National Security & Defense

State Department: Iran Deal Is Not ‘Legally Binding’ and Iran Didn’t Sign It

Secretary Kerry testies about the Iran nuclear deal, July 28, 2015. (Olivier Douliery/Getty)

President Obama didn’t require Iranian leaders to sign the nuclear deal that his team negotiated with the regime, and the deal is not “legally binding,” his administration acknowledged in a letter to Representative Mike Pompeo (R., Kan.) obtained by National Review.

“The Joint Comprehensive Plan of Action (JCPOA) is not a treaty or an executive agreement, and is not a signed document,” wrote Julia Frifield, the State Department assistant secretary for legislative affairs, in the November 19 letter.

Frifield wrote the letter in response to a letter Pompeo sent Secretary of State John Kerry, in which he observed that the deal the president had submitted to Congress was unsigned and wondered if the administration had given lawmakers the final agreement. Frifield’s response emphasizes that Congress did receive the final version of the deal. But by characterizing the JCPOA as a set of “political commitments” rather than a more formal agreement, it is sure to heighten congressional concerns that Iran might violate the deal’s terms.

“The success of the JCPOA will depend not on whether it is legally binding or signed, but rather on the extensive verification measures we have put in place, as well as Iran’s understanding that we have the capacity to re-impose — and ramp up — our sanctions if Iran does not meet its commitments,” Frifield wrote to Pompeo.

#share#Iranian President Hassan Rouhani discouraged his nation’s parliament from voting on the nuclear deal in order to avoid placing legal burdens on the regime. “If the Joint Comprehensive Plan of Action is sent to [and passed by] parliament, it will create an obligation for the government. It will mean the president, who has not signed it so far, will have to sign it,” Rouhani said in August. “Why should we place an unnecessary legal restriction on the Iranian people?”

Pompeo cited that comment in his letter to Kerry, but Frifield did not explicitly address it in her reply. “This is not a mere formality,” Pompeo wrote in his September 19 letter. “Those signatures represent the commitment of the signatory and the country on whose behalf he or she is signing. A signature also serves to make clear precisely who the parties to the agreement are and the authority under which that nation entered into the agreement. In short, just as with any legal instrument, signing matters.”

The full State Department letter is below:

Most Popular

Politics & Policy

Fox News Anchor Shepard Smith Resigns

Fox News Channel's chief anchor, Shepard Smith, announced on air Friday that he would be resigning from his post after 23 years with the network. “This is my last newscast here,” said Smith. “Recently, I asked the company to allow me to leave Fox News. After requesting that I stay, they obliged.” He ... Read More
NR Webathon

Don’t Let Michael Mann Succeed

I  enjoyed the running joke of Jarndyce v. Jarndyce in the great Dickens novel Bleak House, back when I first read it. Little did I know that one day I and the magazine that I love would effectively be caught up in a version of that interminable case, courtesy of a litigious climate scientist with zero regard ... Read More
White House

What Is Impeachment For?

W hat is impeachment for? Seems like a simple question. Constitutionally speaking, it also appears to have a simple answer: to cite and remove from power a president guilty of wrongdoing. Aye, there’s the rub. What sort of wrongdoing warrants removal from power? I’d wager that the flames of ... Read More
Elections

Beto Proposes to Oppress Church with State

Beto O’Rourke’s presidential campaign is within the margin of error of non-existence, but in his failure he has found a purpose: expressing the Democratic id. His latest bid for left-wing love came at a CNN forum on gay rights, where he said that churches that oppose same-sex marriage should have to pay ... Read More