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October 9, 2015 3:10 pm

Report Raises Questions Over Obama’s Authority to Ignore Federal Law in Implementing Iran Nuclear Deal

avatar by Eliezer Sherman

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President Barack Obama. Photo: ZOA.org.

President Barack Obama. Photo: ZOA.org.

A Fox News report raised new questions on Friday over President Barack Obama’s ability to “selectively” break federal law in the implementation of the Iran nuclear deal.

The issue specifically rests in a provision in an ancillary document to the Joint Comprehensive Plan of Action — as the 159-page document comprising the nuclear deal between Iran and world powers is formally known — that allows the foreign subsidiaries of U.S. individuals or companies to conduct business in Iran.

According to the Fox report, this blatantly violates other federal laws prohibiting precisely these foreign subsidiaries from doing business with Iran as long as it continues to remain a designate state sponsor of terrorism, which it is, along with Syria and North Korea.

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And, actually, the very law prohibiting such business which the Obama administration has agreed to allow was proscribed by the president himself, in the Iran Threat Reduction and Syria Human Rights Act (ITRA), signed into law in 2012. The law states that what is prohibited for U.S. individuals and firms — namely, doing business with Iranian interests — is also illegal for their foreign subsidiaries.

Either the president can treat these foreign subsidies as different than their parent companies, which would violate the previous ITRA, or it could treat both the parent and subsidiary as the same, which would also violate the ITRA as long as Iran remains a designated state sponsor of terrorism.

So, for this provision of the JCPOA to be implemented, the president will have to waive federal laws he ratified in the first place, creating yet another potential legal headache for the White House over its nuclear deal with Iran and, more likely, continuing to dissuade U.S. businesses from approaching the Islamic Republic.

According to legal analysts within and without the administration speaking to Fox, because the JCPOA is an executive order and not a treaty, which was neither official nor symbolically approved by congress, it makes it much more open to legal challenges.

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  • Jonah

    To those at the top of the Islamic pyramid the destruction of Israel is not negotiable, it is an absolute. This legal technicality is just a bump in the road for his lawlessness. In their minds all roads lead to Israel and will be heavily armed with caliphate jihadists until Irael has met its demise. The earth cannot be conquered by the dragon unless Israel is destroyed. Beware of the western messianic serpent he is breathing down your neck.

  • Emanuel

    Ask any judge in the land if the “deal” provides material support to terrorists, ask any banker, economist or lawyer, ask any terrorist or anyone from the Iranian regime, or any defector, or any Persian American, this guy has turned US the greatest nation on earth into a huge joke.

  • Richard Wahl

    Like all politicians the president seams to be able to pick and choose which laws he likes and which laws to use in dealing with Iran.

  • Robert Davis

    It is evident obamama never respected the law in his whole life ande that he is supported by leftwing criminals who do not respect law either. Obanana behaves just the way all african dictators do and this is one of the many things the fools who elecrted him did not understand. Leftwing electors are mostly low class people with no brain either. An intelligent low class person has a lot of value a high class fool may have a little value too if he has learnt something but a low class fool is a disaster monger and this is the kind of people who elected Obama.

  • Lia

    I am so sorry for all the WH ‘his master’s voices’. How can they keep explaining, spinning & justifying this sort of Presidential behaviour? Must cause them sleepless nights, apart from the fact that they will never retain a shred of personal credibility. Will anybody anywhere in the world ever give any of them a job again? Poor Mrs/Miss/Ms Pelosi & Harf/Herf! Poor Messrs Earnest , Rhodes, etc. When it comes to the gist of the matter, will they all take the 5th?

  • Julian Clovelley

    Fox news huh?

    Oh well that’s marginally better than Donald Duck

  • Theodore L. Crawford

    “According to legal analysts within and without the administration speaking to Fox, because the JCPOA is an executive order and not a treaty, which was neither official nor symbolically approved by congress, it makes it much more open to legal challenges.”

    ….yet everyone treats the JCPOA as if it were engraved in stone. WAKE UP, PEOPLE! THERE’S AN “ILLEGAL” IN THE WHITE HOUSE, AND ALL HIS “EXECUTIVE ORDERS” ARE INVALID! YOU’RE PLAYING “SIMON SAYS” WITH THE DEVIL!!!

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