Just read this @DanielBShapiro, which essentially asks “why can’t we all just get along” if a Biden administration decides to go back into the Iran nuclear deal. Sounds nice on its face but the details reveal at least three major fallacies. Thread. washingtonpost.com/outlook/2020/1…
First, if you accept premise the Iran deal was "good" for US/Israel in first 5 years, but then good for Iran once sunsets kicked in, you’d have to conclude the deal today is now "bad" for US/Israel. The first sunset has already kicked in (arms embargo). The second comes in 2023.
Iran won't agree to extend sunsets already bagged. Nor will they agree to extend future sunsets when offered sanctions relief up front. Going back into a deal that is already expiring & giving up all leverage up front should be added to the dictionary as a definition of insanity.
Notably, Biden hasn’t taken a position on the arms embargo. Nearly entire US House supported efforts to extend embargo despite Iran Deal letting it expire. Trump issued EO threatening sanctions against Russia/China. Iran says that EO violates deal. Silence on this is troubling.
Second, Shapiro recommends that after Biden goes back into the deal, US/Israel work together to counter Iran using all tools available. The reader should consider this: the Iran Deal locks up all our tools to counter Iran. So what is he even talking about?
Full compliance with the Iran deal would mean no more sanctions, no more regional rollback, no more pressure on Tehran across the board. That is quite literally the deal. How do you work to counter Iran with pressure when you’ve just agreed to relieve all pressure? Major fallacy.
Biden's interview with @tomfriedman suggested he would break @ABlinken campaign pledge not to grant Iran any terror, missile, human rights or other non-nuclear related sanctions relief. Terror/missile sanctions include Iran's central bank, financial sector and oil sector.
If Biden ruled out any sanctions relief that benefits entities designated for terrorism, missiles, human rights, etc - Shapiro's call for cooperation wouldn't ring hollow. Indeed, maintaining CBI, financial, oil & other non-nuclear sanctions on Iran would win bipartisan support.
Third, Shapiro & others like @ilangoldenberg say Biden can always re-impose US sanctions if he doesn’t get a better deal after going back into the now-expired Iran deal. This is the biggest deception of all - directly undermined by Biden's call to go back into the deal today.
Because the JCPOA left Iran’s nuclear capabilities intact, the regime has the same go-to response any time the US tries to re-impose sanctions: nuclear extortion. That’s their response to Trump today; it would be their response to Biden in weeks, months or years.
The JCPOA had one sunset that mattered: a time of Iran’s choosing. It’s a racket. You have to pay the racket or Iran enriches. So today, Iran’s escalating its enrichment to shake down the US & EU. Trump didn’t fold & Tehran is in dire straits. Biden says he wants to fold quickly.
If Biden's desperate to offer sanctions relief today to stop Iran's enrichment....and we know Iran would respond to any re-imposition of sanctions in the future by expanding enrichment just like today...there's only one conclusion to draw: Biden will NEVER re-impose sanctions.
Biden is proposing a never-ending Iranian shakedown of America that subsidizes IRGC terrorism, missiles & human rights abuse...AND leaving Iran with legitimized pathways to nuclear weapons to boot. So much for kumbaya, Ambassador. END

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More from @rich_goldberg

8 Nov
Four days later, I stand by this tweet. I was a Republican staffer on Capitol Hill when I served as a reservist in Afghanistan. My commander in chief was President Obama. I was honored to serve in the Trump administration. And I congratulate President-elect Biden and his team. /1
We have serious policy differences in America. How to create economic opportunity. How to empower everyone in our country to achieve the American dream. How to keep our country safe & secure. These differences will continue. High-minded debate makes us all better. /2
Violence is not who we are. Intimidation & threats are not who we are. Dehumanizing our fellow Americans is not who we are. This is an emotional period for many. Some joyous, others distraught. We should treat each other with respect as the president-elect encouraged tonight. /3
Read 5 tweets
21 Aug
THREAD. Reading E3 letter to the Security Council (which by the way shreds any credibility for those countries to ever opine on the virtues of international law again) it becomes clear that they (plus Russia and China) would have said a US snapback in May 2018 was invalid, too.
Obama, Biden, Kerry, Sherman, Lew & others vowed the US could snapback even if all other countries opposed it. Were they lying? Was that the understanding? Are these official lying today when they say we could have in 2018 but we can't now? Was this supposed to be a jump ball?
The answer is: you are supposed to read the language of a binding Security Council Resolution and defer to the complaint of a named party if at any time that party wants to snapback. UNSCR 2231 makes clear US can go directly to the Council to snapback, bypassing the JCPOA JC.
Read 8 tweets
16 Aug
THREAD. This is an important issue to tackle because I see variations of this argument out there. It basically concedes that the US *does* have the legal right to snapback based on the reading of UNSCR 2231 but that the snapback will be meaningless because Russia will ignore it.
First, procedure matters a great deal because the question of enforcement and legitimacy will have a lot to do with what has happened (or hasn't happened) at the end of the 30-day snapback period. Did the UNSC take a vote on a resolution to ignore a complaint as required by 2231?
In a scenario where no vote is held and the Council is divided on the legitimacy of a US complaint, I think this argument could be valid. But procedure dictates whether that scenario can occur. And due to the "double veto" power of a P5 member, I don't see how it can.
Read 9 tweets
16 Aug
THREAD. Wendy, did you ever read the Resolution you negotiated? Operative Paragraphs 9-12. A legally independent snapback is in the plain text of UNSCR 2231 as is the US' eligibility to trigger it (with no provision for ever changing that eligibility). undocs.org/S/RES/2231(201…
Here's @wendyrsherman on August 5, 2015: "If Iran fails to meet its responsibilities, we can ensure that UN Security Council sanctions snap back into place, and no country can stop that from happening.” Where did Wendy 2015 go? banking.senate.gov/imo/media/doc/…
Here's @JohnKerry on 7/24/15: "if we’re not happy, we can go to the Security Council & we alone can force a vote on the snapping back of those sanctions. And the vote is already structured in the UN res that was passed the other day as a reverse vote." 2009-2017.state.gov/secretary/rema…
Read 6 tweets
12 Apr
The case against any IMF loan to #Iran is obvious to most Americans. Yet on the eve of IMF spring meeting, the regime's supporters are keeping up the fight. Here's a 'Top 10' (of many) reasons shareholders should oppose along with recent @FDD policy brief. fdd.org/analysis/2020/…
Iran doesn’t need the #IMF’s money to fight #coronavirus. Khamenei just tapped 1 bil euro from his sovereign wealth fund. More available in his $200 billion business empire. Why is this still a topic of conversation? en.radiofarda.com/a/khamenei-agr…
Iranian FM @JZarif recently tweeted the truth: the whole campaign has nothing to do with battling the virus; it’s about getting an international economic bailout without abandoning terrorism, nuclear expansions, missile testing, human rights abuses, etc.
Read 11 tweets
5 Apr
For someone who "practices" sanctions law, this thread is riddled with errors. Perhaps he and his firm need more "practice." Talk about disinformation. Time for some CLE. Let me assist.
Sec 104 of CISADA applies to banks that are found to be financing the IRGC, terrorism and proliferation activities. There should be no exceptions for obvious reasons. Dozens of Iranian banks aren't designated for such conduct. Still aren't. Let's move to other applicable acts.
As the quoted item states correctly, the "CBI sanctions" aka Menendez/Kirk sanctions aka FY12 NDAA Sec 1245 provided an explicit exception for transactions with the Central Bank of Iran for food, medicine and medical supplies. That exception still applies today.
Read 11 tweets

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