What is the Trump administration's legal basis for not imposing sanctions on Russia?

Question

In July, Congress passed, in a near-unanimous vote, a law called the Countering America's Adversaries Through Sanctions Act, which among other things imposes sanctions on Russia for their interference in the 2016 presidential election. But the Trump administration just announced that it is not implementing those sanctions, because they claim the law itself is enough of a deterrent without actually sanctioning anyone.

But my question is, what is the Trump administration's legal basis for not enforcing this law? The President cannot simply choose not to enforce a law. But does this law have a provision that allows the President to either delay or suspend its enforcement?

Answer 1

1. As Drunk Cynic's comment noted, one of the main legal angles was constitutional, namely an assertion that the law as passed usurped Executive branch's Constitutional authority to conduct foreign relations.

   Quoting Wikipedia:

   On the day President Donald Trump signed the bill into law, he issued two separate, simultaneous statements. In the statement meant for Congress he said: "While I favor tough measures to punish and deter aggressive and destabilizing behavior by Iran, North Korea, and Russia, this legislation is significantly flawed. In its haste to pass this legislation, the Congress included a number of clearly unconstitutional provisions" — such as restrictions on executive branch′s authority that limited its flexibility in foreign policy.

   Among other things, the statement noted that the legislation ran foul of the Zivotofsky v. Kerry ruling of the Supreme Court. The president appeared to indicate that he might choose not to enforce certain provisions of the legislation: "My Administration will give careful and respectful consideration to the preferences expressed by the Congress in these various provisions and will implement them in a manner consistent with the President's constitutional authority to conduct foreign relations."

2. Additionally, the law itself left wiggle room, under "SEC. 112. <> PRESIDENTIAL WAIVER AUTHORITY." and other numerous waivers (I don't think that's the one used, since this one requires case by case waivers and reports to congress).

There's also a boatload of National Security waivers but I don't think those were specifically invoked either.