Photo Credit: U.S. gov't
U.S. House Speaker John Boehner

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, 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.


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Lori Lowenthal Marcus is a contributor to the A graduate of Harvard Law School, she previously practiced First Amendment law and taught in Philadelphia-area graduate and law schools. You can reach her by email:


  1. Congressional Record, V. 152, Pt. 11, July 13, 2006 to July 24 2006
    The President’s statement is if you are a terrorist, if you harbor terrorists, if you fund terrorists, if you support terrorists, you are a terrorist.
    That means Obama and all the officials that support the terrorist nation on Iran should be labled and treated as terrorists

  2. Our "leaders" don't seem to have the ability or will (or intestinal fortitude) to do what is necessary it seems. This so-called deal is a major item which may well affect the entire world adversely, and there are many more things that aren't being taken care of in patriotic fashion.

  3. This is the most worthless and corrupt Congress in all our WORLD history. They'd do anything for a buck $$. IMO they are back-stabbing Israel as much as they protest that Obama has done. They aren't one bit better than he is…!!! Israel has the most to lose in this "insanity" of Nukes to a country that has hates the USA for decades. Obama is nothing less than a Muzlim himself so naturally he wants those winds of war to change as he said in his he can turn to the (his people) Muzlims. He has NO ONE FOOLED..and esp not Benjamin Netanyahu. We should be so fortunate to have him as our leader. This will pass simply because there is money $$$$ to be had/made. The US is not the only country involved in this little charade' of terrorism. Google it…u will see. There are so many underhanded dealings going on with this deal it would even baffle Albert Einstein's brilliant mind. OUR CONGRESS ARE dif' that those of Baltimore or Ferguson…just more sneaky with it…

  4. They should treat it like a treaty and vote for the treatys aproval which would then require 60+ votes to stop it instead of voting for non-support of the 'bill' which reverses it to needing 60 votes to stop it.

    This is an area where Congress has the power and does not need to wait for the courts to act or not. . .
    We elected over 500 congress men and women to make decisions take action. We did not elect them to pass the decision off to 1 judge.

    Thanks Corker for making a real mess our of what we are voting for.

  5. Of course the Congress could block this terrible iran deal which will be the start of a nuclear war in the area or even most probably world wide considering the way the West is turning out leftwing. The latter is only able to bring about disasters and is totally unable to fix anything.

  6. Congress has lost its role as described in the three branches of government – America is ruled under an Oligarchy and will be until January 2017. God willing – America might regain her role she had prior to 2009 – and be a light unto the world again. We can always hope.

  7. Republicans are as corrupt as the Democrats. Remember when they campaigned that if we put them into office, they would stop Obamacare and illegal immigration. We voted them in and they did neither. Can you imagine if Reid was the majority leader and he wanted the Nuke deal stopped. And then the republicans filibustered like the Dems just did. He would be all over national television saying the Repubs sold the country to the terrorists and blocked a vote on the deal. 75% of the country is against the deal and where is McConnell? No where to be seen. He is useless and complicit in allowing this deal to go through. Until one of the parties decides to actually represent the people and not their own pockets, we will continue the downhill slide this country is on.

  8. Wayne Rockman, you do not have to have any legitimate reason to file articles of impeachment, but you do have to have legitimate reasons to remove him from office! So far the repubs have not and will never initiate articles of impeachment because hating black people is not a legal reason, nor is crying because you cannot get any of your insane laws passed, are not legal reasons and if they thought they had a legal reason they would. On the other hand I do believe that every single repub who signed the cotton letter advising Iran not to agree to anything President Obama agreed to in the nucear pact is a serious act of treason and if the Democrats wanted to fight back that is their tool, furthermore, shutting down the government is also a serious act of sabotage and every single repub who voted to shut down the government is guilty if that, but I do not hear you yelling about that!

  9. Bob McMahan If any republican was working in the national interest than we would have had jobs bills and the rich would be paying their fair share of the taxes, EXXON/Mobil would actually be paying taxes on their income of tens of billions of dollars instead of getting tax credits as would GE, also corporation who hide money overseas would be force to bring the money back into the US so it can be taxed. Corporations that break the law would see actual corporate exactutivs going to prison instead of simply paying fines which actually do not cost the corporaation and money, yup republicans are working hard in the national interest!

  10. Christy Frey Nickle – you do not have a clue as to what you are talking about! If the current US is not the light of the world then why are people still trying, in record numbers, to get here? The three branches of government still is the rule, but the congress and senate under repub leadership is seriously trying to take power away from the Presiedent! and the supreme court is seriously flawed when they say corporations are people and can contribute as much money as they want even after the congress limited the amount of money that corporations and individuals can contribute.

  11. Sorry Ed. Not a republican. And your right. I didn't tell the 100% truth. As of today, 79% of the country is against the deal. Not 75%. Bottom line with however you feel about the deal is, the people are not being represented by their elected officials. Whatever party they are in.

  12. Some of you here seem to be saying that the Republicans are as bad as, or worse, than the democrats due to their failure in preventing Obama and his democrat co-conspirators from destroying the country. While I will agree certain folks from the Republican leadership are doing nowhere near what needs to done nor what they said they would do, to stop this seditious administration, but to say they are no better, perhaps even worse, for not preventing the criminal actions of this administration is akin to saying the police share more guilt than the criminals in every case in which they are unable to prevent a crime.
    I think you can see that that is a ludicrous statement. Indeed more must be done by the Republican leadership or they should never be allowed to run for so much as dog catcher again but let’s not lose focus here, or fall into the media’s trap of losing sight of who the real villains are here, President B. Hussein Obama and Secretary of State John Kerry.
    Kerry behaves as though he were a Pavlovian lapdog, drooling at the chance to further denigrate the country he has despised since the 1960’s every time he hears a cameras shutter click shut or when he begins spouting the administrations lies at the sight of a microphone.
    Now even as both of these gentlemen are working in an effort help Mr. Obama to pad his legacy, it becomes apparent that they are not only aware of, but complicit in, the lies and deceit accompanying this flawed, illegal and extraordinarily dangerous deal while appearing not to appreciate the serious ramifications of it. The fact that even before the meetings had ended the ayatollahs had already been threatening the very IAEA inspectors whose job it will be to keep those same ayatollahs compliant with the conditions of the deal! Such behavior indicates the level of arrogance held by the Iranians and also shows the lack of respect for Messrs. Kerry and Obama as well as a complete lack of fear regarding any consequences should they be caught cheating.
    This should serve to illustrate to anyone who is both paying attention and not possessed of an extreme amount of naiveté that these ayatollahs are madmen, religious fanatics who routinely state their positions and plainly also state just what their future course of action will be. That oft stated course of action, to wipe both Israel and the United States off of the map, to kill the infidels! Now, listening to that outrageous threat, one repeated almost daily, one has to be curious as to how men such as Obama and Kerry, who apparently believe the Ayatollahs enough to enter into such an important deal as this with them, then to suddenly believe they are lying when they say that but are telling us the truth when they make deal such as this?
    Can these men be that stupid, that naïve or is it willful self-delusion, delusions of grandeur, a Walter Mitty like need to have been responsible for the greatest diplomatic coup of all time? I am afraid that all we are going to get out of this is a nuclear war. One can only hope it happens soon, before Mr. B. Hussein Obama agrees to unilaterally disarm the United States as a gesture of goodwill to his Middle East buddies, those friends of his who brought us what he called the Arab Spring. Perhaps he should have labeled it as they did, A Pan-Arab Caliphate throughout the Middle East, as a beginning. November 2016 cannot come soon enough, let’s all hope we get there alive.
    Rich in New Mexico.

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