Category: U.S. Law

In February and March, respectively, the U.S. Congress and the U.N. Security Council responded to North Korea’s fourth nuclear test with sanctions that were, in theory, an order of magnitude stronger than any sanctions imposed on North Korea until then. Sanctions, of course, are only as good as their enforcement, and in enforcing sanctions against North Korea, the most important rule has always been “follow the money.” Money — along with the contradictions of its political system — has always...

If a problem cannot be solved, enlarge it. – Dwight D. Eisenhower In yesterday’s post, I confronted two unwelcome facts: first, that Kim Jong-un almost certainly will not give up his nuclear arsenal voluntarily; and second, that we cannot learn to live with a nuclear North Korea (or more accurately, it will not learn to live with us). To these, I’ll add a third: things in Korea will certainly get much scarier over the next few years. Pyongyang is blaming...

Update, 2/18: The President signed the bill. ~   ~   ~ This afternoon, the White House made it official — the President will sign the North Korea Sanctions and Policy Enhancement Act. The White House didn’t say when, but I’d expect it to happen within a week or so. The question now turns to implementing the bill to maximize its impact on the regime, while minimizing the impact on the North Korean people. For well over a month, the...

By now, most of you know that the North Korea Sanctions and Policy Enhancement Act, the Senate’s version of H.R. 757, passed the Senate unanimously Wednesday night. The House is expected to pass the Senate’s version this morning and send it to the President’s desk. In an election year, when floor time is especially precious, it was remarkable and humbling that the Senate spent an entire day debating this bill. Senator after senator came to the floor to give supportive...

Via the Washington Post this morning, we’re still pretty much where I said we were last week, but at least we have an expected date for a committee markup. The Senate is still trying to work out a bipartisan compromise between Senator Bob Menendez’s (D, NJ) weaker S. 1747 and Cory Gardner’s (R, CO) tougher S. 2144, rather than voting on the House bill that passed last week “with huge bipartisan support.” While the House and Senate bills contain generally the same...

By now, you’ve probably read the news about last night’s lopsided vote. Interestingly, it was the Democrats, not the Republicans, who were unanimous in their support. The two dissenting votes were Justin Amash and Thomas Massie, both isolationist Republicans from the Ron Paul mold.  Dissent may be patriotic, but it’s never beyond some well-deserved ridicule. [Reminder: The views expressed on OFK are the author’s alone.] You have to hand it to Nancy Pelosi for running a tight ship. In the end,...

Senators Lindsey Graham (R, SC) and Robert Menendez (D, NJ) introduced the bill, numbered S. 1747, last night. I haven’t had a chance to read the full text yet, but from my initial read, it looks similar to S. 3012, which Senator Menendez introduced in the 113th Congress. Like S. 3012, S. 1747 makes the designations in Section 104(a) discretionary, rather than mandatory. The problem with that approach is that so far, President Obama has exercised his discretion to sanction North Korea as little as possible. The State...