September 9, 2015

BOEHNER CAVES TO CONSERVATIVES ON IRAN VOTE: Looks like pressure from the House conservative Freedom Caucus membership has forced House Speaker John Boehner to agree the House will not pass a resolution disapproving of President Obama’s Iran deal. Instead, the House will apparently vote Friday on the resolution introduced by Rep. Peter Roskam (R-IL), which will state that Obama has not complied with the Corker-Cardin law because he has not submitted the full Iranian nuclear “agreement,” which that law explicitly defines to include all “side deals,” between third parties (including the Iran-IAEA side deals).

The House is also anticipated to now vote on a second resolution, which would state that because the President has failed to submit the “agreement” defined by Corker-Cardin, the President has no corresponding authority to lift any existing Iranian sanctions.

The move by Boehner came after Freedom Caucus members threatened to vote down a planned resolution disapproving of the Iran deal, leaving the House on record as approving the deal. This threat was designed to leverage Boehner via potential political embarrassment, and encourage GOP leadership to consider the Roskam alternative, which will both delay congressional action on the Iran deal, as well as provide a stronger legal basis upon which to challenge any presidential action lifting sanctions.

This alternative approach was first put forth in a Washington Post oped over the weekend by Rep. Mike Pompeo (R-KS) and constitutional lawyer David Rivkin.

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