Archive for August 7, 2015

Report: Israel Refusing US Invite to Joint Military Exercises

August 7, 2015

Report: Israel Refusing US Invite to Joint Military Exercises

By: JNi.Media

Published: August 7th, 2015

via The Jewish Press » » Report: Israel Refusing US Invite to Joint Military Exercises.

Israeli Defense Minister Moshe Boogie Yaalon (R) hugs with U.S. Defense Secretary Ash Carter before departing at Ben Gurion International Airport in Tel Aviv on July 21, 2015

Israeli Defense Minister Moshe Boogie Yaalon (R) hugs with U.S. Defense Secretary Ash Carter before departing at Ben Gurion International Airport in Tel Aviv on July 21, 2015
Photo Credit: David Azagury/U.S. Embassy Tel Aviv

(JNi.media) The first operational consequences of the bitter dispute between Israel and the White House on the Iran agreement have begun to pop their ugly heads, as Israel is refusing extensive US offers of military and security cooperation, IsraelDefense and Makor Rishon columnist Amir Rapaport reported.

At this point, Israel is refusing to participate in a massive joint training exercise with the US military, scheduled for 2016.

The exercise, code-named Juniper Cobra 2016, was expected to include a long list of cooperative activities, and to include the US-financed Israeli missile defense system, which is partially based on American capabilities.

Over the past few weeks, Rapaport says Israel, in an unprecedented manner, has been doubtful as to its willingness to participate—compared to previous times, when the IDF went out of its way to take part in joint exercises, and, in 2012, complained bitterly that it was being kept out of a key NATO summit meeting in Chicago because of Turkey’s objection.

Now, paradoxically, according to Rapapaort, the Americans are all too eager to cooperate with Israel, while the Israeli political leadership has decided that the IDF will not cooperate with the Americans.

“This has given rise to the absurd situation where the Americans are willing to offer us more than we want to receive,” Rapaport writes.

Last month, immediately following the signing of the Iran deal, US Secretary of Defense Ashton Carter visited Israel to discuss a security compensation package the Americans were offering. But Israeli Defense Minister Moshe Ya’alon politely declined. That was the first hint the Israelis considered the White House’s betrayal too fundamental to be paved over with dollar bills.

But the seeds of rancor were sown even earlier, according to Rapaport, when, during the 2014 Protective Edge operation in Gaza, the White House decided against sending Israel urgently needed supply of arms and ammunition which were vital to the IDF because of the unexpected length of the war (it ended up lasting 51 days).

That decision was nothing short of traumatic to the Israeli defense apparatus, states Rapaport, and that wound is yet to heal, even a year later.

One of the immediate results of that American military embargo (which extended to the UK, as well) was an Israeli decision to keep its ammunition production in local Israeli manufacturing plants, even when it is a project involving cooperation with the US, to prevent such an embargo from ever happening again.

Rapaport believes much depends on the outcome of the Iran deal vote—veto—override process in the US Congress. If the deal fails, recovery of the relationship between the Pentagon and the IDF will come sooner. Which means that, in typical Israeli fashion, this thing will remain unresolved until “after the holidays.”

A high-impact collision

August 7, 2015

Israel Hayom | A high-impact collision.

Fate has arranged a very interesting showdown between Barack Obama and Benjamin Netanyahu • One is fighting to leave behind a legacy, the other to ensure his country’s existence • Tragically, they were supposed to be allies against the Iranian threat.

Boaz Bismuth
Netanyahu and Obama at the White House in 2014

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Photo credit: Reuters

Mr. Obama, your Iran deal will fall apart: Alan Dershowitz

August 7, 2015

Mr. Obama, your Iran deal will fall apart: Alan Dershowitz.

Without a congressional majority vote and public backing, next president can just abandon it.

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The Framers of our constitution probably would have regarded the nuclear deal with Iran as a “treaty,” subject to a two thirds ratification by the Senate. At the very least they would have required Congress to approve the agreement by a majority vote. It is unlikely that it would have allowed the President alone to make so important and enduring an international agreement.

If President Obama doesn’t treat the Iran agreement with more respect, all his arguments today are beside the point. The agreement won’t have the force of law.

Article II, section two of the Constitution states that the president “shall have the power, by and with the advice and consent of the senate, to make treaties, provided two thirds of the senators present concur…”  Although the Constitution did not provide a clear description of the types of international agreements the Framers viewed as “treaties,” there is evidence that they included significant and long-term commitments with foreign countries. Some early versions of the Constitution allocated treaty-making powers solely to the Senate, but Alexander Hamilton argued that “joint possession of the power in question, by the President and Senate, would afford greater prospect of security, than the separate possession of that by either of them.” He thought it unwise to give a single person all the power to shape the country’s relationship to the rest of the world. He believed that the public is much better protected from abuse under the Constitution than it was under the Articles of Confederation, which rested the power solely in the hands of Congress.

In Federalist Paper 69, Hamilton specifically contrasted the treaty-making power of the British sovereign, with the Constitution that afforded the executive treaty making authority only with the advice and consent of the Senate.

When the Constitution was adopted, the leading authority in the world on such issues was Emerich de Vattel who was the author of the most influential treatise on international law.  Benjamin Franklin noted that his treatise was “continually in the hands of the members of our congress now sitting.”  Vattel defined a treaty as an agreement made “for perpetuity or for a considerable period of time” as distinguished from “having temporary matters for their object.”

In the two and a quarter centuries since the ratification of the Constitution, the power of the executive has expanded considerably, but the Framers would be shocked by the current situation in which the president alone gets to make an important and enduring international agreement that can be overridden only by two thirds plus one of both the senate and the house.  At the very least, this important and enduring deal should have required a majority vote of Congress.  Although the Constitution does not provide for such a hybrid agreement, in practice there have been numerous “executive-congressional” agreements that have been negotiated by the president and agreed to by a majority vote of Congress. Basic principles of democracy as well as our constitutional system of checks and balances would seem to require more than a presidential decision supported by one third of both the house and senate.

While a majority of the House and the Senate voted for this exceptional set of rules for approving the Iran agreement, it was only to assure themselves that they would have any say at all in the matter. President Obama’s position was that he could make the “executive” agreement without Congressional approval.

The Supreme Court has rarely spoken on the distinction between treaties and other forms of agreement, but when it has, it has raised serious questions about the president’s power to enter into long-term deals with foreign powers without the consent of Congress. Here is what it said in Gibbons v. Ogden, “[G]eneral and permanent commercial regulations with foreign powers must be made by treaty, but … the particular and temporary regulations of commerce may be made by an agreement of a state with another, or with a foreign power, by the consent of Congress.” Although the Gibbons case dealt with the relationship between the federal government and the States, its language suggests that the president alone may not have the power to avoid congressional oversight by simply declaring an important deal with foreign powers to be an executive agreement rather than a treaty.

With regard to the deal with Iran, the stakes are so high, and the deal so central to the  continuing security of the free world, that it should — as a matter of democratic governance — require more than a presidential agreement and one third plus one of both houses of Congress.  This is especially true where there is no clear consensus in favor of the deal among the American people.  Though we do not govern by polls, it seems fairly clear that a majority of Americans now oppose the deal.

Let us never forget that America is a democracy where the people ultimately rule, and if the majority of Americans continue to oppose the deal, it will ultimately be rejected, if not by this administration, than by the next. An agreement, as distinguished from a treaty does not have the force of law. It can simply be abrogated by any future president. In the end, the court of public opinion decides important policy decisions that may affect us all. And it is difficult to imagine a decision with higher stakes than whether to accept or reject this deal.

Alan Dershowitz is an emeritus professor of law at Harvard Law School. His new e-book, The Case Against the Iran Deal: How Can We Now Stop Iran From Getting Nukes?, is now available.

In a blow to Obama, top Democrats say they will oppose Iran nuclear deal

August 7, 2015

Israel Hayom | In a blow to Obama, top Democrats say they will oppose Iran nuclear deal.

No. 3 Democrat in the Senate Chuck Schumer and Congressman Eliot Engel announce they will vote against nuclear agreement in Congress • Senate Majority Leader Mitch McConnell slams U.S. President Barack Obama: Stop demonizing opponents of the Iran deal.

Yoni Hersch, Erez Linn, News Agencies and Israel Hayom Staff
U.S. Senator Chuck Schumer

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Photo credit: AFP

IAEA chief stonewalls Congress

August 7, 2015

IAEA chief stonewalls Congress, Power LinePaul Mirengoff, August 6, 2015

Yukiya Amano, director general of the International Atomic Energy Agency Alliance (IAEA) came to Capitol Hill yesterday to try to reassure members of the Senate Foreign Relations Committee about the Iran nuclear deal. Amano wanted to convince Senators that the private side deals between Iran and the IAEA aren’t problematic and shouldn’t lead Congress to reject the deal.

There was just one problem: Amano couldn’t provide any details about his agency’s confidential arrangement to examine Iran’s nuclear research to see if the mullahs are trying to develop a nuclear weapon. “There were many questions on this issue,” Amano reported. “I repeated that I am not authorized to share or discuss confidential information.”

Amano might therefore just as well have stayed home. According to Committee chairman Bob Corker, “most members left here with greater concerns about the inspection regime than they came in with.”

Corker’s Democratic counterpart, ranking Democrat Benjamin Cardin of Maryland, also expressed disappointment. “I think there are provisions in the document that relate to the integrity of the review,” he said, stating the obvious.

Amano’s justification for not disclosing this vital information doesn’t seem to wash. He protests that the credibility of his agency depends on confidentiality. Yet, Wendy Sherman, the lead U.S. negotiator of the Iran deal, says she has seen documents relating to the side agreements between Iran and the IAEA. As Senator Corker asked, “if Wendy has been able to read it, why can’t we read it?”

But it doesn’t really matter whether Amano has good reasons for not telling Congress what’s in the side agreements. As Sen. Cardin says, these agreements go to the integrity of inspections, and the integrity of inspections goes to viability of the deal (though even under the best inspections possible, the deal doesn’t prevent Iran from becoming a nuclear state in the “out years”).

It’s reasonable to suspect, moreover, that provisions pertaining to the integrity of inspections we farmed out to the IAEA because the U.S. couldn’t get Iran to accept language that (a) it considered necessary or, more likely, (b) it knew Congress would see as vital.

If Congress isn’t permitted to find out what’s in the side agreements, it should reject the deal for that reason alone.