After the Senate’s filibuster of the Nuclear Iran Deal on Thursday, Sept. 10, perhaps the only remaining way for Congressional opponents of the Nuclear Iran Deal to block the measure is if Speaker of the House John Boehner (R-OH) authorizes the House of Representatives to sue President Obama for failing to comply with the Iran Nuclear Agreement Review Act (Corker-Cardin).
That avenue is wide open, at the moment, thanks to a decision by a Federal District Court in Washington, D.C. issued on Wednesday, Sept. 8.
The court in House of Representatives v. Burwell found that the House has standing, that is, the right, to bring a lawsuit against the executive branch of the U.S. government. The issue in the Burwell case is the Affordable Care Act (Obamacare).
The legal basis for the potential lawsuit would be the failure of the White House to comply with the requirements laid out in Corker-Cardin. Under that legislation passed earlier this year, the White House had to provide Congress with all documents relating to the Nuclear Iran Deal, whether codicils, side agreements, or any other agreements bearing on the issue, with or between the parties.
As was discovered this summer, there are two secret side agreements dealing with Iran’s nuclear program, the only parties to which are Iran and the International Atomic Energy Agency.
The administration has never provided Congress with any documents relating to those side agreements. As was revealed yesterday in the JewishPress.com, the administration claimed, with a straight face, that it has provided Congress with all the documentation it has. The administration was able to make that claim because not one member of the U.S. government has a single piece of paper or digital notation regarding those side deals – those were all left with the Iranian negotiators and the members of the International Atomic Energy Agency.
The Iranians physically threatened to harm IAEA members if information about the secret side deals were shared with Americans, the Washington Free Beacon noted, quoting the Iranian Fars news service.
Of course the administration knew that Corker-Cardin required it to produce documentation regarding the side deals. Perhaps for this reason, first the administration tried to hide the fact that those side deals existed.
But the existence of those side agreements was discovered anyway, by Sen. Tom Cotton (R-AK) and Rep. Mike Pompeo (R-KS), two U.S. legislators trying to represent the interests of America, who traveled to Vienna to meet with IAEA officials in July, and who were told about the side agreements then.
Once the existence of those side deals became known, the administration officials still hid critical information about them – even to themselves, if they can be believed – although those officials had to know they were violating Corker-Cardin all along by allowing every jot of documentation to remain beyond U.S. borders.
Think about the growing mound of lies and obstructions surrounding Messr.s Obama and Kerry’s Nuclear Iran Deal. What is in it that they are so convinced Americans would revolt if the truth about it were known?
Which brings Congress, finally, at this very late date, to the possibility of litigation.
This only works if the House of Representatives, as an institution, brings the case, and that requires Boehner’s approval. Although Boehner has been late to the party, he has now become alive to the need for a vigorous legal attack on the flawed legislation itself and on the administration’s abrogation of its obligations under Corker-Cardin.
Perhaps this newfound interest stems from very serious challenges to his leadership. Those challenges are coming from Republicans on his right who have been the strongest opponents to the treaty as a threat both to the United States, as well as to Israel and the rest of the civilized world.
If Boehner has finally awakened and is prepared to use all the tools at his disposal as leader of the Republican majority in the House – which has strongly and consistently opposed this capitulatory deal – something historic may happen.
Lori Lowenthal Marcus