The Fight Isn't Over Until You Win

Well, the time has passed to disapprove the pact that the President made with Iran. Actually that deadline was last week, and I should have commented then, but [insert your favorite excuse here]. It wouldn't really have mattered though because Europe was rushing to make deals with the the Ayatollah, and they didn't wait for Congress to weigh in. There was too much at stake – a lot of money to be made, and it was important to be fast in dealing with Iran. (Yes, Switzerland was in there early. When it comes to money – or anything else – they don't play favorites. Switzerland is expert in matters of time, and now's a good time to get Rials.) In view of the fact that Iran is building missiles that will make it possible for it to target Europe with nuclear devices – and the agreement doesn't restrict their production – it is surprising that Europe sanctions the deal. But it does. Actually it favors the removal of prior sanctions against Iran.

But Congress does not approve of our largesse. It is simply powerless to stop it. The President's take is clear. “This vote is a victory for diplomacy ...” He clearly views it as a personal victory as well and in a way it is, though in reality it is simply the avoidance of a defeat. The President and his minority party have won a (procedural) victory over the Senate by threatening a filibuster and preventing a vote on a resolution opposing the deal with Iran – a resolution that would surely have passed. By terming this treaty an “agreement,” he has won a victory over the Constitution by denying the Senate the right to advise and consent in regard to its contents. The President waged a fearsome battle and didn't relax until he had the votes to assure his triumph.

Additionally, there were secret side letters and agreements for which we are responsible, but because they are secret we'll never know if Iran is keeping up its part of the deal or not. Nor will we know if any deviations from what we believe to be the agreement were permitted by our President and his negotiators. We'll hold Iran to every word of the agreement, but we don't know what those words are. (Actually we do know part of the “secret.” Iran will be permitted to take some of the samples that will be tested for radioactivity and international inspectors will not have free entry to all of the sites they are responsible for inspecting. But if you can't trust Iran, whom can you trust?) Initial legislation, signed by the President, guaranteed Congress the right to see all documents that were part of the “agreement.” Thus he has won a victory over Congress by ignoring the requirement to reveal all parts of that agreement prior to the vote. Actually there is no reason to expect him to reveal them at all, notwithstanding his obligation to do so.

And he has won a victory over the American People, who overwhelmingly oppose his treaty, viewing it as a threat to America. But the President, in the belief that he knows what is good for us, has signed onto an arrangement that will eventuate in nuclear weapons for Iran, and, in far less time, a windfall that can be used to increase instability in the Middle East. The castor oil the President administers, however, is good for us. We're sure to forget about it by the time the next national election is held. And even if we don't it's not his problem since he won't be running for re-election.

The President has declared one victory but, in fact, he has won several. By extracting support from party members, he has stymied and won a victory over the Senate; by terming his deal with Iran an “agreement” rather than the treaty it is he is victorious over the Constitution; by withholding side letters with Iran from Congress despite his having signed legislation requiring their disclosure he has won another victory – this one over Congress. Additionally, with an American public that overwhelmingly opposes the treaty with Iran, he has won a victory over them too.

And in all likelihood, if judicial relief is sought, the Court will probably decide for the President rather than becoming embroiled in a Constitutional crisis. But the argument for reining in a runaway Presidency is clear.

In the meantime, though, it's a victory for the President and the Democrats. Unfortunately, however, it is a loss for democracy.

[By the way, in case you're interested, the title of this essay is a quotation from “Royal Assassin” by Robin Hobb.]