Archive for September 7, 2013

Alan M. Dershowitz – Obama: Get approval from Congress on Iran now

September 7, 2013

Obama: Get approval from Congress on Iran now – Opinion Israel News Broadcast | Haaretz.

The U.S. President’s commitment to preventing Iran going nuclear means he must go to Congress now, before it crosses the red line, and not after, as is now the case with Syria and its use of chemical weapons.

By | Sep. 5, 2013 | 8:01 PM | 31
Obama speaks to the media in the Cabinet Room of the White House

President Barack Obama speaks to the media in the Cabinet Room of the White House in Washington, Tuesday, Sept. 3, 2013. Photo by AP

Congressional approval for a punitive-deterrent strike against Syria’s use of chemical weapons should not be misunderstood by Iran, Israel, or anyone else. The decision, which involved many moving parts, was not intended to show any weakened resolve to prevent Iran from developing nuclear weapons. Nor was it intended to represent any American trend toward increasing isolationism, either in relation to the world in general or the Middle East in particular.

The president’s decision to take his case to Congress was the result of a complex of reasons, both constitutional and political. It was made by a president who had campaigned on the principle that congressional approval for non-emergency military actions is generally desirable and sometimes legally required. But it was also made by a president who had committed our nation to a red line, which if crossed, would demand a response.

Hence the conflict: A president cannot commit his nation to a red line if he is also committed to securing congressional approval before responding to the crossing of that red line. What if Congress denies approval? Must the president still keep his red line commitment? If he does not, what does this say about other red line commitments, such as that made regarding Iran’s efforts to secure nuclear weapons? How will Iranian mullahs interpret the president’s decision to go to Congress? And how will the Israeli government respond to it? Will misunderstandings increase the likelihood of a military confrontation with Iran? These questions and the uncertainty of the answers reflect the dilemma posed by the president’s decision to go to Congress after drawing a red line that Syria has crossed.

There is a way out of this dilemma, at least with regard to Iran and its future actions. The president should secure congressional approval now as to the red line with Iran.

President Obama should ask Congress for authorization now to take military action against Iran’s nuclear weapons program if it were to cross the red line he has already drawn. If Congress gives its approval, that action will increase the deterrent threat currently directed against Iran, by underscoring the red line as having been drawn both by the president and by Congress. It should leave no doubt in the minds of the Iranian mullahs that the president not only has the will to enforce the red line but also has the authority from Congress to do so.

Having the authority to engage in military action does not require that the president take such action; it only empowers him to do so if he chooses, without further action by Congress. But as President Obama has repeatedly warned: he does not bluff; if he says he will not permit Iran to develop nuclear weapons, he means it—unless Congress stops him. If Congress were now to give advance approval to the red line with Iran, the mullahs will understand that there will be no stopping the President from keeping his word. Only if the mullahs believe that President Obama will attack their nuclear reactors if they cross the red line will there be any hope of deterring them from doing so. The goal is not to have the President actually attack Iran. It is to persuade Iran that he will do so if they defy the will of Congress, the President and the American people by crossing the red line.

President Obama has already shown Iran that he is willing to take military action against Syria without the approval of the UN Security Council, Great Britain, NATO, the Arab League and other representatives of the international community—as long as he has the approval of Congress. This is especially important with regard to Iran, because Congress is more likely to support military action against Iran’s nuclear weapons program than is the international community.

There are dangers is drawing red lines too far in advance of them being crossed. A president who commits his nation to taking action if the line is crossed ties his hands, as the events in Syria demonstrate. But President Obama has already tied his hands on Iran—and properly so. He has made a commitment not only to the American people whose national security would be placed at risk by a nuclear armed Iran, but also to the leaders of Jordan, Saudi Arabia, the Emirates and Israel, for whom a nuclear armed Iran poses an even greater threat. And Israel has acted—or forborne from acting—in reliance on that firm commitment. Now these American allies must be assured—and America’s enemies, especially Iran, must be warned—that President Obama is capable of keeping his promise, and that Congress won’t stop him from doing so.

Iran is different from Syria. America’s national interest would be directly weakened if Iran were to develop nuclear weapons. It has not been directly weakened by Assad’s use of chemical weapons against his own people. The case for a red line against Iran is far stronger than it was for a red line against Syria.

Congress should first authorize the president to keep his commitment with regard to Syria. Then it should authorize the president to keep his far more important commitment with regard to the red line against Iran. This dual congressional action will strengthen America’s position in the world and will help to prevent the game-changing disaster of a nuclear-armed Iran.

Alan M. Dershowitz, the Felix Frankfurter Professor of Law at Harvard, is a practicing criminal and constitutional lawyer and the author, most recently, of The Trials of Zion. His autobiography, “Taking the Stand: My Life in the Law”, will be published in October 2013.

Fire, ready, aim in Syria

September 7, 2013

Fire, ready, aim in Syria.

A senior GOP advisor remarked on the White House’s handling of military action against Syria: “If I had a dollar for every logical question that could be asked about the way he’s handled this, I could fund the thing.” Well let’s count up:

President Obama (Jason Reed/Reuters)

President Obama (Jason Reed/Reuters)

Why did President Obama spend so long trying to engage Bashar al-Assad, giving the impression of U.S. desperation?

Why did his administration refer to him as “reformer” even as the uprising began?

Why did he call for Assad to go but did nothing to effectuate that for over two years?

Why did he not recognize the delay would allow jihadis to flood into the country?

Why did he not recognize that with Iranian and Hezbollah troops on the ground this had become a critical issue for the mullahs?

Why did he refuse to aid the Free Syrian Army for so long? And why when he did promise aid did nothing arrive?

Why is he only now seeking a coalition of countries in the region to aid in ousting Assad?

Why did he tell the country and world that “a decade of war” was ending when al-Qaeda was on the march and Iran and Hezbollah were strengthening Assad’s hand?

Why did he let the first use of chemical weapons take place without a response?

Why did he issue a red line if he didn’t mean it?

Why didn’t the U.S. long ago figure out where Assad’s chemical weapons were stored? And why didn’t he take seriously the Free Syrian Army’s warning about use of chemical weapons?

Why did he not consider the murder of 100,000 Syrians to be a crime against humanity?

Why did he signal he had made up his mind to use force and then flinch and drag in Congress?

Why after dragging in Congress did he not quickly give a speech and go to the public to make his case?

Why schedule a speech after so many lawmakers were already locked into a “no” vote?

Supporters of a “yes” vote characterize the situation as “a real challenge,” as one official of a pro-Israel group put it. He said that a “yes” vote was ”only possible if there is a huge momentum change triggered by presidential intervention.” It’s not clear that one speech is going to do it. For House Democrats it will have to be seen as nothing short of a last-ditch effort to save the Obama presidency.

An aide to a senior Senate Republican willing to back the resolution summed it up: “There are a lot of members who believe he has the authority, so it’s hard to vote no — but are so irritated with the way he’s handling it.” He repeated, “It’s very hard.”

Right Turn has learned from Senate nose-counters that “there’s a good number on the fence not sure what to do. Also, there are about a dozen or so GOP senators will have dinner with [Vice President Joe] Biden on Sunday.” Apparently, that’s a better bet than dinner with Obama.

I suppose the problem with having a White House full of flunkies and yes-men driven purely by political concerns is that when a genuine crisis comes along there is no one to give the president hard truths and solid advice. But let’s not blame the current crop of aides, no matter how bad they may be. Obama selected them and, moreover, for  2 1/2 years — as set forth above — made one blunder after another. If he gets a historic rebuke from Congress (never before has it rejected a request for authorization of force), he has no one to blame but himself.

Republicans eager for an Obama debacle need not vote “no”; the president has done that all by himself. They can only at this point set forth what course they recommend.

An Air Strike Imperative

September 7, 2013

An Air Strike Imperative.

An analysis by Ronen Solomon: postponing a military strike in Syria will commit the US military to striking with the use of aerial bombardments, in order to hit underground bunkers where advanced weapons have been stored
A uranium enrichment facility at Qom, Iran / An facility for storing chemical warheads near Damascus
A uranium enrichment facility at Qom, Iran / An facility for storing chemical warheads near Damascus

In the past week, US defense officials have claimed that the timing of the operation against Syrian military and government targets, or primarily against the regime’s HQs that supervise Syria’s unconventional arsenal, will not influence the objectives of the operation, and that it can also be done in a month from now.

This information, delivered by the architects of the strike, is valid on the assumption that the US planned the use of fighter aircraft in advance, and not just the utilization of massive fire of Tomahawk missile from the naval vessels cruising through the eastern Mediterranean Sea.

Advanced weapons have been transferred within Syria, apparently including the transfer of chemical warheads from  regular bunkers to underground facilities dispersed in the region. This began once that it was understood that the plan for an attack could be on its way with a notice of just days, and would probably include the area where Division 155 – responsible for firing the chemical rockets at the eastern and western suburbs of Damascus – was operating.

Division 155 commands over numerous warehouses of missiles and artillery in the Damascus sector, which can also carry chemical warheads. Most of the infrastructure is routinely deployed or stored in semi-revealed bunkers. However, Syria also constructed underground facilities near the bases deep in the mountain for times of war. The characteristics of these facilities resemble those built by Iran near the city of Qom, in order to protect its nuclear facilities against attacks. The similarity is not accidental – most of Syria’s underground infrastructures were constructed with Iranian and North Korean assistance, and are controlled by the Syrian military’s elite units also responsible for securing the chemical weapons.

Another example of an underground facility suspected of being tied to the unconventional weapons project is located near the city of Masyaf in Syria’s western Hama governorate. This is where Syria constructed warehouses in the depth of the mountain apparently used to store equipment and nuclear materials tied to the reactor project that was destroyed in Al Kibar.

Such facilities can only be breached and destroyed through the use of ‘bunker busters’. The GBU-28s ‘bunker buster’ bomb can be launched from F-15I aircraft,  when the target marking is done with a laser beam. The bomb has was given its nickname since it is intended to detonate only after it pierces through the defenses of structures protected deep in the ground.

The educated use of these bombs or similar ones could send a signal to Iran – which is closely observing the developments – as to the ability to damage its underground nuclear facilities, in the event that a diplomatic agreement is not reached.

‘Syria, Iran, Hezbollah set up situation room’

September 7, 2013

‘Syria, Iran, Hezbollah set up situation room’ | The Times of Israel.

Lebanese terror group mobilizes ‘tens of thousands’ of fighters while Tehran, Damascus prepare for ‘various scenarios’ in case of US strike

September 7, 2013, 10:22 am
Syrian President Bashar Assad tours the neighborhoods of Darayya, August 1, 2013. (Photo credit: Syrian Presidency/Instagram)

Syrian President Bashar Assad tours the neighborhoods of Darayya, August 1, 2013. (Photo credit: Syrian Presidency/Instagram)

Iran, Syria and Hezbollah have set up a joint situation room in preparation for a potential US-led strike in Syria, with Hezbollah mobilizing “tens of thousands” of fighters for the occasion.

The military operations coordination between the three is meant to plan for the monitoring of targets and organizing of retaliation, the Lebanese Daily Star reported Friday, citing senior Lebanese political and diplomatic sources.

“Iran, Syria and Hezbollah don’t have a clear picture about what Americans have planned,” said one diplomat,“but [they] too are prepared for various scenarios.”

Political sources said Hezbollah put “tens of thousands” of fighters and reservists on alert in anticipation of a US strike.

“Everyone in Hezbollah who has been trained to use weapons has been put on high alert,” one political source told the Lebanese daily. “The party is ready for all eventualities.”

Iran and Hezbollah have repeatedly indicated that they would back Syria’s Bashar Assad regime in the event of a strike in response to the reported use of chemical weapons in a Damascus suburb on August 21, which the US says killed 1,429 people.

Hezbollah has already been heavily involved in the Syrian battlefield for several months now on the Assad side, which has cost the Lebanese group some political capital at home, not to mention the spillover from Syria it has brought with it. Lebanon has been the scene of several incidents that are perceived as retaliatory attacks for Hezbollah’s involvement Syria. Just last month, a car bombing killed 22 people in a Hezbollah stronghold in south Beirut. In early July, a similar attack took place but did not cause any deaths.

Lebanese officials cited in the Daily Star report warned that Iran and Hezbollah see the targeting of Syrian army posts, airfields and weapons depots as a strategic threat to their interests and of course to Assad, which would give them a reason to intervene. But the officials indicated that they were likely to do so only if the US strike seriously threatened the regime’s rule.

On Friday, a report in the Wall Street Journal indicated that the US had intercepted orders from the head of the Revolutionary Guards’ Quds Force, Kassem Sulemenai, in Iran to to Iranian-supported Shi’ite militia groups in Iraq to attack American sites should a strike on Syria take place.

The targeted sites could include the US embassy in Baghdad and other American interest sites in the Iraqi capital, as well as the US embassy in Beirut and other sites in Lebanon via Hezbollah, officials said.

On Friday, the US State Department ordered non-essential diplomatic staff out of Lebanon and strongly urged private US citizens to leave as well, citing security concerns.

Iran has also threatened to hit Israel should the US carry out a strike, with the commander of the Revolutionary Guards’ General Mohammad Ali Jafari saying late last month that a possible war in Syria “will result in the imminent destruction of the Zionist regime of Israel.”

But Syria too has a bank of targets, according to the Lebanese report, having already threatened to strike Israel, Turkey and Jordan in retaliation for any attack.

Meanwhile, the US is also preparing for an expansion of targets should the decision to carry out an attack come through. On Friday, it was reported that US President Barack Obama instructed the Pentagon to add Syrian sites to its target list, with the order coming in response to intelligence indications that the Syrian government has moved troops and equipment used to employ chemical weapons.

The US is considering employing Air Force bombers in addition to ship-launched cruise missiles.

Obama is now seeking congressional approval for a US-led strike, having gained authorization from a Senate panel Wednesday to order an attack, the limits of which include a time frame of 90 days and the exclusion of American boots on the ground.

The Syrian regime has denied using chemical weapons, calling US claims “blatant lies,” and blaming any WMD attacks on rebels and “al-Qaeda.”

Obama: Calling for Limited Military Action in Syria

September 7, 2013

▶ Weekly Address: Calling for Limited Military Action in Syria – YouTube.

US Air Force will also target Syria’s air force, ballistic missiles and sections of its air defenses

September 7, 2013

US Air Force will also target Syria’s air force, ballistic missiles and sections of its air defenses.

DEBKAfile Special Report September 7, 2013, 8:41 AM (IDT)
US Air Force B-2 stealth bomber

US Air Force B-2 stealth bomber

The reports coming out of Washington in the last 24 hours indicate that US President Barack Obama has resolved not just to degrade Syria’s chemical capabilities but also to take down Bashar Assad’s air force, destroy his air bases and knock out his ground-to-ground ballistic missiles, using giant B-52 bombers and B-2 stealth bombers. Some of the bombers will fly in directly from the US; others from the Al Udeid base in Qatar. F-22 Raptor fighter-bombers are also scheduled to take part in the US air offensive.
Obama decided to expand the scope of the US operation for Assad’s use of chemical warfare against civilians on Aug. 21, when his experts advised him that these additional blows would dramatically diminish the Syrianj ruler’s military edge over rebel forces without toppling him. These air raids could moreover be conducted from afar without American aircraft coming within range of Syrian air defense batteries.

The US operation will also target the Syrian army’s 4th and Republican Guard divisions, protectors of the Assad presidency and regime, which were responsible for using chemical weapons, but not the weapons themselves. debkafile’s military sources say they can’t be destroyed by air assault – only by ground forces, which the US president has ruled out in advance.

It was that conclusion which led Washington to considering air strikes for taking down the ballistic missiles, which may be used as the vehicles for delivering the poison gases both within Syria and beyond its borders.
This expanded inventory of targets portends a broader operation in scope than Obama’s first plan, which was designed only to caution the Syrian ruler of his peril for engaging in chemical warfare. The extensions to this plan would go a lot further than a deterrent warning and seriously downgrade his military and strategic capabilities.
Russia and Iran are already getting set to replenish by air and sea the losses the US air and missile offensive is expected to inflict on the Syria military.

US Secretary of State John Kerry and ambassador to the UN Samantha Power stressed in the last few hours that the US felt fully justified in going forward against Syria’s use of chemical weapons without a UN mandate and, indeed, they indicated, the president would consider such action “the right thing to do” even if US Congress withheld its support.
For now, Obama will be spending all his time on a blitz to win lawmakers round to the strike against Syria, while Kerry seeks European and Arab partners for the operation, in addition to France which has already come forward.

America’s real Middle East priority: Iran

September 7, 2013

America’s real Middle East priority: Iran | JPost | Israel News.

By REUTERS
09/06/2013 23:35
If US President Obama’s proposal to launch a military strike on Syria is passed, the administration must prepare for the possibility that Iran will respond with escalatory asymmetric attacks.

Iranian President-elect Hassan Rouhani

Iranian President-elect Hassan Rouhani Photo: Reuters

While we’ve been distracted by a flurry of intelligence releases on Syria’s chemical weapons strikes – and the ongoing saga over the United States’ response – many have overlooked another intelligence report pertaining to weapons of mass destruction with severe implications for America’s red lines and credibility in the Middle East.

The International Atomic Energy Agency, the world’s nuclear watchdog, reported that “Iran plans to test about 1,000 advanced uranium enrichment centrifuges it has completed installing.” As Iran’s enrichment capabilities increase, its breakout time – how long Iran would need to rapidly amass enough highly-enriched uranium for a nuclear weapon – is dropping considerably. In the next year or two, Iran’s breakout time could drop to about 10 days: too short of a window for the United States to reliably respond before Iran could secure enough material for a bomb.

America’s next step in Syria is inextricably linked to the situation in Iran. The US government’s biggest national security concern in the region is an Iranian regime with potential access to nuclear weapons. A nuclear Iran would destabilize the region, shock oil prices, and threaten US allies. Longer term, it’s harder to map out the implications, but they aren’t pretty. A nuclear Iran could trigger a domino effect among Middle Eastern countries; should another Arab Spring occur, a failed state with a nuclear weapons cache is a frightening prospect.

Not intervening in Syria – letting Bashar Assad cross Obama’s red line of using chemical weapons on civilians – makes any red lines regarding Iran’s nuclear progress blurrier. In fact, by punting the decision to Congress and further complicating the causality between a broken red line and punishment, Obama may have already done just that.

It’s a quirk of history that Obama is in this position in the first place. When Obama originally set his red line back in August 2012, he caught his advisers completely off guard. As the New York Times reported in May: “Moving or using large quantities of chemical weapons would cross a ‘red line’ and ‘change my calculus,’ the president declared in response to a question at a news conference, to the surprise of some of the advisers who had attended the weekend meetings and wondered where the “red line” came from. With such an evocative phrase, the president had defined his policy in a way some advisers wish they could take back.”

If Obama set the red line without consulting his own staff, he certainly didn’t ascertain whether other nations would also “change their calculus” in response to chemical weapons use. That helped lead to the embarrassment in Britain last week, when the House of Commons declined to join any potential American strike against Syria. This is possibly Obama’s hardest-earned lesson of the Syria debate thus far: even if you feel the need to tout American exceptionalism, don’t let it apply to your red lines. If you set a red line by yourself, be prepared to defend it alone as well.

Let that be a lesson on Iran. With the recent IAEA report suggesting that Iran is inching ever closer towards nuclear breakout capacity, potential upcoming negotiations with Iran carry an even greater urgency than usual. And there are compelling reasons to be optimistic (or at least less pessimistic than usual): both parties have something that the other wants, and Iran has a new president.

In June, Hassan Rouhani won the Iranian presidential election with an outright majority – as a centrist candidate with a platform of patching up relations with the West. Ahmadinejad’s retirement is perhaps an even greater addition by subtraction. While it’s important to remember that the buck stops with the Ayatollah, Rouhani’s election could usher in a reset in negotiations, and perhaps a modest deal, likely in the form of inspections and a slowdown in enrichment in return for reduced economic sanctions.

The United States needs to seize this chance. If negotiations fail, it could still prove difficult to maintain the current level of sanctions pressure for two reasons. First, because Iran now has a charismatic president instead of one who’s easy to hate and speaks out against Israel. Second, Rouhani is bent on promoting transparency and efficiency in the Iranian domestic economy. This makes it more tempting for countries like China, India and Russia to strike deals with Iran — even if it means bending the rules on sanctions. As the United States has witnessed in Syria, it’s hard to hold the international community to a strict red line – especially when there are economic incentives to the contrary.

So what’s next in Syria? It’s more likely than not that Congress will approve a limited military strike – and that the ensuing intervention will prove to be limited. If Congress rejects the president’s call for a military strike, it will set a dangerous precedent on American red lines and undermine the United States’ credibility in advance of possible talks.

If Obama’s proposal does pass and the US strikes, the administration must prepare for the risk that Iran will respond with escalatory asymmetric attacks, and it must ensure that any fallout from Syria does not scuttle upcoming nuclear negotiations.

A few months from now, in all likelihood, the US will once again be on the sidelines in Syria, decrying continued violence with rhetoric but little action. Media attention will shift to the high stakes dynamics with Iran. It is, after all, where the US government has been focusing all along.