Richard Baehr The battle for Congress

http://www.israelhayom.com/site/newsletter_opinion.php?id=13305

The 60-day clock for congressional consideration of the Iran deal, otherwise ‎known as the Joint Comprehensive Plan of Action has barely begun to run, and the White House and its allies are ‎already in full sell-and-destroy mode. As details of the agreement are revealed, ‎including side agreements, the total collapse of our side’s negotiating position in ‎the last few weeks of the talks has become more apparent. This should be an easy ‎deal to reject on the merits. The promise of “anytime, anywhere” inspections ‎turned into 24-day advanced notice inspections. It was just rhetoric, claimed White ‎House adviser Ben Rhodes. We never meant it. Inspections at the Parchin facility, ‎where it is generally assumed military research and testing took place connected ‎with Iran’s nuclear program, will now consist of the International Atomic Energy Agency examining samples ‎provided by the Iranians.

The so-called snap-back sanctions to deal with Iranian ‎violations of the agreement will require a vote by five of eight voting members, ‎consisting of the P5+1, the EU and Iran, to certify noncompliance by Iran of the ‎agreement, and the reinstallation of sanctions. Given the desperation demonstrated ‎by the P5+1 to get the deal done, and the early schedules of commercial visits by ‎European leaders and companies to stake their claims to Iran, the chances that the ‎Europeans or the United States (at least one where Barack Obama or Hillary Clinton is ‎president) will vote to unravel their “diplomatic achievement” and commercial ‎deals, and restore international sanctions is zero. ‎

Relief on sanctions on ballistic missiles and conventional arms sales were never ‎even discussed until the last week of the talks, and these sanctions will now expire ‎in a few years. This last late concession is easy to explain — Iran asked for it. When ‎the Iranians understood there was no chance of America taking military action and ‎zero chance of America walking away from the negotiations whatever their ‎demands, it certainly made sense for the Iranians to demand more goodies before ‎the deal was finally inked. For all we know, the reported shouting match between ‎John Kerry and his Iranian counterpart in the final days was all for show (or hear). ‎If there has been a poorer performance in international diplomacy in American ‎history than Kerry’s, it is hard to find, though the Nobel Committee’s Neville Chamberlain peace ‎prize may still be awaiting. ‎

The sell side by the administration is easy to see and probably necessary given the ‎piñata-like quality of the deal. The president and his team have been reduced to ‎arguing that all avenues to an Iranian bomb have been closed off for some time, ‎and that the alternative is war if Congress rejects the deal. However, the war option ‎is a fiction with this president, and the path to a bomb, if Iran chooses to break out, ‎may be just a few months longer than it was before a deal was signed. So too, in an ‎act of utter contempt of Congress, the president rushed to the U.N. Security Council ‎to get the deal endorsed before Congress considered the agreement, angering even ‎some Democrats in Congress, who do not see themselves as mere Obama puppets. ‎

The president and vice president have been meeting with Democrats in the House ‎and Senate to do the early lobbying before the American Israel Public Affairs Committee and other groups get to ‎members. The testimony by administration defenders of the ‎deal in the Foreign Affairs committees of Congress has been pitched almost ‎exclusively to Democrats, under the assumption that Republicans in both the ‎House and Senate are set to vote no with few if any deal supporters. The president ‎has made his regular tour of duty on “The Daily Show with Jon Stewart” to attack opponents of ‎the deal as in the thrall of lobbyists and special interests (meaning of course rich ‎Jews and AIPAC). The president brought along 17 House Democrats (and one ‎Republican) for his Air Force One trip to Kenya. The president has had his sit-down ‎with the self-styled éminence grise of the establishment, Tom Friedman, to provide ‎the talking points for Friedman to write his predictable column outlining pros and ‎cons of the deal but winding up of course with an endorsement. ‎

Far uglier is the transparent attempt to portray opponents of the agreement as ‎racist. A column in The Washington Post by Colbert King does exactly that, suggesting that pretty much all ‎opposition to Obama on the Iran agreement and on anything else is due to his ‎race, and that blacks have figured this out and now despise Israeli Prime Minister ‎Benjamin Netanyahu for daring to challenge the White House yet again. The article basically ‎calls on Jewish opponents of the deal to back off if they want to preserve ‎harmonious relations with African-Americans. The exact same strategy played out ‎before Netanyahu’s address to a joint session of Congress, when Obama met with ‎the Congressional Black Caucus and African-American congressmen, having ‎received their talking points, then argued that Netanyahu was being disrespectful for ‎showing up to speak at the invitation of House Speaker John Boehner. A large number ‎of the roughly 60 Democrats who boycotted Netanyahu’s talk were African-American. One ‎might argue that when a quarter of the Democratic Party’s members in Congress ‎boycott a speech by the elected leader of an ally of the United States on an issue ‎critical to that country’s survival, that the boycott action is what is really ‎disrespectful, and in fact unheard of in American history. But you might get called ‎a racist for saying that. ‎

Predictably, House Minority Leader Nancy Pelosi declared herself very comfortable ‎with the Iran agreement, and unlike with the health care bill she helped steward to ‎the finish line, claimed to have read it. Skeptics abound, since her declaration of ‎support seemed to be ready to go immediately upon the deal’s announcement. ‎While not a great thinker or analyst, Pelosi’s role is more straightforward — whip ‎her members into shape to insure the agreement is not derailed in Congress. Other ‎House Democrats were on board even before the deal was signed, with Illinois ‎horror, Congresswoman Jan Schakowsky, assisting her convicted felon husband as ‎he plotted media strategy to support the agreement with a collection of far-left ‎groups who naturally like a deal that is good for Iran and dangerous for Israel.

The focus of so much of the administration’s effort so far on Democrats in the ‎House is telling about the state of play in Congress at the moment. While the ‎administration is still in a strong position, the deal is so visibly problematic that ‎many members are uncomfortable with details of the agreement. There are ‎potentially two stages to the vote in Congress. Republicans ‎control 247 of the 435 House seats, and a simple majority is all that is required to ‎take action in the House. On an initial consideration of the deal, even if some House ‎Republicans break with the party, the deal is certain to be rejected. In the initial ‎consideration in the Senate, 60 votes are needed to bring the resolution to the ‎floor, meaning that at least six Democrats would have to join 54 Republicans ‎‎(assuming they all stay in line) to bring a vote on the deal, where it would then be ‎voted down. ‎

With the exception of New Jersey Senator Robert Menendez, who seems certain to ‎vote no, other Democratic Senate members, who would seem to be naturals to ‎oppose the deal, such as New York Senator Chuck Schumer (who always claims to ‎be the protector of Jews and Israel in Congress) have so far not committed either ‎way. A large rally in New York City this week‎ aimed a lot of its fire at Schumer for his indecisiveness. Opponents of the deal ‎want a lot more from Schumer than announcing that he weighed and balanced ‎everything and decided to vote no. They want him to lobby another 15 or so ‎Senate members who may be on the fence on the deal — to show some spine and ‎leadership. A simple no vote by Schumer with no lobbying effort on his part might ‎be the cautious path he chooses. He is in line to be the top Democrat in the ‎Senate beginning in 2017 with Nevada Senator Harry Reid retiring, and as an ‎ambitious careerist, would not want to be the one blamed for the defeat of the ‎president’s deal. That might lead to a challenger for the party leadership spot and ‎a ceiling on Schumer’s ambitions.‎

The fact that the administration is concentrating its efforts on House Democrats ‎suggests that they are anticipating an initial defeat for the agreement in both the ‎House and Senate. That resolution of rejection would of course be vetoed by ‎Obama, requiring opponents to then muster a two-thirds majority in both houses of ‎Congress to override the veto. Assuming all Republicans stick together, that means ‎‎43 House Democrats and 13 Democratic senators would need to vote with ‎Republicans. The president would of course prefer that the opponents of the deal ‎are beaten back the first time Congress votes, which means that no more than ‎five Democratic senators can vote with Republicans on the cloture bill to bring the ‎vote to the Senate floor. The focus on the House means the White House may ‎expect to lose the initial vote in both houses of Congress, and is already working to ‎defeat the override vote, not the initial vote, and has chosen the easier branch of ‎Congress to win — since House Democrats are more partisan and left-leaning than ‎those in the Senate. ‎

California Democratic Congressman Brad Sherman suggested that quite a few ‎House Democrats may oppose the deal initially, but be more cautious of voting to ‎override a presidential veto, which puts them at war with the president. ‎Since the Republican House majority insures defeat for the deal the first time ‎through, voting no on the initial consideration is a free ride for Democrats in the ‎House. Sherman is one of 18 Jewish House Democrats, and only three are certain at ‎this point to side with the White House — Schakowsky, Steve Cohen of Tennessee ‎and Jon Yarmuth of Kentucky. If opponents are to have any chance to successfully ‎override a veto, the Jewish Democrats in both the House and Senate will be a key ‎component of the coalition. With AIPAC taking on a rare public fight with a ‎president, this will be a test for them as well as the White House. We will see ‎whether party loyalty always trumps support for any issue or cause.‎

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