Kirk-Menendez-Schumer Wag the Dog Act of 2014
By Jim Lobe | LobeLog | December 18, 2013
Copies of the bill that Sens. Kirk, Menendez, and Schumer hope to introduce in the Senate this week — presumably to be pressed for passage after the Christmas/New Year recess — are circulating today around Washington, and, as predicted, it is clearly designed to sabotage last month’s first-phase deal (the Joint Plan of Action) on Tehran’s nuclear program, as well as prospects for a final agreement. The bill is called the Iran Nuclear Weapon Free Act of 2013, although I would prefer to call it the Wag the Dog Act of 2014, given the implicit discretion it gives to Bibi Netanyahu to commit the U.S. to war with Iran. Its key provisions, as described by the sponsors, are laid out at the end of this post.
A couple of very quick observations about the bill first:
1) Despite its prospective application, it is definitely a sanctions bill and thus violates at least the spirit — if not the letter — of the Joint Plan of Action.
2) It requires that any final agreement include the dismantling of all of Iran’s enrichment capabilities — a condition, which Iran has made clear repeatedly, is a non-starter.
3) As noted below, it expresses a “Sense of Congress” that “America will have Israel’s back if Israel acts in self-defense against Iran’s nuclear weapons program.” (Mind you, not against an actual or imminent attack, but against “Iran’s nuclear weapons program,” which, so far as Israel and the co-sponsors are concerned, Iran already has.) More specifically, the bill states:
…if the Government of Israel is compelled to take military action in legitimate self-defense against Iran’s nuclear weapon program, the United States Government should stand with Israel and provide, in accordance with the law of the United States and the constitutional responsibility of Congress to authorize the use of military force, diplomatic, military, and economic support to the Government of Israel in its defense of its territory, people, and existence…
At least, Congress will have to approve an authorization to use military force (AUMF) before it can actually be employed.
4) As I’ve noted in past posts, the two main co-sponsors of this legislation are also two of the biggest recipients of campaign funding from “pro-Israel” political action committees (PACs) associated with the American Israel Public Affairs Committee (AIPAC) in the U.S. Congress, according to the Center for Responsive Politics’ Open Secrets website. By a wide margin, Kirk was the biggest recipient of pro-Israel PAC money in Congress since 2002; in his most recent campaign (2012), Menendez received more than $340,000 from pro-Israel Pacs, beating out all other Senate candidates. Schumer, a major rainmaker for other Democratic candidates (which poses a very serious challenge to the Obama administration in keeping his party in line on any vote on this bill) ranked fifth in his 2010 race at more than $260,000, far behind Kirk, the year’s winner at nearly $640,000. Let there be no doubt about it: this bill was approved by AIPAC and is thus as close to the position of the Israeli government as its followers here believe will be politically palatable. (Saudi Arabia will also be pleased.)
There will likely be much more meticulous analyses of the Wag the Dog Act of 2014 that will no doubt point up other highly problematic elements, but here’s the summary of the bill that’s circulating on Capitol Hill today:
Iran Nuclear Weapon Free Act of 2013
I. Findings and Sense of Congress. The bill expresses the following key principles:
1) The Government of Iran must not be allowed to develop or maintain nuclear weapon capabilities, and all instruments of power and influence of the United States should remain on the table to prevent the Government of Iran from developing nuclear weapon capabilities;
2) The Government of Iran does not have an absolute or inherent right to enrichment and reprocessing capabilities and technologies under the Nuclear Non-Proliferation Treaty;
3) A violation by Iran of any interim or final agreement with respect to the nuclear program of Iran should result in the immediate imposition of economic sanctions;
4) The United States should continue to enforce sanctions on the Government of Iran and its terrorist proxies for their continuing sponsorship of terrorism, ongoing abuses of human rights, and actions in support of Bashar al-Assad in Syria; and
5) America will have Israel’s back if Israel acts in self-defense against Iran’s nuclear weapons program.
II. New Contingency-Based Sanctions to Protect Against Iranian Deception
The bill does not violate the Joint Plan of Action. New sanctions would only be imposed if Iran violates the interim agreement or does not reach a final agreement regarding its nuclear program. Such deceptive Iranian behavior would be met with the following new sanctions:
A) Sanctions on Condensates, Fuel Oil and other Unfinished Oils from Iran. Requires a significant reduction in the import of all petroleum products extracted, produced or refined in Iran, including lease condensates, fuel oils and other unfinished oils on top of crude oil.
B) Reductions in purchases of Iranian petroleum to de minimis levels. To avoid sanctions, countries must at a minimum reduce their purchases of Iranian-based petroleum products by 30% within one year and further reduce purchases to de minimis levels within two years.
C) Strategic Sector Sanctions on Iran’s Engineering, Mining, and Construction Sectors. Expands business and financial sanctions targeting Iran’s strategic economic sectors to include Iran’s engineering, manufacturing, and mining sectors.
D) Sanctions on Foreign Exchange Transaction by Designated Iranian Actors. Imposes sanctions with respect to transactions in foreign currencies with or for the Central Bank of Iran, a designated financial institution, or a person that is part of a strategic sector of Iran.
E) Sanctions on Countries Illicitly Diverting Goods to Iran. Authorizes sanctions against countries permitting diversion of goods and services to Iran that may be used to make a material contribution to Iran’s development of nuclear, chemical, or biological weapons; ballistic missile or advanced conventional weapons capabilities; support for terrorism; or a strategic sector of Iran.
F) Sanctions on Human Rights Abusers, Sanctions Evaders & Other Illicit Actors. Requires visa denial and asset blocking of those enabling Iran to evade sanctions, as well as senior officials of the Office of the Supreme Leader, the Atomic Energy Organization of Iran, the Islamic Consultative Assembly, the Council of Ministers, Ministries of Defenses and Justice, and others.
III. Suspension of Sanctions – Explaining the Contingencies
A) During the first 180 days of negotiations, the President can suspend the sanctions contained in this bill so long as he certifies to Congress every 30 days that—
- Iran is complying with and transparently, fully, and verifiably implementing the provisions of the Joint Plan of Action and Iran has not breached the terms of or any commitment made pursuant to the Plan;
- any suspension or relief of sanctions provided to Iran pursuant to the Joint Plan of Action are temporary, reversible, and proportionate to the specific and verifiable steps taken by Iran with respect to terminating its illicit nuclear program and related weaponization activities;
- Iran has not directly, or through a proxy, supported, financed, planned or otherwise carried out an act of terrorism against the United States or U.S. persons or property;
- Iran has not conducted a ballistic missile test with a range exceeding 500 km; and
- the suspension of sanctions is vital to the national security of the United States.
B) After these 180 days are up, 2 additional 30 day periods –
- If the President certifies the above and certifies that a final agreement is imminent (and that such agreement will fully and verifiably dismantle Iran’s illicit nuclear infrastructure, including enrichment and reprocessing capabilities and facilities, the heavy water reactor and production plant at Arak, and any nuclear weapon components and technology), sanctions can be delayed for another 30 days;
- Then, if the President certifies the above AND certifies that such a final agreement with Iran is still imminent, sanctions can be delayed for another 30-day period.
C) If after this total period of 240 days there still is no final agreement with Iran as described above, sanctions are re-imposed, but President can waive sanctions for 120 more days. The bill provides the President with four 30-day national security waivers to delay the sanctions – ending at the 1-year mark from the start date of this bill. Sanctions must be re-imposed thereafter.
D) If at any time the President cannot certify the criteria listed above (that is, Iran violates the interim agreement or no final agreement is imminent after 180 days) –
- sanctions waived or suspended under the interim agreement are re-imposed; and
- the new sanctions in this bill must be implemented.
E) If a final agreement with Iran over its nuclear program is reached –
- Subject to a Joint Resolution of Congressional Disapproval, the President may suspend new sanctions for one-year if he certifies to the Congress that a final and verifiable agreement has been reached with Iran that will
- i. dismantle Iran’s nuclear infrastructure, including enrichment and reprocessing capabilities and facilities, the heavy water reactor and production plant at Arak, and any nuclear weapon components and technology, such that Iran is precluded from a nuclear breakout capability and prevented from pursuing both uranium and plutonium pathways to a nuclear weapon;
- ii. bring Iran into compliance with all United Nations Security Council resolutions related to Iran’s nuclear program, including Resolutions 1696 (2006), 1737 (2006), 1747 (2007), 1803 (2008), 1835 (2008), and 1929 (2010), with a view toward bringing to a satisfactory conclusion the Security Council’s consideration of matters relating to Iran’s nuclear program;
- iii. resolve all issues of past and present concern with the International Atomic Energy Agency (IAEA), including possible military dimensions of Iran’s nuclear program;
- iv. permit continuous, around the clock, on-site inspection, verification, and monitoring of all suspect facilities in Iran, including installation and use of any compliance verification equipment requested by the IAEA, so that any effort by Iran to produce a nuclear weapon would be quickly detected; and
- v. require Iran’s full implementation of and compliance with its Safeguards Agreement with the IAEA, including modified Code 3.1 of the Subsidiary Arrangements to the Agreement, ratification and implementation of the Protocol Additional to the Agreement Between Iran and the IAEA for the Application of Safeguards in Connection with the Treaty on the Non-Proliferation of Nuclear Weapons, done at Vienna December 18, 2003 (commonly referred to as the ‘‘Additional Protocol’’), and Iran’s implementation of steps in addition to the Additional Protocol that include IAEA verification of Iran’s centrifuge manufacturing facilities, including raw materials and components, and Iran’s uranium mines and mills.
- If Congress enacts the Joint Resolution of Congressional Disapproval, any sanctions suspended under a final agreement would be re-imposed.
- Additional 1-Year Suspension PeriodsIf Congress does not disapprove, the President must still renew the suspension of sanctions every year by certifying that Iran is complying with the final agreement criteria described above.
IV. Expedited Processing of Religious Minorities Fleeing Iran: Re-authorizes the Lautenberg Amendment, which expired earlier this year, until September 30, 2014.
UPDATE: You can find a copy of the bill, as introduced Thursday, here.
Co-sponsors include:
Kirk Schumer Graham Cardin McCain Casey Rubio Coons Cornyn Blumenthal Ayotte Begich Corker Pryor Collins Landreiu Moran Gillibrand Roberts Warner Johanns Hagan Cruz Donnelly Blunt
The White House and all those who want to save the diplomatic track have their work cut out for them.
Related article
Senate panel approves aid to military governments
Press TV – December 19, 2013
The US Senate Foreign Relations Committee has approved a bill facilitating the provision of aid to countries ruled by post-coup military governments.
The bill would require the US government to determine when a democratically-elected government has been removed by force, Foreign Policy reported on Wednesday.
The Senate Committee passed the Egypt Assistance Reform Act by a 16-1 vote on Wednesday and the key supporters of the bill, Senators Robert Menendez (D-N.J.) and Bob Corker (R-Tenn.), say the congressional legislation would authorize the US administration to maintain ties with strategically important countries like Egypt even after military forces overthrow a democratically-elected government.
“This legislation reaffirms the enduring U.S. commitment to our partnership with the Egyptian government by authorizing continued assistance and endorsing the importance of ongoing cooperation,” said Menendez, the chairman of the Committee.
On July 3, Egypt’s powerful military ousted former Egyptian President Mohammad Morsi who was the country’s first democratically-elected head of state.
The administration of US President Barack Obama refused to call the military-led ouster of Morsi a coup because such acknowledgement would trigger an automatic congressional ban on the US aid to the Egyptian military.
Section 7008 of the Foreign Operations Appropriations Law prohibits aid to countries run by post-coup military governments.
Nevertheless, if the new bill makes it into law, the US government would not find itself in the same situation in the future because it is tasked with making a coup determination.
The bill, which was drafted in consultation with the White House, was criticized by Senator Rand Paul (R-KY) who said, “Instead of holding the Egyptians accountable, this bill will make it easier for the US to send tanks and F-16 fighter jets to a country that suffers endemic violence against political opponents and religious minorities.”
Spinning Iran’s Centrifuges: A Quick Lesson in Alarmism
By Nima Shirazi | Wide Alseep in America | December 14, 2013
On December 12, the Senate Banking, Housing and Urban Affairs Committee held a hearing on last month’s interim nuclear agreement between Iran and the P5+1, which means there was a tremendous amount of ignorant bluster, conventional wisdom, wishful thinking, staggering ignorance, and shameless posturing for lobbyist money on display. In other words, Congress members were speaking about Iran.
While nearly every single word uttered by the Treasury Department’s David Cohen and Undersecretary Wendy Sherman – the State Department’s number three and lead U.S. negotiator in Geneva – and her Senatorial inquisitors could (and should) be fact-checked and debunked, in the interest of time and sanity, I will address only a single statement that cried out for correction (and will maybe get to more at another time).
Midway through the hearing, Senator Bob Corker of Tennessee claimed Iran is “wreaking havoc” in the Middle East, lamented that the United States is “ceding much of Middle Eastern activities to them,” and expressed his frustration with the recent deal and any prospect of alleviating sanctions for fear that Iran may not be seen as a “rogue nation,” but rather “part of the international community.”
Corker further opined that the P5+1 deal has “no sacrifice on their part whatsoever, none. They’re still spinning 19,000 centrifuges every single day.”
This has recently become a canard in mainstream, usually hawkish, discourse on Iran’s nuclear program.
In October, Joel Rubin of the Ploughshares Fund, who is described by Voice of America as an “Iran expert,” said that Iran “does have 19,000 centrifuges spinning.”
Following the release of yet another speculative study by career alarmist David Albright of the Institute for Science and International Security (ISIS) and an error-riddled USA Today article noting that Iran currently has “19,000 centrifuges” installed in its two enrichment facilities, this talking point gained even more traction.
On October 29, neoconservative operative Kenneth Timmerman wrote in The Washington Times that “the [Iranian] regime now has 19,000 centrifuges, including several thousand high-performance, new-generation machines they are still testing,” and has already amassed a stockpile of uranium that, “with further enrichment… is enough for roughly 10 bombs.”
In late November, Sarah Stern – head of the Endowment for Middle East Truth (EMET), an extreme right-wing Zionist messaging organization that proudly describes itself as an “unabashedly pro-Israel and pro-American think tank,” and who serves as an advisor to the creepy propaganda outfit The Clarion Fund – claimed that, for Iran, the interim accord “keeps every one of its 19,000 centrifuges spinning.” A graphic on the EMET website states that, as part of the deal, “Iran gets… 19,000 cylinders spinning enriching uranium.”
On December 1, Senator Jim Inhofe called the deal a “reckless gamble” that, among other things he doesn’t like, “allows [Iran] to keep its nearly 19,000 centrifuges spinning.”
The very next day, KT McFarland, a Fox News contributor and former aide to Henry Kissinger and Ronald Reagan, declared, “It’s just crazy, there are 19,000 centrifuges spinning in Iran, that’s twice as many centrifuges in Iran as there are Starbucks in America.”
Spooky, right? Well, they’re wrong.
According to the most recent assessment – from mid-November – by the International Atomic Energy Agency (IAEA), which conducts routine inspections of its nuclear program, Iran is reported to have installed roughly 19,000 centrifuges in its two enrichment facilities at Natanz and Fordow.
But they’re not all spinning. Not even close.
The IAEA even provided a handy little graph along with its report showing the difference between what Iran has installed and what is actually operational. At most, Iran has about 10,000 operable centrifuges, all of which produce enriched uranium far below levels required for a nuclear weapon.
Furthermore, the IAEA notes, “Not all of the centrifuges fed with UF6[feedstock] may have been working.”
Moreover, Iran’s Natanz facility is designed for a fully operational capacity of 50,000 centrifuges. So far, fewer than 15,500 centrifuges have been installed and fewer than 9,000 are actually functional. Of the 2,710 centrifuges installed at the Fordow site, only about 700 are operational.
Roughly 1,000 second-generation centrifuges have also been installed, but not a single one has yet been used.
So, while Bob Corker and the rest sound pretty serious when they fret about Iran’s 19,000 “spinning” centrifuges, they’re overselling what Iran is actually doing in order to gin up their required hysteria.
What a surprise.
Palestinian media forum condemns NBC plan to produce drama series in Jerusalem
Palestine Information Center – 19/12/2013
GAZA — Palestinian media forum (PMF) has strongly condemned the plan of American TV company (NBC) to film a drama series, in partnership with the occupation municipality, in Silwan in occupied Jerusalem.
PMF said in a statement on Thursday that NBC is preparing to produce and broadcast a drama series in the “City of David”, with the aim of strengthening the Israeli narrative about the city of Jerusalem, which would give legitimacy to Israel’s policies of apartheid, ethnic cleansing and colonization in occupied Jerusalem.
According to Israeli and American media, the NBC network is cooperating with Israeli authorities, film makers and the Keshet Media Group to produce an action series entitled DIG mainly in occupied East Jerusalem, near the Old City.
Most of the filming will take place in the so-called “City of David national park”, which is established on Palestinian property in the neighborhood of Silwan and which is operated by the Israeli settler organization El’ad and the Israeli Nature and Parks Authority.
The PMF asserted that the production of this drama series comes within the framework of the falsification of history and the Judaization of Jerusalem.
The Poor Man’s Sheep
December 18, 2013
Soldiers break into the wrong house at night, go on a rampage – and make off with a woman’s savings from 15 years of work
One night in early September, the members of the Kavajeh family in Tarqumiya were woken by IDF troops breaking into their house. According to the despicable custom of the last few years, some of the soldiers wore ski masks; before our apathetic eyes what used to be the premier line of fashion among criminals has become common military attire.
From this moment on, everything went as per the routine – a routine known to every soldier who has ever served in the occupied territories: the soldiers gathered all the family members in one room, not giving them time to dress properly. They then searched the house, found nothing, and as they left, the head of the family, ‘Issa, heard the soldiers say to one another that they had raided the wrong house. Needless to say, the soldiers did not apologize to the family. The soldiers told them not to leave the house while they were still present.
When the family realized the soldiers were gone, they began to estimate the damage. Here the words of Issa are worth quoting: “We began moving around the house and saw the horror.” The contents of the cupboards had been spilled, and the soldiers had thrown bedding, clothes and equipment onto the floor. The kitchen was the real calamity zone: the soldiers made certain to spill the flour on the floor, mix the sugar, the lentils and the salt together, poured the tahini into the kitchen sink, and, finally, broke the eggs.
Now, certainly some IDF spokesperson, whether an official or a self-appointed one, will manage to find a way to explain why there was a pressing military need behind this wanton destruction of food; we’ll probably find a fool who would explain why there was a need to break the eggs – how do you know what they might have hidden in there? And anyway, why don’t you show us what happened before? And do you know what happened in 1929?
But as the family members finished examining the results of the small green storm that passed mistakenly through their home, the real disaster was discovered: the savings of one of the family members, Thahani, had been stolen. These were two gold bracelets and a gold ring. Thahani had saved the money to buy the jewelry from working in a seamstress shop since 1998.
Fifteen years of savings. Fifteen years of painstakingly gathering, day by day, an ounce of meager pay. A slow collection culminating in 65 grams of gold, each one of them worth 60 Jordanian Dinars, each Dinar the equivalent of about $1.7 USD. Fifteen years of savings left Thahani with some $8,005 USD; a bit more than $385 USD a year, or $1.25 USD a day. This was Tahani’s portion of all her labor. Now it lies in the pocket of a soldier. Perhaps he’ll give them to his lover, who will be grateful and not ask where he got such gold bracelets and such a ring; perhaps they’ll end up in a pawnshop. Perhaps, loyal to the value of comradeship, he already split the loot with other troops in his section.
In the morning, the family complained both to the Red Cross and the Israeli police. This was a futile gesture: good luck finding the looter among dozens of troops, some of whom were hooded and all well-versed in covering for one another. But before the MPCID rushes to close the case claiming it couldn’t find a suspect, one more thing must be said.
Looting is a war crime. It is defined as such in the Fourth Geneva Convention. During wartime, armies often harshly punish looting soldiers, if only because looting is bad for military discipline. At best, looting soldiers have to lie to their commander, which opens the door to more lies; at worst, the commander will take a commission off the loot. Armies who don’t punish looting harshly quickly cease to become armies and turn into militias at best, gangs at worse.
Israel, as is well known, does not have laws against war crimes on its books. This doesn’t mean it doesn’t commit them. And as long as the MPCID does not shake itself up and find the thief, and as long as Israel does not compensate Tahani, it allows a war criminal – not a mere thief, but a war criminal – to roam freely. And since we know nothing of him but the colors of the uniform he wore, he besmirches through his act all those who wear them. And if the IDF wants to remove this stain from its uniform – admittedly, they are spotted with quite a few of them – it had better find the guilty party, and throw the book at him. Hard.