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Sunday, September 06, 2015


Andrew McCarthy argues that Congress should refuse to vote on President Hussein Obama's sellout to a nuclear-armed Iran because Obama has yet to fulfill the conditions set out in the Corker-Cardin law (Hat Tip: Sunlight).
The Corker legislation — formally known as the Iran Nuclear Agreement Review Act of 2015 — is crystal clear. In its very first section, the act requires the president to transmit to Congress “the agreement. . . . including all related materials and annexes.” It is too late to do that now: the act dictates that it was to have been done “not later than five days after reaching the agreement” — meaning July 19, since the agreement was finalized on July 14. 
Underscoring the mandate that all relevant understandings in the Iran deal — including, of course, the essential understandings — must be provided to lawmakers, the act explicitly spells out a definition of the “Agreement” in subsection (h)(1). Under it, this is what the administration was required to give Congress over six weeks ago in order to trigger the afore-described Corker review process: 
The term ‘agreement’ means an agreement related to the nuclear program of Iran . . . regardless of the form it takes, . . . including any joint comprehensive plan of action entered into or made between Iran and any other parties, and any additional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future. 
The act could not be more emphatic: To get the advantage of the favorable Corker formula that allows him to lift the anti-nuclear sanctions with only one-third congressional support, the president was required to supply Congress with every scintilla of information regarding verification. In particular, the act expressly demands disclosure of the terms pertinent to whether the IAEA is capable of executing aggressive inspections in Iran and has a plausible, enforceable plan to do so. 
That is why, in conjunction with providing Congress the entire agreement, including any and all “side deals” between Iran and the IAEA, the act mandates that Secretary Kerry provide a “verification assessment report.” In it, the Obama administration must demonstrate not only how it (i) “will be able to verify that Iran is complying with its obligations and commitments” and (ii) will ensure the “adequacy of the safeguards and other control mechanisms” to ensure that Iran cannot “further any nuclear-related military or nuclear explosive purpose.” The administration must further explain: 
the capacity and capability of the International Atomic Energy Agency to effectively implement the verification regime required by or related to the agreement, including whether the International Atomic Energy Agency will have sufficient access to investigate suspicious sites or allegations of covert nuclear-related activities and whether it has the required funding, manpower, and authority to undertake the verification regime required by or related to the agreement. 
Nor is that all. In making this report, the administration is required to rebut a presumption, based on solid experience, that Iran will cheat. Specifically, it is to be presumed that the jihadist regime will “use all measures not expressly prohibited by the agreement to conceal activities that violate its obligations,” and that it will “alter or deviate from standard practices in order to impede efforts that verify that Iran is complying with those obligations and commitments.”
Understand: It is indisputable that (a) the administration has not provided the Iran–IAEA side deal; (b) the IAEA is not up to the inspection task; (c) the Iranian regime is drastically restricting the IAEA’s access to suspect sites, even to the point of insisting that it will “self-inspect” by providing its own site samples rather than permitting IAEA physical seizures, a point on which Obama and the IAEA have remarkably acquiesced; and (d) Obama claims the Iranian regime can be trusted despite his deal’s laughably inadequate verification standards. To the contrary, the act dictates that (a) the administration must provide the side deal, (b) the IAEA must be capable of doing credible inspections; (c) the IAEA must be permitted by Iran to do credible inspections; and (d) the Iranian regime must not be trusted and will presumptively cheat. 
Do you sense something of a disconnect between what Obama has proposed and what the act requires?
Read the whole thing. McCarthy goes on to explain why the Corker-Cardin bill was never intended to cover an agreement that cancels the non-nuclear sanctions on Iran, and why this is really all about the next President's ability to cancel the deal.

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