[House Hearing, 115 Congress] [From the U.S. Government Publishing Office] PROTECTING AMERICA FROM A BAD DEAL: ENDING U.S. PARTICIPATION IN THE NUCLEAR AGREEMENT WITH IRAN ======================================================================= HEARING BEFORE THE SUBCOMMITTEE ON NATIONAL SECURITY OF THE COMMITTEE ON OVERSIGHT AND GOVERNMENT REFORM HOUSE OF REPRESENTATIVES ONE HUNDRED FIFTEENTH CONGRESS SECOND SESSION __________ JUNE 6, 2018 __________ Serial No. 115-84 __________ Printed for the use of the Committee on Oversight and Government Reform [GRAPHIC NOT AVAILABLE IN TIFF FORMAT] Available via the World Wide Web: http://www.fdsys.gov http://oversight.house.gov __________ U.S. GOVERNMENT PUBLISHING OFFICE 31-273 PDF WASHINGTON : 2018 ----------------------------------------------------------------------------------- For sale by the Superintendent of Documents, U.S. Government Publishing Office, http://bookstore.gpo.gov. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-free). E-mail, [email protected]. Committee on Oversight and Government Reform Trey Gowdy, South Carolina, Chairman John J. Duncan, Jr., Tennessee Elijah E. Cummings, Maryland, Darrell E. Issa, California Ranking Minority Member Jim Jordan, Ohio Carolyn B. Maloney, New York Mark Sanford, South Carolina Eleanor Holmes Norton, District of Justin Amash, Michigan Columbia Paul A. Gosar, Arizona Wm. Lacy Clay, Missouri Scott DesJarlais, Tennessee Stephen F. Lynch, Massachusetts Virginia Foxx, North Carolina Jim Cooper, Tennessee Thomas Massie, Kentucky Gerald E. Connolly, Virginia Mark Meadows, North Carolina Robin L. Kelly, Illinois Ron DeSantis, Florida Brenda L. Lawrence, Michigan Dennis A. Ross, Florida Bonnie Watson Coleman, New Jersey Mark Walker, North Carolina Raja Krishnamoorthi, Illinois Rod Blum, Iowa Jamie Raskin, Maryland Jody B. Hice, Georgia Jimmy Gomez, Maryland Steve Russell, Oklahoma Peter Welch, Vermont Glenn Grothman, Wisconsin Matt Cartwright, Pennsylvania Will Hurd, Texas Mark DeSaulnier, California Gary J. Palmer, Alabama Stacey E. Plaskett, Virgin Islands James Comer, Kentucky John P. Sarbanes, Maryland Paul Mitchell, Michigan Greg Gianforte, Montana Sheria Clarke, Staff Director Robert Borden, Deputy Staff Director William McKenna, General Counsel Ari Wisch, Professional Staff Member Kiley Bidelman, Clerk David Rapallo, Minority Staff Director ------ Subcommittee on National Security Ron DeSantis, Florida, Chairman Steve Russell, Oklahoma, Vice Chair Stephen F. Lynch, Massachusetts, John J. Duncan, Jr., Tennessee Ranking Minority Member Justin Amash, Michigan Peter Welch, Vermont Paul A. Gosar, Arizona Mark DeSaulnier, California Virginia Foxx, North Carolina Jimmy Gomez, California Jody B. Hice, Georgia John P. Sarbanes, Maryland James Comer, Kentucky Vacancy Vacancy C O N T E N T S ---------- Page Hearing held on June 6, 2018..................................... 1 WITNESSES Mr. Richard Goldberg, Senior Advisor, Foundation for Defense of Democracies Oral Statement............................................... 6 Written Statement............................................ 9 Mr. David Albright, President, Institute for Science and International Security Oral Statement............................................... 21 Written Statement............................................ 23 Mr. Michael Pregent, Senior Fellow, Hudson Institute Oral Statement............................................... 37 Written Statement............................................ 40 Jim Walsh, Ph.D., Senior Research Associate, Security Studies Program, Massachusetts Institute of technology Oral Statement............................................... 45 Written Statement............................................ 47 Michael Rubin, Ph.D., Resident Scholar, American Enterprise Institute Oral Statement............................................... 66 Written Statement............................................ 68 PROTECTING AMERICA FROM A BAD DEAL: ENDING U.S. PARTICIPATION IN THE NUCLEAR AGREEMENT WITH IRAN ---------- Wednesday, June 6, 2018 House of Representatives, Subcommittee on National Security, Committee on Oversight and Government Reform, Washington, D.C. The subcommittee met, pursuant to call, at 2:14 p.m., in Room 2154, Rayburn House Office Building, Hon. Ron DeSantis [chairman of the subcommittee] presiding. Present: Representatives DeSantis, Russell, Amash, Hice, Comer, and Welch. Also Present: Representatives Zeldin and Donovan. Mr. DeSantis. The Subcommittee on National Security will come to order. Without objection, the chair is authorized to declare a recess at any time. May 8, 2018, President Trump made one of the most momentous decisions of his Presidency by terminating the United States' participation in the Joint Comprehensive Plan of Action, or JCPOA, better known as the Iran deal, and he decided to immediately begin reimposing sanctions on Iran. The President made the right decision. He saw this deal for what it was, calling it, quote, ``one of the worst and most one-sided transactions the United States has ever entered into,'' end quote. The Iran deal has empowered the Iranian regime and has fueled Iran's ambitions for regional dominance. It's not hard to see why. The deal provided Iran with billions upon billions of dollars in upfront sanctions relief, including airlifting $1.7 billion in cash, effectively to the Iran Revolutionary Guard Corps. To obtain this financial windfall, Iran agreed to a temporary set of restrictions on its nuclear program that sunset after 10 and, in some cases, 15 years. But by allowing Iran a vast nuclear infrastructure and allowing Iran to reduce its breakout time to almost zero, the deal paved the way for Iran to have a bomb. And the deal's fundamentally flawed inspection regime allows Iran to block inspectors from accessing military sites, leaving the IAEA incapable of verifying if Iran is even complying with the deal. The agreement did nothing to stop Iran's ballistic missile program or its support for terrorism. Now Tehran is using the financial windfall from the deal to spread money to terrorists and insurgents throughout the Middle East. Iran and its Islamic Revolutionary Guard Corps are firing rockets into Israel, propping up the Assad government and its butchery in Syria, supporting anti-American Shiite militias in Iraq, bolstering Hezbollah to unprecedented levels of strength in Lebanon, arming Houthi rebels in Yemen, and backing the Taliban in Afghanistan. And thanks to Israeli intelligence revealed recently by Prime Minister Benjamin Netanyahu, we now know without question that the Iran deal was built on lies. As part of the deal, Iran's leaders promised never to build a nuclear weapon and to come clean to the IAEA about their past nuclear activities. Iran's Foreign Minister, Javad Zarif, said, Iran, quote, ``didn't have any program to develop nuclear weapons,'' and considered them, quote, ``both irrational as well as immoral,'' end quote. But the documents obtained by Israel proved that Iran had a nuclear weapons programs, that Iran brazenly lied by denying it. And then, even after entering the JCPOA, Iran kept a secret archive of tens of thousands of files on its nuclear weapons program. Now, when the Iran deal was first announced, President Obama's advisor, Ben Rhodes, drew on his MFA in writing to create a, quote, ``echo chamber of false narratives to try to sell the agreement.'' And in spite overwhelming evidence that the deal wasn't working and Iran was acting in bad faith, the foreign policy establishment and the enablers in the press are again spinning a web of deception to try to undermine President Trump's decision. They claim, his critics, that he, quote, violated the JCPOA by withdrawing. In reality, the Obama State Department admitted in a letter to then-Congressman Mike Pompeo that, quote, ``the JCPOA is not a treaty or an executive agreement and is not a signed document.'' The JCPOA reflects political commitments between Iran the P5+1 and the EU. The deal would never have been ratified as a binding treaty because it was opposed by bipartisan majorities of both the House and Senate, including Senator Chuck Schumer and the Democratic ranking members of the House Foreign Affairs Committee and Senate Foreign Relations Committee. The Iran deal was effectively of a nonbinding commitment between President Obama and Ayatollah Khamenei, which imposes no obligation upon a successor President to follow it. As Harvard's Jack Goldsmith writes, ``You don't get to make an enormously consequential international deal in the face of opposition from Congress,'' and from the public, I might add, ``and skirt the need for congressional consent by making the agreement nonbinding under domestic and international law and then complain about a subsequent withdrawal,'' end quote. President Trump's opponents claim his decision was reckless and leaves America isolated. The truth is that the administration conducted a lengthy review of the JCPOA, held extensive negotiations with European allies to try to correct its many flaws, and set a clear deadline for results. Now, Secretary Pompeo has presented a new strategy in which he specified the conditions for a new agreement, including a complete stop to uranium enrichment, a full accounting of past nuclear activity, unqualified access for IAEA inspectors, halting ballistic missile activity, ending support for terrorism, and releasing all hostages. The door remains open for Europe to work with the U.S. to reach a better deal that addresses these issues, but instead of reaping the spoils of the sanctions relief, Iran will now face unprecedented financial pressure from U.S. sanctions, and companies around the globe will have to decide whether they would rather do business with the world's biggest economy or the world's largest state sponsor of terrorism. In contrast to the narrative that withdrawing from the deal leaves America isolated, many countries in the Middle East strongly support President Trump's approach, including Israel, Saudi Arabia, the UAE, and Bahrain. They are the ones who are most at risk from Iranian misconduct. By ending U.S. participation in the Iran deal, President Trump demonstrated that American strength and leadership are back again. We should all be thankful that the President kept his word. He campaigned on this being a bad deal, said he would terminate it if they couldn't get better terms, and he followed through on that. And I would also like to point out, since I did these remarks, there has been reports about whether or not Iran was in fact able to access the U.S. financial system. That was supposed to be a no-go. We had testimony during the pendency and when the deal was agreed to from the Obama administration saying that that was not going to happen. This committee obviously is going to want to investigate what happened there because that is a really big deal. But I thank the witnesses for being here. I look forward to your testimony. And it is my pleasure, in lieu of my friend from Massachusetts, I recognize for his opening statement, my friend from Vermont, Mr. Lynch. Mr. Welch. Welch. Mr. DeSantis. Mr. Welch. I knew that. Mr. Welch. You were wishing. And we all are. We miss Congressman Lynch. But thank you, and I thank the witnesses. And, Mr. Chairman, thanks for having this very important hearing. And I just want to say at the outset, I listened very carefully to your statement, and I know that it reflects not just your views but the views of many people who oppose the agreement from the beginning. What I did not hear in your statement was what's next. What is the Trump plan? The President has not laid that out. And he is playing a game of very high stakes poker with American national security, with our relationships with our allies. President Trump's decision to withdraw from the Iran nuclear agreement, painstakingly negotiated with our best allies--the United Kingdom, France, Germany, and even China and Russia, who I wouldn't classify as our best friends; they are frenemies, in this case, but they cooperated with us to get this agreement--in my view and the views of many, undermines national security, and it inflames tensions in war zones like Syria Lebanon and Yemen. While the Iran nuclear agreement did not address many of the issues that you expressed and for which I share concern, it did address one. It required Iran to cease and desist from active development of nuclear weapons. That is a huge strategic achievement. Within the four corners of the document, its sole purpose was to ensure, quote, ``under no circumstances will Iran ever seek, develop, or acquire any nuclear weapons.'' And it did also set forth a system of third-party verification. This was no ``trust but verify.'' This was distrust, verify, distrust, verify immediately. Based on the robust on-the-ground inspections and verification regime mandated by the agreement, the IAEA has continually reported that Iran has abided by the significant constraints on its nuclear program. And I don't believe the President really challenged that. According to the IAEA's most recent monitoring report, Iran has refrained from producing or retaining uranium enriched at levels greater than 3.67 percent, far less than the approximately 90 percent enrichment level of weapons grade uranium and 20 percent level of the uranium that Iran had previously stockpiled. The IAEA has also verified that, in compliance with the agreement, there are no more than 5,060 centrifuges at Natanz fuel enrichment plant, and that is in accordance with Iran's commitment to dismantle two-thirds of the centrifuges to enrich uranium. So essentially we have got a situation here where all of the experts are in agreement that as far of the four corners of the verification program and compliance with the agreement, Iran has been in compliance. None other than Defense Secretary Mattis, widely respected on both sides of the aisle, testified before the Senate Armed Services Committee in April of this year that the Iran nuclear agreement, and I quote, ``is written almost with an assumption that Iran would try to cheat,'' that Iran would try to cheat. There is no trust on the side of the U.S. It is all about verification. So the verification, he said, what is in there, is actually pretty robust. If President Trump were to get a similar agreement and similar results in his meeting with North Korea's Kim Jong-un later this month, it would make the world safer. In my view, I hope he is successful. We will see. But based on his public position and statements, President Trump would likely walk away from such a deal. The U.S. withdrawal from the Iran nuclear deal has, in my view, and the view of many others, has made the world less safe and probably increased the likelihood of military conflict with Iran. Iran has indicated it will enhance its uranium enrichment capacity. And just yesterday, Iran's Atomic Energy Organization announced that Iran has completed a new centrifuge assembly center at the Natanz plant and would increase its capacity to produce uranium hexafluoride to supply its centrifuges. Our allies, France, Germany, and the United Kingdom are trying to uphold the Iran nuclear agreement without us, but they face the Hobson's Choice, as you said, Mr. Chairman. And the potential of U.S. sanctions has significant potential to hurt our closest allies. My view, not a good thing. In the meantime, the President has not provided the American people or Congress with any information suggesting he has a realistic plan to replace the Iran nuclear agreement that he just ripped up. And I will be very interested in hearing from the witnesses as to whether you are aware of a plan to proceed in the absence of the one we just ripped up. However, the words and actions of his closest advisors, President Trump's closest advisors, give us a clue as to the President's ultimate goal. And it is a fair question. Regime change. In January 2018, prior to becoming the President's National Security Advisor, Mr. Bolton, during an interview on FOX News, said that, quote, ``our goal should be regime change in Iran.'' That's what he said. On May 5th, just 3 days before the United States withdrew the Iran nuclear deal, Rudy Giuliani, the President's lawyer confirmed that the President is, quote, ``is as committed to regime change as we are.'' If regime change is the intended goal of the Trump administration, I will give them this: That is a clear policy. Reckless, but clear. Is that their policy? And I would be interested in hearing from witnesses as to your view on that. It's imperative that the administration change its direction and work with Congress, along with our European partners, to mitigate the very destabilizing consequences of our withdrawal from the Iran nuclear agreement. I thank the witnesses and look forward to your testimony. Thank you, Mr. Chairman. Mr. DeSantis. I thank the gentleman from Vermont. I am pleased to introduce our witnesses today. We have Rich Goldberg, senior advisor at the Foundation for Defense of Democracies. We've got David Albright, president of the Institute for Science and International Security; Michael Pregent, senior fellow at the Hudson Institute; Dr. Jim Walsh, senior research associate at MIT's Security Studies Program; and Dr. Michael Rubin, resident scholar at the American Enterprise Institute. Welcome to you all. Pursuant to committee rules, all witnesses will be sworn in before they testify. So if you can please rise and raise your right hand. Do you solemnly swear or affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God? Please be seated. All witnesses answered in the affirmative. In order to allow time for discussion, please limit your testimony for 5 minutes. Your entire written statement will be made a part of the record. As a reminder, the clock in front of you shows your remaining time. The light will turn yellow when you have 30 seconds left and red when your time is up. If you hear me banging this a little softly, that means wrap it up. Please also remember to press the button to turn on your microphone before speaking. And, with that, I will recognize Mr. Goldberg for 5 minutes. WITNESS STATEMENTS STATEMENT OF RICHARD GOLDBERG Mr. Goldberg. Mr. Chairman, Mr. Ranking Member thank you so much. It's a real honor to be here. It was just a few years ago that I was sitting behind the dais behind Members advising them on how to grill people like me, so go easy. I'll start off basically summarizing my initial remarks, and I would really like to get to recommendations. But I will say this. For many, many years, we worked in an incredibly bipartisan way to advance Iran policy in the Congress, in the House and the Senate. Bills moved in overwhelmingly bipartisan fashion to not only stop the pursuit of nuclear weapons by the Islamic Republic but to help the people of Iran pursue human rights, dignity, democracy inside their country, to ensure that Iran no longer was a state sponsor of terror, and to defend our allies from Iran's proliferation, from their missile development, and from their terrorism. The idea that this has become very partisan and that things that I might say or that others might say during the hearing become partisan is a more recent phenomenon. And it is my hope that, in this post-JCPOA environment, while it might take a little time, that we find ways to come together bipartisanly to move things forward for the good of the American people, for our country, and for our allies. As for the JCPOA, I would say that the JCPOA, the decision to move away from the Iran deal to withdraw by the President was both legally justified and necessary from a national security perspective. Legally justified. Mr. Chairman, you summarized it well. Many legal scholars at the time made it very clear that the JCPOA was a political commitment, not an executive agreement, certainly not a treaty. A political commitment is politically binding but not legally binding. This was confirmed just a couple weeks ago on a panel where Jake Sullivan was speaking, a former senior official during the previous administration and a key member of the negotiating team that led to the JCPOA. Now, some might say, well, that is true, but there was a U.N. Security Council resolution, 2231, that referenced the JCPOA and, therefore, made this international law, made this legally binding for the United States. That, again, is not true. If you really read the resolution, and this was noted at the time, again, by many legal scholars, I note in my testimony, it uses words like ``endorses,'' ``urges,'' ``calls upon.'' These are nonbinding words for the U.N. Security Council. Truly the only thing that was very proactive in one of its clauses, No. 27, it decides that as the council decides that the JCPOA is not a matter of international law. And so this is a political commitment. You might disagree with the decision of the President to withdraw, but from a legal perspective, domestically and internationally, this was simply a political commitment. And when we have a change in leadership in our democracy, many times we see a change in our policies. If you recall back in 2009 when President Obama in his first year in office decided to change our foreign policy, our national security policy, with respect to two European allies, Poland and the Czech Republic. Just the previous year, his predecessor, President Bush, had signed executive agreements with those two countries. Those two countries had staked their politics domestically and lot of their security risks on a strategy for missile defense in Europe. President Obama came in. His team had a different direction that he wanted to pursue, and they did so. They withdrew from an executive agreement, something that had carried more weight than the JCPOA. Now, at the time, Brussels wasn't screaming and protesting. There weren't EU Council resolutions deciding, how do we stop the Obama administration from changing the missile defense policy of Europe? There was outcry of Republicans in the Congress. I remember there were attempts in Appropriations and Armed Services to pass amendments to stop what President Obama was doing. The Republicans did not hold the majority at the time. Those efforts failed, and we moved on. And we moved on together, and together we have continued to do as best we can in bipartisan efforts on missile defense. From a national security perspective, the JCPOA failed in many ways, well beyond those that we talk about. We talked about the three elements that were the elements that the President was trying to negotiate with the E3, the so-called fix to the JCPOA. We talked about the fact that the agreement never covered ballistic missiles, the delivery systems to carry nuclear weapons. How do you have an agreement that is supposed to stop the advancement of a nuclear weapons program without covering ballistic missiles? We have talked about that ad nauseam. We talked about the sunsets. Mr. Chairman, you referenced them. Temporary restrictions on Iran's nuclear program. We gave away our toughest sanctions for, in some cases, temporary restrictions on the nuclear program. And, of course, as my colleague to the left of me will probably touch on--or could--he has written extensively on it, we have talked about the lack of inspections in military sites, the inability by the IAEA to verify Section T of the agreement that has to do with weaponization activities. Even though, as Mr. Ranking Member, you referenced, the IAEA would say that on the technical levels of some of the concessions that Iran made, Iran was in agreement with those, was in compliance, he could not say with confidence that the IAEA was capable of verifying Section T. That was an issue that Ambassador Haley had raised several times. But those three issues, though they were the bulk of what was being negotiated between the United States and the E3, that wasn't the fundamental flaw of the deal. The fundamental flaw was that we handcuffed ourselves from dealing in a nonmilitary way with all of the rest of Iran's illicit activities. The idea that we were allowed to impose nonnuclear sanctions, that nothing in the deal would prohibit us from imposing nonnuclear sanctions was a myth. Think about it. The banks that were helping Bashar al- Assad, loaned money, credit lines, never were we allowed to impose sanctions on them again. They were in Annex 2 of the JCPOA. Total immunity for Iranian banks to finance Bashar al- Assad. Total immunity for Iran to finance Hezbollah and continue the war in Syria. Total immunity for Iran to set up bases in Syria and Lebanon and to start converting rockets of Hezbollah into precision-guided munitions to target our allies in Israel. Total immunity to continue to arm the Houthis in Yemen with ballistic missiles that could target Saudi Arabia or even commercial merchant vessels that are transiting. This was really the fatal flaw. We handcuffed ourselves because to do any of these sort of nonnuclear sanctions to touch Annex 2, the Europeans would say, would drive the Iranians out of the deal. And so, in some ways, Mr. Ranking Member, I disagree with your statement. The JCPOA was making war more likely, not less. We had a limited our nonlethal options. We had taken our coercive economic options off the table. All we were left with was military deterrence. And that's why, leading up to the decision of the President, there were so many reports about the need to use military force in Syria, elsewhere, and beyond. I will say: I have a number of recommendations for the way ahead. I hope that we have time to discuss them today, Mr. Chairman. They have to do with the strategy which is threefold, political warfare, economic warfare, and strong military deterrence. And I hope we can do that in a bipartisan fashion. [Prepared statement of Mr. Goldberg follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. DeSantis. I thank the gentleman. Your time is expired. Mr. Albright, you are up for 5 minutes. STATEMENT OF DAVID ALBRIGHT Mr. Albright. Thank you, Chairman DeSantis and Ranking Member Welch and other members of the committee for holding this hearing and inviting me to testify. Although the administration in the E3, Germany and Britain and France, could not agree on a document to fix the deficiencies of the Iran nuclear deal, they did agree on many issues. Rather quickly in the negotiations, the E3 and the Trump administration reached agreements on the need for the IAEA to improve its inspections in Iran, particularly visiting military sites associated with past nuclear weapons work and centrifuge work and implementing Section T. The U.S. and the E3 also agreed that an Iranian ICBM is intrinsically tied to the nuclear deal, and its development would be sufficient to justify the reimposition of draconian sanctions by the U.S. and the European Union. However, as we all know, they could not agree on the sunset issue and how to structure the reimposition of sanctions if Iran augmented its enrichment program. However, the E3 did agree that the growth of Iran's enrichment program was a grave security threat. Overall, the negotiationshelped clarify many transatlantic areas of agreement on the future of the underlying issues of the JCPOA. The partial agreements can be a basis for ongoing collaborative work with Europe as the Trump administration builds its coalition against Iran's most threatening behaviors. One development that confirmed the E3 U.S. agreement on the need to improve inspections in Iran was Israel's dramatic revelation on April 30 about Iran's hidden nuclear weapons archive. The project, the work, the archive mostly focused on the AMAD Project and showed that it was indeed halted in 2003 or 2004, but it carried on. Iran carried on in a more research- oriented fashion afterwards aimed at eliminating scientific and engineering bottlenecks in developing nuclear weapons and increasing know-how about them. The new information makes the sunsets far deadlier, as the document show that Iran's nuclear weapons program is both more organized and more advanced than previously thought, allowing a faster dash to the bomb. What is new in the archive? I have had two briefings by Israeli intelligence officials as of today, certainly read the public information. I would like to just list some of the information that's new that was not known before. The number and kilotons of nuclear weapons sought by Iran, the specific amount of highly enriched uranium and nuclear explosives to that design: that information was not available to the IAEA previously. Blueprints for the production of all the components of nuclear weapons; the location of planned nuclear weapons test sites: there was some information on that, but it was more conceptual than concrete. Details about a second building at the Parchin site involved in high-explosive work related to nuclear weapons in an explosive chamber; it is called the Taleghan 2 site. Taleghan 1 is the site where we know well, where the explosive bunker is that the IAEA visited. Taleghan 2 has not been visited by the inspectors. There's much more detail about Iran's massive work on uranium metallurgy, including ample evidence of Iran having all the equipment for all the work needed in a nuclear weapon's uranium metallurgy program. The information also shows that Iran made all the uranium metal components with surrogate materials. Iran did do small scale uranium processing for a neutron initiator for a nuclear weapon. That was also not known. There is now direct evidence that the secret Fordow enrichment site, which was exposed in 2009, was being built to make weapon-grade uranium. There's an image of a device to assemble the central core of a nuclear explosive using a surrogate metal material, and the Netanyahu briefing showed an animation of that. Subsequently, the Israelis investigating the archive found a picture of the actual assembly device. There is additional equipment that Iran must potentially collar under Section T of the Iran nuclear deal, and I could go on. And I am only representing a small fraction of the information in there because much of the information would be considered highly classified and not subject to public release by myself or--and certainly not by the Israelis. And so the new information adds most of the missing pieces to the puzzle of Iran's past nuclear weapons program and raises troubling assessments about Iran's intention to use this archive to build nuclear weapons in the future. The conditions of the existence of this archive and the extent of the information in it suggests that Iran has been violating the JCPOA and the spirit of the Nuclear Non- Proliferation Treaty. Under the NPT, Iran should be rigorously challenged why it possesses and maintains such an archive while simultaneously refusing to allow the IAEA to visit military sites and personnel named in the archive. The new information makes it more urgent to fix IAEA inspections in Iran even if the JCPOA falters. Iran is a still of a signatory to the nonproliferation treaty and its comprehensive safeguards agreement requires Iran to cooperate with the IAEA over determining whether its program is purely peaceful. The United States should work with its allies, and I think they would find willing partners in Europe, to raise the issue of Iran's past and possibly ongoing nuclear weapons program at the IAEA Board of Governors. The new information argues for putting much more pressure on Iran to allow the IAEA to do its job under both the JCPOA and the comprehensive safeguards agreement. If Iran refuses, then the JCPOA should be discarded by all and the world should unite and return to a pressure campaign, including the reimposition of all sanctions. Thank you. I am sorry for going over. [Prepared statement of Mr. Albright follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. DeSantis. I thank the gentleman. The chair now recognizes Mr. Pregent for 5 minutes. STATEMENT OF MICHAEL PREGENT Mr. Pregent. Thank you. Chairman DeSantis, Ranking Member Welch, and distinguished members of the Subcommittee on National Security. On behalf of the Hudson Institute, I am honored to testify before you today. I just want to say upfront, there would be an Iran deal in place today if the Iranian regime wasn't so blatant in its violations of existing U.N. Security Council resolutions, violations fueled by the JCPOA. There would still be an Iran deal in place today if the regime hadn't continued and accelerated its illegal ballistic missile program, a violation of existing U.N. Security Council Resolutions. There would still be an Iran deal in place if the regime didn't use commercial aircraft to deploy Islamic Revolutionary Guard Corps Quds Force advisors in its militias to Syria, another violation of existing U.N. Security Council Resolutions. There would still be an Iran deal in place today if the regime stopped providing funds and lethal aid to Hamas, the Houthis, and Hezbollah--again, a violation. There would still be an Iran deal in place today if the regime hadn't empowered and increased the lethal and financial aid to existing IRGC Quds Force militias and created new ones that threaten Americans in Iraq and Syria. The regime's maligned activities are the reason the JCPOA is no longer in place. The regime's actions continuously demonstrated a willingness to cheat out in the open on existing U.N. Security Council resolutions while defenders of the regime and defenders of the Iran deal said they were complying in the shadows with the JCPOA. We would have to believe that the regime is good when no one is looking and somehow dismiss its cheating behavior on the international stage and disregard it as an indicator of the regime's actual intentions. Critics will argue that the Iran deal was not meant to curb Iran's regional destabilizing activities and that it was simply an arms control agreement. The problem with that argument is Iran saw the Iran deal as a vehicle to reactivate its destabilizing terror logistics and operations networks. The JCPOA giveaways and Annex 2, that Rich mentioned, enabled, fueled, and allowed the regime to accelerate its destabilizing activities. Annex 2 delisted banks that fund terrorism. Annex 2 delisted shipping lines that moved weapons to terrorist organizations. Annex 2 delisted Qasem Soleimani and other individuals that train, arm, and direct terrorist groups and build new terrorist organizations. Critics of the JCPOA were not surprised to see the regime step up its destabilizing activities. All you had to do was look at Annex 2 and see what the regime asked for and received. The regime saw the Iran deal as a way to fuel its regional destabilizing strategy, become an economic powerhouse, become the premier conventional military threat in the Middle East, and, at the end of the sunset clauses, become a weaponized nuclear power. Critics argue that walking away from the Iran deal would cause Iran to increase its destabilizing activities and rush to a bomb. Not only did the regime increase its activities under the protections of the Iran deal, it expanded its reach into Lebanon, Bahrain, Yemen, and cemented its reach and influence in Iraq and Syria. Iran has been doing for years what critics say the regime will do if the U.S. walked away from the JCPOA. Iran became more dangerous under the protections of the JCPOA. Since the implementation of the JCPOA, the IRGC Quds Force has amassed upwards of 50,000 militia members in Syria, from Lebanon, Iraq, and Afghanistan. They are there at the direction of the IRGC Quds Force to shore up Assad and threaten and U.S. and Israel. Iran has increased Hezbollah's capability to target Israel with more advanced and precision-guided rockets and missiles. Hezbollah is now operating at the brigade level. They are able to do combined operations in this theater because of the IRGC Quds Force. The IRGC Quds Force along with Lebanese Hezbollah have introduced lethal capabilities to the Houthis in Yemen that threaten international shipping lanes and Saudi Arabia with missile and rocket attacks. Iran has increased funding and lethal capability of IRGC Quds Force militias that have killed Americans in the past and pledged to do so again. Since the implementation of the JCPOA in 2015, the IRGC Quds Force has created additional militias, ones that are being sanctioned now by the House and by the Senate, Kataib Imam Ali and Harakat Nujaba. The IRGC has increased lethal aid to the Taliban in Afghanistan and is behind fomenting the internal sectarian divisions with U.S. Arab allies. The IRGC is fomenting sectarian strife in the Shia enclaves of Saudi Arabia and Bahrain. And if Iran rushes to a bomb, they lose Europe; they lose Russia; they simply lose. Russia will not tolerate a nuclear regime on its border. The U.S., Israel, and our Sunni regional allies will not allow Iran to rush to the bomb. But wait. In the preamble of the JCPOA, you have to go down three sections, and you will see this promise by Iran. Iran reaffirms that under no circumstances will Iran ever seek, develop, or acquire any nuclear weapon. So, basically, you just have to go to the preamble, three references down, to see that Iran deal itself was based on a lie. Iran's currency has lost 60 percent of its value since 2015 in the JCPOA because they squandered the windfall of cash to promote destabilizing activities instead of focusing on its economy. Critics argue that Europe will pick Iran over the United States. Every day, we see European banks and businesses withdrawing from deals with the regime. Itis simple. They are picking the $20 trillion economy over a shrinking $400 billion economy. Iran is now asking for more concessions and promises of investment from Europe to no avail, without making any concessions on its ballistic missiles, sunset clauses and adventurism. [Prepared statement of Mr. Pregent follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. DeSantis. We'll let you put that for the record. We are just running over, so I want to make sure we get everyone in. So thanks for that and we'll---- Mr. Pregent. Sure, sure, sure. Mr. DeSantis. So, Dr. Walsh, 5 minutes. STATEMENT OF JIM WALSH, PH.D. Mr. Walsh. Thank you. Mr. Chairman, Mr. Ranking Member, and members of the committee, it is an honor to appear again before your committee. In written testimony, I address a number of different issues, including the ones raised by my colleagues. But in oral testimony, I want to focus on the negative consequences of violating the agreement for U.S. national security and America's standing in the world. My summary judgment is the JCPOA successfully address the single most important American national security interest in the Gulf, namely preventing Iran from acquiring nuclear weapons. By violating the agreement and having no real strategy to replace it, the administration has increased the risk of nuclear proliferation in the Middle East, raised the probability of military conflict between the U.S. and Iran, undermined America's single most important national security alliance, and likely worsened the very problems the administration said it was trying to solve. Iran's regional activities, its ballistic program, missile program, et cetera. There are good reasons why Secretary of Defense Mattis and CENTCOM Commander Votel, who is responsible for Iran in that region, men who may have to respond to what happens next, have both argued for staying in the JCPOA as have Chairman Royce and Chairman Thornberry. Number one, the decision was poorly thought out, leaving the U.S. no strategy and unprepared for what would come next. British Foreign Secretary Johnson lamented that, quote, ``plan B does not seem well developed at this stage.'' He said that the day before the President's announcement. For his part, the President admitted that if he were the Iranians, he probably wouldn't negotiate with the U.S. under these circumstances. That was President Trump who said that in his announcement. The U.S. has gone from being part of the strongest multilateral nonproliferation agreement in nuclear history to no strategy, few friends, no timetable for achieving objectives, and Iran now free to advance its civilian nuclear program. Indeed, more than one observer has suggested that scuttling the JCPOA would, quote, ``mainly help Iran.'' Number two, it increases the risk of war and proliferation in the Middle East. By attacking the JCPOA, the administration has both improved Iran's capability to pursue nuclear weapons by removing restrictions and has created conditions that might very well lead to that outcome. The President's decision has allowed Iran out of its nuclear box, and now threatening Iran making demands that no country would ever agree to and loose talk that sounds like regime change increases the pressure on Iran to consider its nuclear options, the very opposite of what is in U.S. national security interest. Now, if Iran begins taking steps, reintroducing centrifuges, reducing IAEA access, there would be an immediate public outcry. And many of those who advocating ditching the JCPOA will be the very same people demanding military action, despite the fact that it was their policies that got us here in the first place. Number there, undermines European alliances. Americans fought and died in World War I and World War II, wars that resulted in millions of deaths and the destruction of Europe. Coming out of the ashes of World War II, the Atlantic and European alliances have been the single most important instrument for America's national security. The administration not only ignored requests of our allies to stay in the JCPOA, it is now threatening sanctions against European firms if they continue to abide by the agreement. Let me repeat that. The United States of America is threatening to punish our European allies if they refuse to violate the agreement. There was a time when America was the leader of the free world. Leadership is when you take action and are followed by others who share your views and have confidence in your leadership. Leadership is not walking away from commitments and then threatening your friends if they don't do the same. Not a single country followed us out of the JCPOA, not one. That is not leadership. That is not making America great. That is making America isolated. Number four, the problems of Iranian military spending, ballistic missiles, regional activities, human rights will be worse, not better, as a result of this decision. Will Iran, in the aftermath of U.S. actions, feel more threatened or less threatened? It would seem likely that it will feel more threatened for the reasons discussed above. That appears to be the President's objective. Now research and scholarship and security studies would predict that, on average, as countries feel more threatened, they are more likely, not less likely, to spend money on their military and to develop weapons like missiles. They are more likely, not less likely, to hold their allies close in anticipation of a conflict and more likely to undermine their adversaries to prepare for coming conflict. Mr. Chairman, Ranking Member, and members of the committee, I want to thank you again for the opportunity to appear before you on a topic of utmost importance for U.S. national security and the security of our friends and allies. The JCPOA was a singular nonproliferation achievement that was years in the making. In 1 day, the President has undercut it. Letting Iran out of its nuclear box and setting off a series of events that could bring war and nuclear proliferation to a region that needs neither. These developments will pose new challenges for America's national security, and the American people will hold Congress accountable for those results. I remain committed to working with you to protect the American people and our friends abroad. I look forward to conversations about those dangers and challenges that lie ahead. Thank you. [Prepared statement of Mr. Walsh follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. DeSantis. I thank the gentleman. Dr.Rubin, 5 minutes. STATEMENT OF MICHAEL RUBIN, PH.D. Mr. Rubin. Chairman DeSantis, Ranking Member Welch, honorable members, thank you for the opportunity to testify. My written testimony goes into considerable detail, but in the interest of time, let me just highlight a few points. One, the JCPOA considerably eroded counterproliferation precedent set by both South Africa and Libya. Two, while some might argue that sunset clauses exists in some other treaties, what makes the JCPOA different is that it left Iran with an industrial scale nuclear program and more centrifuges at its disposal than Pakistan had when it built, not a bomb, by an arsenal. Three, what Hassan Rouhani has said in Persian about motivation and strategy contradicts what Iranian diplomats often say in English. I should also note that it was during the so-called dialogue of civilization that Iran built the covert aspects and worked on a nuclear warhead design, not at a time when it was under threat. And this is something which Hassan Rouhani openly bragged about in Persian. The JCPOA was never meant to be a get-out-of-jail-free card on other Iranian malfeasance. It is a sense of impunity in Tehran that has sparked Iranian aggression and heightened the risk of war.There are three major components to a nuclear weapons program: enrichment, warhead design, and delivery. U.N. Security Council Resolution 2231 reversed precedent on ballistic missiles. It is imperative that the United States stop that program. The precedent for unilateral and extraterritorial sanctions was set by the Clinton administration in multiple executive orders and by Congress with the Iran-Libya Sanctions Act. The same ``sky is falling'' arguments were voiced then as now, and, happily, they are just as false. As I detail in my written testimony, there are cases where Iran succumbed to pressure to cease rogue behavior. There is no reason the goals outlined by Secretary of State Pompeo should not be embraced in a bipartisan fashion. There is no reason to rationalize Iranian terrorism or regional aggression, for example. The JCPOA unleashed a cascade of proliferation as regional states recognize that the agreement did not achieve its stated goals. It is counterfactual to argue that withdrawal from the JCPOA is what motivates Saudi Arabia to pursue a nuclear option. It is silly and an affront to the constitutional process to suggest that the JCPOA is a treaty. Don't trust me on that. Julia Frifield, Assistant Secretary of State for Legislative Affairs under Secretary of State John Kerry, said it was unsigned, and I quote, ``neither a treaty nor an executive agreement.'' To suggest any U.N. Security Council Resolution becomes a treaty equal to Senate ratification is dangerous given the tendency of the U.N. to indulge in the base's anti-Americanism. Look, democracy is the best system out there, but the democratic process can be messy. It is misanalysis to fail to understand in a system like Israel's that some people are motivated by personal animus towards Israel's leaders and their own internal partisan battles, nor is it wise to assume that every person who has held a position is qualified to end debate. Take for example Danny Yatom. His tenure at Mossad ended in 2001. Likewise, when I lived in Iran, the Iranian press constantly brought up former U.S. Attorney General Ramsey Clark's condemnation of U.S. policies. That he was a former high-level official didn't necessarily imbue him with great expert judgment. Here is the point. We can debate whether or not Trump should have walked away from the JCPOA, but regardless, whether he did so or not, it would have been necessary to focus on the future and develop a strategy that confronts the challenge that Iran still poses on a number of fronts and fill the loopholes left by the JCPOA. The U.S. should not get sucked into a Riyadh versus Tehran debate but rather should counter the ideological export of extremism, whether it comes in a Sunni form or whether it comes in a Shiite form. I should note, however, that the problem here is that both the Iranian constitution and the founding statutes of the Islamic Revolutionary Guard Corps define the purpose of Iran to export revolution, which in a very public debate in Persian back in 2008 was concluded to mean a more violent kinetic aspect as opposed to a soft power aspect of export of resolution. Basically, it meant supporting terrorist groups. Now, when it comes to recommendations, I outline these in considerable detail as to a broader strategy. And any strategy should have diplomatic, informational, military, and economic components. But in addition to some of the technical issues in the JCPOA, we could do much more, for example, to support independent trade union movements inside Iran. I do think the Bush administration missed a Lech Walesa moment back in 2005 when Iranian bus drivers created the first independent trade union there. We could also invest a great deal in anticensorship technologies which Tiananmen Square refugees have created, and we can remove U.S. aircraft carriers from the Persian Gulf to make them invulnerable to Iranian swarming small boats while at the same time maintaining the ability to reach out at Iran should they engage in hostile behavior. And, with that, let me thank you. [Prepared statement of Mr. Rubin follows:] [GRAPHICS NOT AVAILABLE IN TIFF FORMAT] Mr. DeSantis. I thank the gentleman. The chair now recognizes himself for 5 minutes. Is there any disagreement, I mean other--maybe, perhaps Dr.Walsh, but the rest of the witnesses, do you all agree that, regardless of whether you think the President should have withdrawn or not, that it was not binding on him. It was not a treaty. It was not U.S. law and effectively it was a political agreement that he could withdraw from, correct? Mr. Rubin. Yes. Mr. DeSantis. You don't believe that Dr.Walsh? You think it was binding? Mr. Walsh. I don't think it was binding. I think---- Mr. DeSantis. You said he violated it. So the question is, and I know you believe that it was good policy to stay in it, but do you have a qualm with us saying: Look, he had a right to do it. We live in a representative government. We have a treaty provision. We have executive agreements that could be read. That choice was not taken. And when you live by that sword, you die by that sword. Mr. Walsh. First, Mr. Chairman, let me say that, when I testified last time, I hope you got the message I passed on to your staff, which I very much appreciated in these difficult times how I was treated in our last hearing. Mr. DeSantis. Oh, sure. Mr. Walsh. And we really looked forward to returning. I would say a couple of things very briefly. If you ignore the U.N. Security Council Resolution part about that, and we can have a legal argument about that, if we ignore that part, which I am willing to do, I would say, sure, there's a difference between a treaty and a political agreement, but we have done a lot. You know, PSI was a similar agreement. Mr. DeSantis. Well, look, I get that. And I am going to probe you a little bit about that, but I just want to lay that out there because there was a lot of criticism saying: Oh, my gosh, we are violating an agreement. It was not an agreement that was binding. We had that debate in Congress. It should have been submitted as treaty. At a minimum, it should have been an executive agreement, and it wasn't. Let me ask you this, Dr.Walsh: You've made the claim that the withdrawal increases the likelihood of proliferation. Why, though, do you think that the people in the region were so opposed to the deal--Saudi Arabia, the Emirates, the Israelis-- and that they cheered the President because I think that they want to see more tougher economic sanctions? They think that will make Iran less able to dominate the region. So I know the Europeans, I think your point is well taken. Obviously, they agree with you. Mr. Walsh. Yes. Mr. DeSantis. But how would you respond to the people in the Middle East, in that neighborhood---- Mr. Walsh. Yes. Mr. DeSantis. --who think it was a bad deal and are glad the President took the action they took. Mr. Walsh. Well, first of all, I would disagree, not all the Emirates. And, secondly, I think there are more countries in the region than Israel and Saudi Arabia, although that's what we tend to pay attention to. I think, clearly, Saudi Arabia is in a death struggle with Iran. There is this giant rivalry, and obviously, the same thing is going on with, you know, there's a big rivalry there with Israel. Those countries wanted sanctions. They didn't care as much about the nuclear issue as weakening Iran, making it as weak as possible and as vulnerable as possible. And I understand that it is a strategy, but the other states in the region, Europe, us, the rest of the world, the international community, all thought it would be--despite Israel's and Saudi Arabia's problems with Iran but taking a larger view--it is not about whether they are sanctioned or not sanctioned; it is about whether they have a nuclear weapon or not. That is obviously-- -- Mr. DeSantis. I think they all care about that, obviously. Well, Dr. Rubin, the Middle Eastern countries, can you speak to their view of this deal and their view of the President's action? Mr. Rubin. Without exception, or let me say, every moderate regime or U.S. ally was very much opposed to the Joint Conference Plan of Action. They very much resented that they were not consulted to give their expertise on closing some of the loopholes. That was a missed opportunity on the part of the previous administration. There were regimes out there, for example, the Syrian regime of Bashar al-Assad, which was much more interested and much more favorable to the JCPOA, as was some of the more harder line Shiite elements inside the Iraqi Government. Mr. DeSantis. Mr. Goldberg, my friend from Vermont mentioned, you know, like regime change as if--I mean, I don't think--I have not heard anyone say: Go in there and forcibly remove the Iranian regime. On the other hand, there are vast swaths of Iranian society that are dissatisfied with living under an Islamist tyranny. And those are people, I think, that are probably pro-Western and that are people that we should have common cause with. So dealing with the sanctions element, cutting off the money but then trying to empower, whether it's through social networks or other things, those people, isn't that a good policy? I mean, don't we want this regime to being weakened? It is not representative of the society. And there are people there that are trying to stand up to it, and we should have their back. Mr. Goldberg. Mr. Chairman, it's not just good policy; it is U.S. policy, as voted on by bipartisan majorities in both Chambers over many years. We have legislation in law. We have sense of Congress language. We have sanctions for these issues. We have funding for these issues in the Appropriations Committees. This has been our policy. The term regime change has become a loaded political term. Let's just get that out of the way. We know that. This is in a post-Iraq war environment, and the words ``regime change'' are try to get some sort of gotcha moment of, do you want to invade? Do you want this to be like the war in Iraq? There is no one, I believe, on this panel and certainly in the administration, who is coming anywhere near such a policy. That is not the policy. We need to look more sort of a Cold War era policy. What was the Reagan administration's victory policy, rollback policy towards the Soviets? We definitely wanted behavioral change. We wanted to roll them back throughout the world. We want to see the same sort of behavioral change out of this regime, but we will also benefit greatly if one day internally, peacefully, the people of Iran, people who are out in the streets, the people who are screaming out for freedom for some sort of government that represents them, that makes their lives better, the government that doesn't spend money in Syria or Yemen but spends money on them to get them jobs and higher incomes. If that happens peacefully through our policies, that's great; that's good for U.S. Mr. DeSantis. My time is expired. Let me wave in, I would like to recognize Mr. Zeldin and Mr. Donovan, both of New York. And I ask unanimous consent that, though they're not on the committee, that they be able to participate in the proceedings. And, without objection, so ordered. And it is now my pleasure to recognize my friend from Vermont, Mr. Welch, for 5 minutes. Mr. Welch. Mr. Goldberg, let me just start with you on this question of getting this regime change issue off the table because no one seriously is talking about that. Have you ever heard of Josh Bolton? Mr. Goldberg. Josh Bolton? Mr. Welch. Or Mr. Bolton. What is his name? Mr. Goldberg. John or Josh? Mr. Welch. John, John. Mr. Goldberg. The former chief of staff for the White House or the National Security Advisor--John Bolton, yes. Mr. Welch. And on FOX News, he said that our goal should be regime change in Iran. Should I take him seriously or you seriously? Mr. Goldberg. Again---- Mr. Welch. No, this is a serious question. Mr. Goldberg. No, it is a very---- Mr. Welch. You just waved it away. He is the National Security Advisor for the President. He said to the American people that our goal should be regime change in Iran. Now, you just want to blow him away and say that he didn't mean it. Mr. Goldberg. No, Congressman I would say multiple things in response. Mr. Welch. All right. What about Rudy Giuliani? Mr. Goldberg. Did you want a response? Mr. Welch. Look, I am asking you to respond whether we should take Mr. Bolton and now Mr. Giuliani seriously. Mr. Giuliani said that the President is as committed to regime change as we are. Do I take Mr. Giuliani seriously? Mr. Goldberg. Congressman, are you for repression of the Iranian people? Yes or no? No, I am asking a serious question. Are you for the repression and torture of people---- Mr. Welch. There is no one in this Congress, no one in this country that condones repression anywhere by any dictator in any country. And you know that. I am asking the questions here. Rudy Giuliani or Goldberg? Who do we listen to about regime change? And you don't have to answer it because---- Mr. Goldberg. I would listen to the President of the United States---- Mr. Welch. Let me ask---- Mr. Goldberg. --Secretary Pompeo and those who are empowered by the President right now. Mr. Welch. All right. Now does anyone seriously think that trust on the American side of Iran had anything to do with this agreement, that President Obama or Secretary Kerry, quote, ``trusted the Iranians''? Or do they believe that Secretary Mattis was right, that there was no basis for trust? That is why there had to be very strong verifiable inspections. Anyone disagree with that? Mr. Rubin. I disagree. Mr. Pregent. I disagree. Mr. Welch. All right. So you disagree, Mr. Albright and Mr. Pregent, you disagree? Mr. Pregent. Yes, sir. Mr. Welch. So you think this is based on trust? Mr. Rubin. I can cite President Obama on this. Mr. Welch. Sir, I am just asking---- Mr. Albright. I disagree that if President Obama did that, he--one of the problems in the JCPOA that developed was the Obama administration became an advocate for Iranian noncompliance. They would try to---- Mr. Welch. Mr. Albright, here is the question: There is nobody here--and I was in favor of all of the Iranian sanctions, by the way, all of the Iranian sanctions, and I was in favor of this agreement, not that it was perfect, but it got rid of the nuclear weapons. Let me ask you a question about this: Under the agreement that has been now torn up, Iran has the choice to resume its nuclear activities. Let me ask this question: What is the option for the United States should Iran aggressively restart its activities towards building a nuclear weapon? Who on the panel would favor the use of military action at that point? Just raise your hands. You would. Mr. Pregent. Absolutely. Mr. Welch. Dr. Rubin? Mr. Rubin. As I detail in my written testimony, there are episodes of overwhelming pressure that have caused Iran to back down. That's what led to the release of the hostages in 1981. That's what led to the end of the Iran-Iraq war. I will let history be the precedent on this, Mr. Ranking Member. Mr. Welch. The President--let me just finish a minute. The President has tweeted that it's time for change in Iran, and the Secretary of State wrote that Congress must act to change the Iranian behavior and, ultimately, the Iranian regime. And you, Dr.Rubin, I understand have written that regime change is the only strategy short of military strikes that will deny Iran a nuclear bomb. So this question about what the implications are of a torn up deal are not idle questions. They are real. We are heading in a different direction. That is what's happening. Mr. Rubin. Are you---- Mr. Welch. Now, here is the other question. I understand you think assassination is a tool as well, in your writing, and you were for that before it became, quote---- Mr. Rubin. That's woefully imprecise to what I said, Mr. Ranking Member. Would you care to say? I know the article you are referring to. Would you like to specify a specific example? Mr. Welch. My time is running out. Mr. Rubin. Okay. Then be accurate. Mr. Welch. Let me ask this question. I know many of you have recommendations about what our policy should be. Do any of you know what our policy is? Mr. Goldberg. Yes. Mr. Welch. And it is what? Where is it? How come I don't know? How come the chairman doesn't know? Mr. Walsh. Mr. Ranking Member, I have heard most of my colleagues talk about why they don't like Iran and why don't they like the deal. That is fine. I am sympathetic to many of the things they say. I have not heard anyone talk about the fact that we don't have a strategy and that this puts us on a path to warfare, either by design, regime change, or we back into it as we respond to them beginning to reinstall their nuclear program. I would like to hear a lot more from my friends about how we will deal with that in the future because that is what General Mattis, that is what General Votel and the others fear and have to prepare for. And talking about why I don't like Iran isn't really going to get us anywhere. Mr. Welch. That is a straw man. Mr. Walsh. By the way, and on this issue of the Iranians, who everyone professes such great concern for, the Iranian people are not happy with us. Muslim ban, number one. Number two, a poll came out last month that asked the Iranian people--this was a private poll, not a government poll--how should we respond to the U.S. pulling out? This was a prospective poll. Sixty-seven percent of the Iranians said that Iran should retaliate? Why? Because they are rallying around their flag. They may not like the corruption. They may not like the economy, but if you threaten to attack their country, we are going to help the hardliners. We are not going to strike a blow for democracy. Mr. DeSantis. The gentleman's time---- Mr. Welch. I thank the witnesses, and I yield back. Thank you, Mr. Chairman. Mr. DeSantis. The chair now recognizes the vice chairman of the subcommittee, Mr. Russell, for 5 minutes. Mr. Russell. Thank you, Mr. Chairman. And thank you to the witnesses for being here today. Shortly after the Iran deal was concluded, President Obama, his administration, made repeated statements that Iran would be, quote, ``denied access to the world's largest financial and economic markets,'' end quote. Secretary of the Treasury Jack Lew reinforced this policy. Another Treasury official had stated that Iran would be, quote, ``unable to deal in the world's most important currencies.'' That was Adam Szubin. Earlier today, America learned through a Senate investigation that President Obama's administration issued a license to deal in U.S. currency conversion of Omani rials at a bank in Muscat, that they could convert these billions of rials into billions of dollars and then euros, giving blanket access and providing key Iranian flow of funds that could be used for funding extremism and other troubling activity. Fortunately, no U.S. bank wished to comply with such an authorization. They were fearing fallout, not only in the financial industry, but they were fearing violation of current U.S. sanctions law. I guess my question, as we debate this handshake agreement, that was not an agreement with the American people--it was not done through a treaty; it was not done through consent of Congress when we had bipartisan and overwhelming resistance to the Iran deal--I guess my question would be this: First, to Dr.Walsh, a series of basic questions to frame up activity of Iran, I think, is important here. Should we curtail proliferation of terrorism or promote it? Mr. Walsh. Well, considering, Mr. Vice Chair, that I have spent virtually all my professional career working to prevent the spread of nuclear weapons and to undermine terrorism, I think my answer is pretty obvious on that one. Mr. Russell. Well, I am guessing, then, by your answer, it would be to curtail it then. Mr. Walsh. Absolutely. Mr. Russell. And having been a soldier most of my life and seeing Iran kill United States soldiers, including some of my colleagues, I would be in agreement. Mr. Walsh. As to General Mattis, who was CENTCOM Commander during that period and General Votel---- Mr. Russell. But should we encourage nuclear cooperation with North Korea and Iran, or should we curtail that? Mr. Walsh. To my knowledge, and I have testified before the Congress on this, there was missile cooperation between North Korea and Iran, but not nuclear cooperation. There are lots of media reports, but the DNI has never said it. The IAEA has never said it. Congressional Research Services never said it. And I was unable in a survey of 1,000 media stories---- Mr. Russell. Well, should we encourage this cooperation or deny it? We do know that---- Mr. Walsh. What cooperation I guess is what I am saying? Mr. Russell. --North Korea, Iran, and Syria, I think that there is overwhelming evidence that there was cooperation, not only missile technology---- Mr. Walsh. Nuclear, nuclear cooperation. Mr. Russell. Sure, we can talk offline. Should we strengthen the ability of the Iranian Republican Guard Corps to destabilize Iran's neighbors, or should we curtail that? Mr. Walsh. Absolutely curtail that. Mr. Russell. Absolutely. Despite Section 2, which had, by the way, 52 players that I identified and put on a deck of cards, and we were able to work with President Obama's Treasury administration to restore some of these back to the sanctions list. However, listening to all of the pundits for this agreement, they stated that there was no problem giving Soleimani and many of these industries and others sanctions relief. Mr. Walsh. Well, the intelligence community has said that sanctions relief did not go in large measure to the---- Mr. Russell. Oh, we know that they used it for peaceful purposes. My last question would be---- Mr. Walsh. Well, that wasn't my point but---- Mr. Russell. --should we waive international and national financial standards on monetary exchange regarding these sanctions? Or should we maintain the strength of sanctions rather than creating the licenses to undermine financial markets? Mr. Walsh. Here is what I think: I think, of all the things you listed, only one is the most important. It is called the priority. That's denying Iran the ability to acquire a nuclear weapon. Mr. Russell. I see. So and all of the other things notwithstanding, we should undermine the credibility and our record on human rights. We should undermine the credibility of the United States when it comes to standing up for other people. We should undermine our allies. And worse, we should undermine American soldiers who had continued to---- Mr. Walsh. Well, we are undermining allies now. Mr. Russell. If I may, reclaiming my time. One thing is crystal clear. When you make an agreement that the American people are overwhelmingly against--we are talking 60 percent plus. How I do know this? Just by numbers on the board through elected Representatives in Congress. This was a bad deal. It made us less secure, and we hear testimony after testimony with our neighbors, our allies and others, and yet we are led to believe that we are making the world less secure. Having the United States' credibility undermined makes the world less secure. Mr. Walsh. Which is what---- Mr. Russell. I am sorry. I am out of time. And thank you, Mr. Chairman. Mr. DeSantis. The gentleman's time is expired. The chair now recognizes the gentleman from Georgia, Mr. Hice, for 5 minutes. Mr. Hice. Thank you, Mr. Chairman. And I would like to associate myself with your remarks earlier. I completely agree that President Trump made the right decision in this. The Iran deal was flawed from the start. We needed a better agreement in 2015. We need a stronger agreement now. And we cannot idly sit by while Iran continues to build up its ballistic missiles and all the things that you have mentioned here today. Dr. Rubin, let me start with you with this. What kind of threat does Hezbollah and the Islamic Revolutionary Guard pose to Israel? Mr. Rubin. It poses an overwhelming threat. The deputy secretary of Hezbollah has said that he welcomes the opportunity for all the Jews in the world to relocate to Israel because it would save them the trouble of hunting them down and killing them elsewhere. Mr. Hice. All right. So we have a serious threat. What can the U.S. do to support Israel against this threat? Mr. Rubin. The Iranian strategy, as voiced by the Islamic Revolutionary Guard Corps, tried to overwhelm Israel missile defenses just by sheer number of the missiles, which are in Hezbollah or perhaps Hamas' hands. The preventive action would be to continue to support the interdiction of any missiles or missile parts. When it came to the aircraft deal, I should note that Iran, if you calculate the number of seats that Iran Air has and you compare it to the Boeing and Airbus deal, Airbus and Boeing were prepared to give Iran more than three times the annual capacity of Iranian flights putting them on scale of Qatar airlines or Korean Air. So, clearly, it wasn't in that case about passenger safety, which is why encouraging companies to scale back aid which could go to the Islamic Revolutionary Guard Corps is wise if our goal is to constrain the Islamic Revolutionary Guard Corps. Mr. Hice. All right. You mentioned the air. What about the naval aggression of Iran? What should be our role there? Mr. Rubin. With regard to the naval aggression, our presence matters. Now, I differentiate between our presence in general and our aircraft carrier presence, but when President Obama, for very good reasons, talked about a pivot to Asia, what many people in the Persian Gulf heard was a pivot away from us. And so, psychologically, there is a sense of abandonment among some of our GCC allies. Now, the reason I talk about taking aircraft carriers and pushing them more into the Arabian Sea is just to neutralize the threat posed by Iranian small boat swarming tactics where we can reach them from the Arabian Sea; they can't retaliate against us. Mr. Hice. So a stronger presence, be it our carriers or whatever, am I hearing you saying that would be a change from the Obama administration's approach? Mr. Rubin. Between 2003 and 2011, we had on average one carrier strike group in the Persian Gulf. I am sorry, between 1991 and 2003, we had one. Between 2003 and 2011, we had, on average, two. What I am saying is we should continue with the destroyers and cruisers and amphibian LHDs in the Persian Gulf, but the aircraft carrier should remain outside. Mr. Hice. Mr. Goldberg, let me go to you. In your written testimony, you describe a maximum pressure strategy using multiple lines of effort there. What further sanctions do we need, in your opinion, and how do we know that these sanctions, financial sanctions, are working. Mr. Goldberg. Well, I appreciate the question, Congressman. And thank you all for your leadership on this in the past. It is going to be very important for this subcommittee and for other Members to conduct oversight over our enforcement to make sure that we actually do have a maximum pressure campaign that succeeds. We need to measure this by the liquidity crisis in Iran, the access of the regime to cash to hard dollars to hard euros. What we saw in the lead-up to the JCPOA, really the lead-up to the JPOA deal, the interim deal, was that, under the central bank sanctions, the disconnection of Iranian banks from the SWIFT, the sectorial sanctions that Congress enacted, we saw enormous pressure and stress of the regime, a balance of payments crisis emerging and a liquidity crisis. Because the mullahs have so mishandled their economy, even under the sanctions relief provided by the JCPOA, the economy is already in crisis. Really, the timing of the reimposition of sanctions for a maximum measure campaign couldn't be better. The rial is in free fall in Iran. And so, as we cut off banks from doing business with Iranian banks, as we pressure SWIFT to ensure that they disconnect Iranian banks as well, as all the sanctions come back on line, it will be very important for Congress to conduct oversight over that to make sure they are being enforced properly. Mr. Hice. So has the withdrawal of this deal had any effect on other European companies doing business with Iran? Mr. Goldberg. Absolutely. We have seen pretty much on a daily basis more and more companies, the large ones, getting out. You may have seen today, there is a lot of news reports of oil, imports from Europe going to be canceled due to our return of the oil sanctions. We have seen that the European Investment Bank, the Europeans were talking about maybe using the European Investment Bank as a replacement for private institutions to provide financing for those companies that wanted continue in Iran. Those leaders said, you know what? We don't want any part of that. Iran is too risky. Sanctions are too risky. We don't want to touch that. And I would point everyone to yesterday's speech by our Under Secretary for TFI at Treasury. She gave a great speech that really was an indictment of the Iranian regime's financial system, not because of the nuclear deal but because of the practices, the behavior of this regime. That is why most banks and most companies don't want to do business there anyway, and now with the return of U.S. sanctions and our oversight from Congress to make sure that it is properly implemented, the Iranian regime is going to be under enormous stress. Mr. Hice. Thank you, Mr. Chairman. Thank you to our panelists. Mr. DeSantis. The chair now recognizes the gentleman from New York, Mr. Zeldin, for 5 minutes. Mr. Zeldin. Thank you, Mr. Chairman. Thank you for the invitation to today's hearing. We obviously have a diverse group of speakers today. And I think it is important for us to learn lessons from what happened with the negotiation, with understanding the text of the deal and moving forward with, I am sure all five are, you know, concerned with the need to protect America's security at home and abroad. There might be a diversity of how to get there. And if you don't mind, I guess I will start with Dr.Walsh. And I just want to get some other perspectives in this. I understand that you are supportive of the deal. What in the deal have you identified as needing to get fixed? Mr. Walsh. Well, I agree that several of the provisions, the ideal case would be, had things worked out a different way, for us to have then, after a year or whatever, enter into negotiations for Iran for a follow-on agreement. That's a very common practice in international affairs; you have a temporary agreement. I mean, the NPT was that way. There are lots of agreements that way. You have an agreement, and then you build trust between the parties. You know, they see that we follow through on our promises. We see that they follow through on their promises. And then that become the basis for---- Mr. Zeldin. I have a limited time. Mr. Walsh. --follow-on agreements. Mr. Zeldin. What would you want to see in there? Mr. Walsh. Pardon me? Mr. Zeldin. What would you want to see in the follow-on agreement? Mr. Walsh. In the follow-on agreements? I would have like to see some longer--I am happy to take 15 years on the sunsets, but I wouldn't have objected to longer periods before some of the obligations came off. Mr. Zeldin. Anything with regards to the verification? Mr. Walsh. I think, you know, Dave and I are good friends. He and I disagree slightly. When you read what the IAEA says, they say they are performing complimentary access inspections. That is what they said in their most recent statement. And so they are performing these inspections. Can we get better access? I would be all in favor of that. But they are reporting to the international community that they are able to do their job. But, of course, you would always want more and better inspection, if you can. Mr. Zeldin. Yeah, I think, you know, two very important aspects that we just touched on is with regards to the sunset provision, whether you are the most passionate supporter the nuclear deal or you are one of the most vocal opponents of it, the sunset provisions are very problematic. The verification agreement on top of what was said, I mean, the Iranians have said before, during, and after this negotiation that we will not have access to their military sites. AP reported---- Mr. Walsh. And yet we do have. We do. Mr. Zeldin. Well, actually, that's not true. So, at Parchin, we went there. We found particles that required a followup. And the Iranians said that the IAEA would not be able to go back to Parchin to inspect those particles further. The Iranians have said that we will not have access to the nuclear---- Mr. Walsh. We didn't have the additional protocol then---- Mr. Zeldin. We have not gone to any military site. The Iranians are saying: You are not allowed to gain access to our military sites. And we have not gained access to any of their military sites. I am sorry. You are shaking your head. Mr. Walsh. Let me just say---- Mr. Zeldin. What military sites have we been to? Mr. Walsh. Well, I can't name them, but all I know is---- Mr. Zeldin. Well, are you saying that we have been to military sites? Mr. Walsh. Well, because I am not, you know, the IAEA doesn't--some of the stuff is done confidentially. My point is the agency works on cause. If they have reason--if they have suspicions about a site, they have full authority under the additional protocol to demand an inspection. Mr. Zeldin. Right. But they are not. Mr. Walsh. Well, no, they say that they have had access to all the sites they wanted to have. That is their language, not mine. And on sunsets, I would simply very quickly say---- Mr. Zeldin. Yeah, with regard--you are not referring to military sites? Mr. Walsh. Yes, I am. Yes. Yes, I am. Mr. Zeldin. The Iranians have said---- Mr. Walsh. I know they say stuff, but when it comes down to implementation, they have to follow the additional protocol like everyone else. Super quickly---- Mr. Zeldin. But where can I go to source that? Mr. Walsh. I can give you the documents. Mr. Zeldin. You are saying that there's something that details all the military sites that IAEA has been able to access---- Mr. Walsh. I can give you---- Mr. Zeldin. --since implementation? Mr. Walsh. --today the statement by the IAEA that it has had access to every site that it has requested access to and that, additionally, it is under the additional protocol legally entitled to visit any military site. Mr. Albright. But they also, the inspector general just a couple days ago--and it was also on the latest safeguards report--said it would certainly be nice if Iran started allowing for access. Mr. Zeldin. They did. That's right. Mr. Albright. I think they got the message from the E3 U.S. negotiations they are not doing enough. They told Ambassador Haley they had 50 sites of concern; they had 200 to 300 sites of interest. They have not visited all those sites, by any means. They have not visited any of the sites that have been named in the nuclear archive that was recently discovered and unknown to the IAEA, and probably Western intelligence. So there's many sites they have not visited. They have pulled their punches, and now it is time that they stop. Mr. Zeldin. Is there anything on the verification front that you all, the other four, Dr.Walsh, who have had a chance to talk for a while. Anything anybody else would like to add as far as improvements that need to get made with regards to the verification? Mr. Albright. Well, one is that it is not true that JCPOA was fully verified. I mean, a lot of these things happened behind the scenes; the IAEA doesn't tell the whole story. One of the issues has been Section T, which is a ban on nuclear weapons development activities that is still not verified. I mean, there are conditions in there that involve equipment, dual-use equipment that is known to exist in Iran. Additional dual-use equipment has been identified in the nuclear archive that's subject to Section T. It should be declared by Iran, subject to joint commission approval, and monitored by the International Atomic Energy Agency, and that is not happening. So I think to say that somehow this deal is fully verified, it is the best deal in the world, the best verified deal, is simply not true. And I think it is time to end this kind of simplistic talking point of the JCPOA proponents and get down to, how are we going to fix this situation now? Mr. Zeldin. I appreciate that. We can go on a lot further here with regards to the verification. I still, as a Member of Congress, we have not received copies of the verification agreement that was between the IAEA and Iran. We have read Associated Press reports that talk about Iran collecting some of their own soil samples, inspecting some of their own nuclear sites. But I think, with regards to verification as well as, you know, the conversation on the sunset provisions, we have some improvements need to get made. And, hopefully, all five of you would be able to agree that we can make this better. Mr. DeSantis. The gentleman's time is expired. The chair recognizes Mr. Donovan for 5 minutes. Mr. Donovan. Thank you, Mr. Chairman, for allowing me the opportunity to ask questions at this hearing today regarding protecting America from a bad deal, ending U.S. participation in the nuclear agreement with Iran. There are a few facts I would like to highlight as a preface to my question. Fact, the Joint Comprehensive Plan of Action, according to the Obama administration, was a political commitment, not a treaty. As such, the Iran deal imposed no international legal obligation, nor has any president after President Obama including President Trump, legally bound by the Iran deal because it was a political agreement, not a legal agreement. Fact two, under the JCPOA, Iran has gone on a shopping spree, spending money, not on its own domestic needs but instead on supporting terrorists and dictators. Iran has particularly focused its attention on Iraq, Syria, and Lebanon. What do Iraq, Syria, and Lebanon hold in common for Iran? Iraq, Syria, and Lebanon together represent a geographic land bridge for Iran that gives it a clear direct path to Israel. Fact three, the Iran regime wants to destroy Israel. At every turn, the Iran regime has only fanned the flames of violence in the Middle East to serve its own hateful tremulous agenda. Ayatollah Khamenei, just this past Sunday, stated on Twitter that, quote, ``Israel is a malignant, cancerous tumor in the West Asian region that has to be removed and eradicated; it is possible, and it will happen,'' end quote. President Trump's Administration has laid out 12 imminently reasonable requirements for a new deal with Iran, which include Iran ending its support for terrorist organizations and ending its threat against Israel and other nations in the Middle East. There are certainly differences in our political beliefs here today. However, I, my Republican colleagues, the Trump administration, and many of my Democratic colleagues have at least one thing in common: strong support for our ally Israel. Congressman Sarbanes stated that, quote, ``Israel is one of our closest and most important allies,'' end quote. Congresswoman Demings said, quote, ``Israel's security is essential for the future of the Jewish people and the security of the United States,'' end quote. Congressman Lynch stated that, quote, ``the state of Israel is one of our most important allies,'' end quote. Congressman Engel agrees that the biggest danger in Israel's security is Iran. He stated, quote, ``Today, the most serious danger Israel must confront emanates from Iran. It is simply unacceptable that a country with a history of supporting terrorism and calling for the destruction of Israel could have a nuclear weapon,'' end quote. Minority Leader Nancy Pelosi has noted that, quote, ``there is no greater political accomplishment in the 20th Century than the establishment of the state of Israel,'' end quote. As you could see, across the aisle, we all want to see Israel survive and thrive, and agree that Iran's aspirations to annihilate Israel are not acceptable. Mr. Pregent, given that the large bipartisan support for Israel, how does the United States withdrawing from the Iran deal enhance Israel and the United States' national security, if you may? Mr. Pregent. Well, thank you for the question. I think what's important is to see what Russia is actually doing and not doing in Syria. Since our withdrawal from the Iran deal, we have seen Russia sit on its hands while Israel was able to conduct 4- to 6-hour airstrikes against the infrastructure that Qasem Soleimani put in place in Syria as an offensive capability against Israel, doing that under the protections of the JCPOA. Doing that, putting those systems in place over the last 3 years, that Israeli airstrike that took place between 4 to 6 hours set back Qasem Soleimani offensive capabilities in Syria 3 years, and it demonstrated that in a post-JCPOA world, Iran is shedding support. We are looking at what Russia is doing in Syria. We are looking at what the World Bank and the IMF are telling private sector businesses from Europe and the United States to not do business in Iraq because that is where Iran is looking to offset U.S. sanctions by penetrating Iraqi economic sectors. Walking away from the Iran deal has actually made the Middle East less dangerous. I argue that if Iran takes an aggressive stance, if they start increasing their activities, they will lose European support. If they rush to a bomb, they are going to lose Russian support. Russia does not want the Islamic Republic to have a nuclear weapon on its border. To your question about the regime change. I would ask the Iranian people what they think about regime change. The Iranian people have said that the regime has squandered the economic benefits of the Iran deal: $150 billion spent on adventurism, spent on destabilizing the Middle East and trying to develop an offensive capability against Israel instead of focusing it on their domestic economy. The regime is in free fall. This began under the protections of the JCPOA. We are now out of it. Iran is in a weaker position. We now have leverage, and our European allies are going to pick the U.S. especially Israel--correction--Iran takes aggressive actions in the region. Mr. Donovan. Thank you very much for your insight. Mr. Chairman, I yield back the remainder of my time. Mr. DeSantis. The gentleman yields back. I want to thank all the witnesses for appearing before us today. The hearing record will remain open for 2 weeks for any member to submit a written opening statement or questions for the record. And if there is no further business, without objection, the subcommittee stands adjourned. [Whereupon, at 3:55 p.m., the subcommittee was adjourned.] [all]