The Iran Deal and the Rule of Law
Has President Donald Trump just shown the world that America’s word is worthless ?
That’s one of the chief arguments put forward by opponents of Trump’s decision to withdraw the United States from the Joint Comprehensive Plan of Action (JCPOA), a.k.a. the Iran nuclear deal. The president’s dismissal of the concerns of America’s allies and partners in the PK5+1 group that negotiated the deal is being criticized as epitomizing an “America First” approach in which friends, as well as foes, can no longer count on the U.S. New York Times columnist Roger Cohen argued that after Trump’s decision, the world may come to believe “America’s word is worthless.” His colleague Nikolas Kristof described the move as a form of “vandalism” that demonstrates a similar lack of respect for both alliances and strategic continuity from one administration to the next.
The problem with this argument has more to do with the events of 2015 than with the current debate on the merits of Trump’s decision. Had the Obama administration passed the Iran deal as a treaty, giving it not only greater legitimacy but the force of law, it would be possible to argue that Trump indeed trashed the good name of the United States by going back on the nation’s word. Instead, in deliberately bypassing the constitutional process for ratifying a pact with a foreign power, President Obama and Secretary of State John Kerry assumed that once the deal was in place, no successor would dare try to overturn it.
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Though the document that contained the final version of the JCPOA was never actually signed by the Iranians , it effectively constituted the most significant foreign treaty negotiated by the United States since the end of the Cold War. Yet Obama and Kerry had no intention of following the process set up by the Constitution for ratifying treaties. Instead, they classified the deal as merely an understanding between the United States and other governments.
T he excuse for doing so, as illogical as it was false, was eventually provided by Kerry, at a House Committee on Foreign Affairs hearing: “Well congressman, I spent quite a few years trying to get a lot of treaties through the United States Senate, and it has become physically impossible. That’s why [we bypassed the Senate]. Because you can’t pass a treaty anymore.”
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Trump’s decision to withdraw from the JCPOA can’t have shown the world that America’s word is worthless, because the JCPOA never represented America’s word to begin with .
Obama’s brazen refusal to submit the JCPOA to the Senate gave the lie to the notion that America’s word was at stake in sticking to the deal. But in one of the cleverest maneuvers of his eight years in office, he was still able to procure a fig leaf of congressional cover for the agreement, with crucial help from Republicans who were otherwise publicly opposed to his scheme.
Obama was making foreign policy with the same arrogant contempt for the constitutional separation of powers that he had shown in making immigration policy. The likely implementation of the Iran deal without Senate approval was no different from Obama’s executive orders that granted amnesty to millions of illegal immigrants in full disregard of Congress’s refusal to pass the laws he wanted. The difference in this case was the foolish desperation of Republicans to be granted the appearance of having a say in the matter.
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Consensus on any issue is difficult to obtain in the hyper-partisan atmosphere of contemporary Washington. But it is not impossible if there is general agreement on an issue involving national security. Had Kerry brought back from Vienna a treaty that fulfilled Obama’s 2012 campaign promises about ending, rather than merely legalizing and postponing, the Iranian nuclear program , it would have garnered considerable support from Republicans, as well as from allies like Israel and Saudi Arabia that are in the crosshairs of the Iranian regime. Instead, he brought back a treaty that really was impossible to pass through the Senate.
T hus, Trump’s decision to withdraw from the JCPOA can’t have shown the world that America’s word is worthless, because the JCPOA never represented America’s word to begin with. If Obama’s acolytes are now frustrated that his signature foreign-policy “achievement” has been undone with the stroke of a pen, they have no one to blame but their hero himself.
https://www.msn.com/en-us/news/opinion/the-iran-deal-and-the-rule-of-law/ar-AAx4VjR?OCID=HPDHP
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The "Deal" that NEVER WAS !
It had NO Guts..... and it defiantly had NO Glory !
That's what will happen when a malcontent who got a purple heart for some paper cuts, and an unqualified inexperienced dude, chosen only for his hue, attempt to make world policy.
Then why did you vote for Trump?????????????????
"Trump’s decision to withdraw from the JCPOA can’t have shown the world that America’s word is worthless, because the JCPOA never represented America’s word to begin with."
Though the document that contained the final version of the JCPOA was never actually signed by the Iranians.
Trump's unilateral withdrawal from the JCPOA proved to the world that the word of a Trump led America is worthless.
Trump is aware of what a dick move he made which is why he kept asking his cabinet members, "Can I break it yet?", and they kept telling him "No Mr. President, because Iran is keeping their word which means that if you break yours first you'll look like a dick while dishonoring America's world standing".
So Trump just fired the folk that tried to defend Americas honor then went out and got him some "yes master" butt kissers who finally gave him the answer he wanted to hear.
"Can I break it yet?" "Sure boss, burn it all down and prove that the word of the Iranians has more worth than the word of a Trump led America."
Executive agreement - international law
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There is only honor in actual "Treaties" !
This "Iran Deal" of Obamas and Kerry's was nothing more than a non-binding pinky swear !
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I'm not sure President Trump agrees with you.
If he thought your view of the JCPOA had any worth he would have gotten out January 21, 2017 instead of sticking to it for 16 months.
Instead he waited until he could get the just the right combination of Sycophants around him, stroking his tiny hands and give him the courage to, once again, embarrass America on the world stage.
He had other "Important" things to deal with. NOW, he dealt with this Playground piece of paper. It's DONE !
You do mean the 145 days at his properties of which 113 were golf days, I guess we all have different concepts of what is important.
I meant and referenced nothing of the sort.
Are you posting on the WRONG article again ?
NK is poised to enter a "deal" and we know from history that their deals are subject to being dumped whenever they take a notion, trump has the same credibility now.
There was NO BINDING DEAL with Iran. John Kerry said as much.
Perhaps and I will admit I do not know the details, but for a "non binding" agreement it seems that everyone took it seriously and now that trump has withdrawn he wants them to still abide by its tenants, typically twisted.
John Kerry said Congress didn't have the authority to change it, as it was just an agreement (wink,wink) between executives of countries. Of course, Obama and Kerry Bypassed congress to get this Pinky Swear done.
It can be revoked by the next president because it was and still is a threat to our national security, and that of other nations in that region. It is non binding and wasn't being adhered to by Iran.
Wonder why folks are so irate over the FACT that Iran didn't/never signed or agreed to the "deal" and Trump is just vacating a worthless document?
It's Trump.
So you think something of this significance should be an agreement instead of a treaty which requires the Senate to be involved. When Trump has a problem with the Liberal Judges in doing his Constitutional duties or rights for being the top of the Executive Branch and you think Obama can do this without anyone other than him making the decision?
To quote the Obama administration:
The Joint Comprehensive Plan of Action (JCPOA) is not a treaty or an executive agreement, and is not a signed document.