The president has discretion under new sanctions legislation to decide whether or not to apply sanctions.
Posted by Deadline: White House, Checked
- Sources
- 8 support2 context
- Said
- 1 time·
- Confidence
- 85%
Deadline: White HouseOct 28, 2026
The Lindsey O. Graham Sanctioning Russia and Iran Act, signed September 18, 2026, gives the president discretion over whether and how to apply its sanctions, and section 115 lets the president waive them, as sources confirm.
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What was said
… So it's really exposing some gaps in the law. The sanctions laws are an area where the president, as the chief executive, has a lot of power to grant, um, you know, to decide whether to enforce them or not. And specifically, in this new sanctions legislation, the president has some discretion as to whether or not to apply the sanctions. And, of course, everybody, I mean, including Lindsey Graham, who is the biggest champion of this bill, believed that Russia should be subject to strict sanctions. …
Deadline: White House · · from the transcriptPost →What we found
Supports. The Congressional Research Service overview says Congress grants the president substantial discretion over sanctions, including who meets statutory criteria and when waivers or licenses may be issued.[3]
Supports. The White House order says section 115 of the Graham Act authorizes the president to waive any sanctions provision, restriction, or duty, subject to a certification to Congress.[4]
Supports. Freshfields and Weil both report that the Act grants the executive branch considerable discretion, including a broad waiver power and threshold determinations before many obligations apply.[5][6]
Supports. Morgan Lewis, Legal 500, Debevoise, and Hunton describe the Act as preserving significant presidential discretion over implementation even where sanctions are labeled mandatory.[7][8][9][10]
Context. The Reuters report on the bill's signing describes the new tariff powers as broad, and the AP describes the bill's effectiveness as dependent on implementation, consistent with presidential discretion.[1][2]
Sources
10 sources: 2 fact-checkers, 2 primary, 6 not rated
- 1US sanctions bill offers Ukraine new leverage on Russia ... - AP Newsapnews.com · fact-checker · cited for: context
- 2Russia sanctions bill gives Trump sweeping new tariff powersreuters.com · fact-checker · cited for: context
- 3U.S. Sanctions: Overview for the 119th Congresscongress.gov · primary source · cited for: supports
- 4Implementing the Lindsey O. Graham Sanctioning Russia and Iran ...whitehouse.gov · primary source · cited for: supports
- 5The Graham Act: Bipartisan Sanctions and Tariffs Waivedfreshfields.com · not rated · cited for: supports
- 6The Lindsey O. Graham Sanctioning Russia and Iran Act of ...weil.com · not rated · cited for: supports
- 7President Signs Lindsey O. Graham Sanctioning Russia and Iran ...morganlewis.com · not rated · cited for: supports
- 8New U.S. Sanctions Targeting Russia And Iran ...legal500.com · not rated · cited for: supports
- 9Lindsey Graham Act Expands U.S. Sanctions and Tariff ...debevoise.com · not rated · cited for: supports
- 10Graham Act Codifies Russia Sanctions, But Presidential ...hklaw.com · not rated · cited for: supports
Where this claim was made
Said in 1 published post
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