Trump cannot disolve the JCPA by unilateral executive order

Trump is taking it on his own to completely destroy the faith in the US to make agreements and treaties. I don't believe that he has the right to decertify Iran's compliance on his own. He has become the worst of the extreme right and the Neocons. He is implementing their agenda in an arbitrary and impulsive way. The JCPA solved a problem. Iran is not developing nuclear weapons, however the DPRK is, and they are watching how agreements with the US work out.

A summary of the Agreement:

Parameters of prospective actions by P5+1

Lift all sanctions within 4 to 12 months of a final accord.
Develop a mechanism to restore old sanctions if Iran fails to comply as per IAEA reports and inspection.
The EU will remove energy and banking sanctions.
The United States will remove sanctions against domestic and foreign companies who do business with Iran.
All UN resolutions sanctioning Iran will be annulled.
All UN-related sanctions will be dismantled.

Parameters of prospective actions by Iran[19]

Reduction in the number of installed centrifuges from 19,000 to 6,104 and only 5,060 of these enriching uranium for 10 years.[20][21]
Not enrich uranium above 3.67% purity (suitable for civil use and nuclear power generation only).
Reduce stockpile of enriched uranium from current 10,000 to not more than 300 kilograms 3.67 percent enrich uranium for 15 years.
Fordo uranium enrichment facility will operate not more than 1,000 centrifuges for research. 5,000 R-1 centrifuges will be running at Natanz. The remaining 13,000 centrifuges will be used as spare, as needed.
Arak facility will be modified so as to produce a minimal amount of plutonium but will remain a heavy-water reactor.
Allow inspection of all its nuclear facilities and its supply chains such as uranium mining sites .

Trump cannot unilaterally decide that Iran is in breach.
This describes his duties and the status of treaties as made by the US:

Article VI

2: This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land;

Article III

1: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;

One could argue that the JCPA is not a treaty. However it is pretty clear as to the terms of the agreement, that Trump cannot declare Iran in breach of the treaty, only the IAEA has that authority. I believe that the US entered into this agreement under actions of the Executive with the agreement of other countries as parties to this agreement, including a vote in the UNSC, and therefore is the same as a treaty.

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Comments

mimi's picture

some people can do what most other people never had believed could be done?

Did we ever believe the evils that had been done were possible?

Our imagination can't allow us to believe they are possible. Therefore we don't allow ourselves to believe in them. And when we realize we were wrong in our assumptions, we are shell shocked and speechless and don't know what to do with ourselves.

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"“What difference does it make to the dead, the orphans and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty or democracy?” - Ghandi

Big Al's picture

agreement, not a treaty, at the U.N. Or he can simply violate the terms and the agreement would be worthless, which it always was when you're dealing with the United States of America. And Congress can pass new sanctions which would effectively kill the deal.

The thing to remember is Iran was never developing a nuclear weapons program nor wanted to, this is all a false narrative/big lie to pressure Iran and lead to war. Trump's lies here about trying to stop Iran from regional terrorism, etc., are evidence it was never about a nuke weapon in the first place.

We'll be able to see from Congress how many are willing to challenge U.S. imperialism at this point. My guess it will be zero because none of them are going to call out the real lies about this situation which were glaringly obvious during Trump's speech.

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@Big Al
Iran was number 7 on the neocon list I believe. The facts that Trump states about Iran are nonsense. Saudi Arabia and its promotion of Wahhabi radicalism is the number one source of terrorism, along with the US, Turkey at times and other ME oil kingdoms. The entire issue really is Israel. Israel feared state actors as dangerous opponents and maneuvered the US into killing as many of these states as is possible. Why did the US go along with this? The ultimate blow-back is going to be huge. This bought Israel time and nothing more. Have you seen the you tube reports by Abby Martin about Israel. She spent one month in Israel. It took absolutely no effort to get the average Israeli to expose his extreme racism. "God gave us this land". "We are the chosen people". "Palestinians were not using the land." "They stole it from our ancestors." And it gets much worse than that when it comes to asking them what they should do about Palestinians.

Question - Is the discussion of Israel a bad thing here? Many liberal blogs refuse to discuss Israel, probably because many liberals are Zionists and are extremely offended by any criticism of Israel.

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Capitalism has always been the rule of the people by the oligarchs. You only have two choices, eliminate them or restrict their power.

Big Al's picture

@The Wizard as you can see by the essay I just posted.

Ya, this is a about Israel big time and the neocon faction in the U.S and Europe. The neocon/Zionist plan has always been to bring down Iran (Wesley Clark's list) and this nuclear weapon false narrative has been used to enact sanctions which are always a prelude to war. Now they're trying to break this agreement, make Iran refuse to renegotiate as justification to up the pressure.
Ever hear of the Oded Yinon plan?

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mimi's picture

@Big Al
Yinon Plan
But you better read several sources, just to say you are a fair and balanced reader.
Here you go.
Yinon Plan

Sigh.

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2 users have voted.

"“What difference does it make to the dead, the orphans and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty or democracy?” - Ghandi

mimi's picture

@The Wizard
discuss Israel. No matter how and where. But that gets on the nerves of some people meanwhile, so all bets are open.

So, I am going to be a Swedish or a French woman now. Both my sister and I had pretended to be not German when we were in other countries than Germany. That's how far guilt trips can get you.

I also should get rid of "mimi". I just love the aria and Maria Callas was Greek. As of today I am not German anymore and mimi goes underground and comes back as Greek or Russian.

It's a beautiful aria, no matter who sings it. And I am sure all people can love "mimi" and I can love them all, be it Russian, Israeli, Germans, French, Greeks, Palestinians or Americans.

Gosh, you have to stop hating based on the sins of your fathers. I am so tired of it and it makes me cry.

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6 users have voted.

"“What difference does it make to the dead, the orphans and the homeless, whether the mad destruction is wrought under the name of totalitarianism or the holy name of liberty or democracy?” - Ghandi

@Big Al

It's still a violation of international law to attack countries which pose no actual threat - and the fact of the US PTB continually breaking international law does not diminish its validity.

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Psychopathy is not a political position, whether labeled 'conservatism', 'centrism' or 'left'.

A tin labeled 'coffee' may be a can of worms or pathology identified by a lack of empathy/willingness to harm others to achieve personal desires.

@Big Al

It's still a violation of international law to attack countries which pose no actual threat - and the fact of the US PTB continually breaking international law does not diminish its validity.

Well, trying to post this just had a blank page endlessly spinning its wheels, so to speak, so I hope trying again won't result in two of these...

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0 users have voted.

Psychopathy is not a political position, whether labeled 'conservatism', 'centrism' or 'left'.

A tin labeled 'coffee' may be a can of worms or pathology identified by a lack of empathy/willingness to harm others to achieve personal desires.