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U.S. Officials Conclude Iran Deal Violates Federal Law

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By James Rosen. Some senior U.S. officials involved in the implementation of the Iran nuclear deal have privately concluded that a key sanctions relief provision – a concession to Iran that will open the doors to tens of billions of dollars in U.S.-backed commerce with the Islamic regime – conflicts with existing federal statutes and cannot be implemented without violating those laws, Fox News has learned.

At issue is a passage tucked away in ancillary paperwork attached to the Joint Comprehensive Plan of Action, or JCPOA, as the Iran nuclear deal is formally known. Specifically, Section 5.1.2 of Annex II provides that in exchange for Iranian compliance with the terms of the deal, the U.S. “shall…license non-U.S. entities that are owned or controlled by a U.S. person to engage in activities with Iran that are consistent with this JCPOA.”

In short, this means that foreign subsidiaries of U.S. parent companies will, under certain conditions, be allowed to do business with Iran. The problem is that the Iran Threat Reduction and Syria Human Rights Act (ITRA), signed into law by President Obama in August 2012, was explicit in closing the so-called “foreign sub” loophole.

Indeed, ITRA also stipulated, in Section 218, that when it comes to doing business with Iran, foreign subsidiaries of U.S. parent firms shall in all cases be treated exactly the same as U.S. firms: namely, what is prohibited for U.S. parent firms has to be prohibited for foreign subsidiaries, and what is allowed for foreign subsidiaries has to be allowed for U.S. parent firms.

What’s more, ITRA contains language, in Section 605, requiring that the terms spelled out in Section 218 shall remain in effect until the president of the United States certifies two things to Congress: first, that Iran has been removed from the State Department’s list of nations that sponsor terrorism, and second, that Iran has ceased the pursuit, acquisition, and development of weapons of mass destruction. (Read more from “U.S. Officials Conclude Iran Deal Violates Federal Law” HERE)

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Report: U.S. Officials Admit Nuclear Deal With Iran Violates Federal Law

By TheTower.org Staff. Some U.S. government officials have privately acknowledged that a key provision of the nuclear deal with Iran violates existing federal law, James Rosen of Fox News reported today . . .

According to ITRA, foreign subsidiaries of American companies are forbidden from doing business with Iran until the President confirms that Iran has been removed from State Department’s list of state sponsors of terrorism and has “ceased the pursuit, acquisition, and development of weapons of mass destruction.” Iran is still on the terror sponsors list, as it has been since 1984. The Iran Nuclear Agreement Review Act, which passed the Senate 98-1 and was signed into law in May, also stipulated that Iran’s continued listing as a state sponsor of terror means that the requirements have not been met for Iran to receive the sanctions relief required by the JCPOA.

Since the nuclear deal is an executive agreement rather than a treaty, Rosen wrote, “legal analysts inside and outside of the Obama administration have concluded that the JCPOA is vulnerable to challenge in the courts, where federal case law had held that U.S. statutes trump executive agreements in force of law.” (Read more from “Report: U.S. Officials Admit Nuclear Deal With Iran Violates Federal Law” HERE)

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Senate Republicans Doing Nothing to Stop Obama’s Lawless Iran Treaty

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Sen. Bob CorkerSenate Republicans have hit a new low. Not only are they doing nothing to stop Obama’s lawlessness on Iran in forging a treaty without Senate ratification, they are allowing him to break the very law that broke the treaty clause of the Constitution. You can’t make this stuff up!

First, the good news. When Mark Levin and Conservative Review were the lone voices against Corker-Cardin in April, everyone thought we were being purists. Most conservative pundits and elected Republicans thought this was the best opportunity to get congressional input. Every major news outlet was reporting this bill as a means of requiring congressional approval for the deal. It was so complicated and convoluted to explain to the American people that this bill really did the opposite of what it was advertised to do.

But as I noted a few weeks ago, you can’t fool all the people all the time, and now the entire country is aware of the Corker-Cardin betrayal and they don’t like it one bit. The pressure is so intense that when House leadership promised to bring the resolution of disapproval to the floor, House conservatives promised to vote down the rule to consider the legislation. Now the House is being forced to do what we have been demanding for months. They are scuttling the unconstitutional process of requiring congress to disapprove of the treaty. Instead they will bring the following three resolutions to the floor tomorrow:

A resolution (H. Res 411) stating that Obama has not abided by Corker-Cardin because he withheld the side agreements, thereby preventing the 60-day clock for congressional view from commencing.

A bill (H.R. 3461) to approve of the agreement, placing Democrats in the tough position of having to affirmatively approve of the legislation.

A bill (H.R. 3460) removing Obama’s waiver authority to lift sanctions until next year. Section (b)(3) of Corker-Cardin prohibits Obama from any effort to “waive, suspend, reduce, provide relief from, or otherwise limit the application of statutory sanctions with respect to Iran” before transmitting all of the components of the deal to Congress.

This process will leave Obama without any semblance of legitimacy to move along with this treaty, whether he ultimately follows through or not.

Now for the bad news. Amazingly, Mitch McConnell and Bob Corker are siding with Obama against their own legislation. They are asserting that the clock already started two months ago and will expire on September 17. Evidently, Corker didn’t read his own bill.

Congressional Quarterly reports that Sen. Lindsey Graham admitted Obama is “in clear violation of the terms” of Corker-Cardin, but still feels that “the best way to handle it is just disapprove the deal.”

These Senate Republicans don’t want to fight even when they have the law on their side. They would rather have a show vote and breathe a sigh of relief they didn’t have to engage in a full media war with Obama. Sen. John McCain, of course, threw in with his partner in trashing the Constitution.

McConnell and the Senate Republicans are a classic example of subtraction by addition. We would be in a stronger political position if they did not exist and the Democrats were forced to take responsibility for Obama’s double betrayal and lawlessness. Now, Republicans are defending them. There is nothing more powerful than having members of the opposite party play interference.

With the growing voice of the people placing these malcontents on defense, the momentum is beginning to change. (For more from the author of “Senate Republicans Doing Nothing to Stop Obama’s Lawless Iran Treaty” please click HERE)

Watch a recent interview with the author below:

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Watch: ‘Siri’ Interrupts White House Press Briefing, Answers Iran Question

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gty_iphone_siri_jp_113011_wg“Siri” tried to butt in on Thursday’s White House press briefing.

The virtual iPhone personal assistant unexpectedly interjected when a reporter was asking Press Secretary Josh Earnest about the Iran nuclear deal, and whether President Obama was “upset” he couldn’t get any Republicans on board.

A virtual voice could be heard in the room answering: “Sorry, I’m not sure what you want me to change.” (Read more from “‘Siri’ Interrupts White House Press Briefing, Answers Iran Question” HERE)

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Congressman on Iran Nuclear Deal: Obama Willfully Ignoring Constitutional Defects

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11781825_925767570795983_6338049744908750646_nThis week, the House will hold votes related to the nuclear agreement with Iran. I have read the publicly available portions of the agreement in full. Consistent with my oath to support and defend the Constitution, I must oppose this nuclear deal.

There are at least two major constitutional defects with the nuclear deal.

First, President Barack Obama refuses to recognize the agreement as a treaty, subject to approval under the Constitution’s Treaty Clause (Art. II, Sec. 2, Cl. 2). Under the Treaty Clause, the president “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” To avoid this higher threshold for approval, the Obama administration asserts that the nuclear deal is merely an “executive agreement” that binds only this president.

Even if we accept this dubious claim, there is a second constitutional defect that compels me to reject the nuclear deal. Under the Take Care Clause (Art. II, Sec. 3, Cl. 5), the president must “take Care that the Laws be faithfully executed.” As I discuss below, the president clearly fails to fulfill this obligation.

In May, both houses of Congress passed, and the president signed into law, H.R. 1191, the Iran Nuclear Agreement Review Act of 2015 (Review Act). The Review Act provides a process for congressional oversight of any nuclear deal, so that Congress can determine whether the nuclear-related sanctions Congress has imposed on Iran should be lifted. I have supported sanctions on Iran directed at preventing the country from obtaining or using a nuclear weapon (in contrast to sanctions targeting non-nuclear-related civilian activities), and it’s likely that negotiations would not have taken place had those sanctions not been enacted.

The Review Act requires the president to submit to Congress the text of any nuclear deal reached with Iran. Submission of the nuclear deal triggers a period of review for Congress to analyze the agreement—a period during which the president is prohibited from taking any actions to lift statutory sanctions.

The precise language of the Review Act recognizes that a comprehensive nuclear deal includes many separate components, and that for members of Congress to accurately assess the merits of the agreement, Congress must have access to all portions of the agreement. Thus, the Review Act carefully defines “agreement” to include “annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements.”

We now know that there are at least two side agreements between Iran and the International Atomic Energy Agency (IAEA) that are integral to the nuclear deal but nevertheless will not be shared with Congress. These side agreements cover how a primary Iranian military site will be inspected for nuclear activity and how Iran will resolve outstanding issues on possible military dimensions of its nuclear program. Remarkably, it was only through a chance meeting between two members of Congress and the IAEA that the existence of these secret agreements came to light. The Obama administration apparently preferred to keep Congress in the dark, and even now the administration refuses to provide the side agreements to Congress. Indeed, Secretary of State John Kerry claims that even the president’s negotiating team doesn’t have access to these side agreements.

The Obama administration’s secrecy surrounding these side agreements casts serious doubts on its other claims about the nuclear deal, and it makes clear that the president has not been working with Congress in good faith. The president signed the Review Act into law knowing full well that it requires him to provide all side agreements to Congress. The administration should not have negotiated a final nuclear deal that allows portions of the agreement to be withheld from Congress, because the president knows that his agreeing to such a nuclear deal violates U.S. law and his duty under the Constitution’s Take Care Clause.

This violation of law with respect to the submission of the agreement has further implications under the Review Act. The 30- to 60-day congressional review period for the nuclear deal isn’t triggered until the president submits the *entire* agreement to Congress. If the nuclear deal hasn’t been submitted in full—because side agreements remain hidden—then the review period hasn’t even begun.

But the existence of secret agreements with the IAEA has deeper implications still. The available text of the nuclear deal states that nuclear, missile, and arms restrictions on Iran are to be lifted after certain periods of time (between five and ten years depending on the source and type) “or when the IAEA has reached the Broader Conclusion that all nuclear material in Iran remains in peaceful activities, whichever is earlier.” In other words, at the discretion of the IAEA, these restrictions may be lifted significantly earlier than the milestone dates specified in the agreement, and the exact method by which the IAEA will reach this conclusion can’t be known to Congress or even the Obama administration, because the side agreements remain secret.

Finally, even if we set aside the constitutional defects and related consequences discussed above, it is unconscionable that the Obama administration would negotiate a final agreement that does not secure the release of the three American hostages held in Iran—Saeed Abedini, Amir Hekmati, and Jason Rezaian—or information on the whereabouts of a former FBI agent abducted in Iran, Robert Levinson. The nuclear deal provides Iran access to billions of dollars in unfrozen assets and the almost immediate removal of major U.S. and international economic sanctions on Iran’s financial and energy sectors, followed by the termination of most nuclear-related sanctions on Iran in just a few years. If Iran is unwilling to return American hostages to their families as part of this agreement, then we cannot trust that Iran will act in good faith as sanctions are lifted.

I support peaceful negotiations to prevent Iran from obtaining or using a nuclear weapon, and I kept an open mind about this agreement as it was being negotiated. It’s regrettable that the president has acted disingenuously in his interactions with Congress and continues to treat the Constitution with contempt. Despite the Obama administration’s false rhetoric, the choice here is not between this nuclear deal and war. A better agreement that complies with the Constitution and secures long-lasting peace is possible. (See “Constitutional Defects With the Iran Nuclear Deal” originally posted HERE)

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Support for Iran Nuclear Agreement Falls

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sad-obamaAs Congress prepares to vote on the Iran nuclear agreement, public support for the deal has declined. Currently, just 21% approve of the agreement on Iran’s nuclear program reached between the United States, Iran and other nations. Nearly half (49%) disapprove of the agreement, while three-in-ten (30%) offer no opinion.

In mid-July, a week after President Obama announced the deal, 33% of the public approved of the agreement, while 45% disapproved and 22% had no opinion. Over the past six weeks, the share approving of the agreement has fallen 12 percentage points (from 33% to 21%), while disapproval has held fairly steady (45% then, 49% now). Somewhat more express no opinion than did so in July (22% then, 30% now).

The latest national survey by the Pew Research Center, conducted Sept. 3-7 among 1,004 adults, finds that the contentious debate over the Iran agreement has not resonated widely with the public. In fact, the share saying they have heard either a lot or a little about the agreement has declined from 79% in July to 69% in the new survey. The share saying they have heard “nothing at all” about it has increased nine percentage points, from 21% to 30%.

Republicans are far more likely than Democrats or independents to say they have heard about the agreement, and these differences have widened since July. Today, 86% of Republicans, 69% of Democrats and 63% of independents have heard at least a little about the nuclear agreement. Since July, the percentage of Republicans who say they are aware of the agreement is unchanged (84% then) while declining nine percentage points among Democrats (78% to 69%) and 14 points among independents (77% to 63%).

While the partisan divide over the nuclear agreement remains substantial, support for the deal has slipped across the board since July. Currently, 42% of Democrats approve of the agreement, while 29% disapprove and an identical percentage has no opinion. In July, 50% of Democrats approved, 27% disapproved and 22% had no opinion. (Read more from “Support for Iran Nuclear Agreement Falls” HERE)

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DNC Head Chokes up Announcing Iran Deal Vote

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o-DEBBIE-WASSERMAN-SCHULTZ-facebookThe head of the Democratic Party, Rep. Debbie Wasserman Schultz, D-Fla., choked up while discussing her “gut wrenching” decision to vote in favor of the Iran nuclear deal.

“There’s nothing that’s more important to me, as a Jew, than to ensure Israel’s existence is there throughout our generations,” she said Sunday, choking back tears. Wasserman Schultz announced her vote for the deal, which will ease economic sanctions in return for Iran scaling back its nuclear program, on CNN’s “State of the Union” and in an op-ed for the Miami Herald.

Holding back tears, Wasserman Schultz said that in her op-ed, she talks about her “Jewish heart and how important this [decision] was to me … as a Jewish mother.”

“In weighing everything, all the information, I’ve concluded the best thing to do is vote in support of the Iran deal and put Iran years away from being a nuclear state,” she said. The Obama administration secured enough votes this week to ensure the deal will survive efforts to kill it.

In making her decision, Wasserman Schultz met with President Obama, Vice President Biden, Treasury Secretary Jack Lew, Secretary of State John Kerry and Energy Secretary Ernest Moniz, as well as dozens of intelligence experts. She has been to the Situation Room twenty times in the past two years, she said, and has personally verified with the Obama administration that Iran will have to allow inspectors in to verify that it is scaling back its nuclear capacity and cannot self-inspect. (Read more from “DNC Head Chokes up Announcing Iran Deal Vote” HERE)

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Kerry Promises Israel, Saudis Money in Wake of Iran Nuclear Deal

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John KerrySecretary of State John Kerry on Wednesday moved to reassure Congress that Israel and America’s Gulf State allies would be fully taken care of in the wake of the Iran nuclear deal, which Kerry acknowledged would not stop Iran’s support for terrorism, according to a letter sent by the secretary of state to lawmakers.

Just moments after the White House secured enough votes to override a congressional veto of the Iran deal, a letter from Kerry appeared in the inboxes of congressional offices across Capitol Hill.

Kerry admits that, despite the deal, Iran will continue to back terrorist groups across the globe and promises to boost military support and funding to Israel and Gulf states such as Saudi Arabia, according to a copy of the letter obtained by the Washington Free Beacon.

The letter comes in response to concerns among lawmakers, Israel, and other Gulf region allies that the nuclear accord will boost the Islamic Republic’s support for terrorism, while leaving traditional U.S. allies on the defense.

“Important questions have been raised concerning the need to increase security assistance to our allies and partners in the region and to enhance our efforts to counter Iran’s destabilizing activities in the region,” Kerry writes. “We share the concern expressed by many in Congress regarding Iran’s continued support for terrorist and proxy groups throughout the region, its propping up of the Assad regime in Syria, its efforts to undermine the stability of its regional neighbors, and the threat it poses to Israel.” (Read more from “Kerry Promises Israel, Saudis Money in Wake of Iran Nuclear Deal” HERE)

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Ted Cruz, Donald Trump to Team up for Rally Against Iran Deal

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def94b4f-5cbf-4b7e-9441-525ef727a581Call it a public display of political affection: Sen. Ted Cruz has invited Donald Trump to Washington next month for a rally against the Iran nuclear deal.

The two Republican rivals are set to appear at an event organized by the Tea Party Patriots, the Center for Security Politics, and the Zionist Organization of America, according to the Cruz campaign.

Mort Klein, the ZOA president, said the rally has been in the works for weeks, though Trump’s inclusion is a relatively new development.

“I think it’s of great value to have a person who will likely command coverage of this rally, of this issue, like Donald Trump would be able to,” he said. “I think it’s a good thing. I don’t care if he sucks the air out of the room.”

Klein, who said the rally is tentatively set for September 9th, continued: “Maybe [Trump] will be covered more than anyone else at the rally. Fine. The issue’s all that matters to me, and getting it covered, and trying to stop this disaster for our country.” (Read more from “Ted Cruz, Donald Trump to Team up for Rally Against Iran Deal” HERE)

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U.S. Acquiescence to a Bad Iran Deal Was No Mistake [+video]

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Obama Hosts Gulf Cooperation Council Summit at Camp DavidThere is no shortage of critics of the recently concluded nuclear agreement that President Obama has reached with the evil Iranian theocracy. All the “known concessions” by the Obama administration should come as no surprise. Make no mistake — these concessions were not due to incompetence nor the inability to negotiate. They are part of the president’s planned agenda to fundamentally transform America by diminishing our stature and credibility. It is another example of his misguided view that America must be humbled for the many “problems” we have caused throughout the world.

Mr. Obama’s game plan on how to negotiate with the Ayatollah Ali Khamenei had its genesis in the summer of 2008. According to scholar and author Michael Ledeen, around the time when candidate Barack Obama received the Democratic Party’s nomination, he opened a secret communication channel with the Iranian theocracy. The go-between was Ambassador William G. Miller, the former U.S. ambassador to Ukraine, who spoke fluent Farsi from his previous tours of duty in Tehran.

The message was, “Don’t sign an agreement with the Bush administration. Wait until I am president — you will get a much better deal! You will like my policies. I am your friend.” Here is a country that has cost thousands of American lives. Furthermore, all Americans should never forget that it was Iran that provided the key material and training support to the September 11 hijackers. Without that support the attack could not have been carried out, and some 3,000 innocent Americans who were doing nothing more than going to work would be alive today. Yet our president told this regime that he was their friend.

This borders on treason and most certainly violated the Logan Act, which forbids private citizens from interfering in government diplomacy.

The endless Kabuki dance that went on in Geneva and Vienna was not only an embarrassment for all Americans, but more importantly, it “conceded America’s honor,” an honor that has stood on bedrock principles which hundreds of thousands of Americans have paid the ultimate price to protect. Our nation was humiliated. This treaty must be rejected.

While being challenged throughout the world, the Obama administration continues with its senseless unilateral disarmament of our military forces, thereby jeopardizing our national security. As if disarmament were not enough, our military is being forced to train the military forces of our potential enemies. Specifically, Chinese infantry troops are being trained in the United States. Moreover, the Chinese navy was invited to participate in the 2014 Rim of the Pacific fleet exercise and has been invited again to participate in the 2016 fleet exercise to be held off the coast of Hawaii, alongside all of our major Pacific allies. We clearly are compromising our tactics, techniques and operations.

Compounding the problem is the use of our military as a social engineering laboratory to advance Mr. Obama’s political and social agenda. With regard to the promotion of the gay, lesbian, bisexual and transgender lifestyle, my late friend M. Stanton Evans in his monumental 1994 book “The Theme is Freedom” had it right when he called it a return to the “pagan ethic.”

Clearly, the Obama administration is attacking the American way of life from all aspects. Our open border policy makes absolutely no sense. We have anywhere from 11 million to possibly as many as 30 million illegal immigrants within our borders. Sanctuary cities are also in clear violation of immigration laws. The welcome mat has been put out by the administration so that the more recent illegal immigrants are able to draw upon a wide range of taxpayer benefits, including food stamps, health care and earned income tax credit for three years, all at the American taxpayers’ expense. However, the overwhelming majority of immigrants come here as the result of our visa policies. The U.S. issues the treasured “green card” to approximately 1 million immigrants per year, most of whom are unskilled. They are immediately entitled to numerous benefits at taxpayers’ expense. Congress must act to limit the number of green cards issued.

Releasing illegal immigrants from jail with criminal records is a deliberate affront to all Americans. Seeding throughout the country Muslim immigrants who have no intent to assimilate is another affront and tears at the fabric of our society.

Compounding the immigration crisis, is the Obama administration’s inclination to divide Americans by race and class. This is unconscionable. You are either an American entitled to all the benefits that being an American conveys, or you are not. Those are the only two classes. The first one is sacred.

The corruption of our government agencies, fostered by the Obama administration, should not be overlooked. The selective enforcement of our laws and traditions has lowered Americans’ respect and trust of those agencies. However, taken in the aggregate, the fundamental transformation of America is taking place with no objections from Congress and the Supreme Court, which are supposed to prevent illegal and unconstitutional acts by an out-of-control president. Congress and the high court, and for that matter, our military leadership, are complicit in these illegal actions by not faithfully executing their oaths of office. This cannot stand. As Thomas Paine stated, “These are the times that try men’s souls.” With our corrupt leadership, it is now time to take back America.

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Report: Not Enough Inspectors to Check Iran for Nukes [+video]

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SWITZERLAND-IRAN-US-NUCLEARBy Paul Bedard. The Iran nuclear deal being promoted by President Obama comes with an additional hidden tax of $36 million to watch the terror-nation’s nuclear program, according to a bipartisan budget analysis.

At $50 million, that is nearly three times, or 257 percent, more than the $14 million the United Nation’s spends now on Iran nuclear surveillance, according to the Bipartisan Policy Center.

What’s more: The International Atomic Energy Agency doesn’t even have enough experienced inspectors and will likely have to call some out of retirement to keep an eagle eye on Tehran, said the report from analyst Jessica Michek.

“To implement the interim agreement, the IAEA reportedly had to bring former inspectors back from retirement — it is unclear where the agency will find the manpower to carry out its increased workload in Iran while maintaining its verification programs around the world. If the IAEA’s expanded workload and additional inspectors increase costs in a manner similar to the interim agreement, implementing the [agreement] may cost $3 million a month in addition to the IAEA’s regular budget, or $36 million more a year,” wrote Michek. (Read more from “Report: Not Enough Inspectors to Check Iran for Nukes” HERE)

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Sen. Blumenthal on Iran Deal: ‘There May Have Been a Better Deal If We Had Different People Doing It’

By Craig Millward. During a meeting with constituents in Cornwall, Conn., last week, Sen. Richard Blumenthal (D-Conn.) said there were “weaknesses” with the Iran nuclear agreement and added that, “there may have been a better deal if we’d had different people doing it.”

While speaking at an event hosted by the Democratic Coalition of Northwest Connecticut, Blumenthal said, “I have not made a decision about whether I will vote to reject the agreement or not. And I think that there are weaknesses in this agreement. The president has said, he’s right, no agreement is perfect. The Secretary of State has said, negotiations always involve compromise.”

“That’s true,” said Blumenthal. “The question is whether those weaknesses justify voting against the agreement. And the key question is what will happen if Congress rejects, what are the alternatives?”

“What will happen as a practical matter because the question is not whether we would have — you or I — negotiated a better deal,” said Blumenthal.

“There may have been a better deal,” he continued, “if we had different people doing it. But the question is what happens if this agreement is rejected?” (Read more from this story HERE)

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