True, but irrelevant

Republican senators have written an open letter to Iran’s leaders warning them that any agreement with the United States on its nuclear program not approved in Congress can be revoked “with the stroke of a pen” by the next President. That’s true, but irrelevant.

For several reasons:

1. The Iranians already know it. Does anyone in Congress imagine that no one in Tehran knows the difference between a “mere executive agreement” made by the President on his own and a treaty ratified by the Senate? The Iranians are difficult, but not dumb.

2. If a deal is struck, it will have to be one that demonstrably restrains Iran from getting nuclear weapons and gives the world advance warning if it moves in that direction. The Administration is aiming for a one-year breakout time. Does anyone think the next president will jettison an agreement of that sort without any substitute?

3. A move to junk an agreement would not find support even from the United Kingdom and France, much less Germany, Russia and China. Without the support of these other P5+1 countries, the US would be unable to reimpose multilateral sanctions on Iran and would be reduced to the kind of unilateral effort that has proven so fruitless for more than 50 years against Cuba.

I imagine someone in the Iranian Majles is arguing for a reply to the Senators that might read, if it were honest, along the following lines:

If our two current presidents reach an agreement and a future American president reneges on it, our Supreme Leader will ditch Iran’s obligations and do as he wishes. This could include pursuit and deployment of nuclear weapons, though you won’t know because the extra monitoring of our nuclear program provided for in the agreement will no longer apply.

The Iranians of course are far too sophisticated to reply along those lines, but the Senatorial letter will certainly bring joy to the hearts of those hardliners who would like to do so.

The letter is clearly intended to make the negotiations more difficult. Some might even say it is an effort to interfere in them, making the letter a potential violation in spirit of the (never enforced) Logan Act, which prohibits private correspondence with foreign governments “in relation to any disputes or controversies with the United States, or to defeat the measures of the United States.” That is presumably one of the reasons it is an “open” letter.

The Senators’ letter is of course not really about Iran but about American politics, in particular Republican relations with President Obama. The Republicans are trying to restrain him from what they regard as his unjustified and allegedly illegal efforts to shape policy, in particular on immigration, health care and global warming but also more generally on anything they think a Republican president would do differently.

I really don’t know what the next president will do with any nuclear deal the current one comes up with by the end of the month. If the Administration were to ask for Congressional approval, the agreement would be far more binding and harder for the president to undo. It might be preferable if it were an executive agreement and therefore readily abrogated if the need arises. That is something the Republicans should reflect on.