July 25, 2015

IRAN DEAL IS AN IMPEACHABLE OFFENSE: So says Andrew McCarthy in his latest NRO post.

The president “must certainly be punishable for giving false information to the Senate.” One can imagine hearing such counsel from a contemporary United States senator on the receiving end of President Obama’s “full disclosure” of the nuclear deal with Iran. But the admonition actually came from James Iredell, a champion of the Constitution’s ratification, who was later appointed to the Supreme Court by President George Washington.

Iredell was addressing the obligations the new Constitution imposed on the president in the arena of international affairs. Notwithstanding the chief executive’s broad powers to “regulate all intercourse with foreign powers,” it would be the president’s “duty to impart to the Senate every material intelligence he receives.” Indeed, among the most egregious offenses a president could commit would be fraudulently inducing senators “to enter into measures injurious to their country, and which they would not have consented to had the true state of things been disclosed to them.” . . .

After a few days of misdirection, administration officials now admit that there are “side deals” that the administration has not revealed to Congress and does not intend to make public. So far, we know of two “side deals” — who knows how many more there may actually be? As the Center for Security Policy’s Fred Fleitz writes in National Review, they involve (a) a full accounting of Iran’s prior nuclear activities (many of which are believed to have been in blatant violation of international law) and (b) access to the Parchin military base, where Iran has conducted explosive testing related to nuclear missiles. . . .

Now consider this: Under cover of this IAEA ruse, Obama ran to the Security Council and rammed through a resolution commencing implementation of his Iran deal before Congress or the American people could consider it. He thus undermined American sovereignty and the Constitution by scheming to impose an international-law fait accompli. And he thus undermined American national security by transferring his inspection commitments to an international agency that he knows is not close to being capable of executing them — an agency that will be further hampered by notice restrictions that, as Charles Krauthammer concludes, render the inspections “farcical” in any event.

The Constitution forbids providing aid and comfort to America’s enemies. And the Framers’ notion that a president would be punishable for deceiving Congress regarding the conduct of foreign affairs meant that lawmakers would be obliged to use their constitutional powers to protect the United States — not merely shriek on cable television as if they were powerless spectators.

Well?

McCarthy’s right, of course. But as his ending query reveals, no one realistically expects the Republican establishment to call for impeachment, despite the fact that the House GOP could issue articles of impeachment with a simple majority vote, sending the case to the Senate for conviction (which would require 2/3 supermajority).

Why not? Because the GOP leadership has given up, and like a jilted lover, is trying so hard to “look the other way” that it no longer sees the obvious, and has lost all self-confidence in its own power, and the power of the truth. It also is betting the farm–i.e., the country–that the U.S. can survive another 18 months of an Obama presidency, and that the next (hopefully) GOP President can magically “cure” all of the Obama-induced cancers. It’s a risky and stupid gamble.

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