Full Text Political Transcripts February 9, 2017: 9th Circuit of Appeal Denies Reinstatement of President Donald Trump’s Travel Ban Washington v Trump Opinion

POLITICAL TRANSCRIPTS

TRUMP PRESIDENCY & 115TH CONGRESS:

State of Washington & State of Minnesota v. Trump

02/09/2017

Published Order Denying Stay PD

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STATE OF WASHINGTON; STATE OF    No. 17-35105
MINNESOTA,    D.C. No.
Plaintiffs-Appellees,
v.    2:17-cv-00141

DONALD J. TRUMP, President of the    ORDER
United States; U.S. DEPARTMENT OF
HOMELAND SECURITY; REX W.
TILLERSON, Secretary of State; JOHN
F. KELLY, Secretary of the
Department of Homeland Security;
UNITED STATES OF AMERICA,
Defendants-Appellants.

Motion for Stay of an Order of the
United States District Court for the
Western District of Washington
James L. Robart, District Judge, Presiding
Argued and Submitted February 7, 2017

Filed February 9, 2017
Before: William C. Canby, Richard R. Clifton, and
Michelle T. Friedland, Circuit Judges
Per Curiam Order

COUNSEL
August E. Flentje (argued), Special Counsel to the Assistant Attorney General; Douglas N. Letter, Sharon Swingle, H. Thomas Byron, Lowell V. Sturgill Jr., and Catherine Dorsey, Attorneys, Appellate Staff; Chad A. Readler, Acting Assistant Attorney General; Noel J. Francisco, Acting Solicitor General; Civil Division, United States Department of Justice, Washington, D.C., for Defendants-Appellants.
Noah G. Purcell (argued), Solicitor General; Marsha Chien and Patricio A. Marquez, Assistant Attorneys General; Colleen M. Melody, Civil Rights Unit Chief; Anne E. Egeler, Deputy Solicitor General; Robert W. Ferguson, Attorney General; Attorney General’s Office, Seattle, Washington; for Plaintiff-Appellee State of Washington.
Jacob Campion, Assistant Attorney General; Alan I. Gilbert, Solicitor General; Lori Swanson, Attorney General; Office of the Attorney General, St. Paul, Minnesota; for Plaintiff-Appellee State of Minnesota.

ORDER
PER CURIAM:
At issue in this emergency proceeding is Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” which, among other changes to immigration policies and procedures, bans for 90 days the entry into the United States of individuals from seven countries. Two States challenged the Executive Order as unconstitutional and violative of federal law, and a federal district court preliminarily ruled in their favor and
temporarily enjoined enforcement of the Executive Order. The Government now moves for an emergency stay of the district court’s temporary restraining order while its appeal of that order proceeds.
To rule on the Government’s motion, we must consider several factors, including whether the Government has shown that it is likely to succeed on the merits of its appeal, the degree of hardship caused by a stay or its denial, and the public interest in granting or denying a stay. We assess those factors in light of the limited evidence put forward by both parties at this very preliminary stage and are mindful that our analysis of the hardships and public interest in this case involves particularly sensitive and weighty concerns on both sides. Nevertheless, we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.
Background
On January 27, 2017, the President issued Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States” (the “Executive Order”). 82 Fed. Reg. 8,977. Citing the terrorist attacks of September 11, 2001, and stating that “numerous foreign-born individuals have been convicted or implicated in terrorism-related crimes” since then, the Executive Order declares that “the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles.” Id. It asserts, “Deteriorating conditions in certain countries due to war, strife, disaster, and civil unrest increase the likelihood that terrorists will use any means possible to enter the United States. The United States must be vigilant during the visa-issuance process to ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism.” Id.
The Executive Order makes several changes to the policies and procedures by which non-citizens may enter the United States. Three are at issue here. First, section 3(c) of the Executive Order suspends for 90 days the entry of aliens from seven countries: Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. 82 Fed. Reg. 8,977- 78 (citing the Immigration and Nationality Act (INA) § 217(a)(12), codified at 8 U.S.C. § 1187(a)(12)). Second, section 5(a) of the Executive Order suspends for 120 days the United States Refugee Admissions Program. 82 Fed. Reg. 8,979. Upon resumption of the refugee program, section 5(b) of the Executive Order directs the Secretary of State to prioritize refugee claims based on religious persecution where a refugee’s religion is the minority religion in the country of his or her nationality. Id. Third, section 5(c) of the Executive Order suspends indefinitely the entry of all Syrian refugees. Id. Sections 3(g) and 5(e) of the Executive Order allow the Secretaries of State and Homeland Security to make case-by-case exceptions to these provisions “when in the national interest.” 82 Fed. Reg. 8,978- 80. Section 5(e) states that situations that would be in the national interest include “when the person is a religious minority in his country of nationality facing religious persecution.” 82 Fed. Reg. 8,979. The Executive Order requires the Secretaries of State and Homeland Security and the Director of National Intelligence to evaluate the United States’ visa, admission, and refugee programs during the periods in which entry is suspended. 82 Fed. Reg. 8,977-80.

The impact of the Executive Order was immediate and widespread. It was reported that thousands of visas were immediately canceled, hundreds of travelers with such visas were prevented from boarding airplanes bound for the United States or denied entry on arrival, and some travelers were detained. Three days later, on January 30, 2017, the State of Washington filed suit in the United States District Court for the Western District of Washington, challenging sections 3(c), 5(a)-(c), and 5(e) of the Executive Order, naming as defendants the President, the Secretary of the Department of Homeland Security, the Secretary of State, and the United States (collectively, “the Government”). Washington alleged that the Executive Order unconstitutionally and illegally stranded its residents abroad, split their families, restricted their travel, and damaged the State’s economy and public universities in violation of the First and Fifth Amendments, the INA, the Foreign Affairs Reform and Restructuring Act, the Religious Freedom Restoration Act, and the Administrative Procedure Act. Washington also alleged that the Executive Order was not truly meant to protect against terror attacks by foreign nationals but rather was intended to enact a “Muslim ban” as the President had stated during his presidential campaign that he would do.
Washington asked the district court to declare that the challenged sections of the Executive Order are illegal and unconstitutional and to enjoin their enforcement nationwide. On the same day, Washington filed an emergency motion for a temporary restraining order (TRO) seeking to enjoin the enforcement of sections 3(c), 5(a)-(c), and 5(e) of the Executive Order. Two days later, Washington’s Complaint was amended to add the State of Minnesota as a plaintiff and to add a claim under the Tenth Amendment. Washington and Minnesota (collectively, “the States”) jointly filed an amended motion for a TRO. The Government opposed the motion the next day, and the district court held a hearing the day after that.
That evening, the court entered a written order granting the TRO. Washington v. Trump, No. C17-0141-JLR, 2017 WL 462040 (W.D. Wash. Feb. 3, 2017) . The district court preliminarily concluded that significant and ongoing harm was being inflicted on substantial numbers of people, to the detriment of the States, by means of an Executive Order that the States were likely to be able to prove was unlawful. Id. at *2. The district court enjoined and restrained the nationwide enforcement of sections 3(c) and 5(a) -(c) in their entirety. Id. It enjoined section 5(e) to the extent that section “purports to prioritize refugee claims of certain religious minorities,” and prohibited the government from “proceeding with any action that prioritizes the refugee claims of certain religious minorities.” The court also directed the parties to propose a briefing schedule for the States’ request for a preliminary injunction and denied the Government’s motion to stay the TRO pending an emergency appeal. Id. at *3.
The Government filed a notice of appeal the next day and sought an emergency stay in this court, including an immediate stay while its emergency stay motion was under consideration. We denied the request for an immediate stay and set deadlines for the filing of responsive and reply briefs on the emergency stay motion over the next two days.1 Washington v. Trump, No. 17-35105, 2017 WL 469608 (9th Cir. Feb. 4, 2017). The motion was submitted after oral argument was conducted by telephone.
1 We have also received many amicus curiae briefs in support of both the Government and the States.

Appellate Jurisdiction
The States argue that we lack jurisdiction over the Government’s stay motion because the Government’s appeal is premature. A TRO is not ordinarily appealable.
See Bennett v. Medtronic, Inc., 285 F.3d 801, 804 (9th Cir. 2002). We may nonetheless review an order styled as a TRO if it “possesses the qualities of a preliminary injunction.”
Serv. Emps. Int’l Union v. Nat’l Union of Healthcare Workers, 598 F.3d 1061, 1067 (9th Cir. 2010). This rule has ordinarily required the would-be appellant to show that the TRO was strongly challenged in adversarial proceedings before the district court and that it has or will remain in force for longer than the fourteen-day period identified in Federal Rule of Civil Procedure 65(b). See, e.g., id.
We are satisfied that in the extraordinary circumstances of this case, the district court’s order possesses the qualities of an appealable preliminary injunction. The parties vigorously contested the legal basis for the TRO in written briefs and oral arguments before the district court. The district court’s order has no expiration date, and no hearing has been scheduled. Although the district court has recently scheduled briefing on the States’ motion for a preliminary injunction, it is apparent from the district court’s scheduling order that the TRO will remain in effect for longer than fourteen days. In light of the unusual circumstances of this case, in which the Government has argued that emergency relief is necessary to support its efforts to prevent terrorism, we believe that this period is long enough that the TRO should be considered to have the qualities of a reviewable preliminary injunction.
Standing
The Government argues that the district court lacked subject matter jurisdiction because the States have no standing to sue. We have an independent obligation to ascertain our jurisdiction, Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006), and we consider the Government’s argument de novo, see, e.g., Hajro v. U.S. Citizenship & Immigration Servs., 811 F.3d 1086, 1098 (9th Cir. 2016). We conclude that the States have made a sufficient showing to support standing, at least at this preliminary stage of the proceedings.
Article III, section 2 of the Constitution allows federal courts to consider only “Cases” and “Controversies.” Massachusetts v. EPA, 549 U.S. 497, 516 (2007). “Those two words confine ‘the business of federal courts to questions presented in an adversary context and in a form historically viewed as capable of resolution through the judicial process.’” Id. (quoting Flast v. Cohen, 392 U.S. 83, 95 (1968)). ”Standing is an essential and unchanging part of the case-or-controversy requirement” and is therefore a prerequisite to our jurisdiction. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560 (1992). The “gist of the question of standing” is whether the plaintiff has a sufficiently “personal stake in the outcome of the controversy” to ensure that the parties will be truly adverse and their legal presentations sharpened. Massachusetts, 549 U.S. at 517 (quoting Baker v. Carr, 369 U.S. 186, 204 (1962)).
To establish Article III standing, a plaintiff must demonstrate “that it has suffered a concrete and particularized injury that is either actual or imminent, that the injury is fairly traceable to the defendant, and that it is likely that a favorable decision will redress that injury.” Id. (citing Lujan, 504 U.S. at 560-61).
Because standing is “an indispensable part of the plaintiff’s case,” it “must be supported in the same way as any other matter on which the plaintiff bears the burden of proof, i.e., with the manner and degree of evidence required at the successive stages of the litigation.” Lujan, 504 U.S. at 561. At this very preliminary stage of the litigation, the States may rely on the allegations in their Complaint and whatever other evidence they submitted in support of their TRO motion to meet their burden. See id. With these allegations and evidence, the States must make a “clear showing of each element of standing.” Townley v. Miller, 722 F.3d 1128, 1133 (9th Cir. 2013).3
The States argue that the Executive Order causes a concrete and particularized injury to their public universities, which the parties do not dispute are branches of the States under state law. See, e.g., Hontz v. State, 714 P.2d 1176, 1180 (Wash. 1986) (en banc); Univ. of Minn. v. Raygor, 620 N.W.2d 680, 683 (Minn. 2001).
Specifically, the States allege that the teaching and research missions of their universities are harmed by the Executive Order’s effect on their faculty and students who are nationals of the seven affected countries. These students and faculty cannot travel for research, academic collaboration, or for personal reasons, and their families abroad cannot visit. Some have been stranded outside the country, unable to return to the universities at all. The schools cannot consider attractive student candidates and cannot hire faculty from the seven affected countries, which they have done in the past.
According to declarations filed by the States, for example, two visiting scholars who had planned to spend time at Washington State University were not permitted to enter the United States; one was informed he would be unable to obtain a visa. Similarly, the University of Washington was in the process of sponsoring three prospective employees from countries covered by the Executive Order for visas; it had made plans for their arrival beginning in February 2017, but they have been unable to enter the United States. The University of Washington also sponsored two medicine and science interns who have been prevented by the Executive Order from coming to the University of Washington. The University of Washington has already incurred the costs of visa applications for those interns and will lose its investment if they are not admitted. Both schools have a mission of “global engagement” and rely on such visiting students, scholars, and faculty to advance their educational goals. Students and faculty at Minnesota’s public universities were similarly restricted from traveling for academic and personal reasons.
Under the “third party standing” doctrine, these injuries to the state universities give the States standing to assert the rights of the students, scholars, and faculty affected by the Executive Order. See Singleton v. Wulff, 428 U.S. 106, 114-16 (1976) (explaining that third-party standing is allowed when the third party’s interests are “inextricably bound up with the activity the litigant wishes to pursue”; when the litigant is “fully, or very nearly, as effective a proponent of the right” as the third party; or when the third party is less able to assert her own rights). Vendors, for example, “have been uniformly permitted to resist efforts at restricting their operations by acting as advocates of the rights of third parties who seek access to their market or function.” Craig v. Boren, 429 U.S. 190, 195 (1976). Likewise, doctors have been permitted to assert the rights of their patients. See, e.g., Griswold v. Connecticut, 381 U.S. 479 (1965). And advocacy organizations such as the NAACP have been permitted to assert the constitutional rights of their members.
Most relevant for our purposes, schools have been permitted to assert the rights of their students. See, e.g., Runyon v. McCrary, 427 U.S. 160, 175 & n.13 (1976) (“It is clear that the schools have standing to assert these arguments [asserting free-association rights, privacy rights, and ‘a parent’s right to direct the education of his children’] on behalf of their patrons.”); Pierce v. Soc’y of Sisters, 268 U.S. 510, 536 (1925) (allowing a school to assert the “right of parents to choose schools where their children will receive appropriate mental and religious training [and] the right of the child to influence the parents’ choice of a school”); Parks Sch. of Bus., Inc. v. Symington, 51 F.3d 1480, 1487-88 (9th Cir. 1995) (citing Pierce and rejecting the argument that the plaintiff school had no standing to assert claims of discrimination against its minority students); see also Ohio Ass’n of Indep. Sch. v. Goff, 92 F.3d 419, 422 (6th Cir. 1996) (citing similar authorities). As in those cases, the interests of the States’ universities here are aligned with their students. The students’ educational success is “inextricably bound up” in the universities’ capacity to teach them. Singleton, 428 U.S. at 115. And the universities’ reputations depend on the success of their professors’ research. Thus, as the operators of state universities, the States may assert not only their own rights to the extent affected by the Executive Order but may also assert the rights of their students and faculty members.
We therefore conclude that the States have alleged harms to their proprietary interests traceable to the Executive Order. The necessary connection can be drawn in at most two logical steps: (1) the Executive Order prevents nationals of seven countries from entering Washington and Minnesota; (2) as a result, some of these people will not enter state universities, some will not join those universities as faculty, some will be prevented from performing research, and some will not be permitted to return if they leave. And we have no difficulty concluding that the States’ injuries would be redressed if they could obtain the relief they ask for: a declaration that the Executive Order violates the Constitution and an injunction barring its enforcement. The Government does not argue otherwise.
We therefore hold that the States have standing.
Reviewability of the Executive Order
The Government contends that the district court lacked authority to enjoin enforcement of the Executive Order because the President has “unreviewable authority to suspend the admission of any class of aliens.” The Government does not merely argue that courts owe substantial deference to the immigration and national security policy determinations of the political branches—an uncontroversial principle that is well-grounded in our jurisprudence. See, e.g., Cardenas v. United States, 826 F.3d 1164, 1169 (9th Cir. 2016) (recognizing that “the power to expel or exclude aliens [is] a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control” (quoting Fiallo v. Bell, 430 U.S. 787, 792 (1977))); see also Holder v. Humanitarian Law Project, 561 U.S. 1, 33-34 (2010) (explaining that courts should defer to the political branches with respect to national security and foreign relations). Instead, the Government has taken the position that the President’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections. The Government indeed asserts that it violates separation of powers for the judiciary to entertain a constitutional challenge to executive actions such as this one.
There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy. See Boumediene v. Bush, 553 U.S. 723, 765 (2008) (rejecting the idea that, even by congressional statute, Congress and the Executive could eliminate federal court habeas jurisdiction over enemy combatants, because the “political branches” lack “the power to switch the Constitution on or off at will”). Within our system, it is the role of the judiciary to interpret the law, a duty that will sometimes require the “[r]esolution of litigation challenging the constitutional authority of one of the three branches.” Zivotofsky ex rel. Zivotofsky v. Clinton, 566 U.S. 189, 196 (2012) (quoting INS v. Chadha, 462 U.S. 919, 943 (1983)). We are called upon to perform that duty in this case.
Although our jurisprudence has long counseled deference to the political branches on matters of immigration and national security, neither the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance with the Constitution. To the contrary, the Supreme Court has repeatedly and explicitly rejected the notion that the political branches have unreviewable authority over immigration or are not subject to the Constitution when policymaking in that context. See Zadvydas v. Davis , 533 U.S. 678, 695 (2001) (emphasizing that the power of the political branches over immigration “is subject to important constitutional limitations”); Chadha, 462 U.S. at 940-41 (rejecting the argument that Congress has “unreviewable authority over the regulation of aliens,” and affirming that courts can review “whether Congress has chosen a constitutionally permissible means of implementing that power”).6 Our court has likewise made clear that “[a]lthough alienage classifications are closely connected to matters of foreign policy and national security,” courts “can and do review foreign policy arguments that are offered to justify legislative or executive action when constitutional rights are at stake.” American-Arab Anti-Discrimination Comm. v. Reno, 70 F.3d 1045, 1056 (9th Cir. 1995).
Kleindienst v. Mandel, 408 U.S. 753 (1972), does not compel a different conclusion. The Government cites Mandel for the proposition that “‘when the Executive exercises’ immigration authority ‘on the basis of a facially legitimate and bona fide reason, the courts will [not] look behind the exercise of that discretion.’” The Government omits portions of the quoted language to imply that this standard governs judicial review of all executive exercises of immigration authority. In fact, the Mandel standard applies to lawsuits challenging an executive branch official’s decision to issue or deny an individual visa based on the application of a congressionally enumerated standard to the particular facts presented by that visa application. The present case, by contrast, is not about the application of a specifically enumerated congressional policy to the particular facts presented in an individual visa application. Rather, the States are challenging the President’s promulgation of sweeping immigration policy. Such exercises of policymaking authority at the highest levels of the political branches are plainly not subject to the Mandel standard; as cases like Zadvydas and Chadha make clear, courts can and do review constitutional challenges to the substance and implementation of immigration policy. See Zadvydas, 533 U.S. at 695; Chadha, 462 U.S. at 940-41.
This is no less true when the challenged immigration action implicates national security concerns. See Ex parte Quirin, 317 U.S. 1, 19 (1942) (stating that courts have a duty, “in time of war as well as in time of peace, to preserve unimpaired the constitutional safeguards of civil liberty”); Ex parte Milligan, 71 U.S. 2, 120-21 (1866) (“The Constitution of the United States is a law for rulers and people, equally in war and in peace . . . under all circumstances.”). We are mindful that deference to the political branches is particularly appropriate with respect to national security and foreign affairs, given the relative institutional capacity, informational access, and expertise of the courts. See Humanitarian Law Project, 561 U.S. at 33-34.
Nonetheless, “courts are not powerless to review the political branches’ actions” with respect to matters of national security. Alperin v. Vatican Bank, 410 F.3d 532, 559 n.17 (9th Cir. 2005). To the contrary, while counseling deference to the national security determinations of the political branches, the Supreme Court has made clear that the Government’s “authority and expertise in [such] matters do not automatically trump the Court’s own obligation to secure the protection that the Constitution grants to individuals,” even in times of war. Humanitarian Law Project, 561 U.S. at 34 (quoting id. at 61 (Breyer, J., dissenting)); see also United States v. Robel , 389 U.S. 258, 264 (1967) (“‘[N]ational defense’ cannot be deemed an end in itself, justifying any exercise of legislative power designed to promote such a goal. . . . It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties . . . which makes the defense of the Nation worthwhile.”); Zemel v. Rusk, 381 U.S. 1, 17 (1965) (“[S]imply because a statute deals with foreign relations [does not mean that] it can grant the Executive totally unrestricted freedom of choice.”).
Indeed, federal courts routinely review the constitutionality of—and even invalidate—actions taken by the executive to promote national security, and have done so even in times of conflict. See, e.g., Boumediene, 553 U.S. 723 (striking down a federal statute purporting to deprive federal courts of jurisdiction over habeas petitions filed by non-citizens being held as “enemy combatants” after being captured in Afghanistan or elsewhere and accused of authorizing, planning, committing, or aiding the terrorist attacks perpetrated on September 11, 2001); Aptheker v. Sec’y of State, 378 U.S. 500 (1964) (holding unconstitutional a statute denying passports to American members of the Communist Party despite national security concerns); Ex parte Endo, 323 U.S. 283 (1944) (holding unconstitutional the detention of a law-abiding and loyal American of Japanese ancestry during World War II and affirming federal court jurisdiction over habeas petitions by such individuals). As a plurality of the Supreme Court cautioned in Hamdi v. Rumsfeld, 542 U.S. 507 (2004), “Whatever power the United States Constitution envisions for the Executive in its exchanges with other nations or with enemy organizations in times of conflict, it most assuredly envisions a role for all three branches when individual liberties are at stake.” Id. at 536 (plurality opinion).
In short, although courts owe considerable deference to the President’s policy determinations with respect to immigration and national security, it is beyond question that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.
Legal Standard
The Government moves to stay the district court’s order pending this appeal. “A stay is not a matter of right, even if irreparable injury might otherwise result.” Nken v. Holder, 556 U.S. 418, 433 (2009) (quoting Virginian Ry. Co. v. United States, 272 U.S. 658, 672 (1926)). “It is instead ‘an exercise of judicial discretion,’ and ‘the propriety of its issue is dependent upon the circumstances of the particular case.’” Id. (quoting Virginian, 272 U.S. at 672-73) (alterations omitted) . “The party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion.” Id. at 433-34.
Our decision is guided by four questions: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” Lair v. Bullock , 697 F.3d 1200, 1203 (9th Cir. 2012) (quoting Nken, 556 U.S. at 434). “The first two factors . . . are the most critical,” Nken, 556 U.S. at 434, and the last two steps are reached “[o]nce an applicant satisfies the first two factors,” id. at 435. We conclude that the Government has failed to clear each of the first two critical steps. We also conclude that the final two factors do not militate in favor of a stay. We emphasize, however, that our analysis is a preliminary one. We are tasked here with deciding only whether the Government has made a strong showing of its likely success in this appeal and whether the district court’s TRO should be stayed in light of the relative hardships and the public interest.
The Government has not shown that it is likely to succeed on appeal on its arguments about, at least, the States’ Due Process Clause claim, and we also note the serious nature of the allegations the States have raised with respect to their religious discrimination claims. We express no view as to any of the States’ other claims.
Likelihood of Success—Due Process
The Fifth Amendment of the Constitution prohibits the Government from depriving individuals of their “life, liberty, or property, without due process of law.” U.S. Const. amend. V. The Government may not deprive a person of one of these protected interests without providing “notice and an opportunity to respond,” or, in other words, the opportunity to present reasons not to proceed with the deprivation and have them considered. United States v. Raya-Vaca, 771 F.3d 1195, 1204 (9th Cir. 2014); accord Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542 (1985); ASSE Int’l, Inc. v. Kerry, 803 F.3d 1059, 1073 (9th Cir. 2015).
The Government has not shown that the Executive Order provides what due process requires, such as notice and a hearing prior to restricting an individual’s ability to travel. Indeed, the Government does not contend that the Executive Order provides for such process. Rather, in addition to the arguments addressed in other parts of this opinion, the Government argues that most or all of the individuals affected by the Executive Order have no rights under the Due Process Clause.
In the district court, the States argued that the Executive Order violates the procedural due process rights of various aliens in at least three independent ways. First, section 3(c) denies re-entry to certain lawful permanent residents and non-immigrant visaholders without constitutionally sufficient notice and an opportunity to respond. Second, section 3(c) prohibits certain lawful permanent residents and non-immigrant visaholders from exercising their separate and independent constitutionally protected liberty interests in travelling abroad and thereafter re- entering the United States. Third, section 5 contravenes the procedures provided by federal statute for refugees seeking asylum and related relief in the United States. The district court held generally in the TRO that the States were likely to prevail on the merits of their due process claims, without discussing or offering analysis as to any specific alleged violation.
At this stage of the proceedings, it is the Government’s burden to make “a strong showing that [it] is likely to” prevail against the States’ procedural due process claims. Lair v. Bullock , 697 F.3d 1200, 1203 (9th Cir. 2012) (quoting Nken v. Holder, 556 U.S. 418, 426 (2009)). We are not persuaded that the Government has carried its burden for a stay pending appeal.
The procedural protections provided by the Fifth Amendment’s Due Process Clause are not limited to citizens. Rather, they “appl[y] to all ‘persons’ within the United States, including aliens,” regardless of “whether their presence here is lawful, unlawful, temporary, or permanent.” Zadvydas v. Davis, 533 U.S. 678, 693 (2001). These rights also apply to certain aliens attempting to reenter the United States after travelling abroad. Landon v. Plasencia, 459 U.S. 21, 33-34 (1982). The Government has provided no affirmative argument showing that the States’ procedural due process claims fail as to these categories of aliens. For example, the Government has failed to establish that lawful permanent residents have no due process rights when seeking to re-enter the United States. See id. (“[T]he returning resident alien is entitled as a matter of due process to a hearing on the charges underlying any attempt to exclude him.” (quoting Rosenberg v. Fleuti, 374 U.S. 449, 460 (1963))). Nor has the Government established that the Executive Order provides lawful permanent residents with constitutionally sufficient process to challenge their denial of re-entry. See id. at 35 (“[T]he courts must evaluate the particular circumstances and determine what procedures would satisfy the minimum requirements of due process on the re-entry of a permanent resident alien.”).
The Government has argued that, even if lawful permanent residents have due process rights, the States’ challenge to section 3(c) based on its application to lawful permanent residents is moot because several days after the Executive Order was issued, White House counsel Donald F. McGahn II issued “[a]uthoritative [g]uidance” stating that sections 3(c) and 3(e) of the Executive Order do not apply to lawful permanent residents. At this point, however, we cannot rely upon the Government’s contention that the Executive Order no longer applies to lawful permanent residents. The Government has offered no authority establishing that the White House counsel is empowered to issue an amended order superseding the Executive Order signed by the President and now challenged by the States, and that proposition seems unlikely.
Nor has the Government established that the White House counsel’s interpretation of the Executive Order is binding on all executive branch officials responsible for enforcing the Executive Order. The White House counsel is not the President, and he is not known to be in the chain of command for any of the Executive Departments. Moreover, in light of the Government’s shifting interpretations of the Executive Order, we cannot say that the current interpretation by White House counsel, even if authoritative and binding, will persist past the immediate stage of these proceedings. On this record, therefore, we cannot conclude that the Government has shown that it is “absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur.” Friends of the Earth, Inc., v. Laidlaw Envtl. Servs., Inc., 528 U.S. 167, 189 (2000) (emphasis added).
Even if the claims based on the due process rights of lawful permanent residents were no longer part of this case, the States would continue to have potential claims regarding possible due process rights of other persons who are in the United States, even if unlawfully, see Zadvydas, 533 U.S. 693; non-immigrant visaholders who have been in the United States but temporarily departed or wish to temporarily depart, see Landon, 459 U.S. 33- 34; refugees, see 8 U.S.C. § 1231 note 8; and applicants who have a relationship with a U.S. resident or an institution that might have rights of its own to assert, see Kerry v. Din, 135 S. Ct. 2128, 2139 (2015) (Kennedy, J., concurring in judgment); id. at 2142 (Breyer, J., dissenting); Kleindienst v. Mandel, 408 U.S. 753, 762-65 (1972). Accordingly, the Government has not demonstrated that the States lack viable claims based on the due process rights of persons who will suffer injuries to protected interests due to the Executive Order. Indeed, the existence of such persons is obvious.
The Government argues that, even if the States have shown that they will likely succeed on some of their procedural due process claims, the district court nevertheless erred by issuing an “overbroad” TRO. Specifically, the Government argues that the TRO is overbroad in two independent respects: (1) the TRO extends beyond lawful permanent residents, and covers aliens who cannot assert cognizable liberty interests in connection with travelling into and out of the United States, and (2) the TRO applies nationwide, and enjoins application of the Executive Order outside Washington and Minnesota. We decline to modify the scope of the TRO in either respect.
First, we decline to limit the scope of the TRO to lawful permanent residents and the additional category more recently suggested by the Government, in its reply memorandum, “previously admitted aliens who are temporarily abroad now or who wish to travel and return to the United States in the future.” That limitation on its face omits aliens who are in the United States unlawfully, and those individuals have due process rights as well. Zadvydas, 533 U.S. at 693. That would also omit claims by citizens who have an interest in specific non-citizens’ ability to travel to the United States. See Din, 135 S. Ct. at 2139 (Kennedy, J., concurring in judgment); id. at 2142 (Breyer, J., dissenting) (six Justices declining to adopt a rule that would categorically bar U.S. citizens from asserting cognizable liberty interests in the receipt of visas by alien spouses). There might be persons covered by the TRO who do not have viable due process claims, but the Government’s proposed revision leaves out at least some who do.

Second, we decline to limit the geographic scope of the TRO. The Fifth Circuit has held that such a fragmented immigration policy would run afoul of the constitutional and statutory requirement for uniform immigration law and policy. Texas v. United States, 809 F.3d 134, 187-88 (5th Cir. 2015), aff’d by an equally divided Court, 136 S. Ct. 2271 (2016) . At this stage of the litigation, we do not need to and do not reach such a legal conclusion for ourselves, but we cannot say that the Government has established that a contrary view is likely to prevail. Moreover, even if limiting the geographic scope of the injunction would be desirable, the Government has not proposed a workable alternative form of the TRO that accounts for the nation’s multiple ports of entry and interconnected transit system and that would protect the proprietary interests of the States at issue here while nevertheless applying only within the States’ borders.
More generally, even if the TRO might be overbroad in some respects, it is not our role to try, in effect, to rewrite the Executive Order. See United States v. Nat’l Treasury Emps. Union, 513 U.S. 454, 479 (1995) (declining to rewrite a statute to eliminate constitutional defects); cf. Aptheker v. Sec’y of State, 378 U.S. 500, 516 (1964) (invalidating a restriction on freedom of travel despite the existence of constitutional applications). The political branches are far better equipped to make appropriate distinctions. For now, it is enough for us to conclude that the Government has failed to establish that it will likely succeed on its due process argument in this appeal.
Likelihood of Success—Religious Discrimination
The First Amendment prohibits any “law respecting an establishment of religion.” U.S. Const. amend. I. A law that has a religious, not secular, purpose violates that clause, Lemon v. Kurtzman, 403 U.S. 602, 612-13 (1971), as does one that “officially prefer[s] [one religious denomination] over another,” Larson v. Valente, 456 U.S. 228, 244 (1982). The Supreme Court has explained that this is because endorsement of a religion “sends the ancillary message to . . . nonadherents ‘that they are outsiders, not full members of the political community.’” Santa Fe Indep. Sch. Dist. v. Doe , 530 U.S. 290, 310 (2000) (quoting Lynch v. Donnelly, 465 U.S. 668, 688 (1984) (O’Connor, J., concurring)). The Equal Protection Clause likewise prohibits the Government from impermissibly discriminating among persons based on religion. De La Cruz v. Tormey, 582 F.2d 45, 50 (9th Cir. 1978).
The States argue that the Executive Order violates the Establishment and Equal Protection Clauses because it was intended to disfavor Muslims. In support of this argument, the States have offered evidence of numerous statements by the President about his intent to implement a “Muslim ban” as well as evidence they claim suggests that the Executive Order was intended to be that ban, including sections 5(b) and 5(e) of the Order. It is well established that evidence of purpose beyond the face of the challenged law may be considered in evaluating Establishment and Equal Protection Clause claims. See, e.g., Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 534 (1993) (“The Free Exercise Clause, like the Establishment Clause, extends beyond facial discrimination. . . . Official action that targets religious conduct for distinctive treatment cannot be shielded by mere compliance with the requirement of facial neutrality.”); Larson, 456 U.S. at 254-55 (holding that a facially neutral statute violated the Establishment Clause in light of legislative history demonstrating an intent to apply regulations only to minority religions); Village of Arlington Heights v. Metro. Housing Dev. Corp., 429 U.S. 252, 266-68 (1977) (explaining that circumstantial evidence of intent, including the historical background of the decision and statements by decisionmakers, may be considered in evaluating whether a governmental action was motivated by a discriminatory purpose).
The States’ claims raise serious allegations and present significant constitutional questions. In light of the sensitive interests involved, the pace of the current emergency proceedings, and our conclusion that the Government has not met its burden of showing likelihood of success on appeal on its arguments with respect to the due process claim, we reserve consideration of these claims until the merits of this appeal have been fully briefed.
The Balance of Hardships and the Public Interest
The Government has not shown that a stay is necessary to avoid irreparable injury. Nken, 556 U.S. at 434. Although we agree that “the Government’s interest in combating terrorism is an urgent objective of the highest order,” Holder v. Humanitarian Law Project, 561 U.S. 1, 28 (2010), the Government has done little more than reiterate that fact. Despite the district court’s and our own repeated invitations to explain the urgent need for the Executive Order to be placed immediately into effect, the Government submitted no evidence to rebut the States’ argument that the district court’s order merely returned the nation temporarily to the position it has occupied for many previous years.
The Government has pointed to no evidence that any alien from any of the countries named in the Order has perpetrated a terrorist attack in the United States.7 Rather than present evidence to explain the need for the Executive Order, the Government has taken the position that we must not review its decision at all.8 We disagree, as explained above.
To the extent that the Government claims that it has suffered an institutional injury by erosion of the separation of powers, that injury is not “irreparable.” It may yet pursue and vindicate its interests in the full course of this litigation.
See, e.g., Texas v. United States, 787 F.3d 733, 767- 68 (5th Cir. 2015) (“[I]t is the resolution of the case on the merits, not whether the injunction is stayed pending appeal, that will affect those principles.”).
By contrast, the States have offered ample evidence that if the Executive Order were reinstated even temporarily, it would substantially injure the States and multiple “other parties interested in the proceeding.” Nken, 556 U.S. at 434 (quoting Hilton v. Braunskill, 481 U.S. 770, 776 (1987)). When the Executive Order was in effect, the States contend that the travel prohibitions harmed the States’ university employees and students, separated families, and stranded the States’ residents abroad. These are substantial injuries and even irreparable harms. See Melendres v. Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012) (“It is well established that the deprivation of constitutional rights ‘unquestionably constitutes irreparable injury.’” (quoting Elrod v. Burns, 427 U.S. 347, 373 (1976))).
The Government suggests that the Executive Order’s discretionary waiver provisions are a sufficient safety valve for those who would suffer unnecessarily, but it has offered no explanation for how these provisions would function in practice: how would the “national interest” be determined, who would make that determination, and when? Moreover, as we have explained above, the Government has not otherwise explained how the Executive Order could realistically be administered only in parts such that the injuries listed above would be avoided.
Finally, in evaluating the need for a stay, we must consider the public interest generally. See Nken, 556 U.S. at 434. Aspects of the public interest favor both sides, as evidenced by the massive attention this case has garnered at even the most preliminary stages. On the one hand, the public has a powerful interest in national security and in the ability of an elected president to enact policies. And on the other, the public also has an interest in free flow of travel, in avoiding separation of families, and in freedom from
discrimination. We need not characterize the public interest more definitely than this; when considered alongside the hardships discussed above, these competing public interests do not justify a stay.
Conclusion
For the foregoing reasons, the emergency motion for a stay pending appeal is DENIED.

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Full Text Political Transcripts January 8, 2016: President Barack Obama’s Statement on Lifting Sanctions on Iran

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

Statement by the President on Iran

Source: WH, 1-17-16

The Cabinet Room

10:48 A.M. EST

THE PRESIDENT:  This is a good day, because, once again, we’re seeing what’s possible with strong American diplomacy.

As I said in my State of the Union address, ensuring the security of the United States and the safety of our people demands a smart, patient and disciplined approach to the world.  That includes our diplomacy with the Islamic Republic of Iran.  For decades, our differences with Iran meant that our governments almost never spoke to each other.  Ultimately, that did not advance America’s interests.  Over the years, Iran moved closer and closer to having the ability to build a nuclear weapon.  But from Presidents Franklin Roosevelt to John F. Kennedy to Ronald Reagan, the United States has never been afraid to pursue diplomacy with our adversaries.  And as President, I decided that a strong, confident America could advance our national security by engaging directly with the Iranian government.

We’ve seen the results.  Under the nuclear deal that we, our allies and partners reached with Iran last year, Iran will not get its hands on a nuclear bomb.  The region, the United States, and the world will be more secure.  As I’ve said many times, the nuclear deal was never intended to resolve all of our differences with Iran.  But still, engaging directly with the Iranian government on a sustained basis, for the first time in decades, has created a unique opportunity — a window — to try to resolve important issues.  And today, I can report progress on a number of fronts.

First, yesterday marked a milestone in preventing Iran from obtaining a nuclear weapon.  Iran has now fulfilled key commitments under the nuclear deal.  And I want to take a moment to explain why this is so important.

Over more than a decade, Iran had moved ahead with its nuclear program, and, before the deal, it had installed nearly 20,000 centrifuges that can enrich uranium for a nuclear bomb.  Today, Iran has removed two-thirds of those machines.  Before the deal, Iran was steadily increasing its stockpile of enriched uranium — enough for up to 10 nuclear bombs.  Today, more than 98 percent of that stockpile has been shipped out of Iran — meaning Iran now doesn’t have enough material for even one bomb. Before, Iran was nearing completion of a new reactor capable of producing plutonium for a bomb.  Today, the core of that reactor has been pulled out and filled with concrete so it cannot be used again.

Before the deal, the world had relatively little visibility into Iran’s nuclear program.  Today, international inspectors are on the ground, and Iran is being subjected to the most comprehensive, intrusive inspection regime ever negotiated to monitor a nuclear program.  Inspectors will monitor Iran’s key nuclear facilities 24 hours a day, 365 days a year.  For decades to come, inspectors will have access to Iran’s entire nuclear supply chain.  In other words, if Iran tries to cheat — if they try to build a bomb covertly — we will catch them.

So the bottom line is this.  Whereas Iran was steadily expanding its nuclear program, we have now cut off every single path that Iran could have used to build a bomb.  Whereas it would have taken Iran two to three months to break out with enough material to rush to a bomb, we’ve now extended that breakout time to a year — and with the world’s unprecedented inspections and access to Iran’s program, we’ll know if Iran ever tries to break out.

Now that Iran’s actions have been verified, it can begin to receive relief from certain nuclear sanctions and gain access to its own money that had been frozen.  And perhaps most important of all, we’ve achieved this historic progress through diplomacy, without resorting to another war in the Middle East.

I want to also point out that by working with Iran on this nuclear deal, we were better able to address other issues.  When our sailors in the Persian Gulf accidentally strayed into Iranian waters that could have sparked a major international incident.  Some folks here in Washington rushed to declare that it was the start of another hostage crisis.  Instead, we worked directly with the Iranian government and secured the release of our sailors in less than 24 hours.

This brings me to a second major development — several Americans unjustly detained by Iran are finally coming home.  In some cases, these Americans faced years of continued detention.  And I’ve met with some of their families.  I’ve seen their anguish, how they ache for their sons and husbands.  I gave these families my word — I made a vow — that we would do everything in our power to win the release of their loved ones.  And we have been tireless.  On the sidelines of the nuclear negotiations, our diplomats at the highest level, including Secretary Kerry, used every meeting to push Iran to release our Americans.  I did so myself, in my conversation with President Rouhani.  After the nuclear deal was completed, the discussions between our governments accelerated.  Yesterday, these families finally got the news that they have been waiting for.

Jason Rezaian is coming home.  A courageous journalist for The Washington Post, who wrote about the daily lives and hopes of the Iranian people, he’s been held for a year and a half.  He embodies the brave spirit that gives life to the freedom of the press.  Jason has already been reunited with his wife and mom.

Pastor Saeed Abedini is coming home.  Held for three and half years, his unyielding faith has inspired people around the world in the global fight to uphold freedom of religion.  Now, Pastor Abedini will return to his church and community in Idaho.

Amir Hekmati is coming home.  A former sergeant in the Marine Corps, he’s been held for four and a half years.  Today, his parents and sisters are giving thanks in Michigan.

Two other Americans unjustly detained by Iran have also been released — Nosratollah Khosravi-Roodsari and Matthew Trevithick, an Iranian — who was in Iran as a student.  Their cases were largely unknown to the world.  But when Americans are freed and reunited with their families, that’s something that we can all celebrate.

So I want to thank my national security team — especially Secretary Kerry; Susan Rice, my National Security Advisor; Brett McGurk; Avril Haines; Ben Rhodes — our whole team worked tirelessly to bring our Americans home, to get this work done.  And I want to thank the Swiss government, which represents our interests in Iran, for their critical assistance.

And meanwhile, Iran has agreed to deepen our coordination as we work to locate Robert Levinson — missing from Iran for more than eight years.  Even as we rejoice in the safe return of others, we will never forget about Bob.  Each and every day, but especially today, our hearts are with the Levinson family, and we will not rest until their family is whole again.

In a reciprocal humanitarian gesture, six Iranian–Americans and one Iranian serving sentences or awaiting trial in the United States are being granted clemency.  These individuals were not charged with terrorism or any violent offenses.  They’re civilians, and their release is a one-time gesture to Iran given the unique opportunity offered by this moment and the larger circumstances at play.  And it reflects our willingness to engage with Iran to advance our mutual interests, even as we ensure the national security of the United States.

So, nuclear deal implemented.  American families reunited.  The third piece of this work that we got done this weekend involved the United States and Iran resolving a financial dispute that dated back more than three decades.  Since 1981, after our nations severed diplomatic relations, we’ve worked through a international tribunal to resolve various claims between our countries.  The United States and Iran are now settling a longstanding Iranian government claim against the United States government.  Iran will be returned its own funds, including appropriate interest, but much less than the amount Iran sought.

For the United States, this settlement could save us billions of dollars that could have been pursued by Iran.  So there was no benefit to the United States in dragging this out.  With the nuclear deal done, prisoners released, the time was right to resolve this dispute as well.

Of course, even as we implement the nuclear deal and welcome our Americans home, we recognize that there remain profound differences between the United States and Iran.  We remain steadfast in opposing Iran’s destabilizing behavior elsewhere, including its threats against Israel and our Gulf partners, and its support for violent proxies in places like Syria and Yemen.  We still have sanctions on Iran for its violations of human rights, for its support of terrorism, and for its ballistic missile program.  And we will continue to enforce these sanctions, vigorously.  Iran’s recent missile test, for example, was a violation of its international obligations.  And as a result, the United States is imposing sanctions on individuals and companies working to advance Iran’s ballistic missile program.  And we are going to remain vigilant about it.  We’re not going to waver in the defense of our security or that of our allies and partners.

But I do want to once again speak directly to the Iranian people.  Yours is a great civilization, with a vibrant culture that has so much to contribute to the world — in commerce, and in science and the arts.  For decades, your government’s threats and actions to destabilize your region have isolated Iran from much of the world.  And now our governments are talking with one another.  Following the nuclear deal, you — especially young Iranians — have the opportunity to begin building new ties with the world.  We have a rare chance to pursue a new path — a different, better future that delivers progress for both our peoples and the wider world.  That’s the opportunity before the Iranian people.  We need to take advantage of that.

And to my fellow Americans, today, we’re united in welcoming home sons and husbands and brothers who, in lonely prison cells, have endured an absolute nightmare.  But they never gave in and they never gave up.  At long last, they can stand tall and breathe deep the fresh air of freedom.

As a nation, we face real challenges, around the world and here at home.  Many of them will not be resolved quickly or easily.  But today’s progress — Americans coming home, an Iran that has rolled back its nuclear program and accepted unprecedented monitoring of that program — these things are a reminder of what we can achieve when we lead with strength and with wisdom; with courage and resolve and patience.  America can do — and has done — big things when we work together.  We can leave this world and make it safer and more secure for our children and our grandchildren for generations to come.

I want to thank once again Secretary Kerry; our entire national security team, led by Susan Rice.  I’m grateful for all the assistance that we received from our allies and partners.  And I am hopeful that this signals the opportunity at least for Iran to work more cooperatively with nations around the world to advance their interests and the interests of people who are looking for peace and security for their families.

Thank you so much.  God bless you, and God bless the United States of America.

                          END             11:03 A.M. EST

Full Text Political Transcripts July 15, 2015: President Barack Obama scolds CBS News’ Major Garrett on Iran hostages question at press conference

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

Obama scolds CBS News’ Major Garrett on Iran hostages question at press conference

Source: CBS News, 7-15-15

Transcription of exchange between CBS News Chief White House Correspondent Major Garrett and President Obama over Iranian hostages.

Major Garrett: As you well know, there are four Americans in Iran – three held on trumped up charges according to your administration, one, whereabouts unknown. Can you tell the country, sir, why you are content, with all of the fanfare around this [nuclear] deal to leave the conscience of this nation, the strength of this nation, unaccounted for, in relation to these four Americans?

And last week, the Chairman of the Joint Chiefs of Staff said under no circumstances should there be any relief for Iran in terms of ballistic missiles or conventional weapons. It was perceived that that was a last-minute capitulation in these negotiations, making the Pentagon feel you’ve left the Chairman of the Joint Chiefs of Staff hung out to dry. Could you comment?

President Obama: I’ve got to give you credit, Major, for how you craft those questions. The notion that I am content, as I celebrate with American citizens languishing in Iranian jails – Major, that’s nonsense. And you should know better. I’ve met with the families of some of those folks. Nobody’s content, and our diplomats and our teams are working diligently to try to get them out.

Now, if the question is why we did not tie the negotiations to their release, think about the logic that that creates. Suddenly, Iran realizes, you know what, maybe we can get additional concessions out of the Americans by holding these individuals – makes it much more difficult for us to walk away if Iran somehow thinks that a nuclear deal is dependent in some fashion on the nuclear deal. And by the way, if we had walked away from the nuclear deal, we’d still be pushing just as hard to get these folks out. That’s why those issues are not connected, but we are working every single day to try to get them out and won’t stop until they’re out and rejoined with their families.

With respect to the Chairman’s testimony, to some degree I already answered this with Carol. We are not taking the pressure off Iran with respect to arms and with respect to ballistic missiles. As I just explained, not only do we keep in place for five years the arms embargo this particular new UN resolution, not only do we maintain the eight years on the ballistic missiles under this particular UN resolution, but we have a host of other multilateral and unilateral authorities that allow us to take action where we see Iran engaged in those activities – whether it’s six years from now or 10 years from now.

So, we have not lost those legal authorities, and in fact part of my pitch to the GCC countries, as well as to Prime Minister Netanyahu, is we should do a better job making sure that Iran’s not engaged in sending arms to organizations like Hezbollah, and as I just indicated, that means improving our intelligence capacity and our interdiction capacity with our partners.

Full Text Obama Presidency July 15, 2015: President Barack Obama’s press conference on the Iran nuclear deal Transcript

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

Full text: Obama’s news conference on the Iran nuclear deal

Source: WH, 7-15-15

Press Conference by the President

East Room

1:25 P.M. EDT

THE PRESIDENT:  Good afternoon, everybody.  Yesterday was a historic day.  The comprehensive, long-term deal that we achieved with our allies and partners to prevent Iran from obtaining a nuclear weapon represents a powerful display of American leadership and diplomacy.  It shows what we can accomplish when we lead from a position of strength and a position of principle, when we unite the international community around a shared vision, and we resolve to solve problems peacefully.

As I said yesterday, it’s important for the American people and Congress to get a full opportunity to review this deal.  That process is now underway.  I’ve already reached out to leaders in Congress on both sides of the aisle.  My national security team has begun offering extensive briefings.  I expect the debate to be robust — and that’s how it should be.  This is an important issue.  Our national security policies are stronger and more effective when they are subject to the scrutiny and transparency that democracy demands.

And as I said yesterday, the details of this deal matter very much.  That’s why our team worked so hard for so long to get the details right.  At the same time, as this debate unfolds, I hope we don’t lose sight of the larger picture — the opportunity that this agreement represents.  As we go forward, it’s important for everybody to remember the alternative and the fundamental choice that this moment represents.

With this deal, we cut off every single one of Iran’s pathways to a nuclear program — a nuclear weapons program, and Iran’s nuclear program will be under severe limits for many years.  Without a deal, those pathways remain open; there would be no limits on Iran’s nuclear program, and Iran could move closer to a nuclear bomb.

With this deal, we gain unprecedented, around-the-clock monitoring of Iran’s key nuclear facilities and the most comprehensive and intrusive inspection and verification regime ever negotiated.  Without a deal, those inspections go away, and we lose the ability to closely monitor Iran’s program and detect any covert nuclear weapons program.

With this deal, if Iran violates its commitments, there will be real consequences.  Nuclear-related sanctions that have helped to cripple the Iranian economy will snap back into place.  Without a deal, the international sanctions regime will unravel, with little ability to re-impose them.

With this deal, we have the possibility of peacefully resolving a major threat to regional and international security.  Without a deal, we risk even more war in the Middle East, and other countries in the region would feel compelled to pursue their own nuclear programs, threatening a nuclear arms race in the most volatile region in the world.

As I said yesterday, even with this deal, we will continue to have profound differences with Iran — its support for terrorism and its use of proxies to destabilize parts of the Middle East.  Therefore, the multilateral arms embargo on Iran will remain in place for an additional five years, and restrictions on ballistic missile technology will remain for eight years.  In addition, the United States will maintain our own sanctions related to Iran’s support for terrorism, its ballistic missile program, and its human rights violations.  And we’ll continue our unprecedented security cooperation with Israel and continue to deepen our partnerships with the Gulf States.

But the bottom line is this:  This nuclear deal meets the national security interests of the United States and our allies.  It prevents the most serious threat — Iran obtaining a nuclear weapon, which would only make the other problems that Iran may cause even worse.  That’s why this deal makes our country, and the world, safer and more secure.  It’s why the alternative — no limits on Iran’s nuclear program, no inspections, an Iran that’s closer to a nuclear weapon, the risk of a regional nuclear arms race and a greater risk of war — all that would endanger our security.  That’s the choice that we face.  If we don’t choose wisely, I believe future generations will judge us harshly for letting this moment slip away.

And no one suggests that this deal resolves all the threats that Iran poses to its neighbors or the world.  Moreover, realizing the promise of this deal will require many years of implementation and hard work.  It will require vigilance and execution.  But this deal is our best means of assuring that Iran does not get a nuclear weapon.  And, from the start, that has been my number-one priority, our number-one priority.  We’ve got a historic chance to pursue a safer and more secure world — an opportunity that may not come again in our lifetimes.  As President and as Commander-in-Chief, I am determined to seize that opportunity.

So with that, I’m going to take some questions.  And let me see who I’m starting off with.  Here you go.  I got it.  (Laughter.)

Andrew Beatty, AFP.

Q    Thank you, Mr. President.  Yesterday, you said the deal offered a chance at a new direction in relations with Iran.  What steps will you take to enable a more moderate Iran?  And does this deal allow you to more forcefully counter Iran’s destabilizing actions in the region quite aside from the nuclear question?  Thank you.

THE PRESIDENT:  Andrew, if you don’t mind, just because I suspect that there’s going to be a common set of questions that are touched on — I promise I will get to your question, but I want to start off just by stepping back and reminding folks of what is at stake here.  And I already did in my opening statement, but I just want to reiterate it because I’ve heard already some of the objections to the deal.

The starting premise of our strategy with respect to Iran has been that it would be a grave threat to the United States and to our allies if they obtained a nuclear weapon.  And so everything that we’ve done over the last six and a half years has been designed to make sure that we address that number-one priority.  That’s what the sanctions regime was all about.  That’s how we were able to mobilize the international community, including some folks that we are not particularly close to, to abide by these sanctions.  That’s how these crippling sanctions came about, was because we were able to gain global consensus that Iran having a nuclear weapon would be a problem for everybody.

That’s the reason that Iran’s accounts got frozen and they were not able to get money for the oil sales that they’ve made.  That’s the reason that they had problems operating with respect to international commerce — because we built that international consensus around this very specific, narrow, but profound issue — the possibility of Iran getting a nuclear weapon.

And, by the way, that was not simply my priority.  If you look back at all the debates that have taken place over the last five, six years, this has been a Democratic priority, this has been a Republican priority, this has been Prime Minister Netanyahu’s priority.  It’s been our Gulf allies’ priority — is making sure Iran does not get a nuclear weapon.

The deal negotiated by John Kerry, Wendy Sherman, Ernie Moniz, our allies, our partners, the P5+1 achieves that goal.  It achieves our top priority — making sure that Iran does not get a nuclear weapon.  But we have always recognized that even if Iran doesn’t get a nuclear weapon, Iran still poses challenges to our interests and our values, both in the region and around the world.

So when this deal gets implemented, we know that we will have dismantled the immediate concerns around Iran’s nuclear program.  We will have brought their stockpiles down to 98 percent.  We will have significantly reduced the number of centrifuges that they operate.  We will have installed an unprecedented inspections regime, and that will remain in place not just for 10 years but, for example, on the stockpiles, will continue to 15 years.

Iran will have pledged to the international community that it will not develop a nuclear weapon and now will be subject to an Additional Protocol, a more vigorous inspection and monitoring regime that lasts in perpetuity.  We will have disabled a facility like Arak, the Arak facility, from allowing Iran to develop plutonium that could be used for a bomb.  We will have greatly reduced the stockpile of uranium that’s enriched.  And we will have put in place inspections along the entire supply chain so that if uranium was diverted into a covert program we would catch it.

So I can say with confidence but, more importantly, nuclear experts can say with confidence that Iran will not be in a position to develop a nuclear bomb.  We will have met our number-one priority.

Now, we’ll still have problems with Iran’s sponsorship of terrorism; its funding of proxies like Hezbollah that threaten Israel and threaten the region; the destabilizing activities that they’re engaging in, including in places like Yemen.  And my hope is that building on this deal we can continue to have conversations with Iran that incentivize them to behave differently in the region, to be less aggressive, less hostile, more cooperative, to operate the way we expect nations in the international community to behave.  But we’re not counting on it.  So this deal is not contingent on Iran changing its behavior.  It’s not contingent on Iran suddenly operating like a liberal democracy.

It solves one particular problem, which is making sure they don’t have a bomb.  And the point I’ve repeatedly made — and is, I believe, hard to dispute — is that it will be a lot easier for us to check Iran’s nefarious activities, to push back against the other areas where they operate contrary to our interests or our allies’ interests, if they don’t have a bomb.

And so will they change their behavior?  Will we seek to gain more cooperation from them in resolving issues like Syria, or what’s happening in Iraq, to stop encouraging Houthis in Yemen?  We’ll continue to engage with them.  Although, keep in mind that unlike the Cuba situation, we’re not normalizing diplomatic relations here.  So the contacts will continue to be limited.  But will we try to encourage them to take a more constructive path?  Of course.  But we’re not betting on it.

And in fact, having resolved the nuclear issue, we will be in a stronger position to work with Israel, work with the Gulf countries, work with our other partners, work with the Europeans to bring additional pressure to bear on Iran around those issues that remain of concern.

But the argument that I’ve been already hearing — and this was foreshadowed even before the deal was announced — that because this deal does not solve all those other problems, that that’s an argument for rejecting this deal, defies logic.  It makes no sense.  And it loses sight of what was our original number-one priority, which is making sure that they don’t have a bomb.

Jon Karl.

Q    Mr. President, does it give you any pause to see this deal praised by Syrian dictator Assad as a “great victory for Iran,” or praised by those in Tehran who still shout “death to America,” and yet our closest ally in the Middle East calls it “a mistake of historic proportions”?  And here in Congress, it looks like a large majority will vote to reject this deal.  I know you can veto that rejection, but do you have any concerns about seeing a majority of the people’s representatives in Congress saying that this is a bad deal?

And if I can just ask you quick political question, a very quick one.

THE PRESIDENT:  Jon, I think —

Q    Donald —

THE PRESIDENT:  Let me answer the question that you asked.  It does not give me pause that Mr. Assad or others in Tehran may be trying to spin the deal in a way that they think is favorable to what their constituencies want to hear.  That’s what politicians do.  And that’s been the case throughout.  I mean, you’ll recall that during the course of these negotiations over the last couple of months every time the Supreme Leader or somebody tweeted something out, for some reason we all bought into the notion, well, the Obama administration must be giving this or capitulating to that.  Well, now we have a document so you can see what the deal is.

We don’t have to speculate, we don’t have to engage in spin, you can just read what it says and what is required.  And nobody has disputed that as a consequence of this agreement Iran has to drastically reduce its stockpiles of uranium, is cut off from plutonium; the Fordow facility that is underground is converted; that we have an unprecedented inspections regime; that we have snap-back provisions if they cheat.  The facts are the facts.  And I’m not concerned about what others say about it.

Now, with respect to Congress, my hope — I won’t prejudge this — my hope is, is that everyone in Congress also evaluates this agreement based on the facts — not on politics, not on posturing, not on the fact that this is a deal I bring to Congress as opposed to a Republican President, not based on lobbying, but based on what’s in the national interest of the United States of America.

And I think that if Congress does that, then, in fact, based on the facts, the majority of Congress should approve of this deal.  But we live in Washington and politics do intrude.  And as I said in an interview yesterday, I am not betting on the Republican Party rallying behind this agreement.  I do expect the debate to be based on facts and not speculation or misinformation.  And that I welcome — in part because, look, there are legitimate real concerns here.  We’ve already talked about it.  We have huge differences with Iran.  Israel has legitimate concerns about its security relative to Iran.  You have a large country with a significant military that has proclaimed that Israel shouldn’t exist, that has denied the Holocaust, that has financed Hezbollah, and as a consequence there are missiles that are pointed towards Tel Aviv.

And so I think there are very good reasons why Israelis are nervous about Iran’s position in the world generally.  And I’ve said this to Prime Minister Netanyahu, I’ve said it directly to the Israeli people.  But what I’ve also said is that all those threats are compounded if Iran gets a nuclear weapon.  And for all the objections of Prime Minister Netanyahu, or, for that matter, some of the Republican leadership that’s already spoken, none of them have presented to me, or the American people, a better alternative.

I’m hearing a lot of talking points being repeated about “this is a bad deal” — “this is a historically bad deal,” “this will threaten Israel and threaten the world and threaten the United States.”  I mean, there’s been a lot of that.

What I haven’t heard is, what is your preferred alternative?  If 99 percent of the world community and the majority of nuclear experts look at this thing and they say, this will prevent Iran from getting a nuclear bomb, and you are arguing either that it does not, or that even if it does it’s temporary, or that because they’re going to get a windfall of their accounts being unfrozen that they’ll cause more problems, then you should have some alternative to present.  And I haven’t heard that.  And the reason is because there really are only two alternatives here:  Either the issue of Iran obtaining a nuclear weapon is resolved diplomatically through a negotiation, or it’s resolved through force, through war.  Those are the options.

Now, you’ll hear some critics say, well, we could have negotiated a better deal.  Okay.  What does that mean?  I think the suggestion among a lot of the critics has been that a better deal, an acceptable deal would be one in which Iran has no nuclear capacity at all, peaceful or otherwise.  The problem with that position is that there is nobody who thinks that Iran would or could ever accept that, and the international community does not take the view that Iran can’t have a peaceful nuclear program.  They agree with us that Iran cannot have a nuclear weapon.

And so we don’t have diplomatic leverage to eliminate every vestige of a peaceful nuclear program in Iran.  What we do have the leverage to do is to make sure they don’t have a weapon.  That’s exactly what we’ve done.

So to go back to Congress, I challenge those who are objecting to this agreement, number one, to read the agreement before they comment on it; number two, to explain specifically where it is that they think this agreement does not prevent Iran from getting a nuclear weapon, and why they’re right and people like Ernie Moniz, who is an MIT nuclear physicist and an expert in these issues, is wrong, why the rest of the world is wrong, and then present an alternative.

And if the alternative is that we should bring Iran to heel through military force, then those critics should say so.  And that will be an honest debate.

All right.

Q    Mr. President, if I can —

THE PRESIDENT:  No, no —

Q    Prime Minister Netanyahu said that you have a situation where Iran can delay 24 days before giving access to military facilities —

THE PRESIDENT:  I’m happy to — that’s a good example.  So let’s take the issue of 24 days.  This has been I think swirling today, the notion that this is insufficient in terms of inspections.

Now, keep in mind, first of all, that we’ll have 24/7 inspections of declared nuclear facilities — Fordow, Natanz, Arak, their uranium mines; facilities that are known to produce centrifuges, parts.  That entire infrastructure that we know about we will have sophisticated, 24/7 monitoring of those facilities.

So then the issue is, what if they try to develop a covert program?  Now, one of the advantages of having inspections across the entire production chain is that it makes it very difficult to set up a covert program.  There are only so many uranium mines in Iran.  And if, in fact, we’re counting the amount of uranium that’s being mined and suddenly some is missing on the back end, they got some explaining to do.

So we’re able to track what’s happening along the existing facilities to make sure that there is not diversion into a covert program.  But let’s say that Iran is so determined that it now wants to operate covertly.  The IAEA, the international organization charged with implementing the non-proliferation treaty and monitoring nuclear activities in countries around the world — the IAEA will have the ability to say, that undeclared site we’re concerned about, we see something suspicious.  And they will be able to say to Iran, we want to go inspect that.

Now, if Iran objects, we can override it.  In the agreement, we’ve set it up so we can override Iran’s objection.  And we don’t need Russia or China in order for us to get that override.  And if they continue to object, we’re in a position to snap back sanctions and declare that Iran is in violation and is cheating.

As for the fact that it may take 24 days to finally get access to the site, the nature of nuclear programs and facilities is such, this is not something you hide in a closet.  This is not something you put on a dolly and kind of wheel off somewhere.  And, by the way, if we identify an undeclared site that we’re suspicious about, we’re going to be keeping eyes on it.  So we’re going to be monitoring what the activity is, and that’s going to be something that will be evidence if we think that some funny business was going on there that we can then present to the international community.

So we’ll be monitoring that that entire time.  And, by the way, if there is nuclear material on that site, high school physics will remind us that that leaves a trace.  And so we’ll know that, in fact, there was a violation of the agreement.

So the point is, Jonathan, that this is the most vigorous inspection and verification regime by far that has ever been negotiated.  Is it possible that Iran decides to try to cheat despite having this entire inspection verification mechanism?  It’s possible.  But if it does, first of all, we’ve built in a one-year breakout time, which gives us a year to respond forcefully.  And we’ve built in a snap-back provision so we don’t have to go through lengthy negotiations at the U.N. to put the sanctions right back in place.

And so really the only argument you can make against the verification and inspection mechanism that we’ve put forward is that Iran is so intent on obtaining a nuclear weapon that no inspection regime and no verification mechanism would be sufficient because they’d find some way to get around it because they’re untrustworthy.

And if that’s your view, then we go back to the choice that you have to make earlier.  That means, presumably, that you can’t negotiate.  And what you’re really saying is, is that you’ve got to apply military force to guarantee that they don’t have a nuclear program.  And if somebody wants to make that debate — whether it’s the Republican leadership, or Prime Minister Netanyahu, or the Israeli Ambassador or others, they’re free to make it.  But it’s not persuasive.

Carol Lee.

Q    Thank you, Mr. President.  I want to ask you about the arms and ballistic missile embargo.  Why did you decide — agree to lift those even with the five- and eight-year durations?  It’s obviously emerging as a sticking point on the Hill.  And are you concerned that arms to Iran will go to Hezbollah or Hamas?  And is there anything that you or a future President can do to stop that?

And if you don’t mind, I wanted to see if you could step back a little bit, and when you look at this Iran deal and all the other issues and unrest that’s happening in the Middle East, what kind of Middle East do you want to leave when you leave the White House in a year and a half?

THE PRESIDENT:  So the issue of the arms embargo and ballistic missiles is of real concern to us — has been of real concern to us.  And it is in the national security interest of the United States to prevent Iran from sending weapons to Hezbollah, for example, or sending weapons to the Houthis in Yemen that accelerate a civil war there.

We have a number of mechanisms under international law that give us authority to interdict arms shipments by Iran.  One of those mechanisms is the U.N. security resolution related to Iran’s nuclear program.  Essentially, Iran was sanctioned because of what had happened at Fordow, its unwillingness to comply with previous U.N. security resolutions about their nuclear program.  And as part of the package of sanctions that was slapped on them, the issue of arms and ballistic missiles were included.

Now, under the terms of the original U.N. resolution, the fact is that once an agreement was arrived at that gave the international community assurance Iran didn’t have a nuclear weapon, you could argue just looking at the text that those arms and ballistic missile prohibitions should immediately go away.

But what I said to our negotiators was given that Iran has breached trust, and the uncertainty of our allies in the region about Iran’s activities, let’s press for a longer extension of the arms embargo and the ballistic missile prohibitions.  And we got that.  We got five years in which, under this new agreement, arms coming in and out of Iran are prohibited.  And we got eight years with respect to ballistic missiles.

But part of the reason why we were willing to extend it only for five, let’s say, as opposed to a longer period of time, is because we have other U.N. resolutions that prohibit arms sales by Iran to organizations like Hezbollah.  We have other U.N. resolutions and multilateral agreements that give us authority to interdict arms shipments from Iran throughout the region.  And so we’ve had belts and suspenders and buttons, a whole bunch of different legal authorities.  These legal authorities under the nuclear program may lapse after five or eight years, but we’ll still be in possession of other legal authorities that allow us to interdict those arms.

And truthfully, these prohibitions are not self-enforcing.  It’s not like the U.N. has the capacity to police what Iran is doing.

What it does is it gives us authority under international law to prevent arms shipments from happening in concert with our allies and our partners.  And the real problem, if you look at how, for example, Hezbollah got a lot of missiles that are a grave threat to Israel and many of our friends in the region, it’s not because they were legal.  It’s not because somehow that was authorized under international law.  It was because there was insufficient intelligence, or capacity, to stop those shipments.

So the bottom line is, Carol, I share the concerns of Israel, Saudis, Gulf partners about Iran shipping arms and causing conflict and chaos in the region.  And that’s why I’ve said to them, let’s double down and partner much more effectively to improve our intelligence capacity and our interdiction capacity so that fewer of those arms shipments are getting through the net.

But the legal authorities, we’ll still possess.  And obviously, we’ve got our own unilateral prohibitions and sanctions in place around non-nuclear issues, like support for Hezbollah.  And those remain in place.

Now, in terms of the larger issues of the Middle East, obviously that’s a longer discussion.  I think my key goal when I turn over the keys to the President — the next President — is that we are on track to defeat ISIL; that they are much more contained and we’re moving in the right direction there.  That we have jumpstarted a process to resolve the civil war in Syria, which is like an open sore in the region and is giving refuge to terrorist organizations who are taking advantage of that chaos.  To make sure that in Iraq not only have we pushed back ISIL, but we’ve also created an environment in which Sunni, Shia and Kurd are starting to operate and function more effectively together.  And to be in a conversation with all our partners in the region about how we have strengthened our security partnerships so that they feel they can address any potential threats that may come, including threats from Iran.  And that includes providing additional security assurances and cooperation to Israel, building on the unprecedented cooperation that we have already put in place and support that we’ve already put in place.  It includes the work that we’ve done with the GCC up at Camp David, making sure that we execute that.

If we’ve done those things, then the problems in the Middle East will not be solved.  And ultimately, it’s not the job of the President of the United States to solve every problem in the Middle East.  The people of the Middle East are going to have to solve some of these problems themselves.  But I think we can provide that next President at least a foundation for continued progress in these various areas.

The last thing I would say — and this is a longer-term issue — is we have to address the youth in the region with jobs and opportunity and a better vision for the future so that they are not tempted by the nihilistic, violent dead-end that organizations like ISIL offer.  Again, we can’t do that entirely by ourselves, but we can partner with well-intentioned organizations, states, NGOs, religious leaders in the region.  We have to do a better job of that than we’ve been doing so far.

Michael Crowley.

Q    Thank you.  You alluded earlier to Iran’s role in Syria, just to focus on that for a moment.  Many analysts and some former members of your administration believe that the kind of negotiated political settlement that you say is necessary in Syria will require working directly with Iran and giving Iran an important role.  Do you agree?  And is that a dialogue you’ll be actively seeking?

And what about the fight against ISIS?  What would it take for there to be explicit cooperation between the U.S. and Iran?

THE PRESIDENT:  I do agree that we’re not going to solve the problems in Syria unless there’s buy-in from the Russians, the Iranians, the Turks, our Gulf partners.  It’s too chaotic.  There are too many factions.  There’s too much money and too many arms flooding into the zone.  It’s gotten caught up in both sectarian conflict and geopolitical jockeying.  And in order for us to resolve it, there’s going to have to be agreement among the major powers that are interested in Syria that this is not going to be won on the battlefield.  So Iran is one of those players, and I think that it’s important for them to be part of that conversation.

I want to repeat what I said earlier.  We have not — and I don’t anticipate any time in the near future — restored normal diplomatic relations with Iran.  And so I do not foresee a formal set of agreements with Iran in terms of how we’re conducting our counter-ISIL campaign.

But clearly, Iran has influence in Iraq.  Iraq has a majority Shia population.  They have relationships to Iran.  Some are natural.  We expect somebody like Prime Minister Abadi to meet with and negotiate and work with Iran as its neighbor.  Some are less legitimate, where you see Iran financing Shia militias that in the past have killed American soldiers and in the future may carry out atrocities when they move into Sunni areas.

And so we’re working with our diplomats on the ground, as well as our military teams on the ground to asses where can we appropriately at least de-conflict, and where can we work with Prime Minister Abadi around an overall strategy for Iraq to regain its sovereignty, and where do we tell Abadi, you know what, what Iran is doing there is a problem, and we can’t cooperate in that area, for example, unless you get those folks out of there because we’re not going to have our troops, even in an advisory or training role, looking over their shoulders because they’re not sure of what might happen to them.  And those conversations have been ongoing.  I think they will continue.

The one thing you can count on is that any work that the U.S. government does, or the U.S. military does in Iraq with other partners on the ground is premised on the idea that they are reporting to — under the chain of command of the Iraqi government and Iraqi security forces.  If we don’t have confidence that ultimately Abadi is directing those soldiers, then it’s tough for us to have any kind of direct relationship.

Major Garrett.

Q    Thank you, Mr. President.  As you well know, there are four Americans in Iran — three held on trumped-up charges, according to your administration; one, whereabouts unknown.  Can you tell the country, sir, why you are content, with all the fanfare around this deal, to leave the conscience of this nation and the strength of this nation unaccounted for in relation to these four Americans?

And last week, the Chairman of the Joint Chiefs of Staff said, under no circumstances should there be any relief for Iran in terms of ballistic missiles or conventional weapons.  It is perceived that that was a last-minute capitulation in these negotiations.  Many in the Pentagon feel you’ve left the Chairman of the Joint Chiefs of Staff hung out to dry.  Could you comment?

THE PRESIDENT:  I got to give you credit, Major, for how you craft those questions.  The notion that I am content as I celebrate with American citizens languishing in Iranian jails — Major, that’s nonsense, and you should know better.

I’ve met with the families of some of those folks.  Nobody is content.  And our diplomats and our teams are working diligently to try to get them out.

Now, if the question is why we did not tie the negotiations to their release, think about the logic that that creates.  Suddenly, Iran realizes, you know what, maybe we can get additional concessions out of the Americans by holding these individuals.  It makes it much more difficult for us to walk away if Iran somehow thinks that a nuclear deal is dependent in some fashion on the nuclear deal.  And, by the way, if we had walked away from the nuclear deal, we’d still be pushing them just as hard to get these folks out.  That’s why those issues are not connected.  But we are working every single day to try to get them out, and won’t stop until they’re out and rejoined with their families.

With respect to the Chairman’s testimony, to some degree I already answered this with Carol.  We are not taking the pressure off Iran with respect to arms and with respect to ballistic missiles.  As I just explained, not only do we keep in place for five years the arms embargo under this particular new U.N. resolution, not only do we maintain the eight years on the ballistic missiles under this particular U.N. resolution, but we have a host of other multilateral and unilateral authorities that allow us to take action where we see Iran engaged in those activities whether it’s six years from now or 10 years from now.

So we have not lost those legal authorities.  And in fact, part of my pitch to the GCC countries, as well as to Prime Minister Netanyahu, is we should do a better job making sure that Iran is not engaged in sending arms to organizations like Hezbollah.  And as I just indicated, that means improving our intelligence capacity and our interdiction capacity with our partners.

April Ryan.

Q    Thank you, Mr. President.  I want to change the subject a bit.  Earlier this year, on the flight to Selma, you said, on matters of race, as President your job is to close the remaining gaps that are left in state and federal government.  Now, how does criminal justice reform fit into that equation?  And what gaps remain for you towards the end of your presidency?  And also, what does it mean to travel to Kenya, your father’s homeland, in the next couple of weeks as President to the United States?  And lastly, would you revoke the Medal of Freedom from Bill Cosby?

THE PRESIDENT:  You stuffed a lot in there, April.  (Laughter.)

Q    I learned from my colleagues.

THE PRESIDENT:  Say, who did you learn from?  Jonathan Karl?  Is that what you said?  (Laughter.)

Q    On criminal justice reform, obviously I gave a lengthy speech yesterday, but this is something that I’ve been thinking about a lot; been working first with Eric Holder, now with Loretta Lynch about — we’ve been working on along with other prosecutors of the U.S. Attorney’s Office.  It’s an outgrowth of the task force that we put together, post-Ferguson and the Garner case in New York.

And I don’t think that the criminal justice system is obviously the sole source of racial tension in this country, or the key institution to resolving the opportunity gap.  But I think it is a part of the broader set of challenges that we face in creating a more perfect union.

And the good news is, is that this is one of those rare issues where we’ve got some Republican and Democratic interest, as well as federal, state, and local interest in solving the problem.  I think people recognize that there are violent criminals out there and they’ve got to be locked up.  We’ve got to have tough prosecutors, we have to support our law enforcement officials.  Police are in a tough job and they are helping to keep us safe, and we are grateful and thankful to them.

But what we also know is this huge spike in incarcerations is also driven by non-violent drug offenses where the sentencing is completely out of proportion with the crime.  And that costs taxpayers enormous amounts of money.  It is debilitating communities who are seeing huge proportions of the young men in their communities finding themselves with a criminal record, rendering them oftentimes unemployable.  So it compounds problems that these communities already have.

And so I am very appreciative of folks like Dick Durbin and Cory Booker, alongside Mike Lee and Rand Paul and other folks in the House who are working together to see if we can both reduce some of these mandatory minimums around non-violent drug offenses.  Because again, I tend not to have a lot of sympathy when it comes to violent crime.  But when it comes to non-violent drug offenses, is there work that we can do to reduce mandatory minimums, create more diversion programs like drug courts?  Then, can we do a better job on the rehabilitation side inside of prisons so that we are preparing these folks who are eventually going to be released to reenter the workforce?  On the back end, are we doing more to link them up with reentry programs that are effective?

And this may be an area where we could have some really significant bipartisan legislation that doesn’t eliminate all the other challenges we’ve got.  Because the most important goal is keeping folks from getting in the criminal justice system in the first place, which means early childhood education and good jobs, and making sure that we’re not segregating folks in impoverished communities that have no contact with opportunity.

But this can make a difference.  I met these four ex-offenders, as I said, yesterday, and what was remarkable was how they had turned their lives around.  And these were some folks who had been some pretty tough criminals.  One of them had served 10 years; another was a repeat offender that had served a lot of time.  And in each instance, somebody intervened at some point in their lives — once they had already been in the criminal justice system, once they had already gotten in trouble — and said, you know what, I think you can live a different way, and I’m willing to help you.

And that one person, an art teacher, or a GED teacher, or somebody who was willing to offer a guy a job — I want to give a shout-out to Five Guys, because one of the guys there was an ex-felon, and Five Guys gave him a job.  And he ended up becoming a manager at the store and was able to completely turn his life around.  But the point was, somebody reached out to that person and gave him a chance.

And so part of our question should be, how about somebody reaching out to these guys when they’re 10, or 11, or 12, or eight, as opposed to waiting until they’ve already gone through a criminal justice program.  That’s part of why we’re doing My Brother’s Keeper.  But this is an area where I feel modestly optimistic.

I think in the meantime we’ve got to stay on top of keeping the crime rate down, because part of the reason I think there’s a conversation taking place is violent crime has significantly dropped.  Last year, we saw both incarcerations and the crime rate drop, and this can always turn if we start seeing renewed problems in terms of violent crime.  And there’s parts of the country where violent crime is still a real problem, including my hometown of Chicago, and in Baltimore.

And part of what I’ve asked Attorney General Lynch to do is to figure out how can we refocus attention.  If we’re going to do a package of criminal justice reforms, part of it would be actually having a greater police presence and more law enforcement in the communities that are really getting hit hard and haven’t seen some of the drops in violent crime that we’ve seen in places like Manhattan, for example.

With respect to the visit to Kenya, it’s obviously something I’m looking forward to.  I’ll be honest with you, visiting Kenya as a private citizen is probably more meaningful to me than visiting as President because I can actually get outside of a hotel room or a conference center.  And just the logistics of visiting a place are always tough as President, but it’s obviously symbolically important.  And my hope is, is that we can deliver a message that the U.S. is a strong partner not just for Kenya, but for Sub-Saharan Africa generally; build on the progress that’s been made around issues of health and education; focus on counterterrorism issues that are important in East Africa because of al-Shabaab and some of the tragedies that have happened inside of Kenya; and continue to encourage democracy and the reduction of corruption inside that country that sometimes has held back this incredibly gifted and blessed country.

And with respect to the Medal of Freedom, there’s no precedent for revoking a medal.  We don’t have that mechanism.  And as you know, I tend to make it a policy not to comment on the specifics of cases where there might still be, if not criminal, then civil issues involved.

I’ll say this:  If you give a woman — or a man, for that matter — without his or her knowledge, a drug, and then have sex with that person without consent, that’s rape.  And I think this country — any civilized country — should have no tolerance for rape.

All right.  Have we exhausted Iran questions here?  I think there’s a helicopter that’s coming.  But I really am enjoying this Iran debate.  Topics that may not have been touched upon, criticisms that you’ve heard that I did not answer?  Go ahead.  I know Josh is getting a little stressed here — (laughter) — but I just want to make sure that we’re not leaving any stones unturned here.  Go ahead.

Q    Thanks, Mr. President.  I’ll be brief.  The argument has been made that Iran now has a cash windfall, billions to spend.  Your people seem confident they’re going to spend it at home.  Why are you confident they’re not going to spend it on arming Hezbollah, arming Bashar al-Assad, et cetera?

THE PRESIDENT:  I think that’s a great question and I’m glad you brought it up.  I think it is a mistake to characterize our belief that they will just spend it on daycare centers, and roads, and paying down debt.  We think that they have to do some of that, because Rouhani was elected specifically on the premise of improving the economic situation inside of Iran.  That economy has tanked since we imposed sanctions.

So the notion that they’re just immediately going to turn over $100 billion to the IRGC or the Quds Force I think runs contrary to all the intelligence that we’ve seen and the commitments that the Iranian government has made.

Do we think that with the sanctions coming down, that Iran will have some additional resources for its military and for some of the activities in the region that are a threat to us and a threat to our allies?  I think that is a likelihood that they’ve got some additional resources.  Do I think it’s a game-changer for them?  No.

They are currently supporting Hezbollah, and there is a ceiling — a pace at which they could support Hezbollah even more, particularly in the chaos that’s taking place in Syria.  So can they potentially try to get more assistance there?  Yes.  Should we put more resources into blocking them from getting that assistance to Hezbollah?  Yes.  Is the incremental additional money that they’ve got to try to destabilize the region or send to their proxies, is that more important than preventing Iran from getting a nuclear weapon?  No.  So I think — again, this is a matter of us making a determination of what is our priority.

The other problem with the argument that folks have been making about, oh, this is a windfall and suddenly Iran is flushed with cash, and they’re going to take over the world.  And I say that not tongue-in-cheek, because if you look at some of the statements by some of our critics, you would think that Iran is, in fact, going to take over the world as a consequence of this deal — which I think would be news to the Iranians.

That argument is also premised on the notion that if there is no deal, if Congress votes down this deal, that we’re able to keep sanctions in place with the same vigor and effectiveness as we have right now.  And that, I can promise you, is not true.  That is absolutely not true.  I want to repeat:  We’re not writing Iran a check.  This is Iran’s money that we were able to block from them having access to.  That required the cooperation of countries all around the world, many of whom really want to purchase oil from Iran.  The imposition of sanctions — their cooperation with us — has cost them billions of dollars, made it harder for them.  They’ve been willing to do that because they’ve believed we were sincere about trying to resolve the nuclear issue peacefully, and they considered that a priority — a high enough priority that they were willing to cooperate with us on sanctions.

If they saw us walking away, or more specifically, if they saw the U.S. Congress effectively vetoing the judgment of 99 percent of the world community that this is a deal that resolves the Iranian weapons program — nuclear weapons program in an equitable way, the sanctions system unravels.  And so we could still maintain some of our unilateral sanctions, but it would be far less effective — as it was before we were able to put together these multilateral sanctions.

So maybe they don’t get $100 billion; maybe they get $60 billion or $70 billion instead.  The price for that that we’ve paid is that now Iran is pursuing a nuclear weapon.  We have no inspectors on the ground.  We don’t know what’s going on.  They’re still getting some cash windfall.  We’ve lost credibility in the eyes of the world.  We will have effectively united Iran and divided ourselves from our allies.  A terrible position to be in.

I’m just going to look — I made some notes about any of the arguments — the other arguments that I’ve heard here.

Q    What about — (off-mic) — the end of the deal?

THE PRESIDENT:  Okay, yes, that’s a good one.  The notion —

Q    At the end of the deal they could go back —

THE PRESIDENT:  Right.  Well, so let’s address this issue of — because that’s the other big argument that’s been made.  All right, let’s assume that the deal holds for 10 years, Iran doesn’t cheat.  Now, at the end of 10 years, some of the restrictions have been lifted — although, remember, others stay in place for 15 years.  So for example, they’ve still got to keep their stockpiles at a minimal level for 15 years.  The inspections don’t go away; those are still in place 15, 20 years from now.  Their commitment under the Non-Proliferation Treaty does not go away; that’s still in place.  The additional protocol that they have to sign up for under this deal, which requires a more extensive inspection and verification mechanism — that stays in place.

So there’s no scenario in which a U.S. President is not in a stronger position 12, 13, 15 years from now if, in fact, Iran decided at that point they still wanted to get a nuclear weapon.  Keep in mind, we will have maintained a one-year breakout time, we will have rolled back their program, frozen their facilities, kept them under severe restrictions, had observers.  They will have made international commitments supported by countries around the world.

And — hold on a second — and if at that point they finally decided, you know what, we’re going to cheat, or not even cheat — at that point, they decide openly we’re now pursuing a nuclear weapon — they’re still in violation of this deal and the commitments they’ve made internationally.

And so we are still in a position to mobilize the world community to say, no, you can’t have a nuclear weapon.  And they’re not in a stronger position to get a nuclear weapon at that point; they’re in a weaker position than they are today.  And, by the way, we haven’t given away any of our military capabilities.  We’re not in a weaker position to respond.

So even if everything the critics were saying was true — that at the end of 10 years, or 12 years, or 15 years, Iran now is in a position to decide it wants a nuclear weapon, that they’re at a breakout point — they won’t be at a breakout point that is more dangerous than the breakout point they’re in right now.  They won’t be at a breakout point that is shorter than the one that exists today.  And so why wouldn’t we at least make sure that for the next 10, 15, years they are not getting a nuclear weapon and we can verify it; and afterwards, if they decide if they’ve changed their mind, we are then much more knowledgeable about what their capabilities are, much more knowledgeable about what their program is, and still in a position to take whatever actions we would take today?

Q    So none of this is holding out hope that they’ll change their behavior?

THE PRESIDENT:  No.

Q    Nothing different —

THE PRESIDENT:  No.  Look, I’m always hopeful that behavior may change for the sake of the Iranian people as well as people in the region.  There are young people there who are not getting the opportunities they deserve because of conflict, because of sectarianism, because of poor governance, because of repression, because of terrorism.  And I remain eternally hopeful that we can do something about that, and it should be part of U.S. foreign policy to do something about that.  But I’m not banking on that to say that this deal is the right thing to do.

Again, it is incumbent on the critics of this deal to explain how an American President is in a worse position 12, 13, 14, 15 years from now if, in fact, at that point Iran says we’re going to pull out of the NPT, kick out inspectors and go for a nuclear bomb.  If that happens, that President will be in a better position than what happened if Iran, as a consequence of Congress rejecting this deal, decides that’s it, we’re done negotiating, we’re going after a bomb right now.

The choices would be tougher today than they would be for that President 15 years from now.  And I have not yet heard logic that refutes that.

All right.  I really have to go now.  I think we’ve hit the big themes.  But I promise you, I will address this again.  All right?  I suspect this is not the last that we’ve heard of this debate.

END
2:33 P.M. EDT

Full Text Political Transcripts July 14, 2015: Joint statement by EU High Representative Federica Mogherini and Iranian Foreign Minister Javad Zarif on reaching the Iran Nuclear Deal

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

STATEMENT

Joint statement by EU High Representative Federica Mogherini and Iranian Foreign Minister Javad Zarif Vienna, 14 July 2015

Source: EEAS, 7-14-15

Today is an historic day.

It is a great honour for us to announce that we have reached an agreement on the Iranian nuclear issue.

With courage, political will, mutual respect and leadership, we delivered on what the world was hoping for: a shared commitment to peace and to join hands in order to make our world safer. This is an historic day also because we are creating the conditions for building trust and opening a new chapter in our relationship.

This achievement is the result of a collective effort.

No one ever thought it would be easy. Historic decisions never are. But despite all twists and turns of the talks, and the number of extensions, hope and determination enabled us to overcome all the difficult moments. We have always been aware we had a responsibility to our generation and the future ones.

Thanks to the constructive engagement of all parties, and the dedication and ability of our teams, we have successfully concluded negotiations and resolved a dispute that lasted more than 10 years.

Many people brought these difficult negotiations forward during the last decade and we would like to thank all of them – as we would like to thank the International Atomic Energy Agency for its critical contribution and close cooperation as well as the Austrian government for the support and hospitality.

We, the EU High Representative for Foreign and Security policy and the Foreign Minister of the Islamic Republic of Iran, together with the Foreign Ministers of the People´s Republic of China, France, Germany, the Russian Federation, the United Kingdom and the United States of America met here in Vienna, following several months of intensive work, at various levels and in different formats, to negotiate the text of the Joint Comprehensive Plan of Action (JCPOA), based on the key parameters agreed in Lausanne on 2 April.

We have today agreed on the final text of this Joint Comprehensive Plan of Action

The E3/EU+3 and the Islamic Republic of Iran welcome this historic Joint Comprehensive Plan of Action (JCPOA), which will ensure that Iran’s nuclear programme will be exclusively peaceful, and mark a fundamental shift in their approach to this issue. They anticipate that full implementation of this Joint Comprehensive Plan of Action will positively contribute to regional and international peace and security. Iran reaffirms that under no circumstances will Iran ever seek, develop or acquire any nuclear weapons.

The Joint Comprehensive Plan of Action includes Iran’s own long-term plan with agreed limitations on Iran’s nuclear program, and will produce the comprehensive lifting of all UN Security Council sanctions as well as multilateral and national sanctions related to Iran’s nuclear programme, including steps on access in areas of trade, technology, finance, and energy.

The Joint Comprehensive Plan of Action comprises of a main text, and five technical annexes – on nuclear, sanctions, civil nuclear energy cooperation, a joint commission, and implementation. These documents are detailed and specific: that is important because all sides wanted clarity so as to ensure the full and effective implementation of the agreement.

The Joint Comprehensive Plan of Action is a balanced deal that respects the interests of all sides. It is also complex, detailed and technical: we cannot fully summarise the agreement now. But the full main text and all its annexes will be made public still today and will be presented within the next few days by the E3+3 to the Security Council for endorsement.

We know that this agreement will be subject to intense scrutiny. But what we are announcing today is not only a deal but a good deal. And a good deal for all sides – and the wider international community.

This agreement opens new possibilities and a way forward to end a crisis that has lasted for more than 10 years. We are committed to make sure this Joint Comprehensive Plan of Action is fully implemented, counting also on the contribution of the International Atomic Energy Agency.

We call on the world community to support the implementation of this historic effort.

This is the conclusion of our negotiations, but this is not the end of our common work. We will keep doing this important task together.

 

 

Full Text Political Transcripts July 14, 2015: Speaker John Boehner’s Statement on Iran Nuclear Deal

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

Speaker Boehner Statement on Iran Nuclear Agreement

Source: Speaker Boehner’s Press Office, 7-14-15

“At the outset of these talks, the Obama administration said it would secure an agreement that affirmed Iran does not have a right to enrich and permanently dismantles the infrastructure of its nuclear programs. It said that sanctions would not be lifted until Iran met concrete, verifiable standards. And if these terms were not met, the president promised he would walk away.

“The American people and our allies were counting on President Obama to keep his word. Instead, the president has abandoned his own goals. His ‘deal’ will hand Iran billions in sanctions relief while giving it time and space to reach a break-out threshold to produce a nuclear bomb – all without cheating. Instead of making the world less dangerous, this ‘deal’ will only embolden Iran – the world’s largest sponsor of terror – by helping stabilize and legitimize its regime as it spreads even more violence and instability in the region. Instead of stopping the spread of nuclear weapons in the Middle East, this deal is likely to fuel a nuclear arms race around the world.

“The House of Representatives will review every detail of this agreement very closely, but I won’t support any agreement that jeopardizes the safety of the American people and all who value freedom and security. This isn’t about Republicans versus Democrats. It’s about right and wrong. And we will fight a bad deal that is wrong for our national security and wrong for our country.”
– See more at: http://www.speaker.gov/press-release/speaker-boehner-statement-iran-nuclear-agreement#sthash.JkHQYhtS.dpuf

Full Text Political Transcripts July 14, 2015: Full Text of Iran Nuclear Deal

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

Full text of the Iran nuclear deal

The accord will end decades of economic sanctions against Iran in exchange for restrictions on its nuclear program…READ MORE

Iran nuclear deal text

https://www.scribd.com/embeds/271540447/content?start_page=1&view_mode=scroll&show_recommendations=true

The Iran nuclear deal: full text

Source: CNN, 7-14-15

The following is the full text of the nuclear deal between Iran and six world powers:

Joint Plan of Action

Preamble

The goal for these negotiations is to reach a mutually-agreed long-term comprehensive solution that would ensure Iranˈs nuclear program will be exclusively peaceful. Iran reaffirms that under no circumstances will Iran ever seek or develop any nuclear weapons. This comprehensive solution would build on these initial measures and result in a final step for a period to be agreed upon and the resolution of concerns. This comprehensive solution would enable Iran to fully enjoy its right to nuclear energy for peaceful purposes under the relevant articles of the NPT in conformity with its obligations therein. This comprehensive solution would involve a mutually defined enrichment program with practical limits and transparency measures to ensure the peaceful nature of the program. This comprehensive solution would constitute an integrated whole where nothing is agreed until everything is agreed. This comprehensive solution would involve a reciprocal, step-by step process, and would produce the comprehensive lifting of all UN Security Council sanctions, as well as multilateral and national sanctions related to Iranˈs nuclear program.

There would be additional steps in between the initial measures and the final step, including, among other things, addressing the UN Security Council resolutions, with a view toward bringing to a satisfactory conclusion the UN Security Councilˈs consideration of this matter. The E3+3 and Iran will be responsible for conclusion and implementation of mutual near-term measures and the comprehensive solution in good faith. A Joint Commission of E3/EU+3 and Iran will be established to monitor the implementation of the near-term measures and address issues that may arise, with the IAEA responsible for verification of nuclear-related measures. The Joint Commission will work with the IAEA to facilitate resolution of past and present issues of concern.

Elements of a first step

The first step would be time-bound, with a duration of 6 months, and renewable by mutual consent, during which all parties will work to maintain a constructive atmosphere for negotiations in good faith.

Iran would undertake the following voluntary measures:

* From the existing uranium enriched to 20%, retain half as working stock of 20% oxide for fabrication of fuel for the TRR. Dilute the remaining 20% UF6 to no more than 5%. No reconversion line.

* Iran announces that it will not enrich uranium over 5% for the duration of the 6 months.

* Iran announces that it will not make any further advances of its activities at the Natanz Fuel Enrichment Plant (1), Fordow (2), or the Arak reactor (3), designated by the IAEA as IR-40.

* Beginning when the line for conversion of UF6 enriched up to 5% to UO2 is ready, Iran has decided to convert to oxide UF6 newly enriched up to 5% during the 6 month period, as provided in the operational schedule of the conversion plant declared to the IAEA.

* No new locations for the enrichment.

* Iran will continue its safeguarded R&D practices, including its current enrichment R&D practices, which are not designed for accumulation of the enriched uranium.

* No reprocessing or construction of a facility capable of reprocessing.

* Enhanced monitoring:

– Provision of specified information to the IAEA, including information on Iranˈs plans for nuclear facilities, a description of each building on each nuclear site, a description of the scale of operations for each location engaged in specified nuclear activities, information on uranium mines and mills, and information on source material. This information would be provided within three months of the adoption of these measures.

– Submission of an updated DIQ for the reactor at Arak, designated by the IAEA as the IR-40, to the IAEA.

– Steps to agree with the IAEA on conclusion of the Safeguards Approach for the reactor at Arak, designated by the IAEA as the IR-40.

– Daily IAEA inspector access when inspectors are not present for the purpose of Design Information Verification, Interim Inventory Verification, Physical Inventory Verification, and unannounced inspections, for the purpose of access to offline surveillance records, at Fordow and Natanz.

– IAEA inspector managed access to:

. centrifuge assembly workshops4;

. centrifuge rotor production workshops and storage facilities; and,

. uranium mines and mills.

In return, the E3/EU+3 would undertake the following voluntary measures:

– Pause efforts to further reduce Iranˈs crude oil sales, enabling Iranˈs current customers to purchase their current average amounts of crude oil. Enable the repatriation of an agreed amount of revenue held abroad. For such oil sales, suspend the EU and U.S. sanctions on associated insurance and transportation services.

– Suspend U.S. and EU sanctions on:

. Iranˈs petrochemical exports, as well as sanctions on associated services. (5)

. Gold and precious metals, as well as sanctions on associated services.

• Suspend U.S. sanctions on Iranˈs auto industry, as well as sanctions on associated services.

• License the supply and installation in Iran of spare parts for safety of flight for Iranian civil aviation and associated services. License safety related inspections and repairs in Iran as well as associated services. (6)

• No new nuclear-related UN Security Council sanctions.

• No new EU nuclear-related sanctions.

• The U.S. Administration, acting consistent with the respective roles of the President and the Congress, will refrain from imposing new nuclear-related sanctions.

• Establish a financial channel to facilitate humanitarian trade for Iranˈs domestic needs using Iranian oil revenues held abroad. Humanitarian trade would be defined as transactions involving food and agricultural products, medicine, medical devices, and medical expenses incurred abroad. This channel would involve specified foreign banks and non-designated Iranian banks to be defined when establishing the channel.

* This channel could also enable:

a- transactions required to pay Iranˈs UN obligations; and,

b- direct tuition payments to universities and colleges for Iranian students studying abroad, up to an agreed amount for the six month period.

• Increase the EU authorisation thresholds for transactions for non-sanctioned trade to an agreed amount.

Elements of the final step of a comprehensive solution*

The final step of a comprehensive solution, which the parties aim to conclude negotiating and commence implementing no more than one year after the adoption of this document, would:

• Have a specified long-term duration to be agreed upon.

• Reflect the rights and obligations of parties to the NPT and IAEA Safeguards Agreements.

• Comprehensively lift UN Security Council, multilateral and national nuclear-related sanctions, including steps on access in areas of trade, technology, finance, and energy, on a schedule to be agreed upon.

• Involve a mutually defined enrichment program with mutually agreed parameters consistent with practical needs, with agreed limits on scope and level of enrichment activities, capacity, where it is carried out, and stocks of enriched uranium, for a period to be agreed upon.

• Fully resolve concerns related to the reactor at Arak, designated by the IAEA as the IR-40. No reprocessing or construction of a facility capable of reprocessing.

• Fully implement the agreed transparency measures and enhanced monitoring. Ratify and implement the Additional Protocol, consistent with the respective roles of the President and the Majlis (Iranian parliament).

• Include international civil nuclear cooperation, including among others, on acquiring modern light water power and research reactors and associated equipment, and the supply of modern nuclear fuel as well as agreed R&D practices.

Following successful implementation of the final step of the comprehensive solution for its full duration, the Iranian nuclear program will be treated in the same manner as that of any non-nuclear weapon state party to the NPT.

—————————————————————————————

(Footnotes)

(1) Namely, during the 6 months, Iran will not feed UF6 into the centrifuges installed but not enriching uranium. Not install additional centrifuges. Iran announces that during the first 6 months, it will replace existing centrifuges with centrifuges of the same type.

(2) At Fordow, no further enrichment over 5% at 4 cascades now enriching uranium, and not increase enrichment capacity. Not feed UF6 into the other 12 cascades, which would remain in a non-operative state. No interconnections between cascades. Iran announces that during the first 6 months, it will replace existing centrifuges with centrifuges of the same type.

(3) Iran announces on concerns related to the construction of the reactor at Arak that for 6 months it will not commission the reactor or transfer fuel or heavy water to the reactor site and will not test additional fuel or produce more fuel for the reactor or install remaining components.

(4) Consistent with its plans, Iranˈs centrifuge production during the 6 months will be dedicated to replace damaged machines.

(5) ˈSanctions on associated servicesˈ means any service, such as insurance, transportation, or financial, subject to the underlying U.S. or EU sanctions applicable, insofar as each service is related to the underlying sanction and required to facilitate the desired transactions. These services could involve any non-designated Iranian entities.

(6) Sanctions relief could involve any non-designated Iranian airlines as well as Iran Air.

* With respect to the final step and any steps in between, the standard principle that ˈnothing is agreed until everything is agreedˈ applies.ˈ

Full Text Obama Presidency July 14, 2015: President Barack Obama’s Statement on Iran Nuclear Deal Transcript

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

Statement by the President on Iran

Source: WH, 7-14-15

State Floor

**Please see below for a correction, marked with an asterisk.

7:02 A.M. EDT

THE PRESIDENT:  Today, after two years of negotiations, the United States, together with our international partners, has achieved something that decades of animosity has not — a comprehensive, long-term deal with Iran that will prevent it from obtaining a nuclear weapon.

This deal demonstrates that American diplomacy can bring about real and meaningful change — change that makes our country, and the world, safer and more secure.  This deal is also in line with a tradition of American leadership.  It’s now more than 50 years since President Kennedy stood before the American people and said, “Let us never negotiate out of fear, but let us never fear to negotiate.”  He was speaking then about the need for discussions between the United States and the Soviet Union, which led to efforts to restrict the spread of nuclear weapons.

In those days, the risk was a catastrophic nuclear war between two super powers.  In our time, the risk is that nuclear weapons will spread to more and more countries, particularly in the Middle East, the most volatile region in our world.

Today, because America negotiated from a position of strength and principle, we have stopped the spread of nuclear weapons in this region.  Because of this deal, the international community will be able to verify that the Islamic Republic of Iran will not develop a nuclear weapon.

This deal meets every single one of the bottom lines that we established when we achieved a framework earlier this spring.  Every pathway to a nuclear weapon is cut off.  And the inspection and transparency regime necessary to verify that objective will be put in place.  Because of this deal, Iran will not produce the highly enriched uranium and weapons-grade plutonium that form the raw materials necessary for a nuclear bomb.

Because of this deal, Iran will remove two-thirds of its installed centrifuges — the machines necessary to produce highly enriched uranium for a bomb — and store them under constant international supervision.  Iran will not use its advanced centrifuges to produce enriched uranium for the next decade.  Iran will also get rid of 98 percent of its stockpile of enriched uranium.

To put that in perspective, Iran currently has a stockpile that could produce up to 10 nuclear weapons.  Because of this deal, that stockpile will be reduced to a fraction of what would be required for a single weapon.  This stockpile limitation will last for 15 years.

Because of this deal, Iran will modify the core of its reactor in Arak so that it will not produce weapons-grade plutonium.  And it has agreed to ship the spent fuel from the reactor out of the country for the lifetime of the reactor.  For at least the next 15 years, Iran will not build any new heavy-water reactors.

Because of this deal, we will, for the first time, be in a position to verify all of these commitments.  That means this deal is not built on trust; it is built on verification.  Inspectors will have 24/7 access to Iran’s key nuclear facilities.

*Iran [Inspectors] will have access to Iran’s entire nuclear supply chain — its uranium mines and mills, its conversion facility, and its centrifuge manufacturing and storage facilities.  This ensures that Iran will not be able to divert materials from known facilities to covert ones.  Some of these transparency measures will be in place for 25 years.

Because of this deal, inspectors will also be able to access any suspicious location.  Put simply, the organization responsible for the inspections, the IAEA, will have access where necessary, when necessary.  That arrangement is permanent.  And the IAEA has also reached an agreement with Iran to get access that it needs to complete its investigation into the possible military dimensions of Iran’s past nuclear research.

Finally, Iran is permanently prohibited from pursuing a nuclear weapon under the Nuclear Non-Proliferation Treaty, which provided the basis for the international community’s efforts to apply pressure on Iran.

As Iran takes steps to implement this deal, it will receive relief from the sanctions that we put in place because of Iran’s nuclear program — both America’s own sanctions and sanctions imposed by the United Nations Security Council.  This relief will be phased in.  Iran must complete key nuclear steps before it begins to receive new sanctions relief.  And over the course of the next decade, Iran must abide by the deal before additional sanctions are lifted, including five years for restrictions related to arms, and eight years for restrictions related to ballistic missiles.

All of this will be memorialized and endorsed in a new United Nations Security Council resolution.  And if Iran violates the deal, all of these sanctions will snap back into place.  So there’s a very clear incentive for Iran to follow through, and there are very real consequences for a violation.

That’s the deal.  It has the full backing of the international community.  Congress will now have an opportunity to review the details, and my administration stands ready to provide extensive briefings on how this will move forward.

As the American people and Congress review the deal, it will be important to consider the alternative.  Consider what happens in a world without this deal.  Without this deal, there is no scenario where the world joins us in sanctioning Iran until it completely dismantles its nuclear program.  Nothing we know about the Iranian government suggests that it would simply capitulate under that kind of pressure.  And the world would not support an effort to permanently sanction Iran into submission.  We put sanctions in place to get a diplomatic resolution, and that is what we have done.

Without this deal, there would be no agreed-upon limitations for the Iranian nuclear program.  Iran could produce, operate and test more and more centrifuges.  Iran could fuel a reactor capable of producing plutonium for a bomb.  And we would not have any of the inspections that allow us to detect a covert nuclear weapons program.  In other words, no deal means no lasting constraints on Iran’s nuclear program.

Such a scenario would make it more likely that other countries in the region would feel compelled to pursue their own nuclear programs, threatening a nuclear arms race in the most volatile region of the world.  It would also present the United States with fewer and less effective options to prevent Iran from obtaining a nuclear weapon.

I’ve been President and Commander-in-Chief for over six years now.  Time and again, I have faced decisions about whether or not to use military force.  It’s the gravest decision that any President has to make.  Many times, in multiple countries, I have decided to use force.  And I will never hesitate to do so when it is in our national security interest.  I strongly believe that our national security interest now depends upon preventing Iran from obtaining a nuclear weapon — which means that without a diplomatic resolution, either I or a future U.S. President would face a decision about whether or not to allow Iran to obtain a nuclear weapon or whether to use our military to stop it.

Put simply, no deal means a greater chance of more war in the Middle East.  Moreover, we give nothing up by testing whether or not this problem can be solved peacefully.  If, in a worst-case scenario, Iran violates the deal, the same options that are available to me today will be available to any U.S. President in the future.  And I have no doubt that 10 or 15 years from now, the person who holds this office will be in a far stronger position with Iran further away from a weapon and with the inspections and transparency that allow us to monitor the Iranian program.

For this reason, I believe it would be irresponsible to walk away from this deal.  But on such a tough issue, it is important that the American people and their representatives in Congress get a full opportunity to review the deal.  After all, the details matter.  And we’ve had some of the finest nuclear scientists in the world working through those details.  And we’re dealing with a country — Iran — that has been a sworn adversary of the United States for over 35 years.  So I welcome a robust debate in Congress on this issue, and I welcome scrutiny of the details of this agreement.

But I will remind Congress that you don’t make deals like this with your friends.  We negotiated arms control agreements with the Soviet Union when that nation was committed to our destruction.  And those agreements ultimately made us safer.

I am confident that this deal will meet the national security interest of the United States and our allies.  So I will veto any legislation that prevents the successful implementation of this deal.

We do not have to accept an inevitable spiral into conflict. And we certainly shouldn’t seek it.  And precisely because the stakes are so high, this is not the time for politics or posturing.  Tough talk from Washington does not solve problems.  Hard-nosed diplomacy, leadership that has united the world’s major powers offers a more effective way to verify that Iran is not pursuing a nuclear weapon.

Now, that doesn’t mean that this deal will resolve all of our differences with Iran.  We share the concerns expressed by many of our friends in the Middle East, including Israel and the Gulf States, about Iran’s support for terrorism and its use of proxies to destabilize the region.  But that is precisely why we are taking this step — because an Iran armed with a nuclear weapon would be far more destabilizing and far more dangerous to our friends and to the world.

Meanwhile, we will maintain our own sanctions related to Iran’s support for terrorism, its ballistic missile program, and its human rights violations.  We will continue our unprecedented efforts to strengthen Israel’s security — efforts that go beyond what any American administration has done before.  And we will continue the work we began at Camp David to elevate our partnership with the Gulf States to strengthen their capabilities to counter threats from Iran or terrorist groups like ISIL.

However, I believe that we must continue to test whether or not this region, which has known so much suffering, so much bloodshed, can move in a different direction.

Time and again, I have made clear to the Iranian people that we will always be open to engagement on the basis of mutual interests and mutual respect.  Our differences are real and the difficult history between our nations cannot be ignored.  But it is possible to change.  The path of violence and rigid ideology, a foreign policy based on threats to attack your neighbors or eradicate Israel — that’s a dead end.  A different path, one of tolerance and peaceful resolution of conflict, leads to more integration into the global economy, more engagement with the international community, and the ability of the Iranian people to prosper and thrive.

This deal offers an opportunity to move in a new direction.  We should seize it.

We have come a long way to reach this point — decades of an Iranian nuclear program, many years of sanctions, and many months of intense negotiation.  Today, I want to thank the members of Congress from both parties who helped us put in place the sanctions that have proven so effective, as well as the other countries who joined us in that effort.

I want to thank our negotiating partners — the United Kingdom, France, Germany, Russia, China, as well as the European Union — for our unity in this effort, which showed that the world can do remarkable things when we share a vision of peacefully addressing conflicts.  We showed what we can do when we do not split apart.

And finally, I want to thank the American negotiating team.  We had a team of experts working for several weeks straight on this, including our Secretary of Energy, Ernie Moniz.  And I want to particularly thank John Kerry, our Secretary of State, who began his service to this country more than four decades ago when he put on our uniform and went off to war.  He’s now making this country safer through his commitment to strong, principled American diplomacy.

History shows that America must lead not just with our might, but with our principles.  It shows we are stronger not when we are alone, but when we bring the world together.  Today’s announcement marks one more chapter in this pursuit of a safer and more helpful and more hopeful world.

Thank you.  God bless you.  And God bless the United States of America.

END
7:17 A.M. EDT

Political Musings June 7, 2015: John Kerry’s bicycle injuries, accident or assassination attempt?

POLITICAL MUSINGS

https://historymusings.files.wordpress.com/2013/06/pol_musings.jpg?w=600

OBAMA PRESIDENCY & THE 114TH CONGRESS:

John Kerry’s bicycle injuries, accident or assassination attempt?

June 7, 2015

A rumor is going around in the Middle East media that Secretary of State John Kerry’s bicycle accident was not in fact an accident, but rather an assassination attempt by Islamic State of Iraq and Syria, ISIS representatives..

Full Text Obama Presidency April 2, 2015: President Barack Obama’s speech announcing a ‘framework’ agreement for a nuclear weapons deal with Iran — Transcript

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

President Barack Obama’s speech announcing a ‘framework’ agreement for a nuclear weapons deal with Iran — Transcript

Source: WaPo, 4-2-15

OBAMA: Good afternoon, everybody.

Today, the United States, together with our allies and partners, has reached a historic understanding with Iran, which, if fully implemented, will prevent it from obtaining a nuclear weapon.

As president and commander in chief, I have no greater responsibility than the security of the American people, and I am convinced that if this framework leads to a final, comprehensive deal, it will make our country, our allies, and our world safer. This has been a long time coming.

The Islamic Republic of Iran has been advancing its nuclear program for decades. By the time I took office, Iran was operating thousands of centrifuges, which can produce the materials for a nuclear bomb. And Iran was concealing a covert nuclear facility.

I made clear that we were prepared to resolve this issue diplomatically, but only if Iran came to the table in a serious way.

When that did not happen, we rallied the world to impose the toughest sanctions in history, sanctions which had a profound impact on the Iranian economy.

Now, sanctions alone could not stop Iran’s nuclear program, but they did help bring Iran to the negotiating table. Because of our diplomatic efforts, the world stood with us, and we were joined at the negotiating table by the world’s major powers: the United Kingdom, France, Germany, Russia and China as well as the European Union.

Over a year ago, we took the first step towards today’s framework with a deal to stop the progress of Iran’s nuclear program and roll it back in key areas.

And recall that at the time, skeptics argued that Iran would cheat, that we could not verify their compliance, and the interim agreement would fail. Instead, it has succeeded exactly as intended. Iran has met all of its obligations.

It eliminated its stockpile of dangerous nuclear material, inspections of Iran’s program increased, and we continued negotiations to see if we could achieve a more comprehensive deal.

Today, after many months of tough principle diplomacy, we have achieved the framework for that deal. And it is a good deal, a deal that meets our core objectives.

This framework would cut off every pathway that Iran could take to develop a nuclear weapon. Iran will face strict limitations on its program, and Iran has also agreed to the most robust and intrusive inspections and transparency regime ever negotiated for any nuclear program in history. So this deal is not based on trust. It’s based on unprecedented verification.

Many key details will be finalized over the next three months. And nothing is agreed to until everything is agreed. But here are the basic outlines of the deal that we are working to finalize.

First, Iran will not be able to pursue a bomb using plutonium because it will not develop weapons grade plutonium. The core of its reactor at Arak will be dismantled and replaced. The spent fuel from that facility will be shipped out of Iran for the life of the reactor. Iran will not build a new heavy water reactor. And Iran will not reprocess fuel from its existing reactors, ever.

Second, this deal shuts down Iran’s path to a bomb using enriched uranium. Iran has agreed that its installed centrifuges will be reduced by two thirds. Iran will no longer enrich uranium at its Fordo facility. Iran will not enrich uranium with its advanced centrifuges for at least the next 10 years. The vast majority of Iran’s stockpile of enriched uranium will be neutralized.

Today, estimates indicate that Iran is only two or three months away from potentially acquiring the raw materials that could be used for a single nuclear bomb. Under this deal, Iran has agreed that it will not stockpile the materials needed to build a weapon. Even if it violated the deal, for the next decade at least, Iran would be a minimum of a year away from acquiring enough material for a bomb. And the strict limitations on Iran’s stockpile will last for 15 years.

Third, this deal provides the best possible defense against Iran’s ability to pursue a nuclear weapon covertly, that is in secret. International inspectors will have unprecedented access not only to Iranian nuclear facilities, but to the entire supply chain that supports Iran’s nuclear program, from uranium mills that provide the raw materials to the centrifuge production and storage facilities that support the program.

If Iran cheats, the world will know it. If we see something suspicious, we will inspect it. Iran’s past efforts to weaponize its program will be addressed.

With this deal, Iran will face more inspections than any other country in the world. So, this will be a long-term deal that addresses each path to a potential Iranian nuclear bomb.

There will be strict limits on Iran’s program for a decade. Additional restrictions on building new facilities or stockpiling materials will last for 15 years. The unprecedented transparency measures will last for 20 years or more. Indeed, some will be permanent. And as a member of the Nuclear Non-Proliferation Treaty, Iran will never be permitted to develop a nuclear weapon.

In return for Iran’s actions, the international community has agreed to provide Iran with relief from certain sanctions. Our own sanctions and international sanctions imposed by the United Nations Security Council. This relief will be phased, as Iran takes steps to adhere to the deal. If Iran violates the deal, sanctions can be snapped back into place.

Meanwhile, other American sanctions on Iran for its support of terrorism, its human rights abuses, its ballistic missile program, will continue to be fully enforced.

Now let me re-emphasize, our work is not yet done. The deal has not been signed. Between now and the end of June, the negotiators will continue to work through the details of how this framework will be fully implemented and those details matter.

If there is backsliding on the part of the Iranians, if the verification and inspection mechanisms don’t meet the specifications of our nuclear and security experts, there will be no deal.

But if we can get this done and Iran follows through on the framework that our negotiators agreed to, we will be able to resolve one of the greatest threats to our security and to do so peacefully.

Given the importance of this issue, I have instructed my negotiators to fully brief Congress and the American people on the substance the deal. And I welcome a robust debate in the weeks and months to come.

I am confident that we can show that this deal is good for the security of the United States, for our allies and for the world.

But the fact is we only have three options for addressing Iran’s nuclear program. First, we can reach a robust and verifiable deal, like this one, and peacefully prevent Iran from obtaining a nuclear weapon.

The second option is we can bomb Iran’s nuclear facilities, thereby starting another war in the Middle East and setting back Iran’s program by a few years. In other words, setting it back by a fraction of the time that this deal will set it back. Meanwhile, we’d ensure that Iran would raise their head to try and build a bomb.

Third, we could pull out of negotiations, try to get other countries to go along and continue sanctions that are currently in place or add additional ones and hope for the best. Knowing that every time we have done so, Iran has not capitulated, but instead has advanced its program. And that in very short order, the breakout timeline would be eliminated and a nuclear arms race in the region could be triggered because of that uncertainty.

In other words, the third option leads us very quickly back to a decision about whether or not to take military action because we’d have no idea what was going on inside of Iran. Iran is not going to simply dismantle its program because we demand it to do so.

That’s not how the world works. And that’s not what history shows us. Iran has shown no willingness to eliminate those aspects of their program that they maintain are for peaceful purposes, even in the face of unprecedented sanctions.

Should negotiations collapse because we, the United States, rejected what the majority of the world considers a fair deal, what our scientists and nuclear experts suggest would give us confidence that they are not developing a nuclear weapon, it’s doubtful that we could even keep our current international sanctions in place.

So when you hear the inevitable critics of the deal sound off, ask them a simple question: Do you really think that this verifiable deal, if fully implemented, backed by the world’s major powers, is a worse option than the risk of another war in the Middle East? Is it worse than doing what we’ve done for almost two decades with Iran moving forward with its nuclear program and without robust inspections?

I think the answer will be clear. Remember, I have always insisted that I will do what is necessary to prevent Iran from acquiring a nuclear weapon, and I will.

But I also know that a diplomatic solution is the best way to get this done and offers a more comprehensive and lasting solution. It is our best option by far. And while it is always a possibility that Iran may try to cheat on the deal in the future, this framework of inspections and transparency makes it far more likely that we’ll know about it if they try to cheat, and I or future presidents will have preserved all of the options that are currently available to deal with it.

To the Iranian people, I want to reaffirm what I’ve said since the beginning of my presidency. We are willing to engage you on the basis of mutual interests and mutual respect.

This deal offers the prospect of relief from sanctions that were imposed because of Iran’s violation of international law. Since Iran’s supreme leader has issued a fatwa against the development of nuclear weapons, this framework gives Iran the opportunity to verify that it’s program is, in fact, peaceful. It demonstrates that if Iran complies with its international obligations, then it can fully rejoin the community of nations, thereby fulfilling the extraordinary talent and aspirations of the Iranian people. That would be good for Iran, and it would be good for the world.

Of course, this deal alone, even if fully implemented, will not end the deep divisions and mistrust between our two countries. We have a difficult history between us.

And our concerns will remain with respect to Iranian behavior so long as Iran continues its sponsorship of terrorism, its support for proxies who destabilize the Middle East, its threats against America’s friends and allies, like Israel.

So make no mistake, we will remain vigilant in countering those actions and standing with our allies.

It’s no secret that the Israeli prime minister and I don’t agree about whether the United States should move forward with a peaceful resolution to the Iranian issue. If in fact Prime Minister Netanyahu is looking for the most effective way to ensure Iran doesn’t get a nuclear weapon, this is the best option.

And I believe our nuclear experts can confirm that.

More importantly, I will be speaking with the prime minister today to make clear that there will be no daylight, there is no daylight when it comes to our support for Israel’s security and our concerns about Iran’s destabilizing policies and threats towards Israel.

That’s why I’ve directed my national security team to consult closely with the new Israeli government in the coming weeks and months about how we can further strengthen our long-term security cooperation with Israel and make clear our unshakeable commitment to Israel’s defense.

Today, I also spoke with the king of Saudi Arabia, to reaffirm our commitment to the security of our partners in the Gulf. And I am inviting the leaders of the six countries who make up the Gulf Cooperation Council, Saudi Arabia, United Arab Emirates, Kuwait, Oman, Qatar, and Bahrain to meet me at Camp David this spring to discuss how we can further strengthen our security cooperation while resolving the multiple conflicts that have caused so much hardship and instability throughout the Middle East.

Finally, it’s worth remembering that Congress has, on a bipartisan basis, played a critical role in our current Iran policy, helping to shape the sanctions regime that applied so much pressure on Iran and ultimately forced them to the table.

In the coming days and weeks, my administration will engage Congress once again about how we can play — how it can play a constructive oversight role. I’ll begin that effort by speaking to the leaders of the House and the Senate today.

In those conversations, I will underscore that the issues at stake here are bigger than politics. These are matters of war and peace. And they should be evaluated based on the facts, and what is ultimately best for the American people and for our national security. For, this is not simply a deal between my administration and Iran. This is a deal between Iran, the United States of America and the major powers in the world, including some of our closest allies.

If Congress kills this deal not based on expert analysis, and without offering any reasonable alternative, then it’s the United States that will be blamed for the failure of diplomacy. International unity will collapse, and the path to conflict will widen.

The American people understand this, which is why a solid majority support a diplomatic resolution to the Iranian nuclear issue. They understand instinctively the words of President Kennedy, who faced down the far greater threat of Communism, and said, “Let us never negotiate out of fear, but let us never fear to negotiate.” The American people remembered that at the height of the Cold War.

Presidents like Nixon and Reagan struck historic arms control agreements with the Soviet Union, a far more dangerous adversary, despite the fact that that adversary not only threatened to destroy our country and our way of life, but had the means to do so.

Those agreements were not perfect. They did not end all threats. But they made our world safer. A good deal with Iran will do the same. Today I’d like to express my thanks to our international partners for their steadfastness, their cooperation.

I was able to speak earlier today with our close allies, Prime Minister Cameron and President Holland and Chancellor Merkel, to reaffirm that we stand shoulder-to-shoulder in this effort. And most of all, on behalf of our nation, I want to express my thanks to our tireless — and I mean tireless — Secretary of State John Kerry and our entire negotiating team. They have worked so hard to make this progress. They represent the best tradition of American diplomacy.

Their work, our work, is not yet done and success is not guaranteed. But we have a historic opportunity to prevent the spread of nuclear weapons in Iran and to do so peacefully, with the international community firmly behind us. We should seize that chance. Thank you. God bless you. And god bless the United States of America.

Full Text Obama Presidency April 2, 2015: State Department Full Text of Iran Nuclear Weapons Program Deal Parameters

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

Parameters for a Joint Comprehensive Plan of Action Regarding the Islamic Republic of Iran’s Nuclear Program

Source: State.gov, 4-2-15

Media Note

Office of the Spokesperson
Washington, DC
April 2, 2015

Below are the key parameters of a Joint Comprehensive Plan of Action (JCPOA) regarding the Islamic Republic of Iran’s nuclear program that were decided in Lausanne, Switzerland. These elements form the foundation upon which the final text of the JCPOA will be written between now and June 30, and reflect the significant progress that has been made in discussions between the P5+1, the European Union, and Iran. Important implementation details are still subject to negotiation, and nothing is agreed until everything is agreed. We will work to conclude the JCPOA based on these parameters over the coming months.

Enrichment

  • Iran has agreed to reduce by approximately two-thirds its installed centrifuges. Iran will go from having about 19,000 installed today to 6,104 installed under the deal, with only 5,060 of these enriching uranium for 10 years. All 6,104 centrifuges will be IR-1s, Iran’s first-generation centrifuge.
  • Iran has agreed to not enrich uranium over 3.67 percent for at least 15 years.
  • Iran has agreed to reduce its current stockpile of about 10,000 kg of low-enriched uranium (LEU) to 300 kg of 3.67 percent LEU for 15 years.
  • All excess centrifuges and enrichment infrastructure will be placed in IAEA monitored storage and will be used only as replacements for operating centrifuges and equipment.
  • Iran has agreed to not build any new facilities for the purpose of enriching uranium for 15 years.
  • Iran’s breakout timeline – the time that it would take for Iran to acquire enough fissile material for one weapon – is currently assessed to be 2 to 3 months. That timeline will be extended to at least one year, for a duration of at least ten years, under this framework.

Iran will convert its facility at Fordow so that it is no longer used to enrich uranium

  • Iran has agreed to not enrich uranium at its Fordow facility for at least 15 years.
  •  Iran has agreed to convert its Fordow facility so that it is used for peaceful purposes only – into a nuclear, physics, technology, research center.
  • Iran has agreed to not conduct research and development associated with uranium enrichment at Fordow for 15 years.
  • Iran will not have any fissile material at Fordow for 15 years.
  • Almost two-thirds of Fordow’s centrifuges and infrastructure will be removed. The remaining centrifuges will not enrich uranium. All centrifuges and related infrastructure will be placed under IAEA monitoring.

Iran will only enrich uranium at the Natanz facility, with only 5,060 IR-1 first-generation centrifuges for ten years.

  • Iran has agreed to only enrich uranium using its first generation (IR-1 models) centrifuges at Natanz for ten years, removing its more advanced centrifuges.
  • Iran will remove the 1,000 IR-2M centrifuges currently installed at Natanz and place them in IAEA monitored storage for ten years.
  • Iran will not use its IR-2, IR-4, IR-5, IR-6, or IR-8 models to produce enriched uranium for at least ten years. Iran will engage in limited research and development with its advanced centrifuges, according to a schedule and parameters which have been agreed to by the P5+1.
  • For ten years, enrichment and enrichment research and development will be limited to ensure a breakout timeline of at least 1 year. Beyond 10 years, Iran will abide by its enrichment and enrichment R&D plan submitted to the IAEA, and pursuant to the JCPOA, under the Additional Protocol resulting in certain limitations on enrichment capacity.

Inspections and Transparency

  • The IAEA will have regular access to all of Iran’s nuclear facilities, including to Iran’s enrichment facility at Natanz and its former enrichment facility at Fordow, and including the use of the most up-to-date, modern monitoring technologies.
  • Inspectors will have access to the supply chain that supports Iran’s nuclear program. The new transparency and inspections mechanisms will closely monitor materials and/or components to prevent diversion to a secret program.
  • Inspectors will have access to uranium mines and continuous surveillance at uranium mills, where Iran produces yellowcake, for 25 years.
  • Inspectors will have continuous surveillance of Iran’s centrifuge rotors and bellows production and storage facilities for 20 years. Iran’s centrifuge manufacturing base will be frozen and under continuous surveillance.
  • All centrifuges and enrichment infrastructure removed from Fordow and Natanz will be placed under continuous monitoring by the IAEA.
  • A dedicated procurement channel for Iran’s nuclear program will be established to monitor and approve, on a case by case basis, the supply, sale, or transfer to Iran of certain nuclear-related and dual use materials and technology – an additional transparency measure.
  • Iran has agreed to implement the Additional Protocol of the IAEA, providing the IAEA much greater access and information regarding Iran’s nuclear program, including both declared and undeclared facilities.
  • Iran will be required to grant access to the IAEA to investigate suspicious sites or allegations of a covert enrichment facility, conversion facility, centrifuge production facility, or yellowcake production facility anywhere in the country.
  • Iran has agreed to implement Modified Code 3.1 requiring early notification of construction of new facilities.
  • Iran will implement an agreed set of measures to address the IAEA’s concerns regarding the Possible Military Dimensions (PMD) of its program.

Reactors and Reprocessing

  • Iran has agreed to redesign and rebuild a heavy water research reactor in Arak, based on a design that is agreed to by the P5+1, which will not produce weapons grade plutonium, and which will support peaceful nuclear research and radioisotope production.
  • The original core of the reactor, which would have enabled the production of significant quantities of weapons-grade plutonium, will be destroyed or removed from the country.
  • Iran will ship all of its spent fuel from the reactor out of the country for the reactor’s lifetime.
  • Iran has committed indefinitely to not conduct reprocessing or reprocessing research and development on spent nuclear fuel.
  • Iran will not accumulate heavy water in excess of the needs of the modified Arak reactor, and will sell any remaining heavy water on the international market for 15 years.
  • Iran will not build any additional heavy water reactors for 15 years.

Sanctions

  • Iran will receive sanctions relief, if it verifiably abides by its commitments.
  • U.S. and E.U. nuclear-related sanctions will be suspended after the IAEA has verified that Iran has taken all of its key nuclear-related steps. If at any time Iran fails to fulfill its commitments, these sanctions will snap back into place.
  • The architecture of U.S. nuclear-related sanctions on Iran will be retained for much of the duration of the deal and allow for snap-back of sanctions in the event of significant non-performance.
  • All past UN Security Council resolutions on the Iran nuclear issue will be lifted simultaneous with the completion, by Iran, of nuclear-related actions addressing all key concerns (enrichment, Fordow, Arak, PMD, and transparency).
  • However, core provisions in the UN Security Council resolutions – those that deal with transfers of sensitive technologies and activities – will be re-established by a new UN Security Council resolution that will endorse the JCPOA and urge its full implementation. It will also create the procurement channel mentioned above, which will serve as a key transparency measure. Important restrictions on conventional arms and ballistic missiles, as well as provisions that allow for related cargo inspections and asset freezes, will also be incorporated by this new resolution.
  • A dispute resolution process will be specified, which enables any JCPOA participant, to seek to resolve disagreements about the performance of JCPOA commitments.
  • If an issue of significant non-performance cannot be resolved through that process, then all previous UN sanctions could be re-imposed.
  • U.S. sanctions on Iran for terrorism, human rights abuses, and ballistic missiles will remain in place under the deal.

Phasing

  • For ten years, Iran will limit domestic enrichment capacity and research and development – ensuring a breakout timeline of at least one year. Beyond that, Iran will be bound by its longer-term enrichment and enrichment research and development plan it shared with the P5+1.
  • For fifteen years, Iran will limit additional elements of its program. For instance, Iran will not build new enrichment facilities or heavy water reactors and will limit its stockpile of enriched uranium and accept enhanced transparency procedures.
  • Important inspections and transparency measures will continue well beyond 15 years. Iran’s adherence to the Additional Protocol of the IAEA is permanent, including its significant access and transparency obligations. The robust inspections of Iran’s uranium supply chain will last for 25 years.
  • Even after the period of the most stringent limitations on Iran’s nuclear program, Iran will remain a party to the Nuclear Non-Proliferation Treaty (NPT), which prohibits Iran’s development or acquisition of nuclear weapons and requires IAEA safeguards on its nuclear program.

Political Musings March 13, 2015: Romney wants Obama to refuse Iran deal defends Netanyahu and 47 GOP senators

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OBAMA PRESIDENCY & THE 114TH CONGRESS:

Romney wants Obama to refuse Iran deal defends Netanyahu and 47 GOP senators

March 13, 2015

Just because he is not running for president in 2016 does not mean former 2012 Republican Presidential Nominee Mitt Romney is not going to weigh in on the potential Iran nuclear weapons deal. Romney wrote an op-ed published…

Political Musings March 12, 2015: Americans find 47 Senators traitors guilty of treason in WH petition and polls

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OBAMA PRESIDENCY & THE 114TH CONGRESS:

Americans find 47 Senators traitors guilty of treason in WH petition and polls

March 12, 2015

Americans believe the 47 Republican senators who wrote and signed an open to Iran about the potential nuclear weapons deal went too far in crossing the line. Not too long after the senators released their letter on Monday, March 9…

Political Musings March 11, 2015: Did the 47 GOP Senators commit treason, violate the Logan Act with Iran letter?

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OBAMA PRESIDENCY & THE 114TH CONGRESS:

Did the 47 GOP Senators commit treason, violate the Logan Act with Iran letter?

March 11, 2015

Law professors and liberal pundits and news media are taking their criticism of the letter to Iran 47 Republican Senators signed against a potential nuclear weapons deal on Monday, March 9, 2015 to a new level charging that the Republican…

Political Musings February 7, 2015: Biden, Democrats unofficially boycotting Netanyahu’s address to Congress

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OBAMA PRESIDENCY & THE 114TH CONGRESS:

Biden, Democrats unofficially boycotting Netanyahu’s address to Congress

By Bonnie K. Goodman

Although there will not by an official boycott against Israeli Prime Minister Benjamin Netanyahu’s joint address to Congress on March 3, 2015, Democratic members of Congress might be conveniently busy and unable to attend. Even Vice President Joe Biden…READ MORE

Political Musings October 1, 2014: Obama, Netanyahu discuss Iran, Palestinians in friendlier White House meeting

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OBAMA PRESIDENCY & THE 113TH CONGRESS:

OP-EDS & ARTICLES

Obama, Netanyahu discuss Iran, Palestinians in friendlier White House meeting

By Bonnie K. Goodman

In a meeting at the White House on Wednesday, Oct. 1, 2014 that was less acrimonious than their last, President Barack Obama met with Israeli Prime Minister Benjamin Netanyahu in the Oval Office. For Netanyahu the most important part…READ MORE

Full Text Obama Presidency October 1, 2014: President Barack Obama and Israeli Prime Minister Benjamin Netanyahu’s Remarks Before Bilateral Meeting — Transcript

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 113TH CONGRESS:

Remarks by President Obama and Prime Minister Netanyahu of Israel Before Bilateral Meeting

Source: WH, 10-1-14

Oval Office

11:23 A.M. EDT

PRESIDENT OBAMA:  Well, it’s good once again to welcome the Prime Minister of Israel, Bibi Netanyahu.  Obviously, he’s no stranger to the White House.  I think I’ve met with Bibi more than any world leader during my tenure as President.

We meet at a challenging time.  Israel is obviously in a very turbulent neighborhood, and this gives us an opportunity once again to reaffirm the unbreakable bond between the United States and Israel, and our ironclad commitment to making sure that Israel is secure.

Throughout the summer, obviously all of us were deeply concerned about the situation in Gaza.  I think the American people should be very proud of the contributions that we made to the Iron Dome program to protect the lives of Israelis at a time when rockets were pouring into Israel on a regular basis.  I think we also recognize that we have to find ways to change the status quo so that both Israeli citizens are safe in their own homes and schoolchildren in their schools from the possibility of rocket fire, but also that we don’t have the tragedy of Palestinian children being killed as well.

And so we’ll discuss extensively both the situation of rebuilding Gaza but also how can we find a more sustainable peace between Israelis and Palestinians.

Our agenda will be broader than that, obviously.  I’ll debrief Bibi on the work that we’re doing to degrade and ultimately destroy ISIL, and the broader agenda that I discussed at the United Nations, which is mobilizing a coalition not only for military action, but also to bring about a shift in Arab states and Muslim countries that isolate the cancer of violent extremism that is so pernicious and ultimately has killed more Muslims than anything else.

And we’ll also have an opportunity to discuss the progress that’s being made with respect to dealing with Iran’s nuclear program, which obviously has been a high priority for not only Israel, but also the United States and the world community.

So we have a lot to talk about, and I appreciate very much the Prime Minister coming.  It’s challenging I think for an Israeli Prime Minister to have to work so hard during Rosh Hashanah and Yom Kippur, but I know that the Prime Minister’s utmost priority is making sure that his country is safe during these difficult times.  And we’re glad that the United States can be a partner in that process.

PRIME MINISTER NETANYAHU:  Mr. President, first I want to thank you.  I want to thank you for the unflinching support you gave Israel during our difficult days and difficult summer we had — expressed in so many ways, but also in an additional installment of support for Iron Dome, which has saved so many lives, saved many lives across the border.  And I thank you for that, and for the continuous bond of friendship that is so strong between Israel and the United States.

I also want to thank you for this opportunity to meet with you and to discuss the enormous challenges facing the United States and Israel in the Middle East.  There’s definitely a new Middle East.  I think it poses new dangers, but it also presents new opportunities.

As for the dangers, Israel fully supports your effort and your leadership to defeat ISIS.  We think everybody should support this.  And even more critical is our shared goal of preventing Iran from becoming a military nuclear power.

As you know, Mr. President, Iran seeks a deal that would lift the tough sanctions that you’ve worked so hard to put in place, and leave it as a threshold nuclear power.  I fervently hope that under your leadership that would not happen.

Equally, I think that there are opportunities.  And the opportunities, as you just expressed, is something that is changing in the Middle East, because out of the new situation, there emerges a commonality of interests between Israel and leading Arab states.  And I think that we should work very hard together to seize on those common interests and build a positive program to advance a more secure, more prosperous and a more peaceful Middle East.

I remain committed to a vision of peace of two states for two peoples based on mutual recognition and rock solid security arrangements on the ground.  And I believe we should make use of the new opportunities, think outside the box, see how we can recruit the Arab countries to advance this very hopeful agenda.  And I look forward to our discussions on these and many other matters.

PRESIDENT OBAMA:  Thank you very much, everybody.

END
11:29 A.M. EDT

Political Musings September 30, 2014: Netanyahu in powerful UN address equates ISIS with Hamas, Iran greatest threat

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OBAMA PRESIDENCY & THE 113TH CONGRESS:

OP-EDS & ARTICLES

Netanyahu in powerful UN address equates ISIS with Hamas, Iran greatest threat

By Bonnie K. Goodman

Israel’s Prime Minister Benjamin Netanyahu promise to “refute all of the lies being directed at us” when he boarded his flight to New York on Sunday, Sept. 28, 2014, and when he delivered his address to…READ MORE

Political Musings January 29, 2014: Obama’s foreign policy goes from war to diplomacy in State of the Union Address

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OBAMA PRESIDENCY & THE 113TH CONGRESS:

OP-EDS & ARTICLES

While the core President Barack Obama’s 2014 State of the Union Address delivered on Tuesday, Jan. 28, 2014 focused on the President’s economic opportunity program and domestic policy in general taking up nearly an hour of…READ MORE

Political Musings December 22, 2013: Obama in denial and on the offensive in 2013 year-end press conference

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OBAMA PRESIDENCY & THE 113TH CONGRESS:

OP-EDS & ARTICLES

After a difficult year that held little accomplishments to boast about, with more “missteps” than any president would be willing to acknowledge, President Barack Obama held his year-end press conference on Friday afternoon, Dec. 20, 2013 at….READ MORE

Full Text Obama Presidency December 20, 2013: President Barack Obama’s Year-End Press Conference Transcript

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 113TH CONGRESS:

Running transcript: President Obama’s December 20 news conference

Source: Washington Post, 12-20-13

Video: President Obama said during his end-of-the-year news conference Friday that the NSA surveillance program would likely see changes in the year ahead.
PRESIDENT BARACK OBAMA: All right. Good afternoon, everybody. I know you are all eager to skip town and spend some time with your families. Not surprisingly, I am too. But you know what they say, it’s the most wonderful press conference of the year — (laughter) — right now. I am eager to take your questions.
But first I just want to say a few words about our economy. In 2013 our businesses created another 2 million jobs, adding up to more than 8 million in just over the past 45 months. This morning we learned that over the summer our economy grew at its strongest pace in nearly two years. The unemployment rate has steadily fallen to its lowest point in five years.Our tax code is fairer and our fiscal situation is firmer, with deficits that are now less than half of what they were when I took office.

For the first time in nearly two decades, we now produce more oil here at home than we buy from the rest of the world, and our all-of- the-above strategy for new American energy means lower energy costs. The Affordable Care Act has helped keep health care costs growing at their slowest rate in 50 years. Combined, that means bigger paychecks for middle class families and bigger savings for businesses looking to invest and hire here in America.

And, for all the challenges we’ve had and all the challenges that we’ve been working on diligently in dealing with both the ACA and the website these past couple months, more than half a million Americans have enrolled through healthcare.gov in the first three weeks of December alone. In California, for example, a state operating its own marketplace, more than 15,000 Americans are enrolling every single day. And in the federal website, tens of thousands are enrolling every single day. Since October 1st, more than 1 million Americans have selected new health insurance plans through the federal and state marketplaces, so all told, millions of Americans, despite the problems with the website, are now poised to be covered by quality affordable health insurance come New Year’s Day.

Now, this holiday season there are mothers and fathers and entrepreneurs and workers who have something new to celebrate: the security of knowing that when the unexpected or misfortune strikes, hardship no longer has to.

And you add that all up and what it means is: We head into next year with an economy that’s stronger than it was when we started the year, more Americans. More Americans are finding work and experiencing the pride of a paycheck.

Our businesses are positioned for new growth and new jobs. And I firmly believe that 2014 can be a breakthrough year for America.

But as I outlined in detail earlier this month, we all know there’s a lot more than we’re going to have to do to restore opportunity and broad-based growth for every American. And that’s going to require some action.

It’s a good start that earlier this week, for the first time in years, both parties in both houses of Congress came together to pass a budget. That unwinds some of the damaging sequester cuts that created headwinds for our economy. It clears the path for businesses and for investments that we need to strengthen our middle class, like education and scientific research. And it means that the American people won’t be exposed to the threat of another reckless shutdown every few months. So that’s a good thing. It’s probably too early to declare an outbreak of bipartisanship, but it’s also fair to say that we’re not condemned to endless gridlock. There are areas where we can work together.

I believe that work should begin with something that Republicans in Congress should have done before leaving town this week, and that’s restoring the temporary insurance that helps folks make ends meet when they are looking for a job. Because Congress didn’t act, more than 1 million of their constituents will lose a vital economic lifeline at Christmastime, leaving a lot of job seekers without any source of income at all. I think we’re a better country than that. We don’t abandon each other when times are tough.

Keep in mind unemployment insurance only goes to folks who are actively looking for work, a mom who needs help feeding her kids when she sends out her resumes or a dad who needs help paying the rent while working part-time and still earning the skills he needs for that new job.

So when Congress comes back to work, their first order of business should be making this right. I know a bipartisan group is working on a three-month extension of this insurance. They should pass it, and I’ll sign it right away.

Let me repeat: I think 2014 needs to be a year of action. We’ve got work to do to create more good jobs, to help more Americans earn the skills and education they need to do those jobs and to make sure that those jobs offer the wages and benefits that let families build a little bit of financial security.

We still have the task of finishing the fix on our broken immigration system. We’ve got to build on the process we’ve painstakingly made over these last five years with respect to our economy and offer the middle class and all those who are looking to join the middle class a better opportunity. And that’s going to be where I focus all of my efforts in the year ahead.

And let me conclude by saying just as we’re strengthening our position here at home, we’re also standing up for our interests around the world. This year we’ve demonstrated that with clear-eyed, principled diplomacy, we can pursue new paths to a world that’s more secure, a future where Iran does not build a nuclear weapon, a future where Syria’s chemical weapons stockpiles are destroyed.

By the end of next year, the war in Afghanistan will be over, just as we’ve ended our war in Iraq, and we’ll continue to bring our troops home. And as always, we will remain vigilant to protect our homeland and our personnel overseas from terrorist attacks. Of course, a lot of our men and women in uniform are still overseas, and a lot of them are still spending their Christmas far away from their family and their friends. In some cases, it’s still in harm’s way.

So I want to close by saying to them and their families back home, we want to thank you.

Your country stands united in supporting you and being grateful for your service and your sacrifice. We will keep you in our thoughts and in our prayers during this season of hope.

So before I wish a merry Christmas to all and to all a good night, I will take some questions. Jay prepared a list of who’s naughty and nice — (laughter) — so we’ll see — we’ll see who made it.

Julie must be nice.

Q: (Chuckles.)

PRESIDENT OBAMA: Julie Pace of AP.

Q: Thank you, Mr. President. Despite all of the data points that you cited in your opening statement, when you look back at this year, very little of the domestic agenda that you outlined in your inaugural address, in your State of the Union has been achieved. Health care rollout obviously had huge problems, and your ratings from the public are near historic lows for you. When you take this all together, has this been the worst year of your presidency?

PRESIDENT OBAMA: (Chuckles.) I — I got to tell you, Julie, that’s not how I think about it. I have now been in office five years, close to five years, was running for president for two years before that, and for those who’ve covered me during that time, we have had ups and we have had downs. I think this room has probably recorded at least 15 near-death experiences.

And what I’ve been focused on each and every day is, are we moving the ball in helping the American people, families, have more opportunity, have a little more security, to feel as if, if they work hard, they can get ahead.

And if — if I look at this past year, there are areas where there obviously have been some frustrations, where I wish Congress had moved more aggressively. You know, not passing background checks in the wake of Newtown is something that I continue to believe was a mistake.

But then I also look at, because of the debate that occurred, all the work that’s been done at the state levels, to increase gun safety and to make sure that we don’t see tragedies like that happen again.

There’s a lot of focus on legislative activity at the congressional level. But even when Congress doesn’t move on things they should move on, there are a whole bunch of things that we’re still doing. So we don’t always get attention for it, but the ConnectED program that we announced, where we’re going to be initiating wireless capacity in every classroom in America, will make a huge difference for kids all across this country and for teachers; a manufacturing hub that we set up in Youngstown, something that I talked about during the State of the Union, is going to create innovation and connect universities, manufacturers, job training, to help create a renaissance — build on the renaissance that we’re seeing in manufacturing.

When it comes to energy, this year is going to be the first year in a very long time where we’re producing more oil and natural gas here in this country than we’re importing. That’s a big deal.

So I understand the point that you’re getting at, Julie, which is that a lot of our legislative initiatives in Congress have not moved forward as rapidly as I’d like. I completely understand that, which means that I’m going to keep at it. And if you look at, for example, immigration reform, probably the biggest thing that I wanted to get done this year, we saw progress. It passed the Senate with a strong bipartisan vote.

There are indications in the House that even though it did not get completed this year, that there is a commitment on the part of this speaker to try to move forward legislation early next year. And the fact that it didn’t hit the timeline that I’d prefer is obviously frustrating, but it’s not something that I end up brooding a lot about.

Q: But sir, it’s not just your legislative agenda. When you look at — (off mic) — you talk to Americans, they seem to have lost confidence in you, trust in you. Your credibility have taken a hit. Obviously, the health care law was a big part of that. So do you understand that those — that the public has changed, in some way, their view of you over this year?

PRESIDENT OBAMA: But Julie, I guess what I’m saying is, if you’re measuring this by polls, my polls have gone up and down a lot through the course of my career. I mean, if I was interested in polling, I wouldn’t have run for president. I was polling at 70 percent was — when I was in the U.S. Senate. I took this job to deliver for the American people, and I knew and will continue to know that there are going to be ups and downs on it.

You’re right. The health care website problems were a source of great frustration. I think in the last press conference I adequately discussed my frustrations on those. On the other hand, since that time I now have a couple million people, maybe more, who are going to have health care on January 1st. And that is a big deal. That’s why I ran for this office. And as long as I’ve got an opportunity every single day to make sure that in ways large and small I’m creating greater opportunity for people, more kids are able to go to school, get the education they need, more families are able to stabilize their finances, you know, the housing market is continuing to improve, people feel like their wages maybe are inching up a little bit — if those things are happening, I’ll take it.

And you know, I’ve said before, I’ve run my last political race. So at this point, my goal every single day is just to make sure that I can look back and say we’re delivering something, not everything, because this is a long haul.

All right, Mark Felsenthal.

Q: Thank you, Mr. President. One of the most significant events of this year was the revelation of the surveillance by the National Security Agency. As you review how to rein in the National Security Agency, a federal judge says that, for example, the government has failed to cite a single instance in which analysis of the NSA’s bulk metadata actually stopped an imminent attack. Are you able to identify any specific examples when it did so? Are you convinced that the collection of that data is useful to national security to continue as it is?

PRESIDENT OBAMA: Let me talk more broadly, and then I’ll talk specifically about the program you’re referring to.

As you know, the independent panel that I put together came back with a series of recommendations, 46 in total. I had an extensive meeting with them down in the Situation Room to review all the recommendations that they’ve made. I want to thank them publicly because I think they did an excellent job and took my charge very seriously, which is I told them, I want you to look from top to bottom at what we’re doing and evaluate whether or not the current structures that we have and the current programs that we have are properly addressing both our continuing need to keep ourselves secure and to prevent terrorist attacks or proliferation of weapons of mass destruction or other threats to the homeland, and are we also making sure that we’re taking seriously rule of law and our concerns about privacy and civil liberties.

So what we’re doing now is evaluating all the recommendations that have been made. Over the next several weeks I’m going to assess, based on conversations not just with the intelligence community but others in government and outside of government, how we might apply and incorporate their recommendations. And I’m going to make a pretty definitive statement about all of this in January, where I’ll be able to say, here are the recommendations that we think make sense, here are ones that we think as promising but still need to be refined further, here’s how it relates to the work we’re doing not just — not just internally but also in partnership with other countries.

And so I’m — I’m taking this very seriously, because I think, as I’ve said before, this is debate that needed to be had.

One specific program, the 215 program, is the metadata, the bulk collection of phone numbers and exchanges that have taken place. That has probably gotten the most attention, at least with respect to domestic audiences. And what I’ve said in the past continues to be the case, which is that the NSA, in executing this program, believed, based on experiences from 9/11, that it was important for us to be able to track, if there was a phone number of a known terrorist outside of the United States calling into the United States, where that call might have gone and that having that data in one place and retained for a certain period of time allowed them to be confident in pursuing various investigations of terrorist threats.

And I think it’s important to note that in all the reviews of this program that have been done, in fact, there have not been actual instances where it’s been alleged that the NSA in some ways acted inappropriately in the use of this data. But what is also clear is from the public debate, people are concerned about the prospect, the possibility of abuse. And I think that’s what the judge in the district court suggested. And although his opinion obviously differs from rulings on the FISA Court, we’re taking those into account.

The question we’re going to have to ask is can we accomplish the same goals that this program is intended to accomplish in ways that give the public more confidence that in fact the NSA is doing what it’s supposed to be doing. I have confidence in the fact that the NSA is not engaging in domestic surveillance or snooping around, but I also recognize that as technologies change and people can start running algorithms and programs that map out all the information that we’re downloading on a daily basis into our telephones and our computers that we may have to refine this further to give people more confidence. And I’m going to be working very hard on doing that.

And we’ve got to provide more confidence to the international community. In some ways, what has been more challenging is the fact that we do have a lot of laws and checks and balances and safeguards and audits when it comes to making sure that the NSA and other intelligence agencies are not spying on Americans. We’ve had less legal constraint in terms of what we’re doing internationally.

But I think part of what’s been interesting about this whole exercise is recognizing that in a virtual world, some of these boundaries don’t matter anymore. And just because we can do something doesn’t mean we necessarily should, and the values that we’ve got as Americans are ones that we have to be willing to apply beyond our borders, I think, perhaps more systematically than we’ve done in the past.

OK, Ed Henry.

Q: Thank you, Mr. President.

I want to follow up on that because — and merry Christmas, by the way.

PRESIDENT OBAMA: Merry Christmas, Ed.

Q: When Edward Snowden first started leaking the information, you made a statement on June 7th in California. And you claimed to the American people that you had already reformed many of these surveillance programs, that you came to office, quote, “my team evaluated them; we scrubbed them thoroughly; we actually expanded some of the oversight.” And you did expand some of the things.

PRESIDENT OBAMA: Yes.

Q: You also said, we may have to rebalance some, there may be changes. But you concluded with, quote, “you can complain about Big Brother and how this is a potential program run amok, but when you actually look at the details, then I think we’ve struck the right balance.”

That was only six months ago. Now, there’s judges are saying no; your own panel is saying no; even you’re saying no, we haven’t really struck the right balance, perhaps, that changes have to be made.

My question is, were you wrong then because you were not fully read in, not just on these programs, but on other programs, outside of the ones you just talked about, where we were potentially listening in on the German leaders, the Brazilian leaders and others, that suggest there were abuses, number one?

And number two, if you — if you were fully read in on these programs, is it another example of what Judy was — Julie was getting at, with this question of credibility with the American people, that just like on health care, you like your plan; you can keep it? On surveillance, you looked the American people in the eye six months ago and said, we’ve got the right balance. And six months later, you’re saying, maybe not.

PRESIDENT OBAMA: Well, hold on a second, I — I think it’s important to note that, when it comes to the right balance on surveillance, these are a series of judgment calls that we’re making every single day because we’ve got a whole bunch of folks whose job it is to make sure that the American people are protected.

And that’s a hard job because if something slips, then the question that’s coming from you the next day at a press conference is, Mr. President, why didn’t you catch that; why did the intelligence people allow that to slip; isn’t there a way that we could have found out that in fact this terrorist attack took place.

Q: (Inaudible) — why did you say that you struck the right balance.

PRESIDENT OBAMA: So the — so the point is, Ed, not that my assessment of the 215 program has changed in terms of technically how it works. What is absolutely clear to me is that given the public debate that’s taken place and the disclosures that have taken place over the last several months that this is only going to work if the American people have confidence and trust.

Now, part of the challenge is, is that because of the manner in which these disclosures took place, in dribs and drabs, oftentimes shaded in a particular way, and because of some of the constraints that we’ve had in terms of declassifying information and getting it out there, that that trust in how many safeguards exist and how these programs are run has been diminished. So what’s going to be important is to build that back up. And I take that into account in weighing how we structure these programs.

So let me just be very specific on the 215 program. It is possible, for example, that some of the same information that the intelligence community feels is required to keep people safe can be obtained by having the private phone companies keep these records longer and to create some mechanism where they can be accessed in an effective fashion.

That might cost more. There might need to be different checks on how those requests are made. There may be technological solutions that have to be found to do that.

And the question that we’re asking ourselves now is, does that make sense not only because of the fact that there are concerns about potential abuse down the road with the metadata that’s being kept by a government, rather than private companies, but also does it make sense to do because people right now are concerned that maybe their phone calls are being listened to, even if they’re not, and we’ve got to factor that in.

So I — I — my point is — is that the environment has changed in ways that I think require us to take that into account. But the analysis that I’ve been doing throughout has always been, you know, periodically looking at what we’re doing and asking ourselves, are we doing this in the right way; are we making sure that we’re keeping the American can people safe, number one; are we also being true to our civil liberties and our privacy and our values?

Q: Well, I understand it’s a tough job.

PRESIDENT OBAMA: Right.

Q: And God forbid there’s another terror attack. Every one of us is going to be second-guessing you, and that is extremely difficult, to be in the Oval Office.

PRESIDENT OBAMA: That’s OK. I volunteered.

Q: But as you said, you took that on.

PRESIDENT OBAMA: Yeah.

Q: You put it on your back. And so my question is, do you have any personal regrets? You’re not addressing the fact the public statements you’ve made to reassure the public — your director of national intelligence, James Clapper, months ago went up, got a question from a Democrat, not a Republican, about whether some of this was going on, and he denied it.

PRESIDENT OBAMA: But does — but Ed —

Q: Doesn’t that undermine the public trust?

PRESIDENT OBAMA: — Ed, you’re conflating, first of all, me and — and Mr. Clapper —

Q: He’s director of national — and he’s still on the job.

PRESIDENT OBAMA: I understand. I understand. But what I’m — what I’m saying is this: that yes, these are tough problems that I am glad to have the privilege of tackling.

Your initial question was whether the statements that I made six months ago are ones that I don’t stand by. And what I’m saying is that the statements I made then are entirely consistent with the statements that I make now, which is that we believed that we had scrubbed these programs and struck an appropriate balance, and there had not been evidence, and there continues not to be evidence that the particular program had been abused in how it was used and that it was a useful tool, working with other tools the intelligence community has, to ensure that if we have a thread on a potential terrorist threat, that that can be followed effectively.

What I have also said, though, is that in light of the disclosures that have taken place, it is clear that whatever benefits the configuration of this particular program may have may be outweighed by the concerns that people have on its potential abuse. And if that’s the case, there may be another way of skinning the cat.

So we just keep on going at this stuff and saying, can we do this better? Can we do this more effectively? I think that the panels’ recommendations are consistent with that. So if you — if you had a chance to read the overall recommendations, what they were very clear about is, we need this intelligence. We can’t unilaterally disarm.

There are ways we can do it, potentially, that gives people greater assurance that there are checks and balances — that there’s sufficient oversight and sufficient transparency. Programs like 215 could be redesigned in ways that give you the same information when you need it without creating these potentials for abuse, and that’s exactly what we should be doing, is to evaluate all these things in a very clear, specific way and moving forward on changes.

And that’s what I intend to do.

Q: (Off mic) — you have no regrets?

PRESIDENT OBAMA: That’s what I intend to do.

Jon Karl.

Q: Thank you, Mr. President. It’s been a tough year. You may not want to call it the worst year of your presidency, but it’s clearly been a tough year. The polls have gone up and down, but they are at a low point right now. So what I’m asking you — you’ve acknowledged the difficulties with the health care rollout. But when you look back and you look at the decisions that you have made and what you did, what you didn’t do, for you personally, what do you think has been your biggest mistake?

PRESIDENT OBAMA: With respect to health care specifically or just generally?

Q: The whole thing, look back at this tough year.

PRESIDENT OBAMA: Well, there’s no doubt that — that when it — when it came to the health care rollout, even though I was meeting every other week or every three weeks with folks and emphasizing how important it was that consumers had a good experience, an easy experience in getting the information they need and knowing what the choices and options were for them to be able to get high-quality, affordable health care, the fact is it didn’t happen in the first month, the first six weeks, in a way that was at all acceptable. And since I’m in charge, obviously, we screwed it up.

Part of it, as I’ve said before, had to do with how IT procurement generally is done, and it almost predates this year. Part of it obviously had to do with the fact that there were not clear enough lines of authority in terms of who was in charge of the technology and cracking the whip on a whole bunch of contractors. So there are a whole bunch of things that we’ve been taking a look at.

And I’m going to be making appropriate adjustments once we get through this year and we’ve gotten through the initial surge of people who have been signing up.

But, you know, having said all that, the bottom line also is that we’ve got — several million people are going to have health care that works. And it’s not that I don’t engage in a lot of self- reflection here. I promise you, I probably beat myself up, you know, even worse that you or Ed Henry does — (laughter) — on any given day. But I’ve also got to wake up in the morning and make sure that I do better the next day and that we keep moving forward.

And when I look at the landscape for next year, what I say to myself is: We’re poised to do really good things. The economy is stronger than it has been in a very long time. Our next challenge then is to make sure that everybody benefits from that and not just a few folks. And there’s still too many people who haven’t seen a raise and are still feeling financially insecure. We can get immigration reform done. We’ve got a concept that has bipartisan support. Let’s see if we can break through the politics on this.

You know, I think that hopefully folks have learned their lesson in terms of brinksmanship coming out of the — coming out of the government shutdown. You know there have been times where I’ve thought about, were there other ways that I could have prevented that — those three, four weeks that hampered the economy and hurt individuals families who were not getting a paycheck during that time? Absolutely, but I also think that in some ways, given the pattern that we have been going through with House Republicans for a while, we might have needed just a little bit of a bracing sort of recognition that this is not what the American people think is acceptable.

They want us to try to solve problems and be practical, even if we can’t get everything done.

So, you know, the end of the year is always a good time to reflect and see what can you do better next year. That’s how I intend to approach it. I am sure that I will have even better ideas after a couple days of sleep and sun.

Brianna.

Q: Thank you, Mr. President. On the debt ceiling, your Treasury secretary has estimated that the U.S. government will lose its ability to pay its bills come late February or early March. House Budget Committee Chairman Paul Ryan has said that Republicans are going to decide what it is they can accomplish out of this debt limit fight — his words. Will you negotiate with House Republicans on the debt ceiling?

PRESIDENT OBAMA: Oh, Brianna, you know the answer to his question. No, we’re not going to negotiate for Congress to pay bills that it has accrued.

Here’s the good news. And I want to — I want to emphasize the positive as we enter into this holiday season. I think Congressman Ryan and Senator Murray did a good job in trying to narrow the differences and actually pass a budget that I can sign. It’s not everything that I would like, obviously. It buys back part of these across-the-board cuts, the so-called sequester, but not all of it. So we’re still underfunding research. We’re still underfunding education. We’re still underfunding transportation and other initiatives that would create jobs right now.

But you know, it was an honest conversation. They operated in good faith.

And given how far apart the parties have been on fiscal issues, they should take pride in what they did. And I actually called them after they struck the deal, and I said, congratulations. And I hope that creates a good pattern for next year, where work on, at least, the things we agreed to, even if we agree to disagree on some of the other big-ticket items.

I think immigration potentially falls in that categories, where, let’s — here’s an area where we’ve got bipartisan agreement. There are a few differences here and there, but the truth of the matter is that the Senate bill has the main components of comprehensive immigration reform that would boost our economy, give us an opportunity to attract more investment and high-skilled workers who are doing great things in places like Silicon Valley and around the country. So let’s go ahead and get that done.

Now, I can’t imagine that having seen this possible daylight breaking when it comes to cooperation in Congress, that folks are thinking, actually, about plunging us back into the kinds of brinksmanship and governance by crisis that has done us so much harm over the last couple of years.

To repeat, the debt ceiling is raised simply to pay bills that we have already accrued; it is not something that is a negotiating tool. It’s not leverage. It’s the responsibility of Congress; it’s part of doing their job. I expect them to do their job, although I’m happy to talk to them about any of the issues that they actually want to get done. So if Congressman Ryan is interested in tax reform, let’s go.

I’ve got some proposals on it. If he’s interested in any issue out there, I’m willing to have a constructive conversation of the sort that we just had in resolving the budget issues. But I’ve — I’ve got to assume folks aren’t crazy enough to start that thing all over again.

Q: If I may, just quickly on a more personal note, what is your New Year’s resolution?

PRESIDENT OBAMA: My New Year’s resolution is to be nicer to the White House press corps. (Laughter.) You know? Absolutely.

Q: All right.

PRESIDENT OBAMA: Major Garrett.

Q: That’s quite a lead-in, Mr. President. Thank you.

Rick Leggett, who is the head of the NSA task force on Edward Snowden, told “60 Minutes” that it was, quote, “worth having a conversation about granting Edward Snowden amnesty.” To what degree, sir, were you pleased that he floated this trial balloon? And under what circumstances would you consider either a plea agreement or amnesty for Edward Snowden?

And what do you say to Americans, sir, who after possibly being alerted to Judge Leon’s decision earlier this week, reading the panel recommendations, believe Edward Snowden set in motion something that is proper and just in this country about the scope of surveillance, and should not be considered by the government a criminal?

PRESIDENT OBAMA: I’ve got to be careful here, Major, because Mr. Snowden is under indictment. He has been charged with — with crimes, and that’s the province of the attorney general and ultimately, a judge and a jury. So I — I can’t weigh in specifically on this case at this point. I’ll — I’ll make — I’ll try to see if I can get at the — the spirit of the question, even if I can’t talk about the specifics.

I have said before and I believe that this is an important conversation that we needed to have. I have also said before that the way in which these disclosures happened have been — have been damaging to the United States and damaging to our intelligence capabilities.

And I think that there was a way for us to have this conversation without that damage.

I’ll give you just one specific example.

The — the fact of the matter is that the United States, for all our warts, is a country that abides by rule of law, that cares deeply about privacy, that cares about civil liberties, that cares about our Constitution. And as a consequence of these disclosures, we’ve got countries who actually do the things that Mr. Snowden says he’s worried about, very explicitly — engaging in surveillance of their own citizens, targeting political dissidents, targeting and suppressing the press, who somehow are able to sit on the sidelines and act as if it’s the United States that has problems when it comes to surveillance and intelligence operations. And that’s a pretty distorted view of what’s going on out there.

So I think that, as important and as necessary as this debate has been, it is also important to keep in mind that this has done unnecessary damage to U.S. intelligence capabilities and U.S. diplomacy. But I will leave it up to the courts and the attorney general to weigh in publicly on the specifics of Mr. Snowden’s case.

Q: But sir, if I could follow up, Mr. Leggett is setting this in motion, at least raising this as a topic of conversation. You, sir, would, I’m certain, be consulted if there was ever going to be a conversation about amnesty or a plea bargain for Edward Snowden.

PRESIDENT OBAMA: I said — I think that’s true, Major. And I guess what I’m saying is there’s —

Q: Would you rule it out forever, that you would never consider it?

PRESIDENT OBAMA: What I’m saying is, is that there’s a difference between Mr. Leggett saying something and the president of the United States saying something.

Q: That’s why I’m trying to get you (to say it ?).

PRESIDENT OBAMA: That’s exactly right. (Laughter.)

Chuck Todd.

Q: Thank you, Mr. President. And merry Christmas, and happy new year. You’ve talked about the issues with health care and the website rollout, but there have been other issues, the misinformation about people keeping their policies, the extended deadlines, some postponements. We have a new waiver that HHS announced last night. How do you expect Americans to have confidence and certainty in this law if you keep changing it? This one here, this new waiver last night — could argue you might as well have just delayed the mandate.

PRESIDENT OBAMA: Well, no, that’s not true because what we’re talking about is a very specific population that received cancelation notices from insurance companies. The majority of them are either keeping their old plan because the grandfather clause has been extended further or they’re finding a better deal in the marketplace with better insurance or cheaper costs. But there may still be a subset, a significantly smaller subset than some of the numbers that have been advertised, that are still looking for options, are still concerned about what they’re going to be doing next year. And we just wanted to make sure that the hardship provision that was already existing in the law would also potentially apply to somebody who had problems during this transition period. So that’s the specifics of this latest change.

You’re making a broader point that — that I think is fair.

And that is that in a big project like this, that what we are constantly doing is looking — is this working the way it’s supposed to, and if there are adjustments that can be made to smooth out the transition, we should make them.

But they don’t go to the core of the law. First of all, the core of the law is, is that for 85 percent of the population, all they’ve been getting is free preventive care, better consumer protections, the ability to keep their kids on their insurance plan till they’re 26, thousand-dollar or $500 discounts on prescription drugs for seniors on Medicare. So 85 percent of the population, whether they know it or not, over the last three years have benefited from a whole set of the provisions of the law.

And by the way, if it were to be repealed, you would be taking away all those benefits from — from folks who already are enjoying them.

You have this subportion of the population, 15 percent, who either don’t have health insurance or are buying it on the individual market. And that’s still millions of people. And what we’re doing is creating a marketplace where they can buy insurance, and we can provide them some tax credits to help them afford it.

The basic structure of that law is working, despite all the problems. Despite the website problems, despite the messaging problems, despite all that, it’s working. And again, you don’t have to take my word for it. We’ve got a couple million people who are going to have health insurance just in the first three months, despite the fact that probably the first month and a half was lost because of problems with the website and about as bad a bunch of publicity as you could imagine.

And yet, you’ve still got 2 million people who signed up — or more. And so, what that means, then, is that the demand is there, and as I said before, the product is good.

Now, in putting something like this together, there are going to be all kinds of problems that crop up, some of which may have been unanticipated. And what we’ve been trying to do is just respond to them in a common-sense way, and we’re going to continue to try to do that. But that doesn’t negate the fact that, you know, a year from now or two years from now, when we look back, we’re going to be able to say that even more people have health insurance who didn’t have it before.

And that’s not a bad thing; that’s a good thing. That is part of the reason why I pushed so hard to get this law done in the first place. And — you know, I’ve said before that this is a messy process. And I think, sometimes, when I say that, people say, well, A, yeah, it’s real messy, and B, you know, isn’t — isn’t the fact that it’s been so messy some indication that there are more fundamental problems with the law?

And I guess what I’d say to that, Chuck, is, when you try to do something this big affecting this many people, it’s going to be hard. And every instance — whether it’s Social Security, Medicare, the prescription drug plan under President Bush — there hasn’t been an instance where you’ve tried to really have an impact on the American peoples’ lives and well-being, particularly in the health care arena where you don’t end up having some of these challenges.

The question is going to be, ultimately, do we make good decisions trying to help as many people as possible in as efficient a way as possible? And I think that’s what we’re doing.

Q: But with 72 hours to go, you make this change where people are buying the junk — frankly, a junk-type policy that you weren’t — you were trying to get people away from.

PRESIDENT OBAMA: Well, do keep in mind, Chuck, first of all, that the majority of folks are going to have different options. This is essentially an additional net in case folks might have slipped through the cracks. We don’t have precision on those numbers, but we expect it’s going to be a relatively small number because these are folks who want insurance, and the vast majority of them have good options. And in a state like North Carolina, for example, the overwhelming majority of them have just kept their own plans, so — the ones that they had previously.

But we thought and continue to think that it makes sense that as we are transitioning to a system in which insurance standards are higher, people don’t have unpleasant surprises because they thought they had insurance until they hit a limit, and next thing you know they still owe a hundred thousand or 200(,000 dollars) or $300,000 for a hospital visit, that as we transition to higher standards, better insurance, that we also address folks who get caught in that transition and their unintended consequences.

And I’ll — that was the original intent of the grandfather clause that was in the law. Obviously, the problem was it didn’t catch enough people. And you know, we learned from that, and we’re trying not to repeat those mistakes.

Q: But the mandate will be enforced — (off mic) —

PRESIDENT OBAMA: Absolutely, yeah.

Let’s see, Phil Mattingly.

Q: Thank you, Mr. President. What was the message you were trying to send with not only your decision not to attend the Sochi games, but also with the people you named to the delegation to represent the United States at those games?

PRESIDENT OBAMA: Well, first of all, I haven’t attended Olympics in the past and I suspect that, you know — you know, me attending Olympics, particularly at a time when we’ve got all the other stuff that people have been talking about, is going to be tough, although I would love to do it. I’ll be going to a lot of Olympic Games post- presidency. (Laughter.)

I think the delegation speaks for itself. You’ve got outstanding Americans, outstanding athletes, people who will represent us extraordinarily well. And, you know, the fact that we’ve got folks like Billie Jean King or Brian Boitano, who themselves have been world-class athletes that everybody acknowledges for their excellence but also for their character, who also happen to be members of the LGBT community, you should take that for what it’s worth, that when it comes to the Olympics and athletic performance we don’t make distinctions on the basis of sexual orientation. We judge people on how they perform, both on the court and off the court, on the field and off the field. And that’s a value that I think is at the heart of not just America but American sports.

I’m going to just roll down these last few real quickly: Ari Shapiro, last day at the White House. He deserves a question. (Laughter.)

Q: Thank you very much, Mr. President. Senator Max Baucus was widely seen as the best hope for a large-scale deal to overhaul the tax code. What does your decision to nominate him as ambassador to China say about your hopes for a major tax bill in your second term?

PRESIDENT OBAMA: It says that Max Baucus is going to be an outstanding ambassador to China, and I’d like a swift confirmation.

And my expectation and hope is — is that if both Senate Democrats — or if Democrats and Republicans in the House and the Senate are serious about tax reform, then it’s not going to depend on one guy; it’s going to depend on all of us working together. And my office is ready, willing and eager to engage both parties in having a conversation about how we can simplify the tax code, make it fairer, make it work to create more jobs and do right by middle-class Americans.

Jackie Calmes.

Q: Thank you, Mr. President. And how do you say it in Hawaii? “Mele Kalikimaka.”

PRESIDENT OBAMA: “Mele Kalikimaka.” (Laughter.)

Q: Since we’ve been looking back at the year, I’d like to ask you what your reaction was to the nonpartisan truth-telling group PolitiFact when it said that the Lie of the Year was your statement that if you like your health care plan, you can keep it.

And related to the health care problems that we’ve seen over the past year, the fallout from that seems to be making Democrats, particularly in the Senate, a little rambunctious and independent of you, which is evidenced most clearly in the debate over the Iran sanctions. It looks like Senate Majority Leader Harry Reid has expedited consideration of an Iran sanctions bill for January, even as your administration and you have been trying to get them to lay off sanctions while you’re —

PRESIDENT OBAMA: Jackie, I got to say, you’re — you’re stringing a bunch of things along here. Let’s — let’s —

Q: Well —

PRESIDENT OBAMA: — let’s see if we can hone in on a question. I mean, I — I —

Q: Two questions.

PRESIDENT OBAMA: Well — (chuckles) —

Q: That’s a lot less than Ed Henry had. (Laughter, groans.)

Q: Wow! I thought we were trying to get along — (inaudible).

PRESIDENT OBAMA: All right. (Inaudible.) Now I can see who’s —

Q: (Inaudible) — you — (inaudible) — each other.

PRESIDENT OBAMA: (Chuckles.) The — how about I separate out the Iran question separate out the Iran question from the health care question?

On the health care question — look, I think I’ve answered it several times — this is a new iteration of it — but bottom line is that, you know, we are going to continue to work every single day to make sure that implementation of the health care law and the website and all elements of it, including the grandfather clause, work better every single day.

And as I’ve said in previous press conferences — you know, we’re going to make mistakes and we’re going to have problems, but my intentions have been clear throughout, which is, I just want to help as many people as possible feel secure and make sure that they don’t go broke when they get sick. And we’re just going to keep on doing that.

On Iran, there is the possibility of a resolution to a problem that has been a challenge for American national security for over a decade now. And that is getting Iran to, in a verifiable fashion, not pursue a nuclear weapon. Already, even with the interim deal that we struck in Geneva, we have the first halt, and in some cases, some rollback of Iran’s nuclear capabilities — the first time that we’ve seen that in almost decade.

And we now have a structure in which we can have a very serious conversation to see, is it possible for Iran to get right with the international community in a verifiable fashion to give us all confidence that any peaceful nuclear program that they have is not going to be weaponized in a way that threatens us or our allies in the region, including Israel.

And as I’ve said before and I will repeat, it is very important for us to test whether that’s possible, not because it’s guaranteed, but because the alternative is possibly us having to engage in some sort of conflict to resolve the problem, with all kinds of unintended consequences.

Now, I’ve been very clear from the start, I mean what I say. It is my goal to prevent Iran from obtaining a nuclear weapon. But I sure would rather to it diplomatically. I’m keeping all options on the table, but if I can do it diplomatically, that’s how we should do it, and I would think that would be the preference of everybody up on Capitol Hill, because that sure is the preference of the American people.

And we lose nothing during this negotiation period, precisely because there are verification provisions in place. We will have more insight into Iran’s nuclear program over the next six months than we have previously; we’ll know if they are violating the terms of the agreement; they’re not allowed to accelerate their stockpile of enriched uranium; in fact, they have to reduce their stockpile of highly enriched uranium. Ironically, if we did not have this six- month period in which we’re testing whether we can get a comprehensive solution to this problem, they would be advancing even further on their nuclear program.

And in light of all that, what I’ve said to members of Congress, Democrats and Republicans, is there is no need for new sanctions legislation, not yet.

Now, if Iran comes back and says, we can’t give you assurances that we’re not going to weaponize, if they’re not willing to address some of their capabilities that we know could end up resulting in them having breakout capacity, it’s not going to be hard for us to turn the dials back, strengthen sanctions even further. I’ll work with members of Congress to put even more pressure on Iran. But there’s no reason to do it right now.

And so I’m not surprised that there’s been some talk from some members of Congress about new sanctions. I think the politics of trying to look tough on Iran are often good when you’re running for office or if you’re in office. But as president of the United States right now who’s been responsible over the last four years, with the help of Congress, in putting together a comprehensive sanctions regime that was specifically designed to put pressure on them and bring them to the table to negotiate, what I’m saying to them, what I’ve said to the international community and what I’ve said to the American people is let’s test it. Now’s the time to try to see if we can get this thing done.

And — and I’ve heard some logic that says, well, Mr. President, we’re — we’re supportive of — of the negotiations, but we think it’s really useful to have this club hanging over Iran’s head. Well, first of all, we still have the existing sanctions already in place that are resulting in Iran losing billions of dollars every month in lost oil sales.

We already have banking and financial sanctions that are still being applied, even as the negotiations are taking place. It’s not as if we’re letting up on that.

So I’ve heard arguments, well, but you know, this way we can assured and the Iranians will know that if negotiations fail even new and harsher sanctions will be put into place. Listen, I don’t think the Iranians have any doubt that Congress would be more than happy to pass more sanctions legislation. We can do that in a — in a day, on a dime.

But if we’re serious about negotiations, we’ve got to create an atmosphere in which Iran in willing to move in ways that are uncomfortable for them and contrary to their ideology and rhetoric and their instincts and their suspicions of us. and we don’t — we don’t help get them to a position where we can actually resolve this by engaging in this kind of — this kind of action.

All right? OK, everybody. I think I’m going to take one more question, Colleen McCain Nelson, and that is it.

Q: Thank you, Mr. President.

PRESIDENT OBAMA: There you go.

Q: Some of your long-time advisers and new folks are coming in. Others are taking on new roles in the west wing. As you reshape your team a bit, how does that change the dynamic here and how does it impact what you think you can accomplish going forward?

PRESIDENT OBAMA: You know, I just had lunch with Pete Rouse, who’s — who’s leaving me. And that’s tough.

Q: He says so?

PRESIDENT OBAMA: He says so, not right now, at least. No, I — you know, I — I love that guy. And — and that will be a significant loss, although he’ll still be in town and hopefully I’ll be able to consult with him on an ongoing basis.

I think the fact that John Podesta’s coming in will be terrific. He may deny it, but I’ve been trying to get him in here for quite some time. He ran my transition office. I asked him when he was running the transition office if he would be willing to join us, and at that time, I think he was still feeling that he wanted to develop CAP and other organizations.

But you know, John’s a great strategist, he is as good as anybody on domestic policy, and I think he’ll be a — a huge boost to us and give us more bandwidth to deal with more issues.

I suspect that we may have additional announcements in the new year. You know, there’s — there’s a natural turnover that takes place. People get tired; people get worn out. Sometimes, you need fresh legs. But what I can tell you is the — the team I have now is tireless and shares my values, and believes the thing that I think I have repeated probably four or five times in this press conference, which is we get this incredible privilege for a pretty short period of time to do as much as we can for as many people as we can to help them live better lives.

And that’s what drives them and that’s the sacrifice they make, being away from families and soccer games and birthdays, and some of them will end up working over Christmas on issues like Iran. And the fact that they make those kinds of sacrifices, I am always grateful for.

And if they then say to me after making those sacrifices for three, four, five years, you know, I need a break, you know, then — then I completely understand.

All right, have a great holiday, everybody. Appreciate you.

Q: Merry Christmas.

Q: Merry Christmas.

Q: Happy new year.

Transcript courtesy of Federal News Service. 

Full Text Obama Presidency December 7, 2013: President Barack Obama’s Remarks in a Conversation with the Saban Forum

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 113TH CONGRESS:

Remarks by the President in a Conversation with the Saban Forum

Source: WH, 12-7-13

Willard Hotel
Washington, D.C.

1:13 P.M. EST

THE PRESIDENT:  Hello!  (Applause.)

MR. SABAN:  How are you doing?

THE PRESIDENT:  I’m good.  Hello, everybody.

MR. SABAN:  One of your staffers said you are in a great mood this afternoon, so —

THE PRESIDENT:  I am.

MR. SABAN:  — we’re doubly blessed here.  So that’s terrific.

I’d like to thank you very much for being here today, Mr. President.  The Forum, and I personally, are honored to have you join us in this conversation.  And I am personally honored that you insisted that I have this conversation with you, even though I never set foot for any conversation for 10 years.  (Laughter.) So thank you.  I’m very honored.

Shall we start with Iran?

THE PRESIDENT:  We should.

MR. SABAN:  Okay, good.  (Laughter.)  Mr. President, polls indicate that 77 percent of Israelis don’t believe this first nuclear deal will preclude Iran from having nuclear weapons, and they perceive this fact as an existential matter for them.  What can you say to the Israeli people to address their concern?

THE PRESIDENT:  Well, first, before I answer the question, let me say to you, Haim, thank you so much for the great work that you’ve done.  I think the Saban Forum and the Saban Center has done outstanding work, and it provides us a mechanism where we don’t just scratch the surface of these issues.  Obviously the challenges in the Middle East are enormous, and the work that’s being done here is terrific.

So I want to also thank Strobe for hosting us here today, and all of you who are here, including some outstanding members of the Israeli government and some friends that I haven’t seen in a while.  So thanks for having me.

Let me start with the basic premise that I’ve said repeatedly.  It is in America’s national security interests, not just Israel’s national interests or the region’s national security interests, to prevent Iran from getting a nuclear weapon.

And let’s remember where we were when I first came into office.  Iran had gone from having less than 200 centrifuges to having thousands of centrifuges, in some cases more advanced centrifuges.  There was a program that had advanced to the point where their breakout capacity had accelerated in ways that we had been concerned about for quite some time and, as a consequence, what I said to my team and what I said to our international partners was that we are going to have to be much more serious about how we change the cost-benefit analysis for Iran.

We put in place an unprecedented regime of sanctions that has crippled Iran’s economy, cut their oil revenues by more than half, have put enormous pressure on their currency — their economy contracted by more than 5 percent last year.  And it is precisely because of the international sanctions and the coalition that we were able to build internationally that the Iranian people responded by saying, we need a new direction in how we interact with the international community and how we deal with this sanctions regime.  And that’s what brought President Rouhani to power.  He was not necessarily the first choice of the hardliners inside of Iran.

Now, that doesn’t mean that we should trust him or anybody else inside of Iran.  This is a regime that came to power swearing opposition to the United States, to Israel, and to many of the values that we hold dear.  But what I’ve consistently said is even as I don’t take any options off the table, what we do have to test is the possibility that we can resolve this issue diplomatically.  And that is the deal that, at the first stages, we have been able to get done in Geneva, thanks to some extraordinary work by John Kerry and his counterparts in the P5-plus-1.

So let’s look at exactly what we’ve done.  For the first time in over a decade, we have halted advances in the Iranian nuclear program.  We have not only made sure that in Fordor and Natanz that they have to stop adding additional centrifuges, we’ve also said that they’ve got to roll back their 20 percent advanced enrichment.  So we’re —

MR. SABAN:  To how much?

THE PRESIDENT:  Down to zero.  So you remember when Prime Minister Netanyahu made his presentation before the United Nations last year —

MR. SABAN:  The cartoon with the red line?

THE PRESIDENT:  The picture of a bomb — he was referring to 20 percent enrichment, which the concern was if you get too much of that, you now have sufficient capacity to go ahead and create a nuclear weapon.  We’re taking that down to zero.  We are stopping the advancement of the Arak facility, which would provide an additional pathway, a plutonium pathway for the development of nuclear weapons.

We are going to have daily inspectors in Fordor and Natanz. We’re going to have additional inspections in Arak.  And as a consequence, during this six-month period, Iran cannot and will not advance its program or add additional stockpiles of advanced uranium — enriched uranium.

Now, what we’ve done in exchange is kept all these sanctions in place — the architecture remains with respect to oil, with respect to finance, with respect to banking.  What we’ve done is we’ve turned the spigot slightly and we’ve said, here’s maximum $7 billion out of the over $100 billion of revenue of theirs that is frozen as a consequence of our sanctions, to give us the time and the space to test whether they can move in a direction, a comprehensive, permanent agreement that would give us all assurances that they’re not producing nuclear weapons.

MR. SABAN:  I understand.  A quick question as it relates to the $7 billion, if I may.

THE PRESIDENT:  Please.

MR. SABAN:  How do we prevent those who work with us in Geneva, who have already descended on Tehran looking for deals, to cause the seven to become 70?  Because we can control what we do, but what is the extent that we can control the others?

THE PRESIDENT:  Well, Haim, this is precisely why the timing of this was right.  One of the things we were always concerned about was that if we did not show good faith in trying to resolve this issue diplomatically, then the sanctions regime would begin to fray.

Keep in mind that this was two years of extraordinary diplomatic work on behalf of our team to actually get the sanctions in place.  They’re not just the unilateral sanctions that are created by the United States.  These are sanctions that are also participated in by Russia, by China, and some allies of ours like South Korea and Japan that find these sanctions very costly.  But that’s precisely why they’ve become so effective.

And so what we’ve said is that we do not loosen any of the core sanctions; we provide a small window through which they can access some revenue, but we can control it and it is reversible. And during the course of these six months, if and when Iran shows itself not to be abiding by this agreement, not to be negotiating in good faith, we can reverse them and tighten them even further.

But here is the bottom line.  Ultimately, my goal as President of the United States — something that I’ve said publicly and privately and shared everywhere I’ve gone — is to prevent Iran from getting a nuclear weapon.  But what I’ve also said is the best way for us to prevent Iran from getting a nuclear weapons is for a comprehensive, verifiable, diplomatic resolution, without taking any other options off the table if we fail to achieve that.

It is important for us to test that proposition during the next six months, understanding that while we’re talking, they’re not secretly improving their position or changing circumstances on the ground inside of Iran.  And if at the end of six months it turns out that we can’t make a deal, we’re no worse off, and in fact we have greater leverage with the international community to continue to apply sanctions and even strengthen them.

If, on the other hand, we’re able to get this deal done, then what we can achieve through a diplomatic resolution of this situation is, frankly, greater than what we could achieve with the other options that are available to us.

MR. SABAN:  Let’s all hope we get there.

THE PRESIDENT:  Absolutely.

MR. SABAN:  You have hosted Passover dinners at the White House.

THE PRESIDENT:  I have.

MR. SABAN:  And you know this famous saying, “Why is this night different than any other night?”  In that context, I would like to ask you a question.

THE PRESIDENT:  Please.

MR. SABAN:  With the best intentions and all efforts, President Reagan vowed that Pakistan would not go nuclear.  Didn’t happen. With the best intentions and all efforts, President Clinton vowed that North Korea won’t go nuclear.  Why is this nuclear deal different than any other nuclear deal?  (Laughter.)

THE PRESIDENT:  Well, we don’t know yet.  No, we don’t know yet.  I think it’s important for everybody to understand this is hard.   Because the technology of the nuclear cycle, you can get off the Internet; the knowledge of creating a nuclear weapons is already out there.  And Iran is a large country and it is a relatively wealthy country, and so we have to take seriously the possibility that they are going to try to get a nuclear weapon.  That’s what this whole exercise is about.

Having said that, if you look at the history, by the time we got an agreement with North Korea, they essentially already had a nuclear weapon.  With respect to Pakistan, there was never the kinds of inspection regimes and international sanctions and U.N. resolutions that were in place.  We have been able to craft an international effort and verification mechanism around the Iran nuclear program that is unprecedented and unique.  That doesn’t mean it’s easy.  And that’s why we have to take it seriously.

But I think one of the things that I’ve repeatedly said when people ask, why should we try to negotiate with them, we can’t trust them, we’re being naïve, what I try to describe to them is not the choice between this deal and the ideal, but the choice between this deal and other alternatives.

If I had an option, if we could create an option in which Iran eliminated every single nut and bolt of their nuclear program, and foreswore the possibility of ever having a nuclear program, and, for that matter, got rid of all its military capabilities, I would take it.  But —

MR. SABAN:  Next question —

THE PRESIDENT:  Sorry, Haim, I want to make sure everybody understands it — that particular option is not available.  And so as a consequence, what we have to do is to make a decision as to, given the options available, what is the best way for us to assure that Iran does not get a nuclear weapon.

And the best way for us to assure it is to test this diplomatic path, understanding that it’s not based on trust; it’s based on what we can verify.  And it also, by the way, does not negate the fact that Iran is engaging in a whole bunch of other behavior in the Middle East and around the world that is detrimental to the United States and detrimental to Israel.

And we will continue to contest their efforts where they’re engaging in terrorism, where they’re being disruptive to our friends and our allies.  We will not abide by any threats to our friends and allies in the region, and we’ve made that perfectly clear.  And our commitment to Israel’s security is sacrosanct, and they understand that.  They don’t have any doubt about that.
But if we can negotiate on the nuclear program in the same way that Ronald Reagan was able to negotiate with the Soviet Union even as we were still contesting them around the world, that removes one more threat — and a critical, existential threat — takes it out of their arsenal.  And it allows us then to ultimately I think win them — defeat some of their agenda throughout the region without worrying that somehow it’s going to escalate or trigger a nuclear arms race in the most volatile part of the world.

MR. SABAN:  Unfortunately, you’re right — it would.  Tom Friedman had an interesting perspective in one of his columns.  He said, “Never negotiate with Iran without some leverage and some crazy on your side.  We have to out-crazy the crazies.”  Do you think he has a point?  (Laughter.)

THE PRESIDENT:  Well, Tom is a very smart observer.  And I know that my friend, Bibi, is going to be speaking later, and if Tom wants to characterize Bibi the way you just described, that’s his —

MR. SABAN:  I didn’t say that.

THE PRESIDENT:  — that’s his prerogative, that’s not my view.  (Laughter.)

Prime Minister Netanyahu and I have had constant consultations on these issues throughout the last five years.  And something that I think bears repeating:  The United States military cooperation with Israel has never been stronger.  Our intelligence cooperation with Israel has never been stronger.  Our support of Israel’s security has never been stronger.  Whether you’re talking about Iron Dome, whether you’re talking about trying to manage the situation in Gaza a little over a year ago, across the board, our coordination on the concrete issues facing Israel’s security has never been stronger.  And that’s not just my opinion; I think that’s something that can be verified.

There are times where I, as President of the United States, am going to have different tactical perspectives than the Prime Minister of Israel — and that is understandable, because Israel cannot contract out its security.  In light of the history that the people of Israel understand all too well, they have to make sure that they are making their own assessments about what they need to do to protect themselves.  And we respect that.  And I have said that consistently to the Prime Minister.

But ultimately, it is my view, from a tactical perspective, that we have to test out this proposition.  It will make us stronger internationally, and it may possibly lead to a deal that we’ll have to show to the world, in fact, assures us that Iran is not getting a nuclear weapon.

It’s not as if there’s going to be a lot of capacity to hide the ball here.  We’re going to be able to make an assessment, because this will be subject to the P5-plus-1 and the international community looking at the details of every aspect of a potential final deal, and we’re consulting with all our friends, including Israel, in terms of what would that end state look like.  And if we can’t get there, then no deal is better than a bad deal.  But presuming that it’s going to be a bad deal and, as a consequence, not even trying for a deal I think would be a dire mistake.

MR. SABAN:  Well, personally, I find a lot of comfort in the fact that even though the United States and Israel may have red lines in different places, we are on the same place as far as the bottom line goes —

THE PRESIDENT:  Absolutely.

MR. SABAN:  — and Iran will not have nuclear weapons.  Fair to say?

THE PRESIDENT:  Absolutely.  That is more than fair.

MR. SABAN:  Good.  Thank you.  Should we move to these Israeli-Palestinians —

THE PRESIDENT:  We should.

MR. SABAN:  Okay.  (Laughter.)  Very obedient President I have here today.  (Laughter.)

THE PRESIDENT:  This is the Saban Forum, so you’re in charge.  (Laughter.)

MR. SABAN:  I wish.  (Laughter.)

THE PRESIDENT:  Or Cheryl is in charge.

MR. SABAN:  You’re more on now, Mr. President.  It is Cheryl who is in charge.

THE PRESIDENT:  That’s exactly right.

MR. SABAN:  Anyway.  (Laughter.)  First of all, before I ask the first question, I would be remiss if I didn’t, from the bottom of my heart, thank you for your continuous effort to achieve peace in the Middle East.  Thank you so very much.  (Applause.)

THE PRESIDENT:  I appreciate it.  Thank you.

MR. SABAN:  So people talk about an imposed American solution.  We’ve heard these rumors rumbling around for a while. The U.S. has always said it doesn’t want to impose.  What would you propose?

THE PRESIDENT:  Well, first of all, this is a challenge that we’ve been wrestling with for 60 years.  And what I’ve consistently said is that the only way this is going to be resolved is if the people of Israel and the Palestinian people make a determination that their futures and the futures of their children and grandchildren will be better off with peace than with conflict.  The United States can be an effective facilitator of that negotiation and dialogue; we can help to bridge differences and bridge gaps.  But both sides have to want to get there.

And I have to commend Prime Minister Netanyahu and President Abbas for the courageous efforts that have led to very serious conversations over the last several months.  They are not easy.  But they come down to what we all know are going to be the core issues:  territory; security; refugees; Jerusalem.

And there are not a lot of secrets or surprises at this point.  We know what the outlines of a potential agreement might look like.  And the question then becomes are both sides willing to take the very tough political risks involved if their bottom lines are met.

For the Palestinians, the bottom line is that they have a state of their own that is real and meaningful.  For the Israelis, the bottom line is, to a large extent, is the state of Israel as a Jewish state secure.  And those issues have been spoken about over the last several months in these negotiations in a very serious way.  And I know Tzipi Livni is here and been participating in that, and we’re very grateful for her efforts there.

And I think it is possible over the next several months to arrive at a framework that does not address every single detail but gets us to a point where everybody recognizes better to move forward than move backwards.  Sometimes when you’re climbing up a mountain, even when it’s scary, it’s actually easier to go up than it is to go down.  And I think that we’re now at a place where we can achieve a two-state solution in which Israelis and Palestinians are living side-by-side in peace and security.  But it’s going to require some very tough decisions.

One thing I have to say, though, is we have spent a lot of time working with Prime Minister Netanyahu and his entire team to understand from an Israeli perspective what is required for the security of Israel in such a scenario.  And we — going back to what I said earlier — we understand that we can’t dictate to Israel what it needs for its security.  But what we have done is to try to understand it and then see through a consultative process, are there ways that, through technology, through additional ideas, we can potentially provide for that.

And I assigned one of our top former generals, John Allen, who most recently headed up the entire coalition effort in Afghanistan — he’s retired now, but he was willing to take on this mission — and he’s been working to examine the entire set of challenges around security —

MR. SABAN:  Has he concluded anything?

THE PRESIDENT:  Well, he’s come up to — he has arrived at the conclusion that it is possible to create a two-state solution that preserves Israel’s core security needs.

Now, that’s his conclusion, but ultimately he’s not the decision-maker here.  Prime Minister Netanyahu and the Israeli military and intelligence folks have to make that determination. And ultimately, the Palestinians have to also recognize that there is going to be a transition period where the Israeli people cannot expect a replica of Gaza in the West Bank.  That is unacceptable.  And I think we believe that we can arrive at that point where Israel was confident about that, but we’re going to have to see whether the Israelis agree and whether President Abbas, then, is willing to understand that this transition period requires some restraint on the part of the Palestinians as well. They don’t get everything that they want on day one.  And that creates some political problems for President Abbas, as well.

MR. SABAN:  Yes.  Well, I’d say my next question of what was the reaction of the Prime Minister to General Allen for John Kerry.

THE PRESIDENT:  Yes, ask John Kerry, or ask the Prime Minister.

MR. SABAN:  Okay.

THE PRESIDENT:  I don’t want to speak for him.  (Laughter.)
MR. SABAN:  They won’t tell me, but, okay.  (Laughter.)

THE PRESIDENT:  That’s probably true.

MR. SABAN:  My last question:  The Palestinians are two people — one in the West Bank, led by President Abbas that is negotiating the deal; and one in Gaza, led by Hamas that wants to eradicate Israel from the face of the Earth.  President Abbas, as far as I know, says he won’t make a deal that doesn’t include Gaza, which he doesn’t control.  How do we get out from this labyrinth?

THE PRESIDENT:  Well, I think this is going to have to happen in stages.  But here’s what I know from my visits to Israel, my visits to the West Bank:  There are people of goodwill on both sides that recognize the status quo is not sustainable over the long term, and as a consequence, it is in the interests of both the Israelis and Palestinians to resolve this issue.

There are young people, teenagers that I met both in Israel and in the Palestinian Territories that want to get out from under this history and seek a future that is fundamentally different for them.  And so if, in fact, we can create a pathway to peace, even if initially it’s restricted to the West Bank, if there is a model where young Palestinians in Gaza are looking and seeing that in the West Bank Palestinians are able to live in dignity, with self-determination, and suddenly their economy is booming and trade is taking place because they have created an environment in which Israel is confident about its security and a lot of the old barriers to commerce and educational exchange and all that has begun to break down, that’s something that the young people of Gaza are going to want.  And the pressure that will be placed for the residents of Gaza to experience that same future is something that is going to be I think overwhelmingly appealing.

But that is probably going to take place during the course of some sort of transition period.  And the security requirements that Israel requires will have to be met.  And I think that is able — that we can accomplish that, but ultimately it’s going to be something that requires everybody to stretch out of their comfort zones.

And the one thing I will say to the people of Israel is that you can be assured whoever is in the office I currently occupy, Democrat or Republican, that your security will be uppermost on our minds.  That will not change.  And that should not mean you let up on your vigilance in terms of wanting to look out for your own country.  It does — it should give you some comfort, though, that you have the most powerful nation on Earth as your closest friend and ally.  And that commitment is going to be undiminished.

Q    That was my last question.

THE PRESIDENT:  I promised — we worked something backstage where as long as Haim’s questions weren’t too long, I’d take a couple of questions from the audience.  And he was very disciplined — (laughter) — so let me take one or two.

This gentleman right here.  Why don’t you get a microphone so everybody can hear you?

Q    Mr. President, I used to be a general in the Israeli Air Force, in intelligence, and now running a think tank in Tel Aviv.  Looking into the future agreement with Iran — I put behind me the initial agreement, and what is really important is the final agreement.  Two questions.  What is the parameters that you see as a red line to ensure that Iran will be moving forward — moving backward, rolling back from the bomb as much as possible?  And what is your plan B if an agreement cannot be reached?

THE PRESIDENT:  Well, with respect to the end state, I want to be very clear there’s nothing in this agreement or document that grants Iran a right to enrich.  We’ve been very clear that given its past behavior, and given existing U.N. resolutions and previous violations by Iran of its international obligations, that we don’t recognize such a right, and if, by the way, negotiations break down, there will be no additional international recognition that’s been obtained.  So this deal goes away and we’re back to where we were before the Geneva agreement, subject — and Iran will continue to be subject to all the sanctions that we put in place in the past and we may seek additional ones.

But I think what we have said is we can envision a comprehensive agreement that involves extraordinary constraints and verification mechanisms and intrusive inspections, but that permits Iran to have a peaceful nuclear program.

Now, in terms of specifics, we know that they don’t need to have an underground, fortified facility like Fordor in order to have a peaceful nuclear program.  They certainly don’t need a heavy-water reactor at Arak in order to have a peaceful nuclear program.  They don’t need some of the advanced centrifuges that they currently possess in order to have a limited, peaceful nuclear program.

And so the question ultimately is going to be, are they prepared to roll back some of the advancements that they’ve made that would not justify — or could not be justified by simply wanting some modest, peaceful nuclear power, but, frankly, hint at a desire to have breakout capacity and go right to the edge of breakout capacity.  And if we can move that significantly back, then that is, I think, a net win.

Now, you’ll hear arguments, including potentially from the Prime Minister, that say we can’t accept any enrichment on Iranian soil.  Period.  Full stop.  End of conversation.  And this takes me back to the point I made earlier.  One can envision an ideal world in which Iran said, we’ll destroy every element and facility and you name it, it’s all gone.  I can envision a world in which Congress passed every one of my bills that I put forward.  (Laughter.)  I mean, there are a lot of things that I can envision that would be wonderful.  (Laughter.)  But precisely because we don’t trust the nature of the Iranian regime, I think that we have to be more realistic and ask ourselves, what puts us in a strong position to assure ourselves that Iran is not having a nuclear weapon and that we are protected?  What is required to accomplish that, and how does that compare to other options that we might take?

And it is my strong belief that we can envision a end state that gives us an assurance that even if they have some modest enrichment capability, it is so constrained and the inspections are so intrusive that they, as a practical matter, do not have breakout capacity.

Theoretically, they might still have some.  But, frankly, theoretically, they will always have some, because, as I said, the technology here is available to any good physics student at pretty much any university around the world.  And they have already gone through the cycle to the point where the knowledge, we’re not going to be able to eliminate.  But what we can do is eliminate the incentive for them to want to do this.

And with respect to what happens if this breaks down, I won’t go into details.  I will say that if we cannot get the kind of comprehensive end state that satisfies us and the world community and the P5-plus-1, then the pressure that we’ve been applying on them and the options that I’ve made clear I can avail myself of, including a military option, is one that we would consider and prepare for.  And we’ve always said that.  So that does not change.

But the last point I’ll make on this.  When I hear people who criticize the Geneva deal say it’s got to be all or nothing, I would just remind them if it’s nothing, if we did not even try for this next six months to do this, all the breakout capacity we’re concerned about would accelerate during that six months.  Arak would be further along.  The advanced centrifuges would have been put in place.  They’d be that much closer to breakout capacity six months from now.  And that’s why I think it’s important for us to try to test this proposition.

I’ll take a couple more.  Yes, sir.  Right over here.

Q    Mr. President, Israeli journalist from Isreal Hayom daily newspaper.  Mr. President, I covered the negotiations with Iran, nuclear negotiations — Geneva 2009, Istanbul 2010.  And I came back now from Geneva again, where you could see the big change was not only on Iran’s side, but also on the P5-plus-1 side, meaning they were very eager to reach an agreement.  Coming back from Geneva, we learned, and some of us had known before, the secret talks America had with Iran.  And we know the concern you have on the Israeli security — e’re very grateful.  But how does it coincide with your secret negotiations Washington had with Tehran?  Thank you.

THE PRESIDENT:  The truth is, is that, without going into the details, there weren’t a lot of secret negotiations.  Essentially what happened — and we were very clear and transparent about this — is that from the time I took office, I said we would reach out to Iran and we would let them know we’re prepared to open up a diplomatic channel.  After Rouhani was elected, there was some acceleration leading up to the U.N.  General Assembly.  You’ll recall that Rouhani was engaging in what was termed a charm offensive, right, and he was going around talking to folks.  And at that point, it made sense for us to see, all right, how serious are you potentially about having these conversations.

They did not get highly substantive in the first several meetings but were much more exploring how much room, in fact, did they have to get something done.  And then as soon as they began to get more technical, at that point, they converged with the P5-plus-1 discussions.

I will say this:  The fact of Rhouhani’s election — it’s been said that there’s no difference between him and Ahmadinejad except that he’s more charming.  I think that understates the shift in politics that took place in this election.  Obviously, Rouhani is part of the Iranian establishment and I think we have to assume that his ideology is one that is hostile to the United States and to Israel.  But what he also represents is the desire on the part of the Iranian people for a change of direction.  And we should not underestimate or entirely dismiss a shift in how the Iranian people want to interact with the world.

There’s a lot of change that’s going to be taking place in the Middle East over the next decade.  And wherever we see the impulses of a people to move away from conflict, violence, and towards diplomatic resolution of conflicts, we should be ready and prepared to engage them — understanding, though, that, ultimately it’s not what you say, it’s what you do.

And we have to be vigilant about maintaining our security postures, not be naïve about the dangers that an Iranian regime pose, fight them wherever they’re engaging in terrorism or actions that are hostile to us or our allies.  But we have to not constantly assume that it’s not possible for Iran, like any country, to change over time.  It may not be likely.  If you asked me what is the likelihood that we’re able to arrive at the end state that I was just describing earlier, I wouldn’t say that it’s more than 50/50.  But we have to try.

Last question.  And I think it’s — the young lady right there.

Q    Mr. President, I’m a reporter for Israeli Channel Two. I have been listening to your analysis of the Iranian deal, and I can only imagine a different — a slightly different analysis given by our Prime Minister Netanyahu.

THE PRESIDENT:  I think that’s probably a good bet.  That’s more than 50/50.  (Laughter.)

Q    Israelis are known for their understatement.  (Laughter.)  And I try to imagine a conversation between you two. And he would ask you, Mr. President, I see this deal as a historic mistake — which he has already stated — and I think it’s the worst deal the West could have gotten.  And you would have told him, Bibi, that’s where you go wrong.  What would you have told him?  That’s one thing.  And then, perhaps to understand the essence of your conversation, he would ask you, Mr. President, is there one set of circumstances under which you will order your B-52s to strike in Iran?  What would you tell him?  (Laughter.)  Is there any set of circumstances in which you will order your fighter pilots to strike in Iran?  What would you tell the Prime Minister?

THE PRESIDENT:  Let me make a couple of points.  Number one, obviously, the conversations between me and the Prime Minister are for me and the Prime Minister, not for an audience like this. And I will say that Bibi and I have very candid conversations, and there are occasionally significant tactical disagreements, but there is a constancy in trying to reach the same goal.  And in this case, that goal is to make sure that Iran does not have a nuclear weapon.

As President of the United States, I don’t go around advertising the circumstances in which I order pilots to launch attacks.  That I think would be bad practice.  (Laughter.)  I also would say, though, that when the President of the United States says that he doesn’t take any options off the table, that should be taken seriously.  And I think I have a track record over the last five years that indicates that that should be taken seriously.

It’s interesting — in the region, there was this interesting interpretation of what happened with respect to Syria.  I said it’s a problem for Syria to have chemical weapons that it uses on its own citizens.  And when we had definitive proof that it had, I indicated my willingness potentially to take military action.  The fact that we ultimately did not take military action in some quarters was interpreted as, ah, you see, the President is not willing to take military action — despite the fact that I think Mr. Qaddafi would have a different view of that, or Mr. bin Laden.  Be that as it may, that was yesterday, what have you done for me lately?  (Laughter.)

But the point is that my preference was always to resolve the issue diplomatically.  And it turns out, lo and behold, that Syria now is actually removing its chemical weapons that a few months ago it denied it even possessed, and has provided a comprehensive list, and they have already begun taking these weapons out of Syria.  And although that does not solve the tragic situation inside of Syria, it turns out that removing those chemical weapons will make us safer and it will make Israel safer, and it will make the Syrian people safer, and it will make the region safer.

And so I do not see military action as an end unto itself.  Military action is one tool that we have in a tool kit that includes diplomacy in achieving our goals, which is ultimately our security.

And I think if you want to summarize the difference, in some ways, between myself and the Prime Minister on the Geneva issue, I think what this comes down to is the perception, potentially, that if we just kept on turning up the pressure — new sanctions, more sanctions, more military threats, et cetera — that eventually Iran would cave.  And what I’ve tried to explain is two points:  One is that the reason the sanctions have been so effective — because we set them up in a painstaking fashion — the reason they’ve been effective is because other countries had confidence that we were not imposing sanctions just for the sake of sanctions, but we were imposing sanctions for the sake of trying to actually get Iran to the table and resolve the issue.  And if the perception internationally was that we were not in good faith trying to resolve the issue diplomatically, that, more than anything, would actually begin to fray the edges of the sanctions regime.  Point number one.

And point number two — I’ve already said this before — you have to compare the approach that we’re taking now with the alternatives.  The idea that Iran, given everything we know about their history, would just continue to get more and more nervous about more sanctions and military threats, and ultimately just say, okay, we give in — I think does not reflect an honest understanding of the Iranian people or the Iranian regime.  And I say that — by the way, I’m not just talking about the hardliners inside of Iran.  I think even the so-called moderates or reformers inside of Iran would not be able to simply say, we will cave and do exactly what the U.S. and the Israelis say.

They are going to have to have a path in which they feel that there is a dignified resolution to this issue.  That’s a political requirement of theirs, and that, I suspect, runs across the political spectrum.  And so for us to present a door that serves our goals and our purposes but also gives them the opportunity to, in a dignified fashion, reenter the international community and change the approach that they’ve taken — at least on this narrow issue, but one that is of extraordinary importance to all of us — is an opportunity that we should grant them.

All right?

Well, thank you very much.  I enjoyed this.  (Applause.)

MR. SABAN:  Thank you so much.  Thank you, Mr. President.  You’ve been very generous.  (Applause.)

END
2:00 P.M. EST

Political Musings November 25, 2013: Obama faces opposition to Iran nuclear weapons deal from Israel, GOP & Canada

POLITICAL MUSINGS

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OBAMA PRESIDENCY & THE 113TH CONGRESS:

OP-EDS & ARTICLES

Obama faces opposition to Iran nuclear weapons deal from Israel, GOP & Canada

By Bonnie K. Goodman

US President Barack Obama speaks in the State Dining Room at the White House Saturday November 23, 2013, in Washington about the nuclear deal between six world powers and Iran (photo credit: AP/Susan Walsh)

The P5+1 world superpowers came to an interim deal with Iran to freeze their nuclear program in exchange for easing economic sanctions late Saturday, Nov. 23, 2013 during the their third round of talks on the issue in Geneva…READ MORE

Political Headlines November 24, 2013: Iran, World Powers Reach Nuclear Deal

POLITICAL HEADLINES

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OBAMA PRESIDENCY & THE 113TH CONGRESS:

THE HEADLINES….

Iran, World Powers Reach Nuclear Deal

FABRICE COFFRINI/AFP/Getty Images(GENEVA) — Iran and six world powers reached a preliminary deal Sunday morning to freeze key parts of Tehran’s nuclear program in return for temporary relief on economic sanctions….READ MORE

Full Text Obama Presidency November 23, 2013: Fact Sheet: Iran Nuclear Weapons Program Deal

POLITICAL HEADLINES

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OBAMA PRESIDENCY & THE 113TH CONGRESS:

THE HEADLINES….

Fact Sheet: First Step Understandings Regarding the Islamic Republic of Iran’s Nuclear Program

Source: WH, 11-23-13 

The P5+1 (the United States, United Kingdom, Germany, France, Russia, and China, facilitated by the European Union) has been engaged in serious and substantive negotiations with Iran with the goal of reaching a verifiable diplomatic resolution that would prevent Iran from obtaining a nuclear weapon.

President Obama has been clear that achieving a peaceful resolution that prevents Iran from obtaining a nuclear weapon is in America’s national security interest.  Today, the P5+1 and Iran reached a set of initial understandings that halts the progress of Iran’s nuclear program and rolls it back in key respects.  These are the first meaningful limits that Iran has accepted on its nuclear program in close to a decade.  The initial, six month step includes significant limits on Iran’s nuclear program and begins to address our most urgent concerns including Iran’s enrichment capabilities; its existing stockpiles of enriched uranium; the number and capabilities of its centrifuges; and its ability to produce weapons-grade plutonium using the Arak reactor.  The concessions Iran has committed to make as part of this first step will also provide us with increased transparency and intrusive monitoring of its nuclear program.  In the past, the concern has been expressed that Iran will use negotiations to buy time to advance their program.  Taken together, these first step measures will help prevent Iran from using the cover of negotiations to continue advancing its nuclear program as we seek to negotiate a long-term, comprehensive solution that addresses all of the international community’s concerns.

In return, as part of this initial step, the P5+1 will provide limited, temporary, targeted, and reversible relief to Iran.  This relief is structured so that the overwhelming majority of the sanctions regime, including the key oil, banking, and financial sanctions architecture, remains in place.  The P5+1 will continue to enforce these sanctions vigorously.  If Iran fails to meet its commitments, we will revoke the limited relief and impose additional sanctions on Iran.

The P5+1 and Iran also discussed the general parameters of a comprehensive solution that would constrain Iran’s nuclear program over the long term, provide verifiable assurances to the international community that Iran’s nuclear activities will be exclusively peaceful, and ensure that any attempt by Iran to pursue a nuclear weapon would be promptly detected.  The set of understandings also includes an acknowledgment by Iran that it must address all United Nations Security Council resolutions – which Iran has long claimed are illegal – as well as past and present issues with Iran’s nuclear program that have been identified by the International Atomic Energy Agency (IAEA).  This would include resolution of questions concerning the possible military dimension of Iran’s nuclear program, including Iran’s activities at Parchin.  As part of a comprehensive solution, Iran must also come into full compliance with its obligations under the Non-Proliferation Treaty (NPT) and its obligations to the IAEA.  With respect to the comprehensive solution, nothing is agreed until everything is agreed.  Put simply, this first step expires in six months, and does not represent an acceptable end state to the United States or our P5+1 partners.

Halting the Progress of Iran’s Program and Rolling Back Key Elements

Iran has committed to halt enrichment above 5%:

·         Halt all enrichment above 5% and dismantle the technical connections required to enrich above 5%.

Iran has committed to neutralize its stockpile of near-20% uranium:

·         Dilute below 5% or convert to a form not suitable for further enrichment its entire stockpile of near-20% enriched uranium before the end of the initial phase.

Iran has committed to halt progress on its enrichment capacity:

·         Not install additional centrifuges of any type.

·         Not install or use any next-generation centrifuges to enrich uranium.

·         Leave inoperable roughly half of installed centrifuges at Natanz and three-quarters of installed centrifuges at Fordow, so they cannot be used to enrich uranium.

·         Limit its centrifuge production to those needed to replace damaged machines, so Iran cannot use the six months to stockpile centrifuges.

·         Not construct additional enrichment facilities.

Iran has committed to halt progress on the growth of its 3.5% stockpile:

·         Not increase its stockpile of 3.5% low enriched uranium, so that the amount is not greater at the end of the six months than it is at the beginning, and any newly enriched 3.5% enriched uranium is converted into oxide.

Iran has committed to no further advances of its activities at Arak and to halt progress on its plutonium track.  Iran has committed to:

·         Not commission the Arak reactor.

·         Not fuel the Arak reactor.

·         Halt the production of fuel for the Arak reactor.

·         No additional testing of fuel for the Arak reactor.

·         Not install any additional reactor components at Arak.

·         Not transfer fuel and heavy water to the reactor site.

·         Not construct a facility capable of reprocessing.  Without reprocessing, Iran cannot separate plutonium from spent fuel.

Unprecedented transparency and intrusive monitoring of Iran’s nuclear program 

Iran has committed to: 

·         Provide daily access by IAEA inspectors at Natanz and Fordow.  This daily access will permit inspectors to review surveillance camera footage to ensure comprehensive monitoring.  This access will provide even greater transparency into enrichment at these sites and shorten detection time for any non-compliance.

·         Provide IAEA access to centrifuge assembly facilities.

·         Provide IAEA access to centrifuge rotor component production and storage facilities.

·         Provide IAEA access to uranium mines and mills.

·         Provide long-sought design information for the Arak reactor.  This will provide critical insight into the reactor that has not previously been available.

·         Provide more frequent inspector access to the Arak reactor.

·         Provide certain key data and information called for in the Additional Protocol to Iran’s IAEA Safeguards Agreement and Modified Code 3.1.

Verification Mechanism

The IAEA will be called upon to perform many of these verification steps, consistent with their ongoing inspection role in Iran.  In addition, the P5+1 and Iran have committed to establishing a Joint Commission to work with the IAEA to monitor implementation and address issues that may arise.  The Joint Commission will also work with the IAEA to facilitate resolution of past and present concerns with respect to Iran’s nuclear program, including the possible military dimension of Iran’s nuclear program and Iran’s activities at Parchin.

Limited, Temporary, Reversible Relief

In return for these steps, the P5+1 is to provide limited, temporary, targeted, and reversible relief while maintaining the vast bulk of our sanctions, including the oil, finance, and banking sanctions architecture.  If Iran fails to meet its commitments, we will revoke the relief.  Specifically the P5+1 has committed to:

·         Not impose new nuclear-related sanctions for six months, if Iran abides by its commitments under this deal, to the extent permissible within their political systems.

·         Suspend certain sanctions on gold and precious metals, Iran’s auto sector, and Iran’s petrochemical exports, potentially providing Iran approximately $1.5 billion in revenue.

·         License safety-related repairs and inspections inside Iran for certain Iranian airlines.

·         Allow purchases of Iranian oil to remain at their currently significantly reduced levels – levels that are 60% less than two years ago.  $4.2 billion from these sales will be allowed to be transferred in installments if, and as, Iran fulfills its commitments.

·         Allow $400 million in governmental tuition assistance to be transferred from restricted Iranian funds directly to recognized educational institutions in third countries to defray the tuition costs of Iranian students.

Humanitarian Transaction

Facilitate humanitarian transactions that are already allowed by U.S. law.  Humanitarian transactions have been explicitly exempted from sanctions by Congress so this channel will not provide Iran access to any new source of funds.  Humanitarian transactions are those related to Iran’s purchase of food, agricultural commodities, medicine, medical devices; we would also facilitate transactions for medical expenses incurred abroad.  We will establish this channel for the benefit of the Iranian people.

Putting Limited Relief in Perspective

In total, the approximately $7 billion in relief is a fraction of the costs that Iran will continue to incur during this first phase under the sanctions that will remain in place.  The vast majority of Iran’s approximately $100 billion in foreign exchange holdings are inaccessible or restricted by sanctions.

In the next six months, Iran’s crude oil sales cannot increase.  Oil sanctions alone will result in approximately $30 billion in lost revenues to Iran – or roughly $5 billion per month – compared to what Iran earned in a six month period in 2011, before these sanctions took effect.  While Iran will be allowed access to $4.2 billion of its oil sales, nearly $15 billion of its revenues during this period will go into restricted overseas accounts.  In summary, we expect the balance of Iran’s money in restricted accounts overseas will actually increase, not decrease, under the terms of this deal.

Maintaining Economic Pressure on Iran and Preserving Our Sanctions Architecture

During the first phase, we will continue to vigorously enforce our sanctions against Iran, including by taking action against those who seek to evade or circumvent our sanctions.

·         Sanctions affecting crude oil sales will continue to impose pressure on Iran’s government.  Working with our international partners, we have cut Iran’s oil sales from 2.5 million barrels per day (bpd) in early 2012 to 1 million bpd today, denying Iran the ability to sell almost 1.5 million bpd.  That’s a loss of more than $80 billion since the beginning of 2012 that Iran will never be able to recoup.  Under this first step, the EU crude oil ban will remain in effect and Iran will be held to approximately 1 million bpd in sales, resulting in continuing lost sales worth an additional $4 billion per month, every month, going forward.

·         Sanctions affecting petroleum product exports to Iran, which result in billions of dollars of lost revenue, will remain in effect.

·         The vast majority of Iran’s approximately $100 billion in foreign exchange holdings remain inaccessible or restricted by our sanctions.

·         Other significant parts of our sanctions regime remain intact, including:

o   Sanctions against the Central Bank of Iran and approximately two dozen other major Iranian banks and financial actors;

o   Secondary sanctions, pursuant to the Comprehensive Iran Sanctions, Accountability, and Divestment Act (CISADA) as amended and other laws, on banks that do business with U.S.-designated individuals and entities;

o   Sanctions on those who provide a broad range of other financial services to Iran, such as many types of insurance; and,

o   Restricted access to the U.S. financial system.

·         All sanctions on over 600 individuals and entities targeted for supporting Iran’s nuclear or ballistic missile program remain in effect.

·         Sanctions on several sectors of Iran’s economy, including shipping and shipbuilding, remain in effect.

·         Sanctions on long-term investment in and provision of technical services to Iran’s energy sector remain in effect.

·         Sanctions on Iran’s military program remain in effect.

·         Broad U.S. restrictions on trade with Iran remain in effect, depriving Iran of access to virtually all dealings with the world’s biggest economy

·         All UN Security Council sanctions remain in effect.

·         All of our targeted sanctions related to Iran’s state sponsorship of terrorism, its destabilizing role in the Syrian conflict, and its abysmal human rights record, among other concerns, remain in effect.

A Comprehensive Solution

During the six-month initial phase, the P5+1 will negotiate the contours of a comprehensive solution.  Thus far, the outline of the general parameters of the comprehensive solution envisions concrete steps to give the international community confidence that Iran’s nuclear activities will be exclusively peaceful.  With respect to this comprehensive resolution:  nothing is agreed to with respect to a comprehensive solution until everything is agreed to.  Over the next six months, we will determine whether there is a solution that gives us sufficient confidence that the Iranian program is peaceful.  If Iran cannot address our concerns, we are prepared to increase sanctions and pressure. 

Conclusion 

In sum, this first step achieves a great deal in its own right.  Without this phased agreement, Iran could start spinning thousands of additional centrifuges.  It could install and spin next-generation centrifuges that will reduce its breakout times.  It could fuel and commission the Arak heavy water reactor.  It could grow its stockpile of 20% enriched uranium to beyond the threshold for a bomb’s worth of uranium. Iran can do none of these things under the conditions of the first step understanding.

Furthermore, without this phased approach, the international sanctions coalition would begin to fray because Iran would make the case to the world that it was serious about a diplomatic solution and we were not.  We would be unable to bring partners along to do the crucial work of enforcing our sanctions.  With this first step, we stop and begin to roll back Iran’s program and give Iran a sharp choice:  fulfill its commitments and negotiate in good faith to a final deal, or the entire international community will respond with even more isolation and pressure.

The American people prefer a peaceful and enduring resolution that prevents Iran from obtaining a nuclear weapon and strengthens the global non-proliferation regime.  This solution has the potential to achieve that.  Through strong and principled diplomacy, the United States of America will do its part for greater peace, security, and cooperation among nations.

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