Iran Sanctions Update: Have Senators Actually Read This Bill?
Sen. Dianne Feinstein: "We cannot let Israel determine when and where the United States goes to war."
Recently I argued that a dozen-plus Senate Democrats were doing something strange and reckless in signing on with most Republicans in an effort that would abort a potential deal to limit Iran's nuclear ambitions.
As a reminder: The U.S. government, along with those of France, Germany, the U.K., China, and Russia, all think this years-in-the-making deal is worth exploring. The governments of Saudi Arabia and Israel manifestly do not. Nearly all Senate Republicans and a significant number of Democratic allies are effectively saying: the Saudis and Israelis see things more clearly. We stand with their judgment—not that of our own government, the European mainstays, and even the Russians and Chinese.
Developments since then:
1) From Peter Beinart, in Haaretz, an item based on an important technical analysis of the pro-sanctions bill. Senators sponsoring the bill, Beinart says, claim that they are only trying to "support" the diplomatic process. That proves mainly that they haven't read, or don't understand, what they're signing onto, because in several crucial ways the bill's requirements are directly contrary to what the U.S./U.K./France/Germany/Russia/China have already agreed to with Iran.
Go to the technical analysis, by Edward Levine, for the point-by-point parsing. And you can see the full text of the bill itself here. But the two most obvious deal-breaker implications are:
(a) the requirement that, in order to lift sanctions, Obama must "certify" a number of extra things about Iran that are not germane to the agreement and are simply impossible to prove. For instance, Obama must demonstrate that "Iran has not directly, or through a proxy, supported, financed, planned, or otherwise carried out an act of terrorism against the United States or United States persons or property anywhere in the world," with no time limit on how far back (or forward) in time this certification is supposed to run. And:
(b) several clauses and references that apparently support the "zero enrichment" demand laid down by Benjamin Netanyahu but explicitly not endorsed by the U.S. government. These clauses, with repeated requirements that Iran "terminate" or "dismantle" its "illicit nuclear programs," are ambiguous but can (and presumably would) be read as applying to the entirety of Iran's nuclear infrastructure, peaceful or otherwise. This could mean a demand that Iran give up the right not just to weapons-grade uranium but also to low-level enrichment suitable for power plants and other non-military use.
For the background of the "zero enrichment" policy, see this 2009 paper by Matthew Bunn of Harvard's Belfer Center. He argues (as do many other people who have examined the issue) that the zero-option is theoretically appealing but in reality is completely unacceptable to Iran. Thus its inclusion in any set of "negotiating" points is a way to ensure that the negotiations fail. As Bunn puts it, "Insisting on zero will mean no agreement, leaving the world with the risks of acquiescence [to an Iranian nuclear-weapons program] or military strikes."
On the basis of logic like this, the United States and its partners have already agreed that Iran should be allowed to retain low-level enrichment capabilities. Also on this point, see The Washington Monthly, and a former Israeli intelligence chief on why low-level enrichment is reasonable for Iran. Plus President Obama's own comments at Brookings last month, on why any agreement will necessarily allow some limited enrichment. This is Obama speaking:
Now, you’ll hear arguments, including potentially from the Prime Minister [Netanyahu], that say we can’t accept any enrichment on Iranian soil. Period. Full stop. End of conversation...
One can envision an ideal world in which Iran said, we’ll destroy every element and facility and you name it, it’s all gone. I can envision a world in which Congress passed every one of my bills that I put forward. (Laughter.) I mean, there are a lot of things that I can envision that would be wonderful. (Laughter.)
But precisely because we don’t trust the nature of the Iranian regime, I think that we have to be more realistic and ask ourselves, what puts us in a strong position to assure ourselves that Iran is not having a nuclear weapon and that we are protected? What is required to accomplish that, and how does that compare to other options that we might take?
And it is my strong belief that we can envision a end state that gives us an assurance that even if they have some modest enrichment capability, it is so constrained and the inspections are so intrusive that they, as a practical matter, do not have breakout capacity.
To wrap this point up: The U.S. and its partners have already declared that they are not asking for the "zero option." That's the premise for the entire deal, and it is one that the Senate bill appears designed to reverse. It would be as if, in the middle of the SALT or START negotiations with the old Soviet Union, the Congress passed a bill requiring that any final agreement include the elimination of the full Soviet arsenal.
2) A speech on Tuesday by Senator Dianne Feinstein of California, on another important and underpublicized clause in the sanctions bill. It's 501(2) (b) (5), which says it is the "sense of the Congress" that if Israel decides to strike Iran, the U.S. presumptively should back the effort:
If the Government of Israel is compelled to take military action in legitimate self-defense against Iran's nuclear weapon program, the United States Government should stand with Israel and provide, in accordance with the law of the United States and the constitutional responsibility of Congress to authorize the use of military force, diplomatic, military, and economic support to the Government of Israel in its defense of its territory, people, and existence;
The "in accordance with the laws..." passage indicates that an Israeli decision would not technically constitute a U.S. declaration of war. It is the main distinction between this clause and a "key point" on AIPAC's current policy-agenda site, which reads:
3. America Must Stand with Israel.
The United States must back Israel if it feels compelled in its own legitimate self-defense to take military action against Iran’s nuclear infrastructure.
But Feinstein, who supported the Iraq war, argued that such before-the-fact commitments unwisely limit U.S. options and could make conflict more likely. Her whole speech is worth reading, and you can see the C-Span video above. Here is the conclusion it built to:
I deeply believe that a vote for this legislation will cause negotiations to collapse. The United States, not Iran, then becomes the party that risks fracturing the international coalition that has enabled our sanctions to succeed in the first place....
Let me acknowledge Israel's real, well-founded concerns that a nuclear-armed Iran would threaten its very existence. I don't disagree with that. I agree with it, but they are not there yet.
While I recognize and share Israel's concern, we cannot let Israel determine when and where the United States goes to war. By stating that the United States should provide military support to Israel in a formal resolution should it attack Iran, I fear that is how this bill is going to be interpreted.
3) From a reader:
Here's my problem with your argument: it's incomplete. How can a Democrat, or anyone, evaluate whether the agreement should be given a chance without seeing the agreement? Yesterday we had two separate reports that, if true, would mean the agreement has *already* failed: 1) the Iranian's report of the terms (dubious, but the Administration continues to be coy and not release the main agreement or the reported side agreement) and 2) an alleged Russia-Iran deal that would obliterate the 6-month Agreement's limitations on sanctions.
Personally I too am for Congress holding off, but I'm put off by the tone of the "pro-Deal" crowd that the legislature needs to blindly trust Obama here. Isn't that what we did with George W. Bush? (The distinction between Colin Powell's misleading portfolio on WMDs and Kerry's thusfar blank portfolio (or heavily redacted portfolio) is too subtle to have meaning here).
The point is not that Congress must embrace a deal without knowing its full details. That will come later, when—and if—final terms are agreed to. Rather the point is that Congress should not guarantee the failure of the negotiations before they've run their course, which is what the sanctions bill would do.
If I had a senator, I would ask him or her to read this bill carefully, reflect on its destructive implications, and reflect as well, as Dianne Feinstein did in her speech, on the damage done by blank-check security legislation (from AUMF to the Patriot Act) over the past dozen-plus years. Then I would ask my hypothetical senators to vote 'No.'
UPDATE: Anthony Cordesman has a valuable update on the CSIS site, in which he discusses the pluses and minuses of the administration playing good cop and Congress playing bad cop toward Iran. Really worth reading, but a few highlights. First, on U.S. aims:
The United States now has every incentive to leverage the success of existing sanctions, take full advantage of the current climate, and to try to make the current negotiations work. They are by far the safest way to remove an Iranian nuclear threat, and it is critical to remember what the threat really is: The real objective is to deny Iran military capability, not to try to deny it technology it has already acquired.
On the strength of the emerging potential deal:
The P5+1 and the United States have not yet made fully public all of the terms of the progress they made in defining and implementing the terms of the interim agreement ...
At least to date, however, the limits on Iran in terms of permitted activities, improved transparency, and increased inspection would make even the most covert production, testing, and deployment of nuclear weapons extraordinarily difficult. Iran might quietly get to the point of a crude test of a gun or implosion device, but this test could scarcely then remain covert...
It is extraordinarily difficult to believe Iran could actually deploy reliable nuclear missile warheads and bombs without being detected
On the Congress's role as hard-line bad cop:
The key to success, however, will be for the “bad cop” to avoid pushing to the point of failure. The best way to move forward is to do what the Senate Majority Leader, Senator Harry Reid, evidently has already proposed to do: keep the option of new sanctions legislation constantly open, but not confront Iran and other nations by passing such legislation if and when the negotiations fail, or Iran is shown to violate an agreement.
Defer a vote on new sanctions until the ongoing efforts to fully define and create enforcement provisions for interim agreement effort fail or Iran violates them. And if Iran does move forward and complies with the interim agreement – defer a sanctions vote until it is clear whether Iran agrees to and complies with a permanent agreement.
Overall: This bill is a reckless and destructive gesture, and Democrats from Cory Booker to Mark Warner to Michael Bennet to Richard Blumenthal should give it a careful look and back off.