Category Archives: Donald Trump

Don’t let Trump hide behind the Constitution in ending DACA

Adam Cox and Cristina Rodríguez write: On Tuesday, the Trump administration formally announced its decision to end one of President Obama’s signature immigration accomplishments—the Deferred Action for Childhood Arrivals policy (DACA). Designed to protect Dreamers, that policy has insulated from deportation as many as 800,000 young people who were brought to the United States as children. Attorney General Jeff Sessions claims that the Obama Administration violated the Constitution when it decided, as a matter of prosecutorial discretion, not to deport Dreamers and instead to invest enforcement resources elsewhere. But Sessions’ position is both wrong and disingenuous. The Constitution’s Take Care Clause has never barred under-enforcement of the law. And Sessions knows that. Since assuming office he has spearheaded the under-enforcement of several laws. Dreamers simply don’t count in his and Trump’s books the way others do. That’s a policy choice. Not a constitutionally required one.

Jeff Sessions knows all too well that, when fulfilling the constitutional duty to enforce the law, administrations from both parties have historically had broad discretion to decide when and how the law should be enforced. This is true not just for immigration, but also with respect to criminal prosecutions, civil rights laws, and regulatory enforcement actions on matters as diverse as the environment, antitrust, and labor law. And it is not at all uncommon for the Department of Justice or other agencies to decide that enforcing the law against a particular group of people is neither just nor worth their limited time and resources.

In fact, Sessions himself has already announced radical shifts in enforcement priorities, particularly in the domain of civil rights. He no longer intends for the Justice Department to exercise supervisory authority over state and local police departments to ensure that they comply with basic civil rights laws. The Department appears to be looking for ways of abandoning consent decrees in school desegregation cases. And it almost certainly has no intention of enforcing the voting rights act in a rigorous fashion. [Continue reading…]

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Attorneys general across the U.S. threaten to sue Trump over DACA

The Hill reports: Democratic attorneys general across the country have threatened to sue President Trump over his decision Tuesday to rescind the Deferred Action for Childhood Arrivals (DACA) program, opening another front in the growing legal war between blue states and the Republican administration.

In public statements and letters to the Trump administration, 20 attorneys general urged Trump not to follow through on threats to end the five-year-old program, which allows those brought into the country illegally as children to work and live free of the threat of deportation.

“Ending DACA is un-American, and it’s going to threaten the health and safety of many individuals,” New Mexico Attorney General Hector Balderas (D) told The Hill. “Various attorneys general from across the country are preparing to defend DACA recipients. The Constitution applies [to them] as well in terms of equal protection and due process.” [Continue reading…]

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Obama calls Trump’s decision to end DACA ‘wrong,’ ‘self-defeating’ and ‘cruel’

The Washington Post reports: Former president Barack Obama said Tuesday that it is “wrong,” “self-defeating” and “cruel” for the Trump administration to end an Obama-era program that allowed younger undocumented immigrants to continue to live in the United States without fear of deportation.

“Let’s be clear: The action taken today isn’t required legally. It’s a political decision, and a moral question,” Obama said in a lengthy statement posted on his Facebook page on Tuesday afternoon, following an announcement earlier in the day that the Trump administration will unwind the program, pending action from Congress in the next six months. “Whatever concerns or complaints Americans may have about immigration in general, we shouldn’t threaten the future of this group of young people who are here through no fault of their own, who pose no threat, who are not taking away anything from the rest of us. … Kicking them out won’t lower the unemployment rate, or lighten anyone’s taxes, or raise anybody’s wages.” [Continue reading…]

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Hurricane Harvey and the storms to come

Elizabeth Kolbert writes: On August 29, 2005, at six-ten in the morning, Hurricane Katrina made landfall on the border of Mississippi and Louisiana, just east of New Orleans. Katrina had spent days wobbling over the Gulf of Mexico, and by the time it reached the coast it was classified as a strong Category 3 storm. As it pressed inland, its winds, which were clocked at up to a hundred and twenty-five miles an hour, pushed water from the Gulf westward into Lake Pontchartrain, and north, up a mostly abandoned shipping canal. The levees that were supposed to protect New Orleans failed, and low-lying neighborhoods were inundated. That day in Louisiana, at least six hundred and fifty people died.

Katrina was widely described as a “wake-up call” for a country in denial about climate change. President George W. Bush and his Vice-President, Dick Cheney, during their first term, had withdrawn the United States from a global climate agreement and dismissed the findings of the government’s own climate scientists. Now, a few months into their second term, the nation was facing just the sort of disaster that the scientists had warned about. Even if global warming hadn’t caused Katrina, clearly it had intensified the damage: with higher sea levels come higher storm surges. And, with sea surface temperatures rising, there was more energy to fuel hurricanes, and more evaporation, which inevitably produces more rain. “How many killer hurricanes will it take before America gets serious about global warming?” the journalist Mark Hertsgaard asked at the time.

Last week, as Hurricane Harvey lingered over Houston, dumping so much water on the city that the National Weather Service struggled to find ways to describe the deluge, this question sloshed back to mind. Again, climate change can’t be said to have caused Harvey, but it unquestionably made the storm more destructive. When Harvey passed over the western part of the Gulf, the surface waters in the region were as much as seven degrees warmer than the long-term average. “The Atlantic was primed for an event like this,” Kevin Trenberth, a senior scientist at the National Center for Atmospheric Research, told the Guardian.

Harvey was less lethal than Katrina; as of this writing, forty-six storm-related deaths have been confirmed. But in financial terms the storm’s costs are likely to be as high or even higher. One estimate put the price of repairing homes, roads, businesses, and the petrochemical plants that line the Houston Ship Channel at a hundred and ninety billion dollars. And that estimate was made before storm-damaged plants started to explode.

As misguided as the Bush Administration was about climate change, Donald Trump has taken willful ignorance to a whole new level. [Continue reading…]

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Russian politician says ‘let’s hit Trump with our Kompromat’ on state TV

The Independent reports: A Russian politician has threatened to “hit Donald Trump with our Kompromat” on state TV.

Speaking on Russia-24, Nikita Isaev, leader of the far-right New Russia Movement, said the compromising material should be released in retaliation over the closure of several Russian diplomatic compounds across the US.

When asked whether Russia has such material, Mr Isaev, who is also director of the Russian Institute of Contemporary Economics, replied: “Of course we have it!”

The exchanges were first translated and reported by Russian media analyst Julia Davis. [Continue reading…]

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Trump ‘crushed’ by planned departure of one of his closest confidants

Bloomberg reports: President Donald Trump’s allies are worried that the most damaging of the many recent departures from his White House may be that of Keith Schiller, a little-known former bodyguard who’s one of the president’s closest confidants outside his family.

Schiller is leaving the White House soon to return to the private security business, according to three people familiar with his plans, for a job that will pay far more than his $165,000 government salary. His title, director of Oval Office operations, hardly begins to describe his importance to Trump, who is “crushed” by his planned departure, according to one person close to the president.

Multiple people interviewed described Schiller as an emotional anchor for the president in a White House often marked by turmoil. Schiller has worked for Trump for nearly two decades, and within the West Wing he serves as the president’s protector, gate-keeper and wing man, according to people close to Schiller and Trump. Most of the people requested anonymity to candidly discuss relationships between the president and his aides.

“He’s a confidant and friend,” said Stuart Jolly, a former national field director for Trump’s presidential campaign. Trump “trusts Keith, and Keith trusts him. Trust is a really big deal at that level.”

Schiller has also acted as Trump’s hatchet-man. It was Schiller who told James Comey that the president had decided to fire him as FBI director. Two weeks ago, after Trump was angered by preparations for a rally in Phoenix, Schiller delivered the message to another longtime aide, George Gigicos, that Trump no longer wanted him to organize such events, according to three people familiar with the matter. [Continue reading…]

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Cold War lessons in coercive diplomacy for dealing with North Korea today

Michael McFaul writes: Unfortunately, like many national security debates these days, our national discussion about how to address the growing North Korean threat has quickly become polarized between two extreme positions. In one corner, President Trump has threatened a preemptive military strike in response (I’m paraphrasing his remarks into more analytic terms) to new threats from the North Korean regime. In reaction, Trump opponents have advocated the exact opposite — talks with Kim Jong-un. Both of these options are insufficient. In fact, threatening nuclear war or proposing talks are only partial strategies at best, slogans at worst, for dealing with one of our most pressing national security challenges. What we need instead is first a clearly defined objective, then second a smart mix of both diplomacy and pressure — coercive diplomacy — to achieve that national security goal.

Coercive diplomacy served the United States well in deterring and then reducing the Soviet threat during the Cold War. This same strategy can also work against a much less formidable North Korean foe. Like Stalin, Kim Jong-un is a ruthless dictator, capable of unspeakable crimes against his citizens. But he is not irrational. Like his grandfather and father, he can be deterred. And he might be capable of doing a deal.

All effective national security policies must start with defining the objectives before pivoting to discussions about how to achieve them. Right now, our objectives regarding North Korea are ill-defined and many. Some, including Trump administration officials, argue for denuclearization. Others seek regime change and reunification. Diminishing the North Korean nuclear program through limited military strikes is a third objective proffered. A fourth camp advocates the removal of Kim Jong-un, or decapitation of the regime. A fifth group advocates a more modest goal — the resumption of talks with the North Korean government. The Trump administration itself sends conflicting messages about its objectives.

All of these must be set aside for now. While Kim Jong-un and his regime remain in power, denuclearization is not a realistic goal. The North Korean leader rationally believes that possession of nuclear weapons helps to deter threats to his regime, including first and foremost from the United States. No amount of coercion or diplomacy will ever convince him otherwise. Foreign induced regime change or leader decapitation also is not a realistic goal. Tragically, the North Korean dictatorship has demonstrated real resilience in the face of famine, sanctions and international isolation. American efforts to strengthen internal opposition have not produced pressure on the regime. Assassination or decapitation, even if it could be done (and I am skeptical) would not compel the next North Korean leader to give up his nuclear weapons. On the contrary, the effect would be the exact opposite. And nothing more will rally North Koreans to defend their government than such an action. Nor should resumption of talks be the goal of our efforts. Talks are the means to achieve other objectives, not the objective in and of itself.

Instead, our singular focus for the short term must be to freeze the North Korean nuclear weapons and missile programs. Early arms control during the Cold War (SALT) slowed the acceleration of nuclear weapons acquisition, creating the predicate for eventual weapons reduction in later negotiations (START). The same sequence must be embraced now with North Korea. The objective of freezing North Korean nuclear and missile programs would enhance American national security as well as the security of allies. This objective is also obtainable. [Continue reading…]

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Obama protected me from deportation. Will Trump return me to the shadows?

Ivy Teng Lei writes: I was seven years old when my family and I arrived at JFK Airport in New York City on a visitor’s visa in 1998. Our visa eventually expired and with no way of renewing our papers in the United States, we decided to stay on without documents after falling in love with this country and its promise for a better future.

“Living in the shadows” is a very accurate way of describing our way of life. We never caused trouble, never asked for more than what we were given, and were perpetually afraid to attract anyone’s attention.

People like me – who came to America as children and are currently without papers – are the reason that the Obama administration introduced the Deferred Action for Childhood Arrivals (Daca) program in 2012. Daca protected us from deportation and over 800,000 young people currently benefit from it.

When the program was first introduced, I was hesitant to apply because it meant that I would have to expose my immigration status to the government. In the application I was asked for my travel documents, where I lived in the last 10 years, my education record and fingerprints for an extensive background check.

Once I was approved, I was given temporary relief from deportation, a two-year work permit, and a nine-digit social security number that I can use to work, get health insurance and travel domestically.

It’s been 5 years since I received this protected status. Today, I worry that my worst fears will come true and the government will use the information I gave against me. The Trump administration, by all accounts, intends to escalate it’s psychological warfare against us by terminating Daca. I am deeply afraid for what that will mean for my future. [Continue reading…]

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Sebastian Gorka played for the ‘deplorables’ — he just didn’t know the rules

Michael Vlahos writes: Sebastian Gorka was a subaltern mini-me of the emperor himself: in which his media appearances were also meant to stoke emotional fires within the legions. Like throwing red meat to lions in the arena, Gorka presented himself as a living affront to the aristocratic class—Washington’s rulers—in the realm of strategy and war. Take that, you sniveling Yuppie handmaids!

Truth was, the shiv was out for him among the courtier class, and he offered them an easy target.

Paradoxically, Gorka started showing his chinks and weak spots shortly after his first, successful, ceremonial performances. [Daniel] Drezner relished, like other anti-Red courtiers, how Gorka began to take mortal offense at the razor-like, if understandable, critique of his bona fides. His notoriously thin skin became as celebrated among Blue stiletto artists as his notorious Fox News eruptions.

Rather than lashing out at his Yuppie tormentors, Gorka should have reveled in his stained professional notoriety, throwing slings and arrows right back at the madding crowd. Rather than taking shrill umbrage when mere students impugned his bona fides, he might have instructed them: “This is what you get for creating venal PhD-for-profit factories to enrich a debased university system.” Or, “Are ideas now to be ranked according to a Miss Manners’ pecking order, like a latter day Pride and Prejudice?”

Thus, in the colorful Trumpian parade, Sebastian Gorka got it half right. The power of the emperor remains undiminished, because it still relies on two unimpeachable sources of authority: 1) That the elites, both Blue and Never Trump Red, still cannot recognize their enabling role, and so continue to blurt out, reinforce, and re-ratify the hated emperor; and 2) That a never-apologize, throw-it-back-always, and make your-double-down-better ethos will always authenticate your commitment to the legions who acclaimed you emperor in the first place. [Continue reading…]

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Warning from Mattis makes war more likely than ever

Emile Simpson writes: U.S. Defense Secretary James Mattis delivered a pithy response on Sunday to North Korea’s nuclear test earlier that day. This was the core of the statement: “Any threat to the United States or its territories including Guam or our allies will be met with a massive military response, a response both effective and overwhelming.”

Global markets barely moved upon opening on Monday, which was consistent with the broader treatment of these words as just more of the same from Washington. But that is to misinterpret Mattis, whose words represent a significant escalation in U.S. policy: The probability of a U.S. strike on North Korea has clearly risen.

Compare Mattis’ statement with the key part of Donald Trump’s remarks on August 8, in which the president said, “North Korea best not make any more threats to the United States. They will be met with fire and fury like the world has never seen.”

First, context. On August 8, Trump spoke off the cuff from a golf club during a discussion on opioids, which left ambiguous how far his words represented the administration’s position. Mattis spoke outside the White House, flanked by the chairman of the Joint Chiefs of Staff, Marine General Joseph Dunford, in a scripted statement, in which each word had clearly been carefully chosen.

Second, speaker. We have become accustomed to Trump’s remarks being contradicted by members of his administration, or by his own subsequent statements. But not so with Mattis, who is one of the most highly respected military officers of his generation. When Mattis speaks, you listen to each word. And the two key words in Mattis’ statement were “will be”: Not “might be”, but will be. That tells us that if North Korea makes a threat that meets the administration’s definition, the next step is a U.S. strike, rather than more diplomacy. [Continue reading…]

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South Korea’s defense minister suggests return of tactical U.S. nuclear weapons

The Washington Post reports: South Korea’s defense minister on Monday said it was worth reviewing the redeployment of American tactical nuclear weapons to the Korean Peninsula to guard against the North, a step that analysts warn would sharply increase the risk of an accidental conflict.

But in New York, Nikki Haley, the U.S. ambassador to the United Nations, said the regime of North Korean leader Kim Jong Un was “begging for war.”

And even as concern over Korea deepened following North Korea’s huge nuclear test Sunday, South Korea’s defense ministry said Monday that Pyongyang might be preparing to launch another missile into the Pacific Ocean, perhaps an intercontinental ballistic missile theoretically capable of reaching the mainland United States.

President Trump and his South Korean counterpart, Moon Jae-in, spoke on the phone for 40 minutes Monday night, Korean time — some 34 hours after the nuclear test and more than 24 hours after Trump took to Twitter to criticize Moon’s “talk of appeasement.”

The two agreed to remove the limit on allowed payloads for South Korean missiles — something Seoul had been pushing for — as a way to increase deterrence against North Korea, according to a read-out of the phone call from South Korea’s Blue House.

They also agreed to work together to punish North Korea for Sunday’s nuclear test, including by pushing for tougher sanctions through the United Nations.

In a later phone call, Trump and German Chancellor Angela Merkel came to the same conclusion, Reuters reported. [Continue reading…]

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Russia probes kick into high gear

Politico reports: The congressional Russia investigations are entering a new and more serious phase as lawmakers return from the August recess amid fresh revelations about contacts between the Trump campaign and Russia.

In the coming weeks, both intelligence committees are expected to conduct closed-door interviews with high-ranking members of the Trump campaign, and potential witnesses could include Michael Cohen, Paul Manafort and Donald Trump Jr.

The two panels are also looking at possibly holding public hearings this fall.

In addition, Trump Jr. is set to appear before the Senate Judiciary Committee, which is conducting its own parallel investigation into President Donald Trump and his associates’ alleged ties to Moscow.

The return of the congressional Russia probes also means the return of a phenomenon that has reportedly enraged Trump and caused him to lash out at GOP leaders: constant headlines about the latest incremental developments in these sprawling and unwieldy investigations. [Continue reading…]

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How business leaders are trying to convince Congress to save the ‘Dreamers’ from Trump

The Washington Post reports: Business leaders across industries, from tech to agriculture, are appealing to Congress to protect nearly 800,000 undocumented workers from deportation as President Trump is expected on Tuesday to announce a plan to revoke their permission to work.

The Trump administration has indicated it would phase out the five-year-old Deferred Action for Childhood Arrivals (DACA) program, which allowed immigrants who have lived in the United States illegally since they were children to work without punishment.

Politico first reported Sunday night that Trump plans to rescind the program but delay enforcement for six months to give Congress time to pass legislation to replace the Obama-era provision.

“This is not the end of the story. Congress can act today,” said Jeremy Robbins, executive director of New American Economy in an interview Monday. “We have been gearing up for this big fight that we hope is coming.”

Robbins said the national business coalition, founded by former New York mayor Michael Bloomberg to advocate for immigration reform, will have more than 100 corporate and conservative leaders lined up in at least 15 states by Tuesday to begin pressuring Congress to act. [Continue reading…]

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After Harvey, Trump administration reconsiders flood rules it just rolled back

The Washington Post reports: A couple of weeks ago President Trump scrapped Obama-era rules, intended to reduce the risks posed by flooding, that established new construction standards for roads, housing and other infrastructure projects that receive federal dollars.

Trump derided these restrictions, which were written in response to growing concerns over the impact of climate change, and other federal rules as useless red tape holding back the economy.

“This overregulated permitting process is a massive, self­inflicted wound on our country — it’s disgraceful — denying our people much-needed investments in their community,” he said in the lobby of Trump Tower in New York during an event to tout his infrastructure policies.

But now, in the wake of the massive flooding and destruction caused by Hurricane Harvey along the Gulf Coast, the Trump administration is considering whether to issue similar requirements to build higher in flood-prone areas as the government prepares to spend billions of dollars in response to the storm.

This potential policy shift underscores the extent to which the reality of this week’s storm has collided with Trump officials’ push to upend President Barack Obama’s policies and represents a striking acknowledgment by an administration skeptical of climate change that the government must factor changing weather into some of its major infrastructure policies. [Continue reading…]

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Trump must stop lashing out at allies if he wants to rein in North Korea

Time reports: Following North Korea’s sixth nuclear test on Sunday morning, which triggered a 5.7 magnitude tremor that shook buildings as far away as northeastern China, the world rounded on the pariah state with unified opprobrium.

Japanese Prime Minister Shinzo Abe called the test “absolutely unacceptable,” while China’s Foreign Ministry “strongly condemned” it. Australian Prime Minister Malcolm Turnbull denounced Kim Jong Un’s “cruel and evil dictatorship.” Russia urged “all interested parties to immediately return to dialogue and negotiations as the only possible way for an overall settlement of the problems of the Korean peninsula.”

Donald Trump also joined the chorus, tweeting that North Korea’s “words and actions continue to be very hostile and dangerous to the United States.” But then the U.S. President immediately turned on Washington’s closest regional ally, not to mention the frontline state in any possible conflict: “South Korea is finding, as I have told them, that their talk of appeasement with North Korea will not work, they only understand one thing!” he tweeted.

Trump’s outburst is hard to read given that South Korean President Moon Jae-in on Friday agreed to ramp up hosting of the U.S. THAAD anti-missile batteries following North Korea’s latest ballistic missile launches. After Sunday’s estimated 120 kiloton nuclear test, which the regime claimed was a missile-ready hydrogen bomb, that deployment is poised to be ratified domestically. Although Moon was indeed elected in May upon promises to put THAAD under review, and urging dialogue with the North, Trump’s charge of appeasement is hard to justify. As such, the tweet was another of Trump’s capricious utterances on social media that put allies as well as enemies on edge.

“You’ve got this massive crisis and the President of the United States is basically undermining the alliance,” says Prof. Stephan Haggard, a Korea expert at the UC San Diego School of Global Policy and Strategy. “It’s appalling. Rather that standing in solidarity with Moon Jae-in he’s badmouthing him.” [Continue reading…]

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Seoul tries to ignore Trump’s criticism: ‘They worry he’s kind of nuts,’ one observer says

The Washington Post reports: South Korea’s president tried late Sunday to dismiss talk of a dispute between Seoul and Washington over how to deal with North Korea following its sixth nuclear test, after President Trump criticized the South Korean approach as “appeasement.”

Moon Jae-in’s office said that his government would continue to work towards peaceful denuclearization after tweets and actions from Trump that have left South Koreans scratching their heads at why the American president is attacking an ally at such a sensitive time.

As if to underline Seoul’s willingness to be tough, the South Korean military conducted bombing drills at dawn Monday, practicing ballistic missile strikes on the North Korean nuclear test site at Punggye-ri.

The South Korean military calculated the distance to the site and practiced having F-15 jet fighters accurately hit the target, the joint chiefs of staff said Monday morning.

“This drill was conducted to send a strong warning to North Korea for its sixth nuclear test,” it said.

After North Korea conducted its nuclear test Sunday, Trump tweeted: “South Korea is finding, as I have told them, that their talk of appeasement with North Korea will not work, they only understand one thing!”

Trump did not talk to Moon on the phone Sunday — in stark contrast to the two calls he had with Shinzo Abe, the prime minister of Japan and a leader who has proven much more willing to agree with his American counterpart. This will worsen anxieties in Seoul that Tokyo is seen as “the favorite ally,” analysts said. [Continue reading…]

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Trump’s next self-inflicted crisis is a nuclear Iran

Jeffrey Lewis writes: Oct. 15, 2017. Put it in your calendar.

By that date, President Donald Trump must yet again certify that Iran is in compliance with the terms of the Joint Comprehensive Plan of Action.

Indeed, owing to the infinite wisdom of the “world’s greatest deliberative body,” the U.S. Senate, the president must make such a certification every 90 days. Trump has done so twice, although each time at the last possible moment and only following a knock-down, drag-out fight in which a bunch of globalist cucks, also known as Trump’s national security team, implored him not to walk away from the agreement. In an interview with the Wall Street Journal, Trump said, “If it was up to me, I would have had them noncompliant 180 days ago.”

Which is a weird thing to say because, you know, it is up to him whether to certify that Iran is in compliance. If Trump simply does nothing, Congress can reimpose sanctions on an expedited basis, which it would almost certainly do, thereby possibly collapsing the agreement.

The Iranians, of course, have noticed this little carnival of bellicosity. Both President Hassan Rouhani and Ali Akbar Salehi, the head of the nuclear energy program, recently said that if the United States reimposes sanctions, Iran could quickly resume a limited number of nuclear activities. These statements were widely misquoted, as Ariane Tabatabai notes, but they remind us that Iran is contemplating its options.

So it is time for a stark warning: If the United States walks away from the JCPOA, Iran could have a nuclear-armed intercontinental ballistic missile (ICBM) much more quickly than you might think, possibly before Trump leaves office.

The United States walked away from the Agreed Framework with North Korea in 2003. Three years later, North Korea exploded its first nuclear weapon. This summer, North Korea started testing long-range missiles that can carry those nuclear weapons to cities in the United States like New York and Los Angeles.

If the United States walks away from the JCPOA, Iran could do the same thing — only faster. This is admittedly a worst-case scenario, but as you may have noticed last November, unlikely, even unthinkable things occasionally do happen. [Continue reading…]

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