The Iran Deal Had No Binding Force under International or Domestic Law

Susan Rice and Ben Rhodes, both former members of President Obama’s National Security Council, have complained publicly that the current president’s decision to withdraw from the 2015 agreement with Iran “undermines the credibility of the United States” and weakens its reputation. But, as Jack Goldsmith explains, the deal had no binding legal status, and these complaints are without merit:

Presidents have the clear authority to make nonbinding political commitments. That is why I defended the legality of the Iran deal (as opposed to its wisdom) at the time [it was being concluded]. But whenever a president makes an agreement as a political commitment rather than as a binding agreement under international law, he is making a tradeoff. On the one hand, the president can avoid the need for approval from the Senate or Congress and make the international deal despite domestic opposition. On the other hand, a political commitment has no binding force under international or domestic law—and there is thus a danger that it will not be honored by a subsequent president. . . .

The Obama team was aware of this tradeoff, but it knew it had no chance to secure approval for the Iran deal from Congress. . . . For Obama to join the agreement that he thought so crucial to the fate of the world, he needed a constitutional mechanism that avoided the need for approval by Congress: . . . easier to make, easier to break. . . .

[Y]ou don’t get to make an enormously consequential international deal in the face of opposition from Congress, skirt the need for congressional consent by making the agreement nonbinding under domestic and international law, and then complain about a withdrawal from the fragile nonbinding agreement you made when a new president who ran on the issue and won does what a majority of Congress wanted at the time.

Agreements that have the approval of the Senate or Congress tend to be longer-lasting and more durable. . . . The Obama administration . . . pledged the reputation of the nation, even though it knew the Iran deal was nonbinding and lacked approval among the nation’s elected representatives. If the United States’ reputation for upholding agreements takes a hit, the responsibility for that outcome lies squarely with the original decision by the Obama administration to make the hugely consequential deal on its own.

Read more at Lawfare

More about: Barack Obama, International Law, Iran nuclear program, Politics & Current Affairs, Susan Rice, U.S. Constitution, U.S. Foreign policy

Leaking Israeli Attack Plans Is a Tool of U.S. Policy

April 21 2025

Last week, the New York Times reported, based on unnamed sources within the Trump administration, that the president had asked Israel not to carry out a planned strike on Iranian nuclear facilities. That is, somebody deliberately gave this information to the press, which later tried to confirm it by speaking with other officials. Amit Segal writes that, “according to figures in Israel’s security establishment,” this is “the most serious leak in Israel’s history.” He explains:

As Israel is reportedly planning what may well be one of its most consequential military operations ever, the New York Times lays out for the Iranians what Israel will target, when it will carry out the operation, and how. That’s not just any other leak.

Seth Mandel looks into the leaker’s logic:

The primary purpose of the [Times] article is not as a record of internal deliberations but as an instrument of policy itself. Namely, to obstruct future U.S. and Israeli foreign policy by divulging enough details of Israel’s plans in order to protect Iran’s nuclear sites. The idea is to force Israeli planners back to the drawing board, thus delaying a possible future strike on Iran until Iranian air defenses have been rebuilt.

The leak is the point. It’s a tactical play, more or less, to help Iran torpedo American action.

The leaker, Mandel explains—and the Times itself implies—is likely aligned with the faction in the administration that wants to see the U.S. retreat from the world stage and from its alliance with Israel, a faction that includes Vice-President J.D. Vance, Director of National Intelligence Tulsi Gabbard, and the president’s own chief of staff Susie Wiles.

Yet it’s also possible, if less likely, that the plans were leaked in support of administration policy rather than out of factional infighting. Eliezer Marom argues that the leak was “part of the negotiations and serves to clarify to the Iranians that there is a real attack plan that Trump stopped at the last moment to conduct negotiations.”

Read more at Commentary

More about: Donald Trump, Iran nuclear program, U.S.-Israel relationship