Congress Must Have a Role in Iran Negotiations

Prime Minister of Israel Benjamin Netanyahu’s speech to the U.S. Congress yesterday warned of the danger that the current nuclear deal being discussed between Iran and the P5+1 countries poses to the entire world. He told Congress that the negotiations by the P5+1 (the five permanent members of the U.N. Security Council: the United States, United Kingdom, France, Russia, and China, plus Germany) are fundamentally flawed.

In addition to the fact that Tehran cannot be trusted and has participated in illicit behavior, the Israeli Prime Minister addressed two problems with the current deal being negotiated: it allows Iran to maintain an industrial capability to enrich uranium and removes all restrictions from its nuclear program after about ten years, legitimizing the program in the international community.

Netanyahu asserted that talks should not continue on the current path and implicitly called on Congress to act. The Obama Administration, which has dictated the terms being put forward by the P5+1, has insisted that Congress not intervene in the talks and let John Kerry and the other negotiators give diplomacy a chance.

The most concrete way that Congress could affect the deal is by passing legislation to impose sanctions on Iran if the talks fail. A bill under discussion that is co-authored by Senators Mark Kirk (R-IL) and Robert Menendez (D-NJ), which has received bipartisan, potentially veto-proof support, does exactly this.

Republicans are generally supportive of more sanctions, arguing increased pressure is the best way to produce a good deal, and it is assumed that most, if not all, 54 GOP senators would vote for the bill. Since Obama has stated that he would veto any sanctions bill against Iran, several Democrats would need to also support this measure to obtain the 67 votes necessary to override a presidential veto.

Senator Kirk has stated that he has 17 Democrats on board and thinks getting a veto-proof majority is possible. The Republican majority wants to bring this bill to the floor, but Senator Menendez, who wants tougher measures on Tehran and is supportive of Israel, along with nine other Democrats, pledged to withhold support for the legislation until after the March 24^th deadline for a rough framework deal to avoid an inner-party clash with Obama.

Beyond the Kirk-Menendez bill, Senate Foreign Relations Chairman Bob Corker (R-TN) has proposed legislation seeking congressional approval for any potential deal with Iran negotiated by the administration. Furthermore, a letter to Obama signed by House Foreign Affairs Chairman Edward Royce and Ranking Member Eliot Engel currently circulating Capitol Hill states that “permanent sanctions relief from congressionally-mandated sanctions would require new legislation.” The letter goes on to say that Congress must review a deal and be convinced that it will not allow Iran an avenue to a nuclear weapon.

Congress is a coequal branch of government and should have a say in the most important and consequential issue of today. The legislature needs to remind the administration as well as themselves of this notion, particularly because many of the sanctions were legal creations of Congress and can only be removed by them.

There is no room for error with the prospect of Iran obtaining nuclear weapons, which is currently the greatest threat to global security. Congress can and should assert its authority over any deal with Iran, especially if the one being negotiated by the administration is flawed. Beyond the security risks, sacrificing the spirit of America’s system of government with three equal branches controlled by checks and balances can only further damage the United States.