Submitted by: Conservative 2 Conservative
The Enormous Fraud of the Iran Deal Is Catching Up with Obama
Fred Fleitz — April 11, 2016 AIM
After
a recent surge in threatening behavior by Iran and reports that it may
soon be given access to the U.S. financial system, the House
Intelligence Committee opened an investigation into whether Obama
officials misled Congress about the July 2015 nuclear deal with Iran
(the Joint Comprehensive plan of Action, or JCPOA). The “historic” deal,
they said, would help bring Iran into the “community of nations” and
lead to improved relations between Iran and the United States.
While
this congressional investigation is a welcome development, it is too
little and too late to reverse the Obama administration’s policy of
offering any and all concessions – including over $100 billion in
sanctions relief – to get a nuclear agreement with Iran. Most members of
Congress thought the JCPOA was a bad deal; the majority of them voted
against it last fall. But many now realize that this agreement is in
fact an enormous fraud that is undermining Middle East and international
security.
As I have explained here on National Review Online, in “Obama’s Iran Deal Is the Opposite of What He Promised the American ...,”
the negotiations that produced the JCPOA were an endless series of
fallacies and deceptions. To get Iran to the negotiating table, the
Obama administration foolishly agreed that the mullahs could continue to
enrich uranium and develop advanced enrichment centrifuges. This means
that the timeline for an Iranian nuclear weapon will shorten when the
JCPOA is in effect, because Iran will all the while be improving its
capability to produce nuclear fuel.
Obama
officials made several misleading statements about the JCPOA last July
that have come back to haunt them. These will be the focus of the House
Intelligence Committee’s investigation.
One
of the most controversial of these statements was President Obama’s and
Secretary Kerry’s assertion that under this agreement, Iran agreed to
comply with U.N. Security Council resolutions barring missile tests for
eight years. But there is no language barring missile tests in the
JCPOA; this provision is buried in a U.N. Security Council resolution
(Resolution 2231) that merely endorsed the JCPOA.
Obama
officials later clarified that although the JCPOA does not bar Iranian
missile tests, existing U.N. and U.S. missile sanctions would remain in
place. But this isn’t exactly true, either. After the International
Atomic Energy Agency certified that Iran had taken certain steps to roll
back its nuclear program (a certification the IAEA made in January this
year), Resolution 2231 lifted previous Security Council missile
sanctions and replaced them with much weaker language “calling” on Iran
not to test missiles. According to diplomats cited by Reuters, this new
formulation is not legally binding and cannot be enforced under Chapter
Seven of the U.N. Charter, which deals with sanctions and authorization
of military force. The Obama administration made no mention of this in
its briefings to Congress on the JCPOA.
For its part, Iran says it never agreed
to missile restrictions in the JCPOA and claims its missile tests do
not violate Security Council resolutions because they are not designed
to carry nuclear warheads. This is absurd. Iran’s missile program is
widely believed to be a delivery system for nuclear warheads. If Iran
were telling the truth, it would be the only nation in history without a
nuclear-weapons program that nonetheless developed missiles with a
range of 2,000 kilometers or more. Iran is not building long-range
missiles to carry warheads full of dynamite or to fire monkeys into
space.
Iran
tested ballistic missiles last fall and last month. Written on the
sides of some missiles recently launched were the words “Israel must be
wiped off the earth.” Last week, Iran’s supreme leader, Ayatollah Ali
Khamenei, responded to criticism of the missile tests by saying that
Iran’s future is a world of missiles, not negotiations.
Congress
is worried that the Obama administration, in an effort to make sure
Obama’s “legacy” nuclear deal is not jeopardized, will refuse to take
any significant action against Iran for its missile tests. Tellingly,
the administration has studiously avoided saying that the missiles
Tehran tested were capable of delivering nuclear weapons and that they
violated any Security Council resolution. A joint letter sent last week
to the U.N. Secretary General from the United States, the United
Kingdom, and France said that Iran’s missiles tests were “inconsistent
with” and “in defiance of” Resolution 2231 but did not refer to them as a
violation.
Congress
knows there was at least one secret side deal to the JCPOA that was not
briefed to Congress as required by the Corker-Cardin Act. One side
deal allowed Iran to inspect itself for
evidence of past nuclear-weapons-related work; it was discovered when
Senator Tom Cotton (R., Ark.) and Representative Mike Pompeo (R., Kan.)
questioned IAEA officials about the JCPOA during a meeting in Vienna
last July. Another secret side deal appears to require the IAEA to dumb down its reports on Iran’s nuclear program and its compliance with the JCPOA.
Congressional
investigators are also troubled that contrary to administration claims
that the JCPOA has the strongest verification provisions in history, the
IAEA is unable to visit military facilities because the Iranian parliament approved an alternative version of the deal last
October that put these facilities off-limits. The Obama administration
has not publicly responded to the Iranian parliament’s action.
One
of Congress’s newest concerns about the JCPOA stems from reports that
the Obama administration is considering giving Iran at least partial
access to the U.S. financial system. As Ilan Berman wrote last week on
NRO, the administration may be about to violate promises it made to Congress last
summer that it would not give Iran access to U.S. financial
institutions or allow it to engage in off-shore dollar transactions with
U.S. banks. If so, this would represent another concession to Iran and a
sign that Congress cannot trust anything Obama officials have said
about the JCPOA.
The
House Intelligence Committee will also review a growing list of other
belligerent actions by Iran contradicting the Obama administration’s
claim that the JCPOA will help bring Iran into the community of nations.
On March 29, for instance, the U.S. Navy intercepted an Iranian ship in
the Persian Gulf that was transporting 1,500 Kalashnikov assault
rifles, 200 rocket-propelled grenade launchers and 21 .50-caliber
machine guns that were probably en route to Houthi rebels in Yemen. The Washington Post reported Monday that there have been at least two similar seizures over the last two months.
In
addition, since the nuclear deal was announced, Iran has increased its
support for Syrian president Bashar al-Assad’s regime, giving financial
support and supplying Iranian and Hezbollah fighters. And last week, the
U.S. indicted five Iranians for cyber attacks against U.S. banks,
NASDAQ, and a New York dam.
Perhaps
the most stunning indictment of Iran’s belligerent behavior since the
JCPOA was announced was an unprecedented April 3, 2016, Wall Street Journalop-ed by United Arab Emirates Ambassador to the United States Yousef Al-Otaiba, in which he said:
President
Obama said at last week’s nuclear-security summit that Iran is
following the “letter” but not the “spirit” of the JCPOA by complying
with the terms of the deal but testing missiles, continuing to call for
the destruction of Israel, and supporting terrorism. The House
Intelligence Committee investigation indicates that Congress rejects
this ludicrous statement and wants a full accounting of what the White
House really agreed to in the JCPOA and whether the Obama administration
deliberately misled lawmakers.
The
House Intelligence Committee’s investigation will not kill the JCPOA or
lead to new sanctions against Iran. Its report might condemn Obama
officials for misleading Congress, but these officials are certain to
ignore the report. Nevertheless, this is an important investigation: If
it exposes the JCPOA as a fraudulent agreement that has only exacerbated
Iran’s destabilizing behavior, it will pave the way for a Republican
president (if one is elected in November) to throw out the JCPOA
entirely and begin the process of forging a better agreement with our
European allies. The committee’s investigation also may give Americans a
better understanding of what kind of legacy President Obama really
earned from the JCPOA and his nuclear diplomacy with Iran.
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