Check this out [hat tip: commenter “sdferr”]:
President Obama didn’t require Iranian leaders to sign the nuclear deal that his team negotiated with the regime, and the deal is not “legally binding,” his administration acknowledged in a letter to Representative Mike Pompeo (R., Kan.) obtained by National Review.
“The Joint Comprehensive Plan of Action (JCPOA) is not a treaty or an executive agreement, and is not a signed document,” wrote Julia Frifield, the State Department assistant secretary for legislative affairs, in the November 19 letter.
Frifield wrote the letter in response to a letter Pompeo sent Secretary of State John Kerry, in which he observed that the deal the president had submitted to Congress was unsigned and wondered if the administration had given lawmakers the final agreement. Frifield’s response emphasizes that Congress did receive the final version of the deal. But by characterizing the JCPOA as a set of “political commitments” rather than a more formal agreement, it is sure to heighten congressional concerns that Iran might violate the deal’s terms.
As we parents used to say while watching our sons’ Little League games: good eye, Mike Pompeo, good eye!
I guess the administration thought no one would ever notice. And not too many did—for which I can’t blame them, because the audacity of this move is a bit astounding, even for Obama and Kerry.
So, what is the highly vaunted Iran deal? We already knew it was not a treaty; that would have required Congressional approval. We kind of thought it was an executive agreement, didn’t we? And it is an executive agreement—it’s just that all the “agreeing” seems to have been on the Obama side. We also already knew that, as an executive agreement, a subsequent president could change it or do away with it if he/she so desired, although that might be awkward. And we certainly knew that, even if signed by Iran (which I would imagine most people thought it had been), Iran would breach it without a moment’s hesitation if it wanted to, and no international tribunal saying it was “legally binding” would be able to enforce it.
It sounds as though Pompeo was on the ball with this one:
“The success of the JCPOA will depend not on whether it is legally binding or signed, but rather on the extensive verification measures we have put in place, as well as Iran’s understanding that we have the capacity to re-impose ”” and ramp up ”” our sanctions if Iran does not meet its commitments,” Frifield wrote to Pompeo.
Iranian President Hassan Rouhani discouraged his nation’s parliament from voting on the nuclear deal in order to avoid placing legal burdens on the regime. “If the Joint Comprehensive Plan of Action is sent to [and passed by] parliament, it will create an obligation for the government. It will mean the president, who has not signed it so far, will have to sign it,” Rouhani said in August. “Why should we place an unnecessary legal restriction on the Iranian people?”
I doubt that Iran thinks we (and Europe) are prepared to re-impose sanctions if they broach the deal’s conditions. And once the money has been freed under the deal, they’ve gotten quite a bit of what they wanted anyway.
