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International & National Security Law

Congress as "Iran Deal" Enforcer? - Podcast

International & National Security Law Practice Group Podcast
Alan M. Dershowitz, Dennis Ross, Jamil N. Jaffer September 04, 2015

With final congressional review action on the Iran Deal just days away, is Congress empowered to act in a fully informed manner with the vital information pertinent to all side agreements? Is the IAEA predictably a trustworthy actor? What tools might the people’s branch of government utilize to provide oversight and enforcement capability if Iran is in violation? Prof. Alan Dershowitz and Ambassador Dennis Ross approached these questions from different perspectives drawn from deep historical and geopolitical experience. Prof. Dershowitz is author of a book entitled The Case Against the Iran Deal: How Can We Now Stop Iran from Getting Nukes? and Ambassador Ross most recently wrote "How to Put Some Teeth into The Nuclear Deal with Iran" with David Patraeus. 

Featuring:

  • Professor Alan Dershowtiz, Felix Frankfurter Professor of Law, Harvard Law School
  • Ambassador Dennis Ross, William Davidson Distinguished Fellow and Counselor, The Washington Institute
  • Moderator: Jamil Jaffer, Former Chief Counsel and Senior Advisor, Senate Foreign Relations Committee

The "Iran Deal" - Podcast

International & National Security Law Practice Group Podcast
Jamil N. Jaffer, David B. Rivkin, Jr., John C. Yoo August 03, 2015

The "Iran Deal" as negotiated by the Obama Administration and approved by the UN raises controversies on many levels. One foundational question concerns whether a president's constitutional Article II power extends to an executive agreement that incurs foreign obligations and implicates international law. The congressional response in the Corker-Cardin review act demurred from challenging whether the nuclear deal was an end-run around treaty Senate ratification requirements by acknowledging the executive agreement classification. Now there are questions as to whether the final deal is sufficiently inconsistent with the anticipated agreement such that the Corker-Cardin bill is undermined. Does UN approval prior to congressional review moot Corker-Cardin? Additionally, as yet unquantified side agreements may have a bearing on congressional posture. Also, some states have sanctioned Iran separately. Since an executive agreement does not carry the federal pre-emptive power as would a treaty, may states continue to act independent of Corker-Cardin, UN, or administration commitments?

  • Jamil N. Jaffer, Adjunct Professor of Law and Director, Homeland and National Security Law Program, George Mason University School of Law and former Chief Counsel and Senior Advisor, Senate Foreign Relations Committee
  • David B. Rivkin, Jr., Partner, Baker & Hostetler LLP
  • Prof. John C. Yoo, Emanuel S. Heller Professor of Law, University of California Berkeley School of Law