The complaint alleges that Mr. Earnest’s comments about the possible use of military force against Iran and the U.S. use of nuclear inspections to gain intelligence on Iran’s nuclear facilities constitute a “material breach” of the nuclear deal itself, Breitbart News reported Monday
The complaint notes that the deal does not allow the U.S. to use the IAEA to gain intelligence.
The text of the deal itself states that any of the parties can treat “significant nonperformance” of the agreement “as grounds to cease performing its commitments.”
Iran took umbrage with Mr. Earnest’s assertion last month that the option of military force “would remain on the table” as the U.S. gathers “significantly more detail” about lran’s nuclear program over the years.
Legal Insurrection’s David Gerstman pointed out that the 65 days it could take for the complaint process to be completed would align almost exactly with the 60-day deadline for Congress to approve the deal, Breitbart reported. Should Congress reject the deal, it could provide Iran the opportunity to also back out of the agreement, Mr. Gertstman said.
Mr. Obama and lawmakers including Rep. Adam Schiff, California Democrat, claim rejecting the deal could lead to a war that the U.S. is unprepared for, but a war could be waged later after the U.S. has had more time to gain intelligence through nuclear inspections.