Plan of Action — announced by the U.S., France, Britain, Germany, Russia, China and Iran on July 14 in Vienna.

Recall that in 1994, faced with the threat of North Korea producing plutonium for nuclear weapons, the U.S. sought a diplomatic solution. Taking a cue from an exploratory trip to Pyongyang by former President Jimmy Carter, the Clinton administration wooed North Korea with an offer of lightwater nuclear reactors to be used exclusively for the peaceful production of electricity. All Pyongyang had to do was give up its nuclear bomb program.

As this agreement was taking shape, South Korea’s Kim Young Sam laid out his concerns in an hourlong interview with the New York Times. In the resulting article, dated Oct. 8, 1994, the Times reported: “After weeks of watching in silent frustration as the United States tries to negotiate a halt to North Korea’s nuclear program, President Kim Young Sam of South Korea lashed out at the Clinton administration today in an interview for what he characterized as a lack of knowledge and an overeagerness to compromise.”

The Times article described Kim’s concerns that “compromises might prolong the life of the North Korean government and would send the wrong signal to its leaders.” Kim was quoted as denouncing the deal then in the making as a “half-baked compromise” which would lead to “more danger and peril.”

President Clinton rolled right past that warning. On Oct. 21, 1994, less than two weeks after Kim’s concerns hit the headlines, the U.S. signed the Agreed Framework with North Korea. Clinton praised the deal as “good for the United States, good for our allies, and good for the safety of the entire world.” Promising that the Agreed Framework would reduce the threat of nuclear proliferation, Clinton further lauded the deal as “a crucial step for drawing North Korea into the global community.”

South Koreans and their leaders, in the main, disagreed. But with South Korea dependent on the U.S. superpower for defense against North Korea, Kim Young Sam had little choice but to follow Clinton’s lead. Seoul damned the deal with faint praise. The Associated Press reported: “South Korean Foreign Minister Han Sung-joo said that even though the deal fell short of expectations, it met South Korea’s minimum policy goals.”

History now shows that the chief policy goals served by the Agreed Framework were those of Pyongyang, which racked up a highly successful exercise in nuclear extortion, and carried on, first secretly, then overtly, with its nuclear weapons program. As South Korea’s president had predicted, the Agreed Framework helped fortify Pyongyang’s totalitarian regime, rather than transforming it.

Some of the negotiators involved in that 1994 deal have since argued that while the North Korean agreement eventually collapsed, it did at least delay Pyongyang’s progress toward nuclear weapons. What they tend to omit from that select slice of history is that the Agreed Framework helped rescue a North Korean regime which in 1994 was on the ropes. Just three years earlier, North Korea’s chief patron of decades past, the Soviet Union, had collapsed. The longtime Soviet subsidies to Pyongyang had vanished. China did not yet have the wealth to easily step in. And just three months before the nuclear deal was struck, North Korea’s founding tyrant, Kim Il Sung, died. His son and heir, Kim Jong Il, faced the challenge of consolidating power during a period of famine at home and American superpower ascendancy abroad.

But in the game of nuclear chicken, it was America that blinked. In exchange for North Korea’s promise to freeze and eventually dismantle its nuclear weapons program, the U.S. agreed to lead a $4.6 billion consortium to build two lightwater reactors for North Korea, and provide shipments of free heavy fuel oil for heating and electricity production while the new reactors were being built. This was augmented by U.S. security guarantees, easing of sanctions and promises to move toward normalizing diplomatic relations, with generous food aid thrown in.

By the late 1990s, just a few years into the deal, North Korea had become the largest recipient of U.S. aid in East Asia. That did not curb Kim Jong Il’s hostile ways. The Pyongyang regime put the interests of its military and its weapons programs before the needs of its starving population. In 1998, North Korea launched a long-range missile over Japan, a test for which it was hard to discern any purpose other than developing a vehicle to carry nuclear weapons. By that time, as a number of former Clinton administration officials have since confirmed, the U.S. was seeing signs that North Korea was cheating on the nuclear deal by pursuing a secret program for uranium enrichment.

Instead of confronting North Korea, Clinton during his last two years in office tried to double down on his crumbling nuclear deal by pursuing a missile deal with Pyongyang. In 2000, that led to an exchange of high-ranking officials, in which the Clinton administration dignified North Korea with the unprecedented move of welcoming one of its top-ranking military officials, Vice Marshal Jo Myong Rok, to a 45-minute sitdown with Clinton at the White House. Clinton then dispatched Secretary of State Madeleine Albright, together with the administration’s special advisor for North Korea policy, Wendy Sherman, to Pyongyang (yes, the same Wendy Sherman recently employed by Obama as chief negotiator of the Iran nuclear deal). Sherman and Albright brought North Korea’s Kim Jong Il a basketball signed by star player Michael Jordan; Kim entertained them with a stadium flip-card depiction of a long-range missile launch. There was no missile deal.

North Korea continued raking in U.S. largesse until late 2002, when the Bush administration finally confronted Pyongyang over its nuclear cheating. North Korea then walked away from the 1994 deal (on which it had by then been cheating for years), withdrew from the Non-Proliferation Treaty (on which it had also been cheating) and began reprocessing plutonium from the spent fuel rods which despite the 1994 deal had never been removed from its Yongbyon nuclear complex. President Bush then made his own stab at nuclear diplomacy, via the Six-Party Talks. North Korea punctuated that process in Oct. 2006 with its first nuclear test. In 2007, the Bush administration led the way to a Six-Party denuclearization deal with North Korea, bull-dozing ahead even after it became clear that North Korea had been helping Syria build a secret copy of North Korea’s plutonium-producing Yongbyon reactor (destroyed in Sept. 2007 by an Israeli air strike). Once again, North Korea took the concessions, cheated on the deal and in late 2008 walked away.

Since Obama took office, North Korea has carried out its second and third nuclear tests, in 2009 and 2013; restarted its plutonium-producing reactor at Yongbyon; and in 2010 unveiled a uranium enrichment plant, which appears to have since at least doubled in size. Having equipped itself with both uranium and plutonium pathways to the bomb, North Korea is now making nuclear weapons, and developing increasingly sophisticated missiles — including long-range — to deliver them.

In sum, both Clinton and Bush purchased the transient gains of North Korean nuclear deals at the cost of bolstering a North Korean regime that has become vastly more dangerous. When Kim Jong Il died in late 2011, North Korea’s regime managed a second transition of power, to third-generation Kim family tyrant Kim Jong Un — who was described last year by the commander of U.S. Forces in Korea, General Curtis Scaparrotti, as “overconfident and unpredictable.” Kim Jong Un bestrides a growing arsenal of weapons of mass murder, including chemical and biological, as well as nuclear, plus a growing cyber warfare capability. This is the legacy not least of North Korea’s skill at exploiting the feckless nuclear deals offered by U.S. presidents whose real achievements on this front were to hand off a monstrous and rising threat to the next administration.

Now comes the Iran nuclear deal, which President Obama has described as a perhaps once-in-a-lifetime “historic chance to pursue a safer and more secure world.” And from Israel’s Prime Minister Netanyahu, leader of America’s closest ally and Iran’s prime target in the Middle East, comes the warning that this deal is a “stunning historic mistake,” configured not to block Iran’s path to the bomb, but to pave the way.

There are surely dissertations to be written on the intricate differences between the North Korea Agreed Framework and the Iran nuclear deal now before Congress. But important and alarming similarities abound.

Like the North Korea deal, the Iran deal dignifies a despotic, murderous regime, and provides its worst elements with relief from economic distress, via a flood of rejuvenating resources. In North Korea’s case, the main help arrived in the form of aid. In oil-rich Iran’s case, it comes in the far more lucrative form of sanctions relief, including access to an estimated $55 billion or more (by some estimates, two or three times that amount) in currently frozen funds held abroad.

Like the North Korea Agreed Framework, the Iran nuclear deal pivots narrowly on nuclear issues, as if ballistic missiles, terrorism, arms smuggling, gross violations of human rights, blatant declarations of destructive intent and the malign character of the regime itself were irrelevant to the promised “exclusively peaceful” nuclear program.

Like the North Korea deal, the Iran deal comes loaded with incentives for the U.S. administration to protect its own diplomatic claims of success by ignoring signs of cheating. Monitoring of nuclear facilities is shunted to the secretive International Atomic Energy Agency, which has no power of enforcement, and will have to haggle with Iran for access to suspect sites.

Like Clinton with North Korea, Obama chose to frame the Iran deal not as a treaty, but as an executive agreement, performing an end-run around vigorous dissent within Congress by submitting the deal pronto for approval by the United Nations Security Council. In the North Korean case, the Security Council gave its unanimous blessing in the form of a presidential statement. In the Iran case, the Obama administration drafted a resolution which the Security Council unanimously approved. Having hustled the deal directly to the U.N., despite legislation meant to ensure Congress a voice, Obama administration officials are now pressuring Congress to defer to the U.N.

To be sure, there are two highly significant differences between the 1994 North Korea deal and the 2015 Iran deal. Iran, with its oil wealth, location in the heart of the Middle East, messianic Islamic theocracy and global terror networks, is even more dangerous to the world than North Korea. And, bad as the North Korea deal was, the Iran deal is much worse. Along with its secret side agreements and its promises to lift the arms embargo on Iran in five years and the missile embargo in eight, this deal lets Iran preserve its large illicitly built nuclear infrastructure and carry on enriching uranium, subject to constraints that will be problematic to enforce, and are themselves limited by sunset clauses that even North Korea never managed to obtain at the bargaining table.

When Israel’s Netanyahu spoke this past March to a joint meeting of Congress, warning that the Iran nuclear deal would lead to “a much more dangerous Iran, a Middle East littered with nuclear bombs and a countdown to a potential nuclear nightmare,” Obama dismissed that speech as “nothing new.” That’s true, in the sense that we have heard similar warnings before. What’s new, if this Iran deal goes through, is that we are about to see the mistakes made with North Korea amplified on a scale that augurs not security in the 21st century, but a soaring risk of nuclear war.

Saudi king wants Obama to tackle Iranian ‘mischief’

August 31, 2015

Saudi king wants Obama to tackle Iranian ‘mischief,’ Al-Monitor, August 31, 2015

U.S. US Secretary of Defense Ashton Carter meets with Saudi Arabia's King Salman bin Abdul-Aziz Al Saud (R) at Al-Salam Palace in Jeddah, Saudi Arabia, July 22, 2015. (photo by REUTERS/Carolyn Kaster) Read more: http://www.al-monitor.com/pulse/originals/2015/08/saudi-king-washington-visit-iran-deal.html#ixzz3kPeQtHQK width= U.S. Defense Secretary Ash Carter meets with Saudi Arabia’s King Salman bin Abdul Aziz (R) at Al-Salam Palace in Jeddah, Saudi Arabia, Wednesday, July 22, 2015.

King Salman bin Abdul-Aziz Al Saud’s three-day visit, strategically scheduled just days before Congress votes on the agreement, offers the Saudi leader a powerful platform to insist that the United States help combat Iranian “mischief.” The king is seeking assurances in the fight against Iran’s proxies across the region, as well as with elements of the nuclear deal itself.

The visit “underscores the importance of the strategic partnership between the United States and Saudi Arabia,” White House spokesman Josh Earnest said Aug. 27.

“The president and the king will discuss a range of issues and focus on ways to further strengthen the bilateral relationship, including our joint security and counterterrorism efforts,” Earnest said. “They will also discuss regional topics, including the conflicts in Yemen and Syria, and steps to counter Iran’s destabilizing activities in the region.”

Despite deep reservations about the deal, sources close to the Saudi government say that unlike Israel, the kingdom quickly concluded that it could not be defeated in Congress and that no better alternatives were likely to emerge.

Riyadh, however, has repeatedly made clear that its support is conditioned on a tough inspection regime and snapback sanctions. Salman may seek further assurances on those aspects of the deal in light of recent reports that allege that Iran will be allowed an unusual amount of autonomy with regard to inspections of its military installation at Parchin.

“The agreement must include a specific, strict and sustainable inspection regime of all Iranian sites, including military sites, as well as a mechanism to swiftly re-impose effective sanctions in the event that Iran violates the agreement,” the Saudi Embassy in Washington said after the deal was announced.

Most of the discussion is expected to center on non-nuclear issues, however.

Salman and President Barack Obama, who will meet Sept. 4 at the White House, are expected to further flesh out Washington’s promise of increased military support for the Gulf Cooperation Council countries — including a potential missile defense shield — as discussed during the US-GCC Camp David summit in May. That meeting, which was skipped by four of the top six regional leaders — including Salman — aimed to reassure the Gulf nations of America’s commitment to their security amid the perceived rapprochement with Iran.

“This is an opportunity to reset this relationship when there are some pretty considerable concerns on both sides,” said David Weinberg, a Gulf analyst with the Foundation for Defense of Democracies. “It comes in the context of the United States trying to reassure the Gulf states about the Iran deal, as well as to focus on this Camp David agenda in terms of concrete US security assistance. It’s reasonable to assume that that’s going to be a big focus of the trip as well.”

Much of the conversation is expected to focus on military hardware: The Saudis are seeking upgrades to their F-15s along with other advanced weaponry, but Israel is said to have raised concerns during Defense Secretary Ashton Carter’s recent visit to the region. Congress may object to such sales if lawmakers deem that they would undermine Israel’s so-called qualitative military edge.

The Saudis will be interested “in how much the White House will invest itself so that it can get the technology that it wants,” former Obama National Security Council Middle East adviser Prem Kumar told Al-Monitor. They will want to see if the White House “will spend some political capital on the Hill.”

Another topic of interest is the proposed creation of a GCC-wide “rapid reaction force” to take on external threats. The White House paid lip service to the idea in its joint statement from the Camp David summit, but the idea has failed to gain traction among concerns by Qatar and Oman that it would be dominated by the Saudis.

“In terms of GCC-wide reassurance, the Saudis are interested to hear what the US is prepared to do to support the GCC rapid reaction force, the joint Arab defense force, if that is going to materialize,” Kumar said.

Beyond military requests, Salman is likely to seek US backing for his more muscular approach to foreign policy compared with his predecessor. That includes beefed-up US support for his campaign against the Houthis in Yemen and a renewed focus on getting rid of President Bashar al-Assad in Syria.

For Riyadh, said former Saudi Embassy political analyst Fahad Nazer, a nuclear Iran “is more of a long-term issue. They’re concerned about the here-and-now.”

“The Saudis at this point have kind of parted ways with their traditional behind-the-scenes diplomacy and trying to mediate between warring factions,” Nazer said. “[They’ve realized] it’s time for them to take the helm of ensuring their own interests.”

In Yemen, “The Saudis want the US to get more involved, beyond intelligence and logistical support to the Saudi-led coalition,” said Kumar, now vice president with the Albright Stonebridge Group. Already, the Pentagon in recent weeks has more than doubled its advisers on the ground providing targeting intelligence for airstrikes and helping the Saudis roll back the Houthis, according to the Los Angeles Times.

Those battlefield successes have led some Saudi cheerleaders to argue that the intervention in Yemen offers a “template” for similarly emboldened leadership in Syria. While Nazer and others doubt Riyadh will go that far, the Saudis have recently announced their own proposal to withdraw support for Sunni rebels if Iran removes its forces and Hezbollah fighters with a view to parliamentary and presidential elections under UN supervision.

“I think there are a couple concrete things” on the Saudi wish list, Kumar said. “First is to increase support for the Syrian opposition, in some form or other. Safe zones, maybe direct pressure on the [Assad] regime, that would not necessarily undercut diplomatic initiatives.”

The king’s visit isn’t just about politics, however. He will be accompanied by a large entourage of ministers and business executives, and some of them are expected to stay on after the royal visit.

The US-Saudi Arabian Business Council has announced a daylong investment forum with the ministers of finance as well as commerce and industry.

 

The Senate Must Sue Obama to Block the Iran Treaty

August 31, 2015

The Senate Must Sue Obama to Block the Iran Treaty, American ThinkerRobert B. Sklaroff and Lee S. Bender, August 31, 2015

(I assume that suit would be filed in a Federal District Court, most likely the one sitting in Washington, D.C., followed by appeals to the D.C. Circuit and thence to the Supreme Court. The process would likely take years, with the outcome currently difficult to assess. An assessment would have to take into account that the Supreme Court has become increasingly “pragmatic” in recent years and tends to favor the Executive Branch.

Such a suit is not a bad idea, but the Congress should also note Obama’s failure to disclose key information necessary to evaluate the “deal” and disapprove it. Obama will veto its disapproval and the Congress is unlikely to override his veto. That will leave the “deal” a mere executive agreement and, therefore, subject to being overturned by the next president. That would likely happen well before rendition of a final adjudication on the suggested suit.

Interestingly, Iranian President Rouhani has asked the Iranian Parliament not to approve the “deal” because it would then become legally binding on Iran. — DM)

When Congress returns from recess after Labor Day, one of the most pressing issues on the agenda is the Joint Comprehensive Plan of Action (JCPOA), known commonly as “the Iran deal.” Much has been discovered since the Corker-Cardin-Menendez bill was enacted, including the White House’s and State Department’s deceit which influenced the Senate to abandon its constitutionally-provided role regarding treaties.

Now it might take a lawsuit spearheaded by Senate Majority Leader Mitch McConnell (R-KY) to reverse not only the damage to the Constitution but also potential damage to America and our allies as a result of the provisions of the Iran nuclear-deal.

Senate Majority Leader Mitch McConnell has overwhelming justification to sue President Obama over the JCPOA which constitutes a treaty and thereby must be ratified by a 2/3-vote of those present prior to implementation.

Such a suit could ultimately prompt the Supreme Court to disclaim Obama’s portrayal of this document as an Executive Agreement. It could also sustain the overwhelming will of the American people–according to polling data—to trash this “legacy” effort, for reasons that have been exhaustively detailed.

Blocking implementation of the Iran nuclear-deal would thereby necessitate the legislative branch triggering a confrontation between the judicial and the executive branches.

Two essays {authored by RBS} published in The Hill explored the legalities of this initiative, focused on its “treaty” [July 29] and “rule-of-law” [August 25] components.

In the interim [USA Today, August 5], Professor Alan Dershowitz recognized that a Supreme Court opinion challenged the president’s power to enter into long-term deals with foreign powers without the consent of Congress. He is cannot avoid congressional oversight by simply declaring an important deal with foreign powers to be an executive agreement rather than a treaty [Gibbons v. Ogden]:  “[G]eneral and permanent commercial regulations with foreign powers must be made by treaty, but…the particular and temporary regulations of commerce may be made by an agreement of a state with another, or with a foreign power, by the consent of Congress.”

Two other authors, legal-authority Andrew C. McCarthy [National Review Online, July 17] and accomplished-author Caroline B. Glick [Jerusalem Post, July 21] also claimed the deal is a treaty, but none of these columnists proposed a remedy that would force a clash with this out-of-control Obama Administration. Jerry Gordon has detailed, comprehensively, “How Best to Overturn the Iran Nuclear Pact” [New English Review, August].

The drip-drip-drip of news about details of the deal as well as “secret” side arrangements that has emerged this summer congeals into two major rationales for such litigation, addressing both specifics and lack of transparency. Specifically, multiple side-deals between Iran and the IAEA satirize the concept of “anytime, anywhere surveillance” but, perhaps more important, Obama and his cabinet-members “inexplicably” failed to reveal this information to Congress as secrets.  Moreover, the Administration also misled Congress and the American public about the nature of the deal and the resulting preservation of Iran’s nuclear infrastructure and right to continue advanced research that will provide it with a bomb when the pact expires in a mere decade to 15 years.

The “legislative intent” of the Corker-Cardin Bill (Iran Nuclear Agreement Review Act of 2015) was focused exclusively on Iran’s nuclear program, contrasting with the final pact the Administration concluded that was expanded to allow lifting of conventional-weapon sanctions. Iran sought—and was granted—this specific concession at the very end of the negotiations.  This was outside what the Administration had originally advised Congress about the parameters of this deal, focused on nuclear-weapons capability and not conventional weapons (or ICBMs). Thus, the final version of the Iran nuclear-deal encompassed issues, such as weaponization, that the Administration did not disclose to Congress before it debated and passed the Corker-Cardin Bill.

(Other facets of the negotiation were also misrepresented by the Obama Administration prior to when Kerry inked the deal. For example, although release of American prisoners was not ultimately achieved, Deputy Secretary of State Antony Blinken testified before the Senate Foreign Relations Committee on  January 21, 2015 that the Administration’s negotiators “continue to insist” that Americans held in detention be released.)

This pattern of deception started before the Corker-Cardin Bill was passed in May. It was even maintained by Iran when the Tasnim News agency reported [June 15] “Secretary of Iran’s Supreme National Security Council (SNSC) Ali Shamkhani reiterated that negotiations between Tehran and six major world powers solely focus on nuclear topics, dismissing any talk of military subjects in the talks.” And, reflecting the persistence of the deception,  it was manifest one week prior to when the deal was signed [July 14] during a Senate Armed Services Committee hearing via testimony from Defense Secretary Carter and Chairman of the Joint Chiefs of Staff Dempsey that the arms embargo, pursuant to Security Council Resolution 1929, was not to be lifted [July 7].

Thus, overall, absent the ability to review all relevant data, the Senate (1)—cannot render an informed judgment, consistent with its “advise/consent” role, and (2)—cannot be viewed to be facing a 60-day deadline, for the Corker-Cardin Bill mandates that this “clock” start “ticking” only after the database has been completed.

Refusal to provide copies of side-agreements to Congress continues unabated, as per testimony on August 5 by chief-negotiator Wendy Sherman and IAEA Director General Yukiya Amano. We now know why normally-sedate Senator Corker exploded (“We cannot get him to even confirm that we will have physical access inside of Parchin”) because such inspections have been serially outsourced by Obama to the IAEA and then, we learned more recently, by the IAEA to Iran.

The “toughest inspections-regime in history” forces America (and the world) to allow Iran to provide proof that Iran is not making nukes in Iran.

Perhaps more ominous is the dismissive posture adopted by Secretary of State Kerry [July 28] when confronted by Rep. Brad Sherman (D-CA) during a House Foreign Affairs Committee hearing. The innocent hypothetical was unambiguous:  Would he “follow the law” governing existing congressional sanctions if Congress voted to override a veto? The elitist reply challenged rule-of-law:  “I can’t begin to answer that at this point without consulting with the President and determining what the circumstances are.”

Could BHO go rogue?

The ability of the Supreme Court to exercise “judicial review” is rooted in the Supremacy Clause, was affirmed in 1803 [Marbury v. Madison], and has never been tested again to this day.

But, because the Supreme Court does not command any enforcement-military, the remedy for potential lawlessness is unclear. Indeed, this concern would extend to any nullification effort by the President related to the prospect that the Supreme Court would declare the Iran-Nuclear Deal to be a “treaty” rather than the “executive agreement” the President has potentially improperly considered it to be, to skirt congressional oversight and approval.

These concerns were predicted [May 7] and corroborated [July 23] in essays that presage the current crisis [by RBS, both published in The American Thinker]. They were confirmed in an e-mail exchange by noted constitutional scholar, Dr. John C. Eastman [the Henry Salvatori Professor of Law & Community Service at the Dale E. Fowler School of Law at Chapman University and Founding Director of The Claremont Institute’s Center for Constitutional Jurisprudence]:First, because only a ‘treaty’ is the Supreme law of the land, a mere executive agreement could not overturn statutorily-imposed sanctions.” Eastman continued in an e-mail, “And neither, in my view, could a change in the constitutionally-mandated default rule for adopting a treaty.  Second, if that is true, then members of the Senate who, collectively, had the votes to prevent ratification of a treaty would have standing to challenge the process that negated their vote.  That’s the Coleman v. Miller case on all fours.” This 1939 landmark decision ensured that Congress was empowered to specify a deadline by which an external entity was to affirm proposed legislation, such as a Constitutional amendment.

The Ottoman-Islamic defeat at the “Gates of Vienna” in 1683 is on the verge of being reversed by Obama/Kerry and their P5+1 partners, again in Vienna; the irony is that the West is validating Iranian-Islamic supremacism. It seems only the U.S. Senate can rescue (Judeo-Christian) Western Civilization from the Administration’s collaboration and perfidy.

The Senate must definitively impose a limit to the President’s executive lawlessness before a constitutional crisis erupts. Resolution by the courts may be the most effective way to check and to balance the scales that Obama has usurped.

 

CNN: DNC Not Backing Iran Deal ‘Big Embarrassment’ for Obama

August 30, 2015

CNN: DNC Not Backing Iran Deal ‘Big Embarrassment’ for Obama, Washington Free Beacon, August 30, 2015

https://www.youtube.com/watch?v=9_95RpMSZBQ

President Obama suffered an “embarrassment” with the Democratic National Committee not passing a resolution over the weekend in support of his Iran nuclear deal, CNN panelists said Sunday.

According to the Washington Post, party chair Debbie Wasserman Schultz (D., Fla.) blocked the resolution at the summer meeting in Minnesota.

“The Obama-controlled DNC could not pass a resolution this weekend expressing support for President Obama’s Iran deal,” New York Times reporter Jonathan Martin said. “It’s a bit of an embarrassment for the administration seeing as it’s how his party, he appointed Debbie Wasserman Schultz, and it’s revived the sort-of latest round of eye-rolling among Democratic operatives about the state of the party.”

CNN host John King said Martin was being diplomatic, saying it was a “big embarrassment for the president.”

Report: Hezbollah enlisting West Bank youth to carry out terror attacks against Israel

August 30, 2015
Lebanese Hezbollah supporters march during a religious procession, to mark the burning of the tents that is part of the Ashura religious ceremony, in NabatiehLebanese Hezbollah supporters march during a religious procession in Nabatieh. (photo credit:REUTERS)

Saudi daily quotes Palestinian security source as saying PA concerned by Hezbollah attempts to make inroads with Palestinian youth.

Hezbollah has been working intensively to enlist former operatives from Fatah’s armed wing, the Al Aksa Brigades, in order to carry out terror attacks against Israeli targets in the West Bank and inside Israel, a Palestinian security source was quoted as saying on Sunday.

Saudi daily Okaz quoted the source as saying that “among those Hezbollah members involved in the operation is Kayis Ubayid, who was behind the kidnapping of Col. (res.) Elahanan Tenebaum in 2000.” Tenenbaum was released to Israel from Hezbollah captivity as part of a prisoner exchange in 2004.

The source added that Palestinian security forces believe that recent shootings and the use of explosive devices such as that thrown at an IDF position near Beit Jala, south of Jerusalem, earlier this month, are part of the Lebanese Shi’ite group’s efforts.

The Palestinian source claimed that Israel is well-aware of the Hezbollah activities. He added that some of those Palestinian operatives approached by Hezbollah reported the Shi’ite group’s efforts to Palestinian Authority officials. “We estimate that there are a number of youths who were drawn into joining Hezbollah’s ranks and are now operating in the West Bank, because of economic hardship or the deterioration in the security situation,” the source said.

“We don’t know how many people there are, but there is no doubt that the phenomenon is gaining momentum among former Al Aksa Brigade youths that have been approached by Hezbollah to work in exchange for economic support. The matter is a personal choice of these youth, who have chosen to take action against Israeli targets.”

The Palestinian security source expressed concern that, for the first time, their was a willingness among Palestinian youth to join Hezbollah. “These attempts have not gone unnoticed by us in recent years, but in recent months we feel that the phenomenon has grown, with interest expressed by the youths,” he said. “The number of youths involved can be counted on two hands, but nonetheless this is a dangerous development, which if it manages to carry out just one terror attack – it will change the situation completely. We fear that the issue will become a phenomenon, with more and more youths being seduced into getting money from Hezbollah. When they number in the dozens, handling them will become much more complicated.”

The source said that the matter was a security challenge for the Palestinian Authority, which is also currently acting against Hamas’s efforts to revive its military wing, the Kassam Brigades, in the West Bank.

The source said that in the mid-2000s, Hezbollah had tried to enlist West Bank youth, offering salaries which reached tens-of-thousands of dollars per month. “In the years 2004-2005, the Al Aksa Brigades claimed responsibility for terror attacks which were all funded by Hezbollah, whose main enlister was Kayis Ubayid.

This would not mark the first time that Palestinian security forces have warned of Hezbollah attempts to enlist fighters in the West Bank. The move could potentially be tied to Hezbollah’s patron – Iran.

In January, Iranian Defense Minister Hussein Dehghan warned that Israel “will not escape revenge” for its alleged assassination of Iranian Revolutionary Guards’ General Muhammad Allah-Dadi and of Jihad Mughniyeh in an air strike in the Syrian Golan Heights attributed in foreign reports to the IAF.

Dehghan said at the time that Iran would continue to arm the West Bank and Hezbollah. “Tehran will continue to strengthen the axis of resistance in order to deal with the Zionist entity.”

Iranian President Says Nuclear Deal a ‘Non-Committal Agreement’

August 29, 2015

Iranian President Says Nuclear Deal a ‘Non-Committal Agreement,’ The Jewish PressTzvi Ben-Gedalyahu, August 29, 2015

(If Rouhani, backed by Khamenei, says the “deal” has no legally binding effect, that is Iran’s position. Why should the U.S. be “legally bound” by such an agreement? — DM)

rouhani-obamaPresidents Rouhani and Obama.

Iranian President Rouhani said Saturday the parliament should not vote on the nuclear deal so that it will not become a legal obligation.

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Iran has given U.S. Congressmen the perfect reason to oppose the nuclear deal by saying that the Iranian parliament should not make it a legal obligation for the Islamic Republic.

Iranian President Hassan Rouhani told a news conference Saturday that the deal is only a political understanding, and he urged parliament not to vote on it so that it does not become a legal obligation.

Iran’s official Islamic Republic News Agency (IRNA) reported Saturday:

President Hassan Rouhani underlined that Joint Comprehensive of Action (JCPOA) does not need the Majlis (Iranian parliament) approval for its implementation.

‘Under the Iranian Constitution, a treaty has to be submitted for approval or disapproval to the Parliament if it has been signed by the president or a representative of his,’ President Rouhani said, addressing a press conference in Tehran on Saturday.

‘That is not the case about the Iran-Group 5+1 nuclear agreement or the JCPOA,’ the Iranian president added.

Rouhani emphasized that parliamentary approval of the JCPOA would mean that he has to sign it, “an extra legal commitment that the administration has already avoided,” according to IRNA.

The Associated Press added that Rouhani said:

Why should we place an unnecessary legal restriction on the Iranian people?

President Barack Obama needs only four more Democratic senators to back the bill in order to prevent a veto-proof majority if Congress rejects the agreement.

If the agreement is approved, the United States will be obligated to honor it unless it can catch Iran cheating, a process that could involved months or even a year.

On the other side of the ocean, Rouhani has made it clear that the deal has no legal standing in Iran.