*Call It Judgment Day: Obama Faces a Reckoning Over Payments to Iran*

*By SETH LIPSKY <http://www.nysun.com/authors/Seth+Lipsky>, Special to the
Sun | August 24, 2016*

Call it judgment day. It looks like the Obama administration might yet face
some kind of reckoning — in Congress, at least — over its payoff of a
long-simmering claim to the Iranian regime.

That’s because to do so, the administration tapped a little-known account
at the Treasury Department called the Judgment Fund. It is a special
account used to pay out claims against the US government.

The details of how the administration did this, however, are being treated
like a state secret. The State Department spokesman has clammed up tighter
than a conch in a mudslide.

The topic erupted at the State Department’s daily not only on Tuesday but
also today. This was after Claudia Rosett reported in the New York Sun that
the administration made 13 transfers of $99,999,999.99 each.

Those payments add up to 13 cents shy of $1.3 billion. They were made
January 19, two days after President Obama announced he’d cut a deal with
the mullahs for $1.7 billion to avoid an adverse judgment at a court in The
Hague.

We know, thanks to the Wall Street Journal, that $400 million of that was
made in foreign currency, loaded on wooden pallets and delivered in a
special cargo plane and functioned as a ransom payment to the mullahs, who
had been holding a group of Americans hostage.

The remaining $1.3 billion only started to come into focus when Ms. Rosett
discovered the 13 transfers totaling $1.3 billion on a Treasury Department
Web site related to the judgment fund.

She sees no other explanation than that the payments, which went from
Treasury on behalf of the State Department, were to cover the Iran
settlement.

State’s daily briefing Tuesday was opened by the dean of the Foggy Bottom
press corps, Matt Lee of the Associated Press. He called the settlement
payments “the story that doesn’t seem to want to go away.”

Persistent as Mr. Lee was in his questioning, he could get bupkis out of
the department spokesman, Mark Toner. He conceded nothing except that the
Treasury Department was even less transparent than State.

This window into the shenanigans the administration is using to implement
its deal isn’t just about whether the latest move is legal. No one has yet
said it broke the law.

One of the principles of newspapering, though, is that the scandal is often
not about what’s illegal but what’s legal. How can the administration tap
the taxpayers for $1.3 billion without the say-so of Congress?

This is one of the most basic prohibitions in the Constitution. “No Money
shall be drawn from the Treasury, but in Consequence of Appropriations made
by Law,” is the way the parchment puts it.

The government maintains the judgment fund is legitimate. It calls it an
“indefinite, permanent appropriation.” The idea is that Congress didn’t
want to be bothered with having to pass a law for every nickel-and-dime
settlement.

Could it have intended to authorize a blank check to send $1.3 billion to a
regime that calls us the Great Satan and threatens to wipe Israel off the
map? What Congress in its right mind would do such a thing?

What makes it so galling is that the administration knows that had the Iran
payments been submitted to Congress for approval, they would’ve been turned
down. Majorities in both houses were against the entire Iran nuclear deal —
which is why it was treated as an executive, unilateral action and never
submitted to the Senate for ratification as a treaty would have to be.

And this is why the State Department and the Treasury are playing dumb. On
the line is the constitutional good faith of President Obama, Secretary of
State Kerry and Treasury Secretary Lew.

Not to mention Hillary Clinton. She seems to be hoping that she can get all
the way to November without having to answer for the appeasement of Iran
that started on her watch and that she’s endorsed.

I opposed even the initial talks with Iran, because history has taught that
the talking itself begets the appeasement. Once it starts, the appeasing
party — in this case the administration — keeps getting sucked in for more.

No wonder that within hours of Ms. Rosett’s story appearing on the Web, The
Post, in an editorial, predicted that the matter would prove to be “a rich
trove for congressional investigators.” You can, as the Sun said yesterday,
bet your last $99,999,999.99 on it.


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