- Tuesday, September 15, 2015

Sen. Charles Schumer of New York was one of the highest profile Democrats to rebuff President Obama and come out against the Iran nuclear deal. Below are excerpts from his Aug. 6 statement explaining the decision.

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Every several years or so a legislator is called upon to cast a momentous vote in which the stakes are high and both sides of the issue are vociferous in their views.

Over the years, I have learned that the best way to treat such decisions is to study the issue carefully, hear the full, unfiltered explanation of those for and against, and then, without regard to pressure, politics or party, make a decision solely based on the merits.

I have spent the last three weeks doing just that: carefully studying the Joint Comprehensive Plan of Action, reading and re-reading the agreement and its annexes, questioning dozens of proponents and opponents, and seeking answers to questions that go beyond the text of the agreement but will have real consequences that must be considered.

Advocates on both sides have strong cases for their point of view that cannot simply be dismissed. This has made evaluating the agreement a difficult and deliberate endeavor, and after deep study, careful thought and considerable soul-searching, I have decided I must oppose the agreement and will vote yes on a motion of disapproval.


SPECIAL COVERAGE: Why the Iran Deal is Bad for Both America and Israel


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In making my decision, I examined this deal in three parts: nuclear restrictions on Iran in the first ten years, nuclear restrictions on Iran after ten years, and non-nuclear components and consequences of a deal. In each case I have asked: are we better off with the agreement or without it?

In the first ten years of the deal, there are serious weaknesses in the agreement. First, inspections are not “anywhere, anytime”; the 24-day delay before we can inspect is troubling. While inspectors would likely be able to detect radioactive isotopes at a site after 24 days, that delay would enable Iran to escape detection of any illicit building and improving of possible military dimensions (PMD) the tools that go into building a bomb but don’t emit radioactivity.

Furthermore, even when we detect radioactivity at a site where Iran is illicitly advancing its bomb-making capability, the 24-day delay would hinder our ability to determine precisely what was being done at that site.

Even more troubling is the fact that the U.S. cannot demand inspections unilaterally. By requiring the majority of the 8-member Joint Commission, and assuming that China, Russia, and Iran will not cooperate, inspections would require the votes of all three European members of the P5+1 as well as the EU representative. It is reasonable to fear that, once the Europeans become entangled in lucrative economic relations with Iran, they may well be inclined not to rock the boat by voting to allow inspections.

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Additionally, the “snapback” provisions in the agreement seem cumbersome and difficult to use. While the U.S. could unilaterally cause snapback of all sanctions, there will be instances where it would be more appropriate to snapback some but not all of the sanctions, because the violation is significant but not severe. A partial snapback of multilateral sanctions could be difficult to obtain, because the U.S. would require the cooperation of other nations. If the U.S. insists on snapback of all the provisions, which it can do unilaterally, and the Europeans, Russians, or Chinese feel that is too severe a punishment, they may not comply.

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Second, we must evaluate how this deal would restrict Iran’s nuclear development after ten years.

Supporters argue that after ten years, a future President would be in no weaker a position than we are today to prevent Iran from racing to the bomb. That argument discounts the current sanctions regime. After fifteen years of relief from sanctions, Iran would be stronger financially and better able to advance a robust nuclear program. Even more importantly, the agreement would allow Iran, after ten to fifteen years, to be a nuclear threshold state with the blessing of the world community. Iran would have a green light to be as close, if not closer to possessing a nuclear weapon than it is today. And the ability to thwart Iran if it is intent on becoming a nuclear power would have less moral and economic force.

If Iran’s true intent is to get a nuclear weapon, under this agreement, it must simply exercise patience.

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In addition, we must consider the non-nuclear elements of the agreement. This aspect of the deal gives me the most pause. For years, Iran has used military force and terrorism to expand its influence in the Middle East, actively supporting military or terrorist actions in Israel, Syria, Lebanon, Yemen, Iraq, and Gaza. That is why the U.S. has labeled Iran as one of only three nations in the world who are “state sponsors of terrorism.” Under this agreement, Iran would receive at least $50 billion dollars in the near future and would undoubtedly use some of that money to redouble its efforts to create even more trouble in the Middle East, and, perhaps, beyond.

To reduce the pain of sanctions, the Supreme Leader had to lean left and bend to the moderates in his country. It seems logical that to counterbalance, he will lean right and give the Iranian Revolutionary Guard (IRGC) and the hardliners resources so that they can pursue their number one goal: strengthening Iran’s armed forces and pursuing even more harmful military and terrorist actions.

Finally, the hardliners can use the freed-up funds to build an ICBM on their own as soon as sanctions are lifted (and then augment their ICBM capabilities in 8 years after the ban on importing ballistic weaponry is lifted), threatening the United States. Restrictions should have been put in place limiting how Iran could use its new resources.

When it comes to the non-nuclear aspects of the deal, I think there is a strong case that we are better off without an agreement than with one.

Using the proponents’ overall standard which is not whether the agreement is ideal, but whether we are better with or without it it seems to me, when it comes to the nuclear aspects of the agreement within ten years, we might be slightly better off with it. However, when it comes to the nuclear aspects after ten years and the non-nuclear aspects, we would be better off without it.

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Admittedly, no one can tell with certainty which way Iran will go. It is true that Iran has a large number of people who want their government to decrease its isolation from the world and focus on economic advancement at home. But it is also true that this desire has been evident in Iran for thirty-five years, yet the Iranian leaders have held a tight and undiminished grip on Iran, successfully maintaining their brutal, theocratic dictatorship with little threat. Who’s to say this dictatorship will not prevail for another ten, twenty, or thirty years?

To me, the very real risk that Iran will not moderate and will, instead, use the agreement to pursue its nefarious goals is too great.

Therefore, I will vote to disapprove the agreement, not because I believe war is a viable or desirable option, nor to challenge the path of diplomacy. It is because I believe Iran will not change, and under this agreement it will be able to achieve its dual goals of eliminating sanctions while ultimately retaining its nuclear and non-nuclear power.

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