Were the Iran Nuclear Negotiations Compromised by a Leak?

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(Newswire.net — November 7, 2016) — On July 14, 2015 after years of work, The Joint Comprehensive Plan of Action or more commonly known as Iran nuclear deal, was reached.  This international agreement on the nuclear program of Iran was reached in Vienna  between Iran, the United States, ChinaFranceRussiaUnited Kingdom, Germany, and the European Union.

22 days prior to this agreement, On June 22, 2015 in an email obtained from Wikileaks  https://wikileaks.org/podesta-emails/emailid/32 purportedly from seizenstat@cov.com (Stuart Eizenstat) a State Department Adviser at the time. To: Jake.Sullivan@gmail.com (Jake Sulivan), and CC: to John.Podesta@gmail.com (John Podesta), huma@Hroffice (Huma Abedin), and tom.nides@morganstanley.com (Thomas R. Nides).

What was Communicated 22 days prior to the Iran Nuclear Agreement via an unsecured channel:

1. “…Dear Jake, I have sent several detailed notes on the Iran nuclear deal, and will avoid repetition. But with the June 30 deadline fast approaching (although it may be extended), and with Hillary certain to be pressed on whether she supports the deal and will urge Congress not to disapprove it, I wanted to share a few thoughts…” ;

2. “… 1. This could well be a voting issue for many moderates in the Jewish community. The mainstream organized leadership will almost certainly oppose the deal, along with Israel and all the Republican candidates, Saudi Arabia and the Gulf States, and perhaps Egypt…”;

3. “… 2. While we cannot be sure until there is a final agreement, it appears that many of the open issues since the preliminary accord, may be resolved in Iran’s favor:…”;

4. “… (1) Enriched uranium will stay in Iran for dilution, rather than be sent to Russia or France for reprocessing…”;

5. “… (2) Sanctions will not be phased-out commensurate with compliance, as the US Fact Sheet indicated after the last “agreement”, but may come off more quickly. This will transfer billions to Iran and enhance its funding for terrorism and its efforts to gain hegemony in the region…”;

6. “… (3) It is not clear what Iran will be required to do on PMD, if anything. This was required of Iraq by the UNSC in September 2002. Iran should be held to the same standard. They have yet to answer 11 of the 12 IAEA questions, yet UN sanctions will be lifted…”;

7. “… (4) Russia, China and Iran itself may be able to block “snapback” sanctions if there is a violation of the agreement. US companies will be disadvantaged compared to European companies, since many US non-nuclear sanctions will remain, while all EU sanctions are nuclear-related…”;

8. “… (5) Military sites (Parchin) are likely to be off the table for inspections…”;

9. “… (6) Iran will likely be able to do research on advanced centrifuges, which enrich more uranium more rapidly than the current generation. This would markedly reduce the breakout time in the last years of the accord. Presidenr Obama has conceded this point (e.g. David Sanger article in NYT, April 8, 2015)…”;

10. “… (7) Iran will have an industrial size nuclear program, and will be left as a “nuclear capable state”…”;

11. “…  (8) Iran will be able to keep 1000 centrifuges at Fordo…”;

12. “… (9) Nothing in the agreement will limit its support for terrorism…”;

13. “… 3. That said, there are likely to be positive aspects to the agreement…”;

14. “… (1) The Arak plutonium plant will be effectively dismantled...”;

15. “…(2) There will be more intrusive IAEA inspections, since Iran will sign the Additional Protocol of thr NPT…”;

16. “… (3) The number of centrifuges will be cut by 2/3…”;

17. “…(4) Iran will be a year away from breakout. It would still need to develop a nuclear weapon that can fit on a missile…”;

18. “… (5) Iran’s stockpile of enriched uranium from 10 tons to 700 pounds…”;

19. “… (6) Ten years is a long time and Iran’s conduct may moderate…”;

20. “… 4, Hillary cannot oppose the agreement given her position as the President’s Secretary of State and should urge its approval by Congress under Corker-Cardin. But she can and should point out concerns with it (as she did, unfortunately from my perspective, on TPP/TPA). More broadly, she should appear more muscular I her approach than the President’s. The statement I suggested a few months ago still would be appropriate. But she should also say the following:..”;

21.  (1) As President, she would never consider Iran a strategic partner in the region. Quite the contrary, she would do all she can to oppose Iranian misconduct…”;

22. “… (2) Our allies in the region must know that we will stand behind them and supply them with the means to defend themselves and avoid the region tilting to Iran, including bunker-busting bombs Bush and Obama refused to provide to Israel.. Defense treaties should be considered so any attack by Iran would be considered an attack against the US…”;

23. “… (3) Bibi should be invited for early talks on how the partnership with Israel can be strengthened to combat Iran and Israel’s other avowed enemies…”;

24. “… (4) A common agenda should be forged with Israel and our Arab allies…”;

25. “… (5) If the US itself believes Iran has cheated, as President, she would reimpose US sanctions, even if Russia-China-Iran say there was no violation. She would work to get the EU to also reimpose their sanctions…”;

26. “… (6) It is just as unacceptable for Iran to develop a nuclear weapon after the expiration of the agreement, as it is during the agreement, given the nature of the regime. Therefore, while she would not be president, all means should be used to prevent Iran from acquiring a nuclear weapon. Best wishes, Stu Eizenstat…”.

Who is Stuart Eizenhart?

From the U.S. Department of State website at http://www.state.gov/r/pa/ei/biog/218946.htm 

Stuart Eizenhart with the law firm of Covington & Burling, was named Special Adviser on Holocaust Issues in December 2013. As such, he is responsible for offering policy advice on Holocaust-related matters, doing so in close coordination with the Department of State’s Special Envoy for Holocaust Issues in the Bureau of European and Eurasian Affairs and with the Office of International Claims and Investment Disputes in the Office of the Legal Adviser. Eizenstat held the same advisory position for Secretary of State Hillary Rodham Clinton.

During a decade and a half of public service in three U.S. administrations, Eizenstat has held a number of key senior positions, including chief White House domestic policy adviser to President Jimmy Carter (1977-1981); U.S. Ambassador to the European Union, Under Secretary of Commerce for International Trade, Under Secretary of State for Economic, Business and Agricultural Affairs, and Deputy Secretary of the Treasury in the Clinton Administration (1993-2001).

During the Clinton Administration, he had a prominent role in the development of key international initiatives, including the negotiations of the Transatlantic Agenda with the European Union (establishing what remains of the framework for the U.S. relationship with the EU); the development of the Transatlantic Business Dialogue (TABD) among European and U.S. CEOs; the negotiation of agreements with the European Union regarding the Helms-Burton Act and the Iran-Libya Sanctions Act; the negotiation of the Japan Port Agreement with the Japanese government; and the negotiation of the Kyoto Protocol on global warming, where he led the U.S. delegation.

Much of the interest in providing belated justice for victims of the Holocaust and other victims of Nazi tyranny during World War II was the result of his leadership of the Clinton Administration as Special Representative of the President and Secretary of State on Holocaust-Era Issues. He successfully negotiated major agreements with the Swiss, Germans, Austrian and French, and other European countries, covering restitution of property, payment for slave and forced laborers, recovery of looted art, bank accounts, and payment of insurance policies. His book on these events, Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War II, has been favorably received in publications like the New York Times, Los Angeles Times, Washington Post, Business Week, and Publisher’s Weekly. It has been translated into German, French, Czech and Hebrew.

Eizenstat has received seven honorary doctorate degrees from universities and academic institutions. He has been awarded high civilian awards from the governments of France (Legion of Honor), Germany, Austria, and Belgium, as well as from Secretary of State Warren Christopher, Secretary of State Madeleine Albright, and Secretary of the Treasury Lawrence Summers. In 2007, he was named “The Leading Lawyer in International Trade” in Washington, DC by Legal Times. His articles appear in The New York Times, Financial Times, International Herald Tribune, Washington Post, Los Angeles Times, Foreign Policy magazine, and Foreign Affairs magazine, on a variety of international and domestic topics. Eizenstat grew up and was educated in the public schools of Atlanta. He is a Phi Beta Kappa, cum laudegraduate of the University of North Carolina at Chapel Hill and of Harvard Law School.

Who is Stuart Eizenhart attorney at the law firm of Covington and Burling 

Ambassador Eizenstat heads the firm’s international practice.  His work at Covington focuses on resolving international trade problems and business disputes with the US and foreign governments, and international business transactions and regulations on behalf of US companies and others around the world.

During a decade and a half of public service in three US administrations, Ambassador Eizenstat has held a number of key senior positions, including chief White House domestic policy adviser to President Jimmy Carter (1977-1981); U.S. Ambassador to the European Union, Under Secretary of Commerce for International Trade, Under Secretary of State for Economic, Business and Agricultural Affairs, and Deputy Secretary of the Treasury in the Clinton Administration (1993-2001).

During the Clinton Administration, he had a prominent role in the development of key international initiatives, including the negotiations of the Transatlantic Agenda with the European Union (establishing what remains of the framework for the US relationship with the EU); the development of the Transatlantic Business Dialogue (TABD) among European and US CEOs; the negotiation of agreements with the European Union regarding the Helms-Burton Act and the Iran-Libya Sanctions Act; the negotiation of the Japan Port Agreement with the Japanese government; and the negotiation of the Kyoto Protocol on global warming, where he led the US delegation.

Much of the interest in providing belated justice for victims of the Holocaust and other victims of Nazi tyranny during World War II was the result of his leadership of the Clinton Administration as Special Representative of the President and Secretary of State on Holocaust-Era Issues.  He successfully negotiated major agreements with the Swiss, Germans, Austrian and French, and other European countries, covering restitution of property, payment for slave and forced laborers, recovery of looted art, bank accounts, and payment of insurance policies.  His book on these events, Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War II, has been favorably received in publications like the New York Times, Los Angeles Times, Washington Post, Business Week, and Publisher’s Weekly.  It has been translated into German, French, Czech and Hebrew.

Ambassador Eizenstat has received eight honorary doctorate degrees from universities and academic institutions.  He has been awarded high civilian awards from the governments of France (Legion of Honor), Germany, Austria, and Belgium, as well as from Secretary of State Warren Christopher, Secretary of State Madeleine Albright, and Secretary of the Treasury Lawrence Summers.  In 2007, he was named “The Leading Lawyer in International Trade” in Washington, DC by Legal Times.  His articles appear in The New York Times, Financial Times, International Herald Tribune, Washington Post, Los Angeles Times, Foreign Policy magazine, and Foreign Affairs magazine, on a variety of international and domestic topics.  Ambassador Eizenstat grew up and was educated in the public schools of Atlanta.  He is a Phi Beta Kappa, cum laude graduate of the University of North Carolina at Chapel Hill and of Harvard Law School. He is married to Frances Eizenstat and has two sons and eight grandchildren.

Representative Matters

  • Represented major US and foreign corporations including Boeing Company, KBR, BP, BT, Coca-Cola, and Neptune Orient Lines.
  • Special advisor to the Bromide Science and Environment Forum.
  • Advised the governments of Australia and Cyprus.

Pro Bono

  • Various Holocaust restitution matters.

Memberships and Affiliations

  • United States Department of Defense, Defense Policy Board member (2014-present)
  • Adjunct Lecturer, John F. Kennedy School of Government at Harvard University (1982-1991)
  • Ambassador Stuart E. Eizenstat Professorship in Modern Jewish History and Culture, University of North Carolina at Chapel Hill (established 2008)
  • American Bar Association (1967-present)
  • Black Rock Funds, Board of Trustees (2001-present)
  • BT Americas, Advisory Board (2005-2008)
  • Coca-Cola, International Advisory Board (2002-2011)    
  • Group Menatep Limited, International Advisory Board (2002-present)
  • Sustainable Forestry Management, International Advisory Board (2005-present)
  • United Parcel Service (UPS), Board of Directors (2005-present)
  • Mirant Corporation, Board of Directors (2001-2005)
  • Center for Global Development and for the Atlantic Council, led study commissions
  • Council on Foreign Relations, Member (1993-present)
  • Freedom House, Vice Chairman of the Board (2003-2007)    
  • Institute of U.S. Jewish-Israeli Relations of the American Jewish Committee, Founding Chairman (1982-1986)
  • Jewish Community Center of Greater Washington, former President (1989-1991)
  • Transparency International, Advisory Board (2006-present)
  • Weizmann Institute of Science in Israel, former Chairman of the Board of Governors (2002-2005)

Previous Experience

  • Deputy Secretary of the Treasury (1999-2001)
  • Under Secretary of State for Economic, Business and Agricultural Affairs (1997-1999)
  • Under Secretary of Commerce for International Trade (1996-1997)
  • U.S. Ambassador to the European Union (1993-1996)
  • Chief Domestic Policy Adviser and Executive Director of the White House Domestic Policy Staff for President Jimmy Carter (1977-1981)
  • Policy Director, Jimmy Carter’s 1976 Campaign for the Presidency
  • White House Staff of President Lyndon B. Johnson (1967-1968)
  • Research Director, Vice President Hubert Humphrey’s 1968 Presidential Campaign
  • Adjunct Lecturer, John F. Kennedy School of Government at Harvard University (1982-1991)
  • Brookings Institution, Guest Scholar (1981)