The question is not whether President Trump should decertify President Obama’s farcical Iran nuclear deal. Of course he should. Indeed, he must: Even if we set common sense to the side, federal law requires it.
Instead, there are two questions.
1. Why has President Trump recertified the deal, not once but twice?
This is shameful. Remember, Trump insisted throughout the 2016 campaign that the deal — formally known as the Joint Comprehensive Plan of Action (JCPOA) — was the worst and most dangerous in the history of deals. Just two weeks ago, addressing the U.N. General Assembly, he described it as an “embarrassment” and “one of the worst and most one-sided transactions the United States has ever entered into.” Yet, under the statute that calls for presidential findings every 90 days, the president, in recertifying, represented to Congress and the American people (a) that Iran is “transparently, verifiably, and fully implementing the agreement” and (b) that continuing the JCPOA is “vital to the national security interests of the United States.”
These assertions insult the intelligence.
The U.N.’s International Atomic Energy Agency (IAEA) is charged with what laughably passes for the “monitoring” of the JCPOA and related “side agreements,” which the Obama administration shielded from congressional inspection. Last week, the IAEA fessed up: The agency has been unable to verify that Tehran is implementing the deal. The regime has barred inspectors from inspecting military sites. Consequently, as the invaluable analyst Omri Ceren points out, the IAEA has no way of verifying that Iran has refrained from “activities which could contribute to the design and development of a nuclear explosive device” (as required by the JCPOA’s Annex 1, Section T — see here, at p. 27).
This admission is not news. It just makes the obvious — the inevitable — explicit. It has been widely known from the first that the JCPOA is not verifiable, despite the Obama administration’s guarantees that it would be. It has long been known, moreover, that Iran is not in compliance with many of the JCPOA’s terms. That, too, illustrates the duplicity by which Obama sought his foreign-policy legacy monument: To get the deal approved by Congress — or, at least, to get it not disapproved under the cockamamie Corker-Cardin legislation — the prior administration solemnly pledged to hold the mullahs to the letter (and, of course, that this could be done verifiably). Obama officials further vowed that sanctions would “snap back” if Iran failed to comply. Once the deal got its congressional stamp of non-disapproval, though, we learned that Obama was quietly waiving violations left and right, and had even agreed to limits on what the IAEA could report — the better to conceal Iran’s breaches.
Bottom line: Iran has never, not for a moment, been “transparently, verifiably, and fully implementing” the JCPOA. The Obama administration knew this all along — and knew it would go this way. The Trump State Department, which is chockablock with Obama holdovers and has heavily lobbied the new president to stand by the deal, has known it from Day One.
And what about that second representation: vital to the national-security interests of the United States?
Seriously? With a straight face?
Quite apart from violating the terms of the JCPOA and refusing to permit verifiable inspections from the start, Iran continues to be the world’s No. 1 sponsor of anti-American terrorism, backing Hezbollah, Hamas, Palestinian Islamic Jihad, the Taliban, a network of Iraqi cells, and the Houthis in Yemen, to cite just the best-known examples. That’s not just me talking; the regime continues to be one of just three countries on the U.S. government’s official terrorist list (the others are Syria, which is Iran’s cat’s-paw, and Sudan, which has longstanding ties to the regime in Tehran).
Moreover, Iran maintains its aggressive program of ballistic-missile development in defiance of Security Council resolutions. In fact, less than three months ago, Trump imposed new sanctions on regime officials and abettors. Iran is exporting arms and personnel to fortify Assad’s barbarism in Syria. It continues to threaten Israel’s destruction — in fact, two of the ballistic missiles it has test-fired were inscribed in Hebrew “Israel must be wiped out.” The mullahs are substantially responsible for the massive Hezbollah build-up (including an arsenal estimated at well over 100,000 missiles) that raises the distinct possibility of a catastrophic war. And, still proud to be the “Death to America” regime, Iran continues to abduct American hostages and menace American naval vessels.