Update on the Lawsuit Boehner’s House vs. Obama

Primer links:

The vote by the House to hire a lawyer and sue Barack Obama

The lawsuit document against Barack Obama filed

A Question of Power: The Imperial Presidency by Turley

 

House lawsuit against Obama is turning into a real problem for the president

LATimes: An unprecedented House lawsuit against President Obama that was once derided as a certain loser looks stronger now and may soon deliver an early legal round to Republican lawmakers complaining of executive branch overreach.

A federal judge is expected to decide shortly whether to dismiss the suit, but thanks to an amended complaint and a recent Supreme Court ruling, the Republican-backed case has a much better chance of proceeding, attorneys agree.

At issue is whether the House may sue in court to defend its constitutionally granted “power of the purse” if the president spends money that was not appropriated by Congress.

The lawsuit alleges that Obama’s top aides quietly claimed the power to spend $178 billion over the next decade to reimburse health insurers for covering the cost of co-payments for low-income people who buy subsidized insurance under the Affordable Care Act.

The administration initially submitted a request for an annual appropriation — about $4 billion last year — but then changed course. Officials, including Health and Human Services Secretary Sylvia Mathews Burwell, decided the so-called cost-sharing payments to insurers were mandatory and were akin to an entitlement written into law, so there was no need to seek additional approval from Congress.

House Republicans disagree and say the administration’s spending is unconstitutional.

“The power of the purse is the very thumping heart of the legislative function in our system of separation of powers,” said Jonathan Turley, the George Washington University professor who was hired in November to lead the lawsuit.

Even if a federal judge allows the complaint to proceed, the lawsuit still faces a series of hurdles. And regardless of who wins, the future of Obama’s healthcare law does not appear to turn on the outcome. However, insurance premiums could rise sharply if the cost-sharing payments are cut off.

In May, U.S. District Judge Rosemary Collyer voiced exasperation when a Justice Department lawyer tried to explain why the Obama administration was entitled to spend the money without the approval of Congress. Why is that “not an insult to the Constitution?” Collyer asked.

But the more formidable barrier now facing the lawsuit is a procedural rule. Judges have repeatedly said lawmakers do not have standing to re-fight political battles in court.

In an oft-cited ruling, the Supreme Court in 1997 tossed out a lawsuit by six members of Congress who contended the newly passed Line Item Veto Act was unconstitutional. Justices said the lawmakers were not sufficiently harmed by the law to merit bringing a lawsuit.

But in late June, the high court gave the House lawsuit an apparent boost when it ruled the Arizona Legislature had standing to sue in federal court to defend its power to draw election districts. Although the Arizona lawmakers lost their case, Justice Ruth Bader Ginsburg said the Legislature could sue because it was an “institutional plaintiff asserting an institutional injury.”

That is exactly what House Republicans claim in their lawsuit. They say they are defending their institutional authority to appropriate money.

Ginsburg in a footnote said the court was not deciding “the question of whether Congress has standing to bring a suit against the president.” But administration supporters acknowledge the high court’s opinion in the Arizona case increases the odds the suit will survive.

When it was filed last summer, the lawsuit was largely dismissed as a feeble gesture unlikely to succeed. It originally accused the president of overstepping his power by delaying an implementation deadline spelled out in the Affordable Care Act.

That put Republicans in the awkward position of faulting the Obama administration for moving too slowly to enforce provisions of a healthcare law that they were simultaneously trying to repeal.

Turley helped focus the case on the appropriations dispute, and those who have followed it closely are not so confident it will go away soon.

The case “is certainly not a slam-dunk” for the administration, said Simon Lazarus, a lawyer for the liberal Constitutional Accountability Center. “Judge Collyer was annoyed with the government’s argument, so there is at least a possibility of Turley prevailing on the motion to dismiss.”

But Lazarus remains confident the administration will win in the end.

Washington attorney Walter Dellinger, a former Clinton administration lawyer, believes the courts will not finally rule on the House lawsuit. “There has never been a lawsuit by a president against Congress or by Congress against the president over how to interpret a statute,” he said.

If the courts open the door to such claims, lawmakers in the future will opt to sue whenever they lose a political battle, Dellinger said. “You’d see immediate litigation every time a law was passed,” he said.

The Parchin IAEA Iran Deal Agreement Revealed

The original draft agreement between the U.N.’s International Atomic Energy Agency and Iran covering inspections at the Parchin military site has been viewed by Associated Press. The media outlet was only allowed to take notes rather than have an exact copy.

AP: VIENNA (AP) — An AP report has revealed that the U.N. International Atomic Energy Agency has agreed with Iran that Iranian experts and equipment will be used to inspect Iran’s Parchin military site, located in not far from Tehran, where Iran is suspected of conducting covert nuclear weapons activity more than a decade ago.

Here are some questions and answers about the document, and what it means for the larger deal between Iran, the United States and five other world powers to limit Iran’s nuclear activities in exchange for easing sanctions against Iran.

WHAT HAVE IRAN AND THE IAEA AGREED?

According to a draft document viewed by AP, Iran has agreed to cooperate with the U.N. in answering longstanding allegations about possible past work to develop nuclear weapons at its Parchin plant – but only with the Iranians conducting the inspections themselves. Iran would collect its own environmental samples on the site and carry out other work usually done by IAEA experts. The IAEA will be able to review the Iranians’ work after the fact. The deal on Parchin was between the IAEA and Iran. The Obama Administration was not a direct party to the agreement, but apparently was aware of it.

WHAT DO OPPONENTS OF THE DEAL SAY?

Opponents of the broader deal are seizing an opportunity to say the entire exercise of negotiating with Iran is flawed, that it relies too much on trust of the Iranian government.

WHAT DOES THE OBAMA ADMINISTRATION SAY?

The Obama administration and other supporters say the wider agreement say it is focused on the future, with ample inspections, and that the side accord between Iran and the IAEA is focused on Iran’s activities in the past and therefore is not central to the overall deal.

HOW UNUSUAL IS THE AGREEMENT ON PARCHIN?

Any IAEA inspection of a country suspected of nuclear irregularities is usually carried out by agency experts. They may take swipes of residue on equipment, sample the air or take soil samples in attempts to look for signs of clandestine work on atomic arms or other potentially dangerous unreported activity.

The document on Parchin, however, will let the Iranians themselves look for signs of the very activity they deny – past work on nuclear weapons. It says “Iran will provide” the agency with environmental samples. It restricts the number of samples at the suspect site to seven and to an unspecified number “outside of the Parchin complex” at a site that still needs to be decided.

The U.N. agency will take possession of the samples for testing, as usual. Iran will also provide photos and video of locations to be inspected. But the document suggests that areas of sensitive military activity remain out of bounds. The draft says the IAEA will “ensure the technical authenticity of the activities” carried out by the Iranians – but it does not say how.

In contrast, the main nuclear deal with Iran gives IAEA experts greatly expanded authority compared to what it has now to monitor Iranian nuclear activities as it works to ensure that Tehran is hewing to its commitments; reducing the scope and output of programs that Iran says it needs to generate energy but which can also be turned to making the fissile core of atomic weapons.

WHY IS THE PARCHIN AGREEMENT IMPORTANT?

Any indication that the IAEA is diverging from established inspection rules could weaken the agency, the world’s nuclear watchdog with 164 members, and feed suspicions that it is ready to overly compromise in hopes of winding up a probe that has essentially been stalemated for more than a decade.

Politically, the arrangement has been grist for American opponents of the broader separate agreement to limit Iran’s future nuclear programs, signed by the Obama administration, Iran and five world powers in July. Critics have complained that the wider deal is built on trust of the Iranians, while the administration has insisted it depends on reliable inspections.

The separate agreement on past nuclear activities does not affect the broader deal signed in July. And it doesn’t appear yet that the revelation will change any votes in Congress for or against a resolution of disapproval, which President Barack Obama is expected to veto if it passes.

HOW DID THIS AGREEMENT HAPPEN?

It could be a matter of priorities.

The Obama administration’s main focus in the broader Iran deal – signed by the U.S., Iran, Britain, France, Germany, Russia and China – is crimping Iran’s present nuclear activities so they cannot be used in the future toward making a bomb. Faced with more than a decade of Iranian resistance to IAEA attempts to probe the allegations of past weapons work at Parchin, there may be a willingness to settle for an agency report that is less than definitive – and methods that deviate from usual practices.

The IAEA also appears to have recognized that Iran will continue to insist the allegations are lies, based on false U.S., Israeli and other intelligence. After a decade of stalemate it wants to close the books on the issue and allow the U.N. Security Council to do so as well.

The alternative might well have been no inspection at Parchin any kind.

WHAT DOES THE IAEA SAY?

Director General Yukiya Amano says, “The arrangements are technically sound and consistent with our long-established practices. They do not compromise our … standards in any way.” He says agreements with Iran on clearing up the nuclear arms allegations “are confidential and I have a legal obligation not to make them public – the same obligation I have for hundreds of such arrangements made with other IAEA member states.”

WHAT DO OTHERS SAY?

Ned Price, spokesman for the National Security Council at the White House: “We are confident in the agency’s technical plans for investigating the possible military dimensions of Iran’s former program, issues that in some cases date back more than a decade. Just as importantly, the IAEA is comfortable with the arrangements, which are unique to the agency’s investigation of Iran’s historical activities.”

Olli Heinonen, in charge of the Iran investigation as IAEA deputy director general from 2005 through 2010, says he can think of no similar arrangement – a country essentially allowed to carry out much of the probe of suspicions against it.

HOW CRUCIAL IS PARCHIN TO THE OVERALL DEAL?

U.S. intelligence officials do not consider the Parchin inspections a critical part of the broader deal, according to one official, commenting only on condition of anonymity because he was not authorized to be quoted. The U.S. believes most weapons work occurred there in 2003, the official says, and the site has been thoroughly cleaned up since then.

*** In short, noted below:

Separate arrangement II agreed by the Islamic State of Iran and the International Atomic Energy Agency on 11 July 2015, regarding the Road-map, Paragraph 5

Iran and the Agency agreed on the following sequential arrangement with regard to the Parchin issue:

1. Iran will provide to the Agency photos of the locations, including those identified in paragraph 3 below, which would be mutually agreed between Iran and the Agency, taking into account military concerns.

2. Iran will provide to the Agency videos of the locations, including those identified in paragraph 3 below, which would be mutually agreed between Iran and the Agency, taking into account military concerns.

3. Iran will provide to the Agency 7 environmental samples taken from points inside one building already identified by the Agency and agreed by Iran, and 2 points outside of the Parchin complex which would be agreed between Iran and the Agency.

4. The Agency will ensure the technical authenticity of the activities referred to in paragraphs 1-3 above. Activities will be carried out using Iran’s authenticated equipment, consistent with technical specifications provided by the Agency, and the Agency’s containers and seals.

5. The above mentioned measures would be followed, as a courtesy by Iran, by a public visit of the Director General, as a dignitary guest of the Government of Iran, accompanied by his deputy for safeguards.

6. Iran and the Agency will organize a one-day technical roundtable on issues relevant to Parchin.

For the International Atomic Energy Agency: Tero Varjoranta, Deputy Director General for Safeguards

For the Islamic Republic of Iran: Ali Hoseini Tash, Deputy Secretary of Supreme National Security Council for Strategic Affairs

Obama Allowing Yemen Leaders to Betray Strategy

It was in March of 2015 conditions in Yemen exploded at the orders of Iran to deploy the Houthi against Saudi Arabia.

In 2010 the Obama administration used Yemen as the core operational hub for killer drones against militant terror cells and for the policy of his counter-terrorism campaign. This was all authorized by Obama’s signature known as ‘presidential findings’. Yemen is actually the birthplace of Osama bin Ladin’s father and is also known as the location of the death of Anwar Awlaki and the concocted bombing operation of the Detroit bound airline.

What is forgotten is the CIA operated a drone base there and an air base while Yemen’s president, Abdu Rabu Mansour appeared to participate in the betrayal of stopping America’s war on terrorism with regard to al Qaeda in the Arabian Peninsula. The hostilities began in such swift order that evacuations were immediate and by any means possible. The United States was forced to leave behind $500 million in military assets and gear much less the CIA’s entire intelligence platform was stolen and in the hands of the enemy.

But actually it is worse, simply put, the United States was thrown out.

From Defense-Aerospace: China is about to take over a military base from the United States in the small East African nation of Djibouti, according to the website of China’s nationalistic tabloid the Global Times.

Djibouti reportedly ordered the US to vacate the Obock military base so that it can be turned over the People’s Liberation Army. According to US-based magazine CounterPunch, the announcement was made in May, a day after US secretary of state John Kerry visited the country.

The move is said to be “deeply worrying” for Washington as it comes amid a wave of Chinese investment in Djibouti that includes a US$3 billion rail project to connect the country with the capital of neighboring Ethiopia, Addis Ababa, and US$400 million in investments to modernize the country’s undersized port.

The deals have had Djibouti’s president Ismail Omar Guelleh “openly talking about the importance of his new friends from Asia,” the CounterPunch article said.

Djibouti is currently home to Camp Lemmonnier, the largest permanent US military installation in Africa, which houses 4,000 troops and a fleet of drones. The US Defense Department pays Djibouti nearly US$63 million per year for use of the base.

Though the US is losing only a secondary military installation in Obock, Washington is likely more concerned with what the base will provide China, which is strategic positioning in the Horn of Africa at a key entry point from the Indian Ocean to the Red Sea and a gateway to the Suez Canal.

***

Today hostilities continue in Yemen and there is some interesting cooperation in the region with Saudi Arabia. It appears the Obama administration has approved playing both sides of the battlefield.

From USNews in part: The U.S. knows the Saudi government has employed cluster bombs in its ongoing war against Shiite Muslim rebels in neighboring Yemen, but has done little if anything to stop the use of the indiscriminate and deadly weapons during what has become a human rights catastrophe in one of the Arab world’s poorest countries.

With watchdog groups warning of war crimes and attacks striking civilians in Yemen, the Pentagon declined to comment publicly on whether it has discussed cluster bombs with Saudi Arabia or encouraged its military to cease using them, deferring all such questions to the State Department. But a Pentagon official, speaking on the condition of anonymity, tells U.S. News “the U.S. is aware that Saudi Arabia has used cluster munitions in Yemen.”

Deferrals by the Pentagon on the topic are nothing new, though the use of the weapons by the Saudis – some of which were reportedly supplied by the U.S. – appears to be only a recent tactic. Former spokesman Army Col. Steve Warren told reporters in May the Defense Department was looking into claims the Saudis were using cluster munitions and called on all sides to “comply with international humanitarian law, including the obligation to take all feasible measures to minimize harm to civilians.” Warren’s successor, Navy Capt. Jeff Davis, was asked about similar reports in July and did not at that time have any new information.

Multiple groups are fighting in Yemen, but the heart of the conflict lies between forces loyal to U.S.- and Saudi-backed President Abed Rabbo Mansour Hadi, who fled from Yemen to Saudi Arabia earlier this year. They’re fighting against Shiite Houthi rebels aligned with, if not directly backed by, chief Saudi rival Iran. Deposed Yemeni President Ali Abdullah Saleh has also re-emerged and allied himself with the Houthis.

The U.S. supports the Saudi-led coalition of Arab nations battling the Houthis with an operations center in Saudi Arabia and another in Bahrain. Through them, the American military provides intelligence and logistics support as well as air tankers to help refuel the coalition’s jets.

That assistance, however, doesn’t grant the U.S. much sway over the way Saudi Arabia is waging its war.

“This is quite new for Saudi Arabia to be so assertive in their foreign policy and the use of their military, which is precisely why the Pentagon is bending over backward [for them],” says Charles Schmitz, a Towson University professor and expert on Yemen. “They want to reassure the Saudis that the U.S. is still on their side, so they’re letting them do whatever they want.”

Clashes have taken place throughout Yemen, but have been focused on recent weeks in and around the key port city of Aden, where Saudi-led forces established a beachhead against the Houthi stronghold earlier this month and have slowly expanded outward.

The conflict has grown increasingly deadly, and the deployment of cluster bombs has only added to the carnage. Almost 4,000 people have been killed, with 19,000 injured and more than a million displaced from their homes, according to accountings by the Red Cross and other organizations.

The U.S. and Saudi Arabia are among 80 countries that have not signed The Convention on Cluster Munitions, a treaty banning the use of such weapons, according to the Cluster Munition Coalition. The Defense Department also has deemed the bombs “legitimate weapons with clear military utility.”

Indeed, from a pure military perspective, a cluster bomb is ideal. The ordnance – which breaks apart in flight to disperse multiple, smaller explosives – is an excellent “area denial weapon” in military-speak, with its ability to cause massive destruction over wide swathes of territory while using relatively few military personnel. In Yemen, a largely arid country that shares a long border with Saudi Arabia, such weapons can be used to great effect.

But cluster bombs are also very difficult to control and extraordinarily dangerous to noncombatants. The explosives disperse more widely than precision-guided weapons and may not detonate on impact, making them potentially deadly long after combatants have left a battlefield.

“These weapons should never be used under any circumstances,” Human Rights Watch arms director Steve Goose said in May, when his organization released a report alleging the use of cluster bombs in Yemen. “Saudi Arabia and other coalition members – and the supplier, the U.S. – are flouting the global standard that rejects cluster munitions because of their long-term threat to civilians.”

However, since the U.S. is not leading the current war in Yemen – and since it hasn’t sworn off such weapons itself – it is no position morally or militarily to dictate the actions of a partner like Saudi Arabia.

“Actual U.S. strategy in the Middle East right now is to try and get allies and proxies to take the lead on actual fighting, a variant of the ‘lead from behind’ approach [taken] in Libya,” says Chris Harmer, a 20-year Navy officer now with the Institute for the Study of War. “It is simply not possible for the U.S. to tell allies and proxies who are doing the fighting what weapons to use. If the U.S. wants to minimize the use of cluster munitions against terrorist-affiliated groups such as the Houthis in Yemen, then the U.S. needs to take the lead in the fight.

“Absent a willingness to do so, the U.S. has no standing to tell its allies how to conduct the fight.”

Like most in the Middle East, the Saudi military has dedicated itself largely to internal security, not external operations. That has changed during the tenure of President Barack Obama, who has encouraged allies in the region – the beneficiaries of expensive U.S.-developed military equipment – to fight neighborhood wars for themselves instead of expecting American intervention.

One of the main exceptions aside from Yemen was when Saudi Arabia quietly launched a ground campaign into neighboring Bahrain during the 2011 Arab Spring uprisings in an effort to rescue the ruling government’s fellow Sunni Muslims from bubbling discontent among the Shiite majority there. Saudi-backed government forces were accused of heavy-handedness, though those reports were largely drowned out by larger uprisings elsewhere at the time. Many believe the harsh response was meant also to send a signal to Iran, believed to have been involved in stirring the uprising in Bahrain.

In Yemen, reports from the ground indicate the violence has reached new heights in recent weeks, following the collapse of a humanitarian cease-fire in late July after less than a day.

A Better Deal with Iran Possible? YES

Why we need a better deal with Iran

BusinessInsider: Here’s the real problem for the Iran deal moving forward: Parchin raises questions about how the implementation of the deal will be carried out and how effective it will be.

The AP’s Parchin report is based on one of two documents related to the implementation of the IAEA road map. Because the road map was signed between Iran and the IAEA, these implementation documents are not in the possession of US diplomats.

As US Secretary of State John Kerry acknowledged in congressional testimony, US nuclear negotiator Wendy Sherman has seen these side agreements, though he personally has not.

iran nuclearREUTERS

There’s already doubt as to whether the road map gives the IAEA enough time to fully investigate the scope of Iran’s weaponization program. The IAEA has until December to get answers to questions about the program that the agency has been asking for nearly a decade.

And determining the actual state of Iran’s nuclear-weaponization efforts is a crucial part of establishing an inspection baseline for the nuclear deal. The IAEA needs to be able to identify key personnel, facilities, supply chains, and past activities to establish exactly how far along Iran’s weaponization activities really are and to recognize whether those activities have been restarted.

As Stein told Vox, the IAEA was “using Iranian language” in framing how these disclosure issues would be settled in the road map. Certainly the document pertaining to Parchin suggests that the road map is on somewhat favorable terms for the Iranians. But what about the second side agreement — the one that may govern whom IAEA inspectors can talk to and what facilities they can visit as part of their road-map investigation?

The AP story isn’t necessarily important because of Parchin, which wasn’t going to be much of an information bonanza for inspectors anyway.

But it is important for what it suggests about the overall inspection terms under the road map — and what it may say about the overall effectiveness of the international effort to investigate the extent of Iran’s nuclear-weaponization work.

 

How to Get a Better Deal With Iran

Mark Dubowitz

Don’t listen to the naysayers. Congress can still force Iran back to the negotiating table — and the world will be a safer place for it.


Three possible scenarios:

1. Iran could decide to implement its commitments in good faith despite congressional disapproval in order to trigger substantial and automatic U.N. and EU sanctions relief.

2. The Iranians abandon their commitments under the agreement, but don’t rush to break out toward a nuclear weapon.

3.The Iranians exploit the temporary confusion of a congressional disapproval to divide the P5+1.


The Iran nuclear deal is a ticking time bomb. Its key provisions sunset too quickly, and it grants Iran too much leverage to engage in nuclear blackmail. Its key provisions sunset too quickly, and it grants Iran too much leverage to engage in nuclear blackmail. To defuse it, Congress needs to do what it has done dozens of times in the past including during the Cold War in requiring changes to key U.S.-Soviet arms control agreements:

Demand a better deal.

And contrary to the President Barack Obama’s threats, this doesn’t have to lead to war.

First, let’s review why this deal is so dangerous. The sunset clauses — the fatal flaw of the agreement — permit critical nuclear, arms, and ballistic missile restrictions to disappear over a five- to 15-year period. Tehran must simply abide by the agreement to soon emerge as a threshold nuclear power with an industrial-size enrichment program. Similarly, it must only hang tight to reach near-zero breakout time; find a clandestine sneak-out pathway powered by easier-to-hide advanced centrifuges; build an arsenal of intercontinental ballistic missiles; gain access to heavy weaponry like more sophisticated combat aircraft, attack helicopters, and battle tanks after the lifting of the U.N. conventional arms embargo after five years; and develop an economy increasingly immunized against future sanctions pressure. Iran can achieve all this without even cheating by simply waiting for the sunset dates to be reached; but cheating will only get Tehran there faster, for example, if it refuses physical access by the International Atomic Energy Agency to suspicious sites and Washington can’t get European support to punish Iranian stonewalling.

And it gets worse. If world powers reimpose sanctions in response to Iranian noncompliance, Tehran can void the deal. The nuclear agreement explicitly contemplates in paragraphs 26 and 37 of the main text that Iran will walk away from the deal if sanctions are reimposed in response to an Iranian violation. It also contains an explicit requirement in paragraph 29 of the main text for the United States and the EU to do nothing to interfere with the “normalization of trade and economic relations with Iran.” Let’s call these Iran’s “nuclear snap backs,” wherein Tehran will threaten nuclear escalation if the world powers try to force it back into compliance with the agreement.

But even without this arrow in their quiver, the Iranians over time will be immunized from economic shocks. Once European companies are sufficiently invested in Iran’s lucrative markets, any Iranian violations of the deal are likely to provoke disagreements between Washington and its European allies. Indeed, why would Europe agree to new sanctions when they have big money on the line? Their arguments against new nuclear sanctions will include questions about the credibility of evidence, the seriousness of the nuclear infractions, the appropriate level of response, and likely Iranian retaliation.

This dynamic undeniably threatens the effectiveness of the agreement’s Joint Commission — an eight-member body comprised of the United States, France, Britain, Germany, a representative from the EU, as well as Russia, China, and Iran — established to monitor the implementation of the deal. While an even more difficult-to-achieve unanimous decision is required for most decisions, a simple 5-to-3 majority is needed to get approval should Iran object for all-important IAEA access to suspect Iranian sites. The administration designed this scheme to bypass Russia and China if they take Iran’s side in a dispute. Washington assumes it can always count on European votes. But this is a mistake. Europe will have strong economic incentives to demure, particularly as pressure from European business lobbies grows, and good reason to buck the United States if Iran threatens a nuclear snap back.

While Washington can unilaterally reimpose U.N. sanctions if the issue does not get resolved and it “deems the issue to constitute significant non-performance,” it is unlikely to do this in the face of European resistance.

The same dynamics apply to the reimposition of non-nuclear sanctions, such as terrorism or human rights sanctions. On July 20, Iran informed the U.N. Security Council, stating that it may “reconsider its commitments” under the agreement if “new sanctions” are imposed “irrespective of whether such new sanctions are introduced on nuclear related or other grounds.” Would Europe agree to a U.S. plan to reimpose terrorism sanctions on the Central Bank of Iran if it was found — once again — to be financing terrorism? This is doubtful given that Tehran would threaten to return to its nuclear activities including large-scale uranium enrichment, putting not just European investments but the entire nuclear deal in jeopardy.

In other words, Europe’s fear of a collapsed deal and lost billions would erode American leverage and diminish our ability to reapply snap back economic sanctions. And as Washington’s influence steadily weakens, its options become increasingly limited. Over time, with sanctions off the table, American or Israeli military force could become the only option to stop an Iranian nuclear weapon. If and when that war comes, Iran will be far stronger — economically and militarily — than it is today.

So, what’s the alternative?

The president says there is none. He’s wrong. Congress can and should require the administration to amend the agreement’s fatal flaws, such as the sunset clause and the nuclear snap back.

There is ample precedent to amend the deal. Congress has required amendments to more than 200 treaties before receiving Senate consent, including significant bilateral Cold War arms control agreements with the Soviets like the Threshold Test Ban Treaty and the Peaceful Nuclear Explosions Treaty, as well as multilateral agreements like the Chemical Weapons Convention negotiated with 87 participating countries, including Iran, by President Bill Clinton. And it’s not just Republicans putting up obstacles. During the Cold War, Democratic senators like Henry Jackson withstood pressure from Richard Nixon and Henry Kissinger who insisted that the deals they negotiated go unchanged. This all happened at a time when Moscow had thousands of nuclear-tipped missiles aimed at America.

Should Congress follow in this proud tradition and disapprove of the Iran deal, there are three possible scenarios. Each presents challenges. But each is preferable to this fatally flawed agreement.

In the first scenario, Iran could decide to implement its commitments in good faith despite congressional disapproval in order to trigger substantial and automatic U.N. and EU sanctions relief coming to them under the terms of the agreement. If President Obama wanted to move forward with the agreement, he could circumvent legislative attempts to block sanctions relief. He would do this by using his executive authority to de-designate all Iranian financial and other commercial entities that are targets of congressional sanctions, ignore the statutory designation of Iran’s central bank, which he has already declared as unconstitutional, use Treasury licenses to approve financial and commercial transactions, and refuse to reauthorize key energy sanctions in December 2016. Alternatively, the president could heed Congress and threaten to use secondary sanctions against European and other businesses looking to work with Iran, which would be a powerful deterrent to stop these firms from rushing into Iran and provide more diplomatic space for key P5+1 partners like France, Britain, and Germany to join the United States in demanding better terms.

In a second scenario, the Iranians abandon their commitments under the agreement, but don’t rush to break out toward a nuclear weapon. Iran would get none of the benefits of sanctions relief but would try to exploit the congressional disapproval domestically, claiming that it was wronged by the United States. As it did between the mid-1990s and 2013, Iran would then likely start to escalate its nuclear program incrementally. It would take gradual steps forward in its nuclear program to avoid unifying the major powers, not to mention even more crippling economic sanctions or even U.S. military strikes. In this case, Washington would be in a stronger position to use diplomatic and economic coercion to force the Iranians back to the table for a better deal that amends the agreement’s sunset clauses and nuclear snap back.

In a third scenario, the Iranians exploit the temporary confusion of a congressional disapproval to divide the P5+1. This is a messy diplomatic scenario — and probably the most likely one. In this scenario, Iran would implement certain nuclear commitments but not others. In the policy disagreements that would be sure to follow, Iran could then try to divide the Russians and Chinese from the West, and the Europeans from the United States in order to undermine the multilateral sanctions regime.

China and Russia might return to some Iranian business — they were busting U.S. sanctions even at the height of Obama’s sanctions enforcement. But they are also likely to stay at the negotiating table to achieve their original objective: Keeping Iran from getting nukes. Beijing doesn’t want a nuclear-armed Iran wreaking havoc with global energy prices; Moscow wouldn’t mind high energy prices but not a revolutionary Islamist regime with nukes stirring up trouble in its neighborhood, including with Russia’s large Muslim population.

Europe, however, is the key. Europe’s markets always have been Tehran’s big economic prize. The key for Congress and the White House will be to use diplomatic persuasion and U.S. financial sanctions to keep the Europeans out of Iran. America has that leverage now, before Europe rushes to reenter the Iranian market; relying on snap back sanctions to get the Europeans out again is a weak play. As former Treasury official Juan Zarate has noted, “We can’t argue in the same breath that ‘snapback’ sanctions as constructed offer a real Sword of Damocles to be wielded over the heads of the Iranians for years while arguing that there is no way now for the U.S. to maintain the crippling financial and economic isolation which helped bring the Iranians to the table.”

If Washington makes it clear that European banks will risk penalties or jeopardize their ability to transact in dollars if they do business with Iranian banks, those European energy, insurance, and industrial companies will find their financial pathways into Iran stymied.

The power of U.S. financial sanctions always depended on the private sector’s appetite for risk. In the event of a congressional disapproval, or a vote in which a simple majority of senators reject the deal, major European companies likely will hold off on investment until a new president comes into office in 2017. They will also be concerned about the legal and reputational risk of doing business with Iran’s Islamic Revolutionary Guard Corps (who dominate strategic sectors of Iran’s economy like finance, energy, construction, and automotive and will still be designated a proliferation sponsor by the United States). Treasury has already issued guidance that international companies should be very circumspect before reentering the Revolutionary Guards-dominated Iranian market.

This leverage can be used to get a better deal, one that would require that nuclear, arms, and ballistic missile restrictions don’t sunset until the U.N. Security Council (where America retains its veto) votes to lift them. It would remove the Iranian nuclear snap back language and include Tehran’s explicit acknowledgement that sanctions can be reimposed for terrorism, human rights abuses, ICBM development, and on other non-nuclear grounds. It also would include other changes like the requirement that IAEA weapons inspectors physically enter and thoroughly investigate any suspect military or non-military site, something U.S. lead negotiator Wendy Sherman said in a recent congressional hearing will not always be necessary because soil sampling carried out by Iran will be sufficient.

It won’t be easy getting changes to the deal as it now stands. It will require additional leverage. But the United States will never again have the kind of powerful secondary sanctions leverage that it does today. Congress now has an opportunity to ensure that we maintain and use that power. The aim should not be to torpedo diplomacy. Rather, it is to defuse that ticking time bomb by making critical amendments to this Iran deal that lower the risk of a future war.

Defund UNRWA and Terminate it Over Fraud

The Best Way to Fix UNRWA’s Budget Crisis

Algemeiner: Out of UNRWA’s $100 million deficit that threatens to delay the school year, $28 million comes from Jordan.

That covers the costs for 120,000 students in 175 schools taught by 5,500 teachers throughout Jordan for four months.

This means that the annual budget for educating Jordan’s students of Palestinian origin is $70 million.

Nearly every one of these students is already a Jordanian citizen.

Jordan says that it cannot afford to educate these students, relying instead on UNRWA, even though this means that the kingdom has two separate school systems with two separate bureaucracies, two separate transportation systems, two separate administrations.

So why not just redirect the money earmarked for UNRWA to Jordanian schools directly?

Western nations should be happy to get rid of Jordanian apartheid where Palestinians are treated as second-class citizens. They can and should be mainstreamed into Jordanian society, something that should have happened decades ago.

By no definition can they be considered “refugees.” So why continue to treat them that way?

A five or seven year program to fund Jordan’s existing education (and medical) system to accommodate Palestinians, and phase out the current apartheid system for to million so-called “refugees,” is something that everyone who cares about equal rights should support.

And Canada could be in the forefront to kickstart such a program.

In 2007, Canada gave $32 million to UNRWA. As it soon realized that UNRWA is not aligned with Canadian values, the nation dropped its support to zero, redirecting some of it to various specific PA projects.

UNRWA is at a crossroads. It cannot continue to fund fund its ever-growing “refugee” population without a plan to reduce the number of people on its rolls, as it was originally intended to do. There is no rational reason for Jordanian citizens who happen to have Palestinian ancestry to be considered “refugees.” The only reason UNRWA exists in Jordan is as a crutch to help Jordan’s budget (besides the political reason of inflating the number of “refugees” to pressure Israel forever.)

It is past time to force UNRWA to change its working definition of “refugee” to be more aligned with that of the UNHCR and to phase out aid to the fake “refugees’ who are citizens of Jordan. This budget crisis gives the world a chance to do exactly that, by using limited aid funds smartly and at the same time to eliminate two million “refugees.”

The same can be done in the West Bank and Gaza, two other places that Palestinians cannot possibly be called “refugees” by any sane definition. Since most countries recognize “Palestine” as a state, pay the PA to take responsibility for their own people – with a deadline.

The money saved can help the stateless Arabs of Palestinian origin wasting away in Lebanon and Syria, where UNRWA aid is most urgently needed until a more permanent solution is found.

Enlightened nations like Canada and Australia and the U.S. would also be happy to replace the current UNRWA dinosaur with a real plan to reduce its budget while directing funds at those who need them most.

Now is the chance to accomplish something useful before UNRWA implodes and its current welfare recipients are left with nothing but anger.

Deeper Dive on UNRWA

The U.S. Senate received lately a precedent decision regarding refugees UNRWA and the Palestinian Arabs. To understand the change one should have mentioned that UNRWA’s beginning was appropriate.  A UN relief organization for the British Mandate Arabs, most of whom fled and some were deported, due to Arab aggression seeking to destroy Israel just as it has been established. But the treatment of refugees changed direction, and instead of a caretaker, UNRWA became a reproduction, exacerbation and perpetuation plant of tremendous size.

There are two UN bodies dealing with refugees. High Commissioner for Refugees (UNHCR) that handles all the world’s refugees, and UNRWA, which deals only with the ones that became the Palestinian Arabs (at first they did not know that they are so. They were Arabs. Separate identity developed later). The Commissioner dealt with fifty million people. They won the first aid, and they are no longer refugees. UNRWA, however, started the way with 711 thousand, and miraculously has made them into more than five million. The Commissioner rehabilitates refugees. UNRWA fosters, multiplies and perpetuates the refugee problem.

This paradox is known to anyone who has eyes in his head. It comes from many reasons. One is the strange definition of UNRWA refugee: “They were in the territory of Palestine between June 1946 and May 1948 and lost both their homes and livelihoods as a result of the Arab – Israeli conflict.” But over time their descendants also came into the frame, and strangely enough, and contrary to the definition, also those who were not needed in the first place, and even those who became wealthy later – were still considered a refugee. Thus the number of “refugees” is rising over the years in somewhat vertiginous and strange manner.

Against this background, in recent months MK Dr. Einat Wilf worked, in cooperation with AIPAC, to influence the primary source of funding for UNRWA – the United States. The result is the “Kirk Amendment,” named after the Republican senator Mark Kirk. His amendment would require the State Department to report what is the actual number of original refugees, answering to the definition that appears in the original mandate of UNRWA. It is estimated at only 30,000.

There is something sophisticated in Kirk’s amendment, because the Amendment does not demand a cut in aid or a change in the criteria. These are reporting requirements only – A report on the number of original refugees, and a report on the number of descendants. But reports on the amendment made it clear that this entails a first step towards a more fundamental change. As following the report the question will rise – why should taxpayers pay for those who are not really refugees?

In fact, these questions have been popping up. U.S. Undersecretary of State, Thomas Nides, sent a letter to the Senate Appropriations Committee, which is urging them to vote against the amendment. He claims that the issue is particularly sensitive, the U.S. should not intervene in determining the number of refugees, and that this matter should be resolved in negotiations between Israel and the Palestinian Arabs. Embassy of Jordan in Washington has put pressure against the adoption of the amendment, and Nides notes in his letter that the amendment might create “a negative reaction, especially in Jordan.”

Nides’s request was denied. The amendment passed. Meanwhile there are no strong blast waves. And it’s a shame. It’s time to blow up the bloated balloon, of ever-swelling Palestinian refugees numbers. On the day the Palestinian “refugees” will be treated similarly to the tens of millions of other refugees in the world – will be the day when the situation will begin to improve, along with prospects for peace. Because the “refugee problem,” as the Arab side stated over and over again, “is perpetuated in order to achieve the solution of the elimination of Israel.”

The treatment so far of the problem of refugees has become the biggest obstacle to peace. It’s time for a change. The U.S. Senate took a preliminary step, limited and uncertain – A step in the right direction. Hopefully, the next steps will follow.

International norms

And more points to the attention of the Congress: By official count of UNRWA, the number of refugees in Lebanon reached early last year to 425,000. However, according to a study published by the American University of Beirut, which UNRWA itself has helped finance; it is only 260 to 280 thousands. They are immigrating and fleeing from Arab countries, because they suffer from severe apartheid in the Arab world (also according to the report). So there is no connection between the number registered and funded and the number of those still there. So the United States, which is the primary contributor, should pose the obvious question: where exactly does the money go, when there is a 57% exaggeration in the number of refugees?

And yet another fraud: under the UN Refugee Convention, Article 1 (A) 2, those who received citizenship in any country, cannot be considered a refugee. And here, according to UNRWA’s official publication, Jordan has more than two million refugees, the vast majority of whom have Jordanian nationality. So you can decrease two millions in Jordan, and another 150 thousand in Lebanon and Syria is likely in a similar situation. There the number is also an inflated. Recommendation to this effect is also found in the report filed by James Lindsey. For seven years, Lindsey served as a senior UNRWA official. After his retirement, he was a research fellow in the “Washington Institute”, where he published a comprehensive study with deep reform proposals.

And the parade goes on. UNRWA has a staff of more than 29,000 people, only two hundred of whom are not Palestinians – a great mechanism that also deals with incitement through the education system held by the organization. This is the largest agency of the United Nations. Just for comparison, UNHCR, the Commission that handles all other refugees of the world, holds a much smaller team of 7,685 employees, and handles 34 million refugees.

UNRWA – has one employee per 172 patients. In UNHCR – one employee per 4,424 patients.

UNRWA per capita budget is also more than double than the UNHCR. Considering that many of those listed are already citizens of other countries, or that the lists are inflated, as in Lebanon, then it means that a Palestinian Arab “refugee” costs the international community, particularly the U.S., far more than any other refugee in the world.

The chain of absurdities and frauds must be stopped. Uniformity in definitions and norms is necessary. The anti-Israel side argues again and again that Israel should abide by international norms – Great and just demand. This is exactly what should happen, even with the refugees – the same definitions for “who is a refugee”, and the same treatment of rescuing the really needing rather than perpetuating them as “refugees.” This will be the greatest contribution of the international community to promote peace. Senator Kirk began. Hopefully he will continue.

Ben-Dror Yemini is a journalist, a researcher and a lecturer