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September 7, 2015 12:48 pm

Lawmaker Says Obama Can’t Legally Lift Sanctions Until Congress Receives IAEA-Iran Side Deals

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Congressman Mike Pompeo (R-KY). Photo:  Facebook.

Congressman Mike Pompeo (R-KY). Photo: Facebook.

President Barack Obama does not have the power to lift sanctions against Iran until Congress receives the side arrangements between the International Atomic Energy Agency (IAEA) and Iran, argued Rep. Mike Pompeo (R-KY) and constitutional litigator David B. Rivkin Jr., in an op-ed piece for Washington Post on Monday.

Though a September 17 date has been set for Congress to vote on the Joint Comprehensive Plan of Action (JCPOA), the 60-day clock for congressional review of the Obama administration’s nuclear deal actually has yet to begin, the pair said, because the White House failed to provide lawmakers with crucial side agreements between the IAEA and Iran.

The Iran Nuclear Agreement Review Act, which Obama signed in May, defines the agreement to be reviewed by Congress as not just the JCPOA, but also “any additional materials related thereto, including . . . 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.”

Pompeo and Rivkin, who is also a a senior fellow at the Washington, D.C. think tank, Foundation for the Defense of Democracies — that has focused heavily on the Iran deal since its announcement in July — wrote that failing to provide lawmakers with this agreement legally prevents the president from waiving or limiting sanctions on Iran. This could create legal difficulties for the Obama administration once the deal is adopted (in October) and then most likely implemented early next year.

The two called on Congress to confront the president over his failure to follow the legislative protocol he enacted. They called for a resolution declaring the president has not complied with his obligations under the act, and is therefore unable to lift sanctions against Iran.

National Security Adviser Susan Rice said late July, when the side agreement leaked, that this separate document was “secret,” but that the White House was aware of its contents and would share them with lawmakers in closed-door settings.

Pompeo, who has been leading the calls for the Obama administration to release the IAEA-Iran agreements to the public, noted in July the existence of two such side deals — one regarding weapons-related activity at the Parchin military base, where Iran may have tested detonation devices; and the other a road map for solving outstanding concerns over the possible military dimensions of Iran’s nuclear program, which have vexed the international community for more than a decade.

The former agreement concerning Parchin caused a stir when the Associated Press released a document showing that Iran would be able to provide its own evidence and environmental samples to the IAEA.

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  • Mike

    Since when is the president not the president. This is not a ceremonial position. Also we know the Major Media conglomerates and Republicans are heavily infiltrated by the Zionists or Zionist money.

    So the BS Bush fed the world about WMD’s in Iraq is the same act Benny is doing. Epic liars. Benny’s position is completely unsupportable. Those who buy into the nonsense presented are victims of the the propaganda.

  • Reform School

    Any resemblance between the new President of the United States and the new Sheriff for the Town and County of Rock Ridge is purely coincidental. Any resemblance between the new Congress and the Waco Kid is ridiculous, but funnier.

  • Lily Teperow

    I think this congress and this senate will let Obama do what Obama wants

  • Joseph Feld

    Very good point! How do we know how many secret agreements have been kept from Congress? Iran certainly will not disclose such information.

  • Peter Joffe

    How is it possible that in the greatest ‘democracy’ on earth, their ‘president’, Obama, can act like a dictator and impose his will on the people? A leader should ‘lead’ and not dictate or rule. I wonder if the fact that Osama bin Laden was a Sunni Muslim enabled Obama to authorize the ‘hit’ on him as it is clear that Obama is a Shiite Muslim??? There is no doubt in many minds that this so called ‘deal’ with Iran is a religiously motivated “deal” that suites no one other than Shiite Muslims in general and Iran in particular.

    • Mike

      Sorry Zionists represent only a very tiny portion of the people. As the truth is learned the initial propaganda wins will erode. Next election those who vote ‘No’ will be marked men.

    • Travis

      typical Obama c@cksucker response


    Will it be necessary to involve SCOTUS to force the issue?
    And, if so, will we once again see SCOTUS redefine the meaning of words and agreements to complete the task of compromising our democratic form of government?

  • marlene

    Meanwhile, states are instituting their own sanctions. So, hopefully, this will remain stalled until obama’s gone.

  • Theodore Crawford

    I pray to The G_d Of Heaven And Earth that Congressman Pompeo is right, in the face of the seemingly irresistible executive overreach Obama has exercised in the past. I’m probably overstating the obvious when I point out that said overreach could not be accomplished without the assent by default of the US Congress, who may plausibly grant him the further extended overreach to once again “get his way”.

    G_d Help Us!

  • nelson marans

    Interesting ploy but I doubt that it will work, considering an Obama Department of Justice and an array of liberal court judges

  • Mickey Oberman

    Do you really think Obama cares one iota about the law?
    If he did he never would have run for president.

    Sharia law, perhaps.
    Common law, not a chance.

  • Robert Gutman

    This ought to work in a rational world. But the administration will ignore the demand; and if congress tries to sue, very likely the court will refuse to hear the case claiming that is only “political”, which of course is not true. It is about law