Tag Archives: Iran

Will the Biden administration follow the law on the Iranian nuclear agreement?

Published by JNS

Credit: frontpagemag.com

If President Joe Biden changes or adjusts the Iran nuclear deal—the Joint Comprehensive Plan of Action, or JCPOA—then he is obligated to bring it to Congress. This is not the wishful thinking of critics of the agreement; it is according to the Iran Nuclear Agreement Review Act (INARA) of 2015.

In May of 2015, Congress passed INARA, giving itself the right to review any future agreements or modifications reached regarding the Iran nuclear deal, in essence reserving the right to assess any changes made. Since it’s almost impossible to restore the deal intact since six years have passed since it was written, a return to the JCPOA promised by Biden means a new agreement. The administration’s strategy will be to ignore Congress, claiming that any changes will not be substantive, so INARA does not apply.

According to former Assistant Secretary of State Stephen Rademaker, writing in RealClearWorld, “The Act mandates congressional review—and provides for potential disapproval—of not just the JCPOA, but any “agreement related to the nuclear program of Iran … regardless of the form it takes … the Act (also) prohibits the extension of sanctions relief during the 30 days the law sets aside for congressional review of any nuclear agreement with Iran.”

Biden promised to rejoin the JCPOA, and lengthen and strengthen the unsigned agreement. Unfortunately, his Iran envoy Robert Malley has said that if Iran returns to full compliance, then they will immediately get sanctions relief. Does that mean removing all sanctions, including those for their egregious human-rights abuses, missile proliferation and counterterrorism? U.S. Secretary of State Antony Blinken has said that no significant amendments will be added before rejoining the agreement. I don’t follow the administration’s logic—beginning negotiations with the wily Iranian regime by giving away all its leverage.

In response this month, Sens. James Risch (-Wis.) and Bill Hagerty (R-Tenn.) introduced legislation called the Iran Sanctions Relief Review Act of 2021 (S. 488) to address the administration’s contradictory approach and messaging. Risch said, “It’s increasingly clear that the Biden administration’s promises to ‘lengthen and strengthen’ the Iran nuclear deal are instead an attempt to re-enter the flawed 2015 JCPOA at any cost. … This bill would require Congress to approve any Biden administration effort to lift sanctions against the Iranian regime. The United States currently maintains a position of significant leverage with Iran because our sanctions are working. Given that reality, the administration should keep its promises to address the JCPOA’s looming sunsets, as well as Iran’s regional terrorism, ballistic-missile activity and wrongful imprisonment of Americans.”

And that is where INARA comes in. If Biden keeps his promise to be the anti-Trump, following the law he needs to go back to Congress before obligating America to trust the theocratic Islamic regime, which hid and lied about its nuclear program for decades. Like all recent executives of both parties, Biden will claim that foreign policy is the exclusive purview of the president. That is because the Senate has allowed presidents to run roughshod over its constitutional duties for decades. The Senate should speak up now—that includes members on both sides of the aisle. Will Sens. Chuck Schumer (D-N.Y.), Chris Coons (D-Del.) and Robert Menendez (D-N.J.), who voted against the deal the first time, speak up again and act? The JCPOA in 2015 should have been submitted to the Senate as a treaty, being the most consequential American foreign-policy agreement of the 21st century.

According to an article in Foreign Policy by Daniel Kutzer, Aaron Miller and Steven Simon, “Little constituency exists in Washington for returning to the 2015 nuclear deal with Iran on precisely the same terms as before. Republicans and even some crucial Democrats oppose it.” If that is true, then the president is bound by law to send any updates or changes to Congress for review.

I received a request from a reader about what voters should “ask for” from Congress. First, don’t be fooled by rhetoric that claims we are all on the same page, agreeing that Iran should never get a nuclear weapon. That does not mean and is not the same as improving the JCPOA now. When Brett McGurk, Biden’s national security council coordinator for the Middle East, said this week concerning the United States and Israel’s goals regarding Iran, “there is no disagreement. … Iran can never get a nuclear weapon, period,” that is political doublespeak. It does not address that the JCPOA, which the administration has vowed to return to, still allows Iran to develop an industrial-size nuclear program in less than 10 years when its sunset provisions fully kick in.

The answer for pro-Israel Americans is to let the Democratic Majority for Israel, the Jewish Democratic Council and their state legislators know the JCPOA’s weaknesses are your No. 1 foreign-policy concern. Let them know you expect Biden to keep his word to strengthen and lengthen the deal, but to do it before rejoining a flawed JCPOA. And you want the Senate to be able to weigh in and review the modifications. Let them know that rhetoric alone without a fundamental change of the sunset provisions is not enough. The handwriting is already on the wall for a return to the old JCPOA. Now is the time to speak up.

Does the Biden administration believe Iran is behind most Shia militias?

by Dr. Eric R. Mandel

{Previously published in JNS}

A controversy that occurred during a recent question-and-answer session for reporters by Pentagon press secretary John Kirby may have revealed a troubling insight into the Biden administration’s approach in rebranding Iran’s problematic image. He claimed that Shia militias that are causing so much trouble in the Middle East are not Iranian-controlled. After criticism made its way into the public arena, Kirby partially walked back his statement in a subsequent press conference, agreeing that some Shia militias are Iranian-backed. Was this a Freudian slip, a trial balloon or a real insight into administration thinking?

There is a well-documented history of the Obama-Biden administration misleading the public about the 2015 Iran nuclear deal—the Joint Comprehensive Plan of Action (JCPOA). Therefore, it is prudent to ask if Kirby’s first answer to a softball question that should not have flustered an experienced spokesperson was an accurate representation of the administration’s thinking. It’s all part of a strategy to create the illusion that the Islamic Republic is not responsible for supporting the majority of Shia militias throughout the Middle East in the hopes that in preparing the ground to rejoin JCPOA, Iran will be more palatable to the U.S. public.

So a primer on Iranian-controlled Shi’ite militias and what the administration is doing is in order.

What Kirby may have been attempting to do is frame the situation as an internal ethnic conflict between Shi’ite groups who are independent of Iranian influence. However, the overwhelming evidence is that Iran’s strategy is to create Iranian-controlled militias in the region’s crumbling nations to exert control and undermine U.S. interests while threatening American allies.

Statements like Kirby’s intensify Israel’s well-founded fears that America wants to pretend it doesn’t see Iran’s malign activity. Instead, the administration chooses to put all of its eggs in the JCPOA basket, focusing on the nuclear issue while ignoring Islamic imperialism. Almost no serious military or intelligence analyst believes the Islamic Republic of Iran does not control Shia militias, such as the Popular Mobilization Units in Iraq or Syria (local militias). Iran’s hegemonic ambitions carried out through its proxy network are a threat to be taken seriously.

A not-so-subtle warning for Israel not to attack Iran was posted by the White House in its Interim National Security Guidelines. The administration stated, “We do not believe that military force is the answer. … We will not give our partners in the Middle East a blank check to pursue policies at odds with American interests.” Is that a warning not to attack Iran in Syria, Iraq and Lebanon?

As in Lebanon, Iran is slowly swallowing Syria and Iraq. Iran’s Lebanese proxy Hezbollah is the dominant military force while effectively controlling its parliament. Iranian symbols appear everywhere, as though you were walking in Tehran. Iran’s Islamic Revolutionary Guard Corps (IRGC) martyr Gen. Qassem Soleimani was commemorated this year throughout the country with a massive statue placed in the center of the Lebanese capital Beirut. At rallies, Lebanese citizens under Hezbollah’s thumb wave the Iranian flag, not the Lebanese one.

What is groundbreaking in Syria is that Iran not only sent its IRGC troops with its Hezbollah proxy but has now recruited former Syrian rebels of local Sunni militias to create a permanent Iranian presence. The blueprint is the Hezbollah model in Lebanon. Iran’s goal is to surround Israel with its militias, proxies and allies, including Sunnis who are easily bought for money, bread or ammunition. Just think of the Sunni Arab Hamas terrorist organization in the Gaza Strip working with Persian Shi’ite Iran.

Alma, Israel’s best source for independent research on its northern border, has documented Iran’s support and control of Hezbollah, Shia militias, and now Iranian-controlled former rebel Sunni militias. This is groundbreaking information. The militias receive orders and salaries from Iran in conjunction with a well-thought-out civilian investment to support a long-term Iranian military entrenchment. In this way, Iran effectively takes control of weak nation-states like Syria, Iraq, Yemen, and Lebanon. For example, Iran is heavily involved in Syria’s post-war reconstruction, buying agricultural land, establishing community and educational centers to promote the Islamic Revolution’s values among the local Sunni population.

One should bear in mind that the IRGC’s Quds force’s raison d’être since the Iran-Iraq war of the 1980s is to spread the Iranian revolution throughout the Middle East while backing almost every terrorist Shia militia to further its goal. Thousands of IRCG soldiers and commanders operate beyond Iran’s borders, leading and strategizing on how to get the United States out of the Middle East and put Israel out of existence.

This is based on the concept of velayat-e faqih, or “guardianship of the jurist,” which gives absolute religious authority to the Iranian Supreme Leader, who is in charge of the world’s Shi’ites. Shias are thereby obligated to support the Islamic revolution everywhere in the world. The Biden administration should be cautious replacing radical Sunnis like ISIS and Al-Qaeda with extremist Iranian Shi’ism.

More than half of the pieces are in place to surround Israel. Next on the target list is the West Bank and Jordan to surround Israel with the threat of missiles and militias under Iranian control. All in preparation for a day when Islamist Iran unleashes its proxies to devastate Israeli civilians and destroy Israel’s infrastructure, with the hope that Israelis will abandon the Zionist experiment.

Going forward, U.S President Joe Biden, Secretary of State Antony Blinken, National Security Advisor Jake Sullivan and Defense Secretary Lloyd Austin should make clear the obvious. Iran is responsible for Shia militias’ creation and actions that threaten Middle East stability and American soldiers’ lives, and that rejoining the JCPOA should not obscure that fact.

Dr. Eric R. Mandel is the director of MEPIN, the Middle East Political Information Network. He regularly briefs members of the U.S. Senate, House and their foreign-policy advisers. He is a columnist for “The Jerusalem Post” and a contributor to i24TV, “The Hill,” JTA and “The Forward.”

The Senate’s Role in Military and International Affairs

{Previously published by the JNS}

U.S. President Joe Biden ordered airstrikes late last week in eastern Syria against the Iranian-controlled militias, Kata’ib Hezbollah and Kata’ib Sayyid al-Shuhada. This was in retaliation for their most recent attack against an American base in northern Iraq (Kurdistan) that injured an American soldier and killed allied personnel.

According to Politico, “The Biden administration is taking heat from fellow Democrats as lawmakers pressure the White House to provide a legal justification for (the) airstrike…giv(ing) new ammunition to lawmakers who want to roll back broad presidential war powers (claiming) offensive military action without congressional approval is not constitutional.”

For years, I have written and urged members of Congress to exert their constitutional role in foreign affairs and not be a rubber stamp for executive actions, whether they are kinetic or diplomatic. Democratic Sens. Chris Murphy of Connecticut and Tim Kaine of Virginia—members of the Senate Committee on Foreign Relations—claim that Congress must be consulted according to the War Powers Act (2002 Authorization for Use of Military Force in Iraq) for military actions. Their goal is transparent: extricate America from its forever wars in the Middle East. Last year, the Democratic-controlled House voted to end military actions against Iran after the U.S. strike against Iranian terror mastermind Gen. Qassem Soleimani for directing strikes against the U.S. embassy in Baghdad and bases in Iraq.

Although I disagree that the president has to clear all military actions with Congress, Congress does have a right to demand that they be briefed on significant engagements. Their opinion is to be taken seriously. However, the final decision is still with the president. Senators have many ways of punishing a sitting president if he/she does not take their advice with the proper respect it deserves.

Yet such punctilious study of the Constitution, as the senators claim, regarding the controversial use of war powers by this president is absent in their support of Biden’s desire to rejoin America’s most consequential treaty in 50 years without a Senate vote as proscribed by the Constitution.

The importance of the Iran nuclear deal—or Joint Comprehensive Plan of Action (JCPOA)—and its binding consequences demand the Senate’s deliberation and approval. Murphy and Kaine were against using the constitutional standard for treaties in 2015 and remain curiously silent today for members who demand that America follow the rule of law regarding the War Powers Act, which is legislative but doesn’t have the gravitas of the Constitution itself.

The Constitution demands that the president make treaties with the Senate’s advice and consent, providing two-thirds of the Senate vote in favor (Article II, section 2). Murphy and Kaine want to check presidential power concerning military actions, which is their prerogative. However, abandoning the demand that the Senate be presented with the JCPOA as a treaty smacks of politicization that undermines American national security interests and the American people’s will.

Rep. Barbara Lee (D-Texas), a longtime anti-war advocate who also favors limiting presidential military actions, should be applauded for honesty. She makes it clear that military action should be stopped so as not to handicap America’s return to the Iran nuclear deal. This is something most advocates of the JCPOA choose not to articulate, hoping that the American people will not catch on. This is the same logic used by the Obama administration in not adding sanctions for Iran’s malevolent behavior after 2015, lest it cause Iran to walk away from its legacy foreign-policy achievement.

Lee’s wing of the party wants to give Iran a pass on attacking Americans and American bases. To say nothing of attacking its own people, being complicit in the Syrian genocide and its role in the humanitarian disaster in Yemen—all to rejoin a nuclear deal that guarantees a revolutionary Islamist Republic nuclear weapons while it vows to destroy the State of Israel and burn effigies of the Great Satan.

Unfortunately, advocates like Murphy, Kaine and Lee subscribe to the discredited idea that the nuclear agreement ends Iran’s ability to have a nuclear weapon. Although former President Barack Obama said the JCPOA “cuts off all of Iran’s pathways to the bomb,” he also said that in 2028, just seven years from now, “breakout times would have shrunk almost down to zero.”

So is a temporary pause in its nuclear program, which would end sanctions and empower this malign regime, something any president should be able to do of his or her own accord? The financial rewards of sanctions relief should be reserved for an indefinite end of their nuclear program, the end of the sunset provisions, and nothing less, something the current JCPOA does not do.

So which is it: Senators and the Constitution only when it is politically convenient, or doing what the Senate is supposed to do and look beyond the political fray and prioritize the Constitution and American national security interests?

As former Israeli Ambassador to the United States Michael Oren and Israeli journalist Yossi Klein Halevi wrote in Jan. 21 article “The Case Against the Iran Deal” in The Atlantic: “Reviving the JCPOA will ensure either the emergence of a nuclear Iran or a desperate war to stop it.” It is hard to believe that Kaine and Murphy would want that.

Dr. Eric R. Mandel is the director of MEPIN, the Middle East Political Information Network. He regularly briefs members of the U.S. Senate, House and their foreign-policy advisers. He is the senior editor for security at “The Jerusalem Report/The Jerusalem Post” and a contributor to i24TV, “The Hill,” JTA and “The Forward.”

Will Riyadh, Manama be Iran’s next targets?

{Previously published in The Jerusalem Post}

It has been seven years since an Iranian member of parliament, who reportedly was close to the Supreme Leader, claimed Iran already controlled four Arab capitals. This occurred after Iranian supported Shia rebels, the Houthis, conquered the Yemeni capital of Sanaa. So what are Iran’s next targeted Arab capitals? 

Iran is more patient than the West, willing to wait years for the right opportunity to pounce. Riyadh, Saudi Arabia, the capital of the desert Kingdom, is undoubtedly high on the theocratic Islamist Republic’s list, especially as the holiest cities in the Islamic world, Mecca and Medina, are ruled by their rival, the Sunni Saudis. American policy makers underestimate Iran’s desire to export its revolutionary message; rejoining the JCPOA will do nothing to moderate their determination to change the face of the Islamic world by in effect conquering the region.

Today, Iran effectively controls Beirut, Lebanon through its Hezbollah division. Baghdad, Iraq is under Iranian influence through control of the Iraqi Parliament’s pro-Iranian majority, and their affiliated Iraqi militias under the Iranian Republican Guards Corps’ authority. Damascus, Syria is in the Iranian camp because Syrian President Assad acquiesces in Iranian control throughout southern Syria being grateful for them saving his despicable regime, and also powerless to resist their entrenchment there anyway. 

And in Sanaa, Yemen, the Iranian proxy Houthis are on the march again, looking to permanently control the vital Bab El Mandeb passage between the Red Sea and the Gulf of Aden. This strategic choke point connects the Mediterranean Sea with South Asia and the Far East through the Suez Canal. 

The Iranians next Arab capital to target could be Manama, Bahrain. Iran considers Shiite majority Bahrain its own. If the Iranians feel empowered by American weakness over time, Bahrain may be targeted by Iran to test America’s resolve to curb Iran’s imperialist ambitions. If this occurred and America did not back Saudi efforts to fight an Iranian incursion on the western bank of the Persian Gulf, a stone’s throw from Saudi territory, it would be a major destabilizing development for the region. The JCPOA’s sanction relief fuels the fire.

The Biden administration is gaining a reputation for itself in the Middle East as willing to talk the tough talk against adversaries, but America’s Sunni Arab allies don’t believe Biden’s crew are willing to walk the walk of tangible actions that match their rhetoric. Timothy Lenderking, the US special envoy for Yemen said the US is “not going to allow Saudi Arabia to be target practice,” reacting to the recent increase in missile and drone attacks against the kingdom. Yet White House spokesperson Jen Psaki undermined the credibility of that support by saying, “We’ve made clear from the beginning that we are going to recalibrate our relationship with Saudi Arabia.” The Iranians are loving it.

Noting more contradictory messages, according to AP, the State Department warned Houthi rebels to stop killing civilians, “just 48 hours after moving to strike the group from a terrorism blacklist.” State Department spokesman Ned Price said, We urge the Houthis to refrain from destabilizing actions.” I am sure they and their Iranian patrons are shaking in their boots. 

The message is clear to Iran: rejoin the JCPOA, and we will only challenge you rhetorically. In reality, we will turn a blind eye on your missile development, attacks on US allies, undermining Iraq, and your human rights behavior, from targeting gays and women who don’t toe the line, to assassinating your political opponents. Empty rhetorical warnings. Sounds like the Obama administration all over again. 

Just think of the chemical weapons red-line that Syria crossed and Obama blinked, undermining American credibility throughout the world. Biden’s resurrection of the Obama administration’s Middle East team sends at best mixed signals to Israel, while making our Gulf allies feel more vulnerable to abandonment. 

As the former director general of the Israel’s Ministry of Strategic Affairs General Yossi Kuperwasser said, Iran doesn’t believe President Biden would put all military operations on the table. Iran is a good poker player and they know the current administration is bluffing.

BUT THE most prized Iranian Arab capital is Riyadh, Saudi Arabia. The Supreme Leader and his Shiite revolutionary regime’s primary desire is the Arabian peninsula where Mecca and Medina, the holiest cities in Islam are located, and it galls them that are under Sunni control. Shiite Iran believes, and with some justification, that Shiism has been delegitimized by Sunnis over the centuries. The Islamic Republic of Iran believes its destiny is to control the Middle East and beyond, based on a dangerous mix of modern political Islamism with ancient Persian imperialism.

Last year’s devastating cruise missile attacks against Saudi Arabia, emanating from Iranian-controlled proxies in Iraq and Yemen, exposed the soft underbelly of Saudi defenses. Despite its size and strategic depth, Saudi Arabia’s vastness is also a vulnerability where anti-missile and drone defense is a more complex challenge than in Israel, whose Achilles heel is the opposite, having too little strategic depth. 

The message Iran hears from America is that the US is distancing if not abandoning Saudi Arabia. Based on this assessment Iran is going to test American limits to see how far it can go before the US is forced to act and support its Sunni allies. Nothing makes this more explicit then when the administration repeatedly says the nuclear agreement is entirely separate from all of Iran’s other malevolent activity, and sanctions will be rescinded by simply returning to the JCPOA. 

Iran’s strategy is to increase their provocative behavior as a bargaining chip to gain leverage in negotiations with America. For example, Iran will be rewarded in negotiations for stopping Iranian-controlled attacks against Saudi Arabia, knowing that billions of dollars are on their way into the Supreme Leader’s and the Republican Guards’ coffers. They can always return to their aggressive behavior at a more opportune time when America is distracted with other foreign policy challenges. 

Saudi Arabia is a flawed ally seen by the Biden administration as murderers in light of the Khashoggi assassination. In the words of President Biden, it is a “pariah” nation. Yet its strategic location and the free flow of oil is still a Western priority for the stability of the world economy. 

The best way to change the Saudis’ human rights behavior and curb its nuclear ambitions in response to the JCPOA is to quietly pressure the Kingdom behind the scenes, with an implied threat of a distancing of relations if it doesn’t improve its behavior. However, the Biden administration’s public chastisements and public abandonment threats only embolden the Iranians, destabilizing the region by inviting Iran to take more risks against Saudi Arabia through their proxy network. And it will force Saudi Arabia to turn to China as their superpower friend, something not in America’s national security interest. The Chinese are already binding many of the region’s players through their Belt and Road economic initiative.                                                                                                                                                 
It was music to the Iranian Supreme Leaders’ ears when Biden said he “would make it very clear we were not going to … sell more weapons” to Saudi Arabia.” 

Biden has already snubbed the Crown Prince (MbS), stating that he will not speak with him directly, only his ailing father. But MbS is the de facto leader and will likely control Saudi Arabia for the next 50 years.  

But just as I would recommend that Biden speak to MbS, I even more strongly recommend that he talk directly to the only real power in Iran, the Supreme Leader. The claim that the Iranian President has independent decision-making power is ludicrous. It plays into their negotiating strategy, which they used brilliantly to their advantage from 2012-2015 with John Kerry, Robert Malley and Wendy Sherman. 

America’s goal for the Middle East is stability, not the virtually impossible resolution of it many age-old conflicts. The best path for American, Israeli, and allied national security interests is to encourage and nurture the Abraham Accords, which are the most effective non-kinetic counterweight to Iran at this time. 

Desperately trying to revive the current form of the JCPOA without concurrently prioritizing the normalization between Israel and Saudi Arabia sends the wrong message to Iran. American weakness increases the chance for Iran to take aggressive actions and the possibility of Shiite control of Saudi Arabia in this generation. That is something not in American national security interests, unless we want to be pulled back into another Middle Eastern conflict.

The writer is the senior editor for security at The Jerusalem Report. He is the director of MEPIN, the Middle East Political Information Network. He regularly briefs members of the US Senate, House of Representatives, and their foreign policy advisers. His work appears in The Hill, RealClearWorld, Defense News, JNS, Thinc., JTA, the Forward, Israel-Gulf Report, and Israel Hayom among others.

Republicans Should Insist Biden Submit the JCPOA as a Treaty to the Senate

{Previously published by the JNS}

The Obama-Biden administration claimed in 2015 that the Iran nuclear deal—the Joint Comprehensive Plan of Action, or JCPOA—was a non-binding agreement requiring only executive action. Critics claimed that it was consequential enough that the U.S. Constitution required that it be submitted to the U.S Senate as a treaty. A CNN politics article at the time asked, “If it looks like a treaty, walks like a treaty, and talks like a treaty, is it a treaty? According to the White House, only if the president of the United States says it is.” The late Sen. John McCain (R-Ariz.) was blunter: “This is clearly a treaty. They can call it a banana, but it’s a treaty.”

So does it still matter that political sleight of hand was needed because the Obama-Biden White House was more than 20 Senate votes short of being able to pass it as a treaty in 2015? The answer is yes. Joe Biden, now U.S. president, intends to fast-track rejoining the JCPOA as one of his major foreign-policy priorities, only requiring Iran to return to compliance with the agreement, acting under the same executive prerogative that former President Barack Obama used.

What is not reported but must not be forgotten is that if Iran re-enters the JCPOA in 2021, it will have no limitations on uranium centrifuge use in just five years’ time (2026). It will have the ability to enrich uranium to 90 percent weapons-grade with international approval in just 10 years’ time (2031). And the pièce de résistance for the Supreme Leader is not a single U.N. nuclear inspector will be allowed at an Iranian undeclared nuclear site in just nine years’ time (2030).

That’s a far cry from the Obama-Biden administration’s promise when they said repeatedly, emphatically, they would not sign a deal that would allow Iran to develop a nuclear weapon. Let’s leave aside the elephant in the room: that the Obama team chose not to address development of nuclear-capable missiles—one of the three pillars of a nuclear-weapons program.

Just because Republicans don’t have a majority in the Senate in 2021 and failed to stop Obama from implementing the 2015 deal by executive action doesn’t mean they should be mute. They need to follow their constitutional responsibility and point out to an uninformed American public that constitutional issues were sidestepped six years ago and are even more relevant today for our nation’s security, as we are that much closer to the dates the agreement permits the Iranian regime to become a nuclear-armed bully, immune to attack.

Republicans should ask Biden to follow the Constitution’s intent and finally submit the JCPOA for Senate ratification as a treaty. It should not outsource American security interests to the United Nations as was done in 2015, when the Obama White House used a U.N. Security Council Resolution (2231) to bind America to the agreement, which the legislative branch of the American people had not been given its proper opportunity to consider. It may not make a difference, but it will make an important point.

This is not about politics; it is about the rule of law. According to the U.S. Senate website, “the Constitution provides that the president “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur” (Article II, section 2). The Constitution’s framers gave the Senate a share of the treaty power in order to give the president the benefit of the Senate’s advice and counsel, check presidential power, safeguard the sovereignty of the states by giving each state an equal vote in the treaty-making process,” ensuring that the arguments pro and con would be made openly.

Two wrongs never make a right. Like Obama, Biden is subverting the intent of the Constitution by not submitting the most critical American international agreement of the 21st century to the Senate as required.

So why did Obama not submit the JCPOA to the Senate? According to former Secretary of State John Kerry, answering a congressional question under oath, said that the administration did not do so because, “I spent quite a few years ago trying to get a lot of treaties through the United States Senate. … And frankly, it’s become physically impossible. That’s why. … So we thought that the easiest way to get something that … could achieve our goal was through a political agreement.”

According to Kerry, “We’ve been clear from the beginning. We’re not negotiating a ‘legally binding plan.’ ” This was outrageous then, and it still has relevance today as the Biden administration has said it will return to the same JCPOA without any plans to amend the profound flaws that have become self-evident in the past several years. Republicans should take the constitutional high road and again demand the president submit the JCPOA to the Senate. There should be no political loophole for something so crucial to American national security.

In 2021, much like as in 2015, the mainstream news media has not done their job, educating the public about the constitutional implications of the approach both administrations have chosen. Instead, they have obscured the constitutional argument because of their political sympathy for the merits of the nuclear deal.

As David Rivkin, a constitutional law expert who worked for former President George H.W. Bush, said: “Any international agreement requiring major undertakings on the part of the United States, such as the proposed Iran deal, must be sent to the Senate for advice and consent. …The Constitution is quite clear.”

In 2015, the administration outplayed the Senate leadership in not demanding a treaty vote, turning the “legislation treaty ratification process under the Constitution upside-down. Instead of 67 Senate votes to ratify a treaty, the bill would require 67 votes to block Obama from carrying out any agreement.”

That’s impressive on a political level, but at the very least, constitutionally challenged. Presidents of both parties over the years have on occasion been autocratic on foreign affairs, asking Congress to give a rubber stamp to the executive branch. However, when something as important and controversial as a nuclear agreement with a leading state sponsor of terror comes to the fore, the correct choice then and the correct choice now is submitting it to the Senate as a treaty, even if the chance to convince Biden is remote.

Dr. Eric R. Mandel is the director of MEPIN, the Middle East Political Information Network. He regularly briefs members of the U.S. Senate, House and their foreign-policy advisers. He is a columnist for “The Jerusalem Post” and a contributor to i24TV, “The Hill,” JTA and “The Forward.”

Do America’s Iran experts understand today’s Iran and its goals?

Ken Pollack, a resident scholar at the American Enterprise Institute said, “For many years, I have assured people that it is easy to be an expert on Iran because there are really only two answers to any question… ‘I don’t know’ and ‘It depends’… Someday we may learn Iran’s true rationale and it may have nothing to do with anything that the United States or the West believes.”

This lesson in humility is in short supply today, especially among those advocating for President-elect Joe Biden to immediately rejoin the JCPOA (Iran nuclear deal).

According to Politico, “A bipartisan coalition of former defense secretaries and diplomats is calling on Biden to swiftly rejoin the Iran nuclear deal.”

In the House of Representatives, the incoming chairman of the House Foreign Affairs Committee, Greg Meeks, spearheaded a letter urging Biden to “rejoin the agreement,” which would in effect end sanctions, with “subsequent follow-on negotiations” to address any flaws in the original agreement.

Voluntarily giving up all of the leverage of the punishing sanctions, saying you expect reciprocity and fair play in return, would be equivalent to diplomatic malpractice.

BEFORE WE go headfirst back into an agreement with such profound national security implications for both America and Israel, wouldn’t it be wise for all of the experts, diplomats and politicians to take a deep breath and ask themselves, how much do my political views influence my recommendations? Responsibility dictates that all who weigh in, take the time and ask themselves challenging questions before “swiftly” rejoining what even supporters of the JCPOA call an imperfect deal.

1. Do you believe that rejoining the JCPOA will decrease Iran’s hegemonic ambitions, improve its human rights record, curtail its missile development or decrease its clandestine nuclear work?

2. Do you believe offering carrots such as ending sanctions will be reciprocated, knowing their malevolent behavior accelerated immediately after the JCPOA went into effect in 2015?

3. Do you believe pausing some of their nuclear activity in exchange for an unregulated Iranian nuclear weapons program in the future is a fair trade?

4. Will you call on Biden to impose crippling sanctions for their non-nuclear activities?

5. Do you believe the US will have any leverage for further negotiations if it relieves sanctions before renegotiating?

TO ANSWER any of these questions, you need to ask one more question: Is Iran of 2021 fundamentally different from the vision of Ayatollah Khomeini and the ideals which motivated the 1979 Iranian Revolution?  

Transparency is often in short supply in Iran, so it is anyone’s guess what is happening or what they think. One fatal flaw experts should disabuse themselves of is to believe that anyone other than the supreme leader can make significant decisions independently.

Once Ayatollah Khamenei passes, the extremist Revolutionary Guards’ influence will grow and the next supreme leader will be even more reliant on and under the influence of the Guards’ leadership.

Front-runners for supreme leader include Ebrahim Raisi, whose resume consists of the “mass executions of political prisoners” and the current ayatollah’s son, Mojtaba Khamenei, who was in charge of the crackdown of the Green Revolution in 2009 when millions took to the streets against the regime and were abandoned by President Obama in his hope for rapprochement with the regime.


Although the Iranian leadership’s priority is its survival, its core is revolutionary, which is often discounted by the experts. It views its Arab neighbors with condescension and believes that they should be subservient. The supreme leader’s decisions are based on religiosity and Shi’ite supremacy. Protracted negotiations are simply a tool used to mislead a gullible West and buy time, as they know the West is inpatient, while they strategize with a timeline in decades and centuries.

As Ken Pollack said, Iran’s goal is to dominate the region, promulgating a “philosophy of theocratic governance that he [Khamenei] believe[s] should be adopted by all Muslim nations, if not the entire world… to help them spark ‘Islamic’ revolutions of their own.”

According to a translation by the Middle East Media Research Institute (MEMRI) of the supreme leader, a “second phase of the Islamic Revolution” will transform all of humanity into “a new Islamic civilization.”

EVEN THOUGH Iraq, Lebanon, Yemen and Syria are now under Tehran’s sway, experts still underappreciate Iran’s expansionist vision. For a religious nation, its ethics are suspect. It claims that it is against Islam having a nuclear weapon but for decades it has clandestinely been building its infrastructure while supporting terrorists of all stripes, including Sunnis, in its quest for dominance in the region.

Add to this a good dose of paranoia, some justified, and one questions how experts on Iran are comfortable granting them a glide path to a nuclear weapon in exchange for a temporary pause in accumulating nuclear material, without an American inspector ever allowed to visit a military nuclear site.

Some recommendations for our experts who are advising Biden:

Veteran Washington Post journalist David Ignatius says, “Sometimes in life, the best thing to do about a problem is nothing, at least initially. As President-elect Joe Biden prepares to take office, that may be the best advice about the Middle East. Don’t hurry to restart nuclear negotiations with Iran. Setting that table will take a while, and our diplomacy should seek to stabilize the whole region – from Lebanon to Yemen – and not just revisit the Iranian nuclear file.”

WITH IRANIAN elections scheduled for 2021, the experts need to end the false distinction between Iranian good guys and bad guys, moderates vs. hardliners. President Hassan Rouhani was declared a moderate by the Obama administration and media, but in reality, he is the most moderate extremist in the Iranian leadership, as he is a true believer in the revolution’s goals.

He is an anti-American hardliner with a more moderate demeanor, who skillfully employs a foreign minister who hoodwinked an American secretary of state and his minions during the 2015 Iran negotiations.

Patience is the byword for the Biden Iran experts who are chomping at the bit to resurrect President Obama’s foreign policy legacy, blinded to the reality of Iranian leadership that will not fundamentally change and will continue to take advantage of Westerners who only see what they want to.

The writer is the director of MEPIN, the Middle East Political Information Network. He regularly briefs members of the US Senate and House of Representatives and their foreign policy advisers. He is senior editor for security at The Jerusalem Report/The Jerusalem Post. His work appears in The Hill, RealClearWorld, Defense News, JTA, JNS, Thinc., the Forward and Israel Hayom among others.

Kerry’s gift to Pompeo: The end of the Iran arms embargo this fall

In January 2016, the International Atomic Energy Agency certified that Iran had complied with all of its obligations under the JCPOA (nuclear deal). The Obama administration responded by saying, “That will ensure Iran’s nuclear program is and remains exclusively peaceful.” At that time, the White House assured Congress and the American people that the deal would apply only to Iran’s nuclear weapons program, not to any of its other nefarious activities.

To reassure the majority of the American public who were against cutting a deal with the world’s leading state sponsor of terrorism, the White House said, “Sanctions on conventional weapons, WILL REMAIN IN PLACE UNDER THE IRAN DEAL,” according to the official White House website whitehouse.gov. “UNDER THE IRAN DEAL, THE US WILL ONLY LIFT NUCLEAR-RELATION SANCTIONS,” again in bold letters for emphasis.

Yet last month, Secretary of State Mike Pompeo was forced to start a process to extend the arms embargo on Iran that is scheduled to end this October. Didn’t president Obama promise that the nuclear agreement was only about nuclear issues?

In one of the great sleight of hands for any executive branch, especially for an administration that claimed it was the most transparent in history, the White House purposely obscured the fact that the JCPOA and the accompanying United Nations Security Council Resolution (UNSCR) 2231 – which were supposed to enshrine the JCPOA in international law – were not the same document, allowing both the US and Iran to maintain a fiction on what the Iran deal really meant and what would be respected.

So it comes as a shock to the American people that any future administration would need to deal with Iranian conventional weapons purchases that Obama seemingly promised would not be part of the nuclear deal.

None of this should be a surprise.

Back in 2015, Iranian Foreign Minister Mohammad Zarif and Deputy Foreign Minister Abbas Araghchi made it clear that they viewed the two documents as completely different.

A MEMRI (Middle East Media Research Institute) translation of Araghchi’s comments said, “We told them [the Americans] explicitly [if you insist on including these articles on the arms and missile embargoes in the JCPOA], there is no agreement, and we will not accept an agreement in which embargoes on weapons and missiles continue.”

MEMRI commented at the time, “The Iranian perspective regarding UNSCR 2231 hinges entirely on its non-binding nature. Iran deems only the JCPOA to be binding… Iran insisted on relegating disputed issues [arms embargo, ballistic missiles] to UNSCR 2231.”

Iranian President Hassan Rouhani said after the agreement, “There is nothing in the JCPOA about missiles, defense and weapons. Those that exist are in [UN Security Council] Resolution 2231…. In this new resolution, restrictions have been proposed instead of sanctions. The export and import of weapons have been converted from a permanent ban to a five-year restriction.”

Yet former secretary of state John Kerry and chief negotiator Wendy Sherman somehow spun losing out on a long-term ban and accepting a five-year restriction on conventional arms sales as a success. They said if they didn’t accept ending the ban in five years, the whole nuclear agreement would have fallen apart.

So they blinked and we are now dealing with a terrorist state being able to purchase sophisticated weapons systems in less than six months. They capitulated by moving anything objectionable to the Iranians to an obscure Annex B in UNSCR 2231.

That is how the Obama administration could technically say the JCPOA only dealt with nuclear-related activities, while transferring contested issues that were not respected by the ayatollah and the Revolutionary Guards to UNSCR 2231.

FAST FORWARD to May 2020, and we are only months away from Iran being able to buy any conventional weapons with full international approval. They will also be able buy ballistic missiles in just two more years.

So now Secretary Pompeo, for US security interests, is trying to extend the conventional arms embargo by a surprising tactic, claiming the US still remains part of the UNSCR 2231, even though it withdrew from the JCPOA. That is a fine line to walk.

The Obama administration created the fiction that the JCPOA and UNSC 2231 were the same, while using their differences when convenient. So you cannot cry foul when Pompeo is doing the same thing. This was the deck handed to him by Kerry.

According to David Sanger, writing in The New York Times, the Trump administration is developing a “strategy to pressure the UNSC to extend an arms embargo on Tehran, or see far more stringent sanctions reimposed.”

The strategy asserts that the US is still a participant of UNSCR 2231 but “only for the purpose of invoking a snapback of preexisting [sanctions].”

This will be an uphill battle, as Russia, China, Germany and France will claim that since Trump withdrew from the JCPOA in 2018, he also withdrew from UNSCR 2231. They would all like to sell arms to Iran (especially Russia, for a much-needed cash infusion in the post-COVID-19 era), while sticking a thumb in the eye of Donald Trump.

They ignore that the arms will strengthen Iranian hegemonic expansionism that has been crucial in supporting the Syrian genocide, or the reality that today the Iranian controlled militias have turned Iraq into an Iranian puppet. The proponents of the Iran nuclear deal can’t blame Trump for Iran’s ability to buy arms this fall; that is their work, and it would have happened on the watch of any president.

Germany, France and the UK were part of the Obama chorus that not only sold the JCPOA as a way to stop the Iranian nuclear program, but as a way to incentivize Iran to return to the family of nations. They all reassured skeptics that this would moderate Iranian behavior.

Considering that just 10 days after the JCPOA agreement Iran sent terrorist mastermind Qasem Soleimani to Russia to create a plan to carve up Syria, you would think that these democracies would be hesitant to sell weapons to Iran. The only thing that will stop Germany and France would be Trump sanctioning those countries’ industries for doing business with Iran. If they think they can get away with arms sales to Iran without financial penalty, they will. The UK under Boris Johnson may resist.

Pompeo’s strategy is to claim the US is still part of UNSCR 2231 and to use that leverage to either extend the arms embargo with a new UNSCR, or force the Security Council to institute snapback sanctions against Iran. No matter what one thinks about the Iran deal, the question remains: How can democracies, in good conscience, support selling arms to the Islamic Republic this fall?

The writer is the director of MEPIN (Middle East Political Information Network) who regularly briefs members of the Senate, House and their foreign policy aides, as well White House advisers. He is senior security editor for The Jerusalem Report, and his work has appeared in The Hill, JNS, JTA, and Defense News.

Where Do We Go from Here with Iran?

{Previously published in the JNS}

We need to look at the new possibilities and perils in the post-Soleimani era.

The assassination of Qassem Soleimani, the longtime commander of the Islamic Revolutionary Guard Corps (IRGC), has profoundly changed the playing field between the United States and Iran. For the first time since 1988—when U.S. President Ronald Reagan responded to Iranian provocations in the Straits of Hormuz by sinking Iranian warships and destroying two oil platforms—tangible consequences were imposed on the regime. Iran’s Supreme Leader Ayatollah Ali Khameini and the IRGC are now forced to revisit their decades-long assumption that America would not respond militarily to its nefarious behavior, and the United States needs to develop a strategy to take advantage of its newfound leverage.

As former Under Secretary of Defense Eric Edelman and former director at the National Security Council Franklin Miller wrote in The Wall Street Journal, “deterrence works only if the threats are credible … his death is the first time the regime has lost something of value in its conflict with the United States.”

We cannot let the proportional response of Iran fool us. The foundational core of the regime remains revolutionary and expansionistic: Their goal remains ejecting the United States from the region and acquiring nuclear-weapons capabilities to become immune to regime change and dominate the region.

What is still open for debate and in American hands is how to manage this unrepentant tiger going forward, especially with all Democratic candidates pledging to return to 2015 nuclear deal (the Joint Comprehensive Plan of Action, or JCPOA) and remove U.S. President Donald Trump’s sanctions, while the president might decide to remove all troops from Iraq.

Critics are focused on the constitutionality of the targeted assassination. Yet they seem to have forgotten that the recent Iranian attack on the U.S. embassy in Baghdad itself was an act of war, directed by Soleimani. It can be argued the killing was or wasn’t strategically wise, but that Trump was well within his rights to make that decision.

As international-law expert Alan Baker of the Jerusalem Center for Public Affairs said, “at any given moment, Soleimani was heavily involved in the planning and execution of massive acts of terror,” making him a legitimate target under international law

Trump used his post-assassination speech to emphasize that the Iranian nuclear program is still foremost in his mind. With foreign policy now at the center of partisan debates, how we deal with that reality going forward moves to the top of the list.

Steve Rabinowitz and Aaron Keyak, consultants to President Barack Obama in support of the nuclear deal, write “Obama’s will to reach across divides and engage with Iran also emboldened its moderates.”

Was Soleimani, the chief architect of Iran’s expansionist ambitions, more or less aggressive after the JCPOA, or did he perceive the president’s sanctions relief as appeasement, something to be taken advantage of? Let’s look at the facts.

Start with the claim that the JCPOA “emboldened its moderates,” i.e., to be more moderate. What is the definition of a moderate in Iran?

It must be remembered that the “moderate” President Hassan Rouhani was one of only six hard-line candidates out of more than 600 presidential aspirants to be allowed by Khameini to run in the “election.” So the definition of a moderate for the last administration was a hardline Islamist who appointed a smooth-talking English-speaking foreign minister who manipulated and charmed his way into the heart of former Secretary of State John Kerry. Worse, the Obama administration never imposed any of the promised consequences after the nuclear deal in regard to its missile development, expansionism, human-rights abuses or terrorism.

Soleimani and Khameini looked at the deal as a pathway to remove America from the region, and solidify their control of the Shi’ite Crescent from Iraq to Syria to Lebanon. Just 10 days after the deal was agreed to, Soleimani was in Moscow meeting with Russian President Vladimir Putin, where they agreed to save Syrian President Bashar Assad. One of the sad legacies of the Obama administration was indirectly funding the ethnic cleansing and genocide in Syria by empowering Soleimani with billions in new financial resources.

Most importantly, it must be remembered that the JCPOA gave Iran—a terror state—the right to enrich uranium, which was completely unnecessary and unprecedented if they only wanted nuclear energy. They could do what every other non-nuclear state that uses nuclear energy does: import low-enriched uranium from the United States, China or Russia, under strict controls.

Going forward with Iran requires a re-evaluation of what was conceded. A new agreement must fix the “no inspections at military sites” provision, the most likely place for clandestine nuclear R&D that, according to my sources, became even more relevant after the Israelis stole Iran’s nuclear archive in Tehran, documenting previously unknown nuclear military sites that are still being studied as possible future targets.

We need to look at the new possibilities and perils in the post Soleimani era. Trump’s seemingly red line—the death of American—may have boxed him in. What happens if Iran mines the Strait of Hormuz, but no Americans are killed? It remains to be seen what the rules are to be.

The way forward—short of regime change by the Iranian people, which should be an American goal—is to lower the flames of confrontation in Iraq. Iran won’t stop making trouble in Iraq, as it wants it to become a vassal like Lebanon. American interests require a presence in Iraq with a small footprint, while reassuring the Iraqi Kurds that they don’t have to make a deal with Iran for survival.

Israel will continue to hit Iranian precision-guided missiles in Iraq being transited to militias in Syria and Lebanon. Will Iran use Israeli strikes that kill Iranians in Iraq as a pretext to attack American interests in Iraq?

If Trump has a second term, will he be comfortable with a small but effective American presence in the Middle East? And if a Democrat is our next president, will that administration move beyond the campaign rhetoric, and realize the JCPOA is comatose and unrevivable in its current form? Will they come to realize that a new Iran nuclear agreement that forever ends their nuclear-weapons program and incorporates constraints on their nefarious activities throughout the region is the only realistic choice for American security interests?

Dr. Eric R. Mandel is the director of MEPIN, the Middle East Political Information Network. He regularly briefs members of the U.S. Senate, House and their foreign-policy advisers. He is a columnist for “The Jerusalem Post” and a contributor to i24TV, “The Hill,” JTA and “The Forward.”

It’s Time for Europe to Stand With the Iranian People

{Previously published in The JNS}

What will it take for the international community to realize that no amount of money, accommodation or deference will change the DNA of Iran’s leaders, who are bent on eradicating Israel, and the ascendency of Shi’ism over Sunnis and minority populations living in the Mideast?

In Tehran, the mullahs have blamed the recent protests in Iran, Iraq and Lebanon not on their own repressive regimes and proxies, but on foreign and Zionist interference.

The Iranian Supreme Leader speaking to his Islamic Revolutionary Guard Corps (IRGC) Basij henchmen, blamed the Iranian people’s protests on foreign interference, thanking the Iranian people for the “hard blow to global arrogance and Zionism, forcing them to retreat.”

How long will the Iranian scapegoating against the West and Zionists work, when their economy is in shambles and the people yearn for freedoms that are an anathema to the Islamic Republic of Iran’s revolutionary agenda?

Repressive regimes have long used scapegoating as the preferred method to blame anyone but themselves for their violence, lack of human rights and economic failures.

The revolutionary Islamist Iranian theocracy shares elements with every authoritarian regime that imprisons and kills its own people, deflecting attention with scapegoating, but unique to Iran is its religiously sanctioned dissimulation—i.e., taqiyya, a precautionary dissimulation or denial of religious belief and practice in the face of persecution.

You would think that Europeans who supposedly learned the lessons of fascism in the 20th century would be particularly sensitive to a vicious state-controlled secret police—in this case directly controlled by the Iranian Mullahs, the IRGC and the corrupt Iranian government.

Like the Nazis who diverted resources even during militarily challenging times in 1944 when they choose to ramp up their master plan to kill all the Jews of Europe, the Iranian regime today chooses to divert its resources to surround Israel and support its proxies for the destruction of the Jewish state, instead of economically helping their people. You can understand this only if you realize how central a foundational pillar of the Iranian revolution is the destruction of Israel.

Yet Western Europe, including France, England and Germany, which tout their humanitarian records, have supported and treated the Iranian regime as a legitimate government—not as the world’s leading state sponsor of terror—and have even enabled the world’s foremost Jew-haters a path to nuclear weapons.

The European Union recently rejected by vote a “Made in Israel” label for every Israeli good produced over the 1967 Green Line, much like Jewish products were labeled in the 1930s by Germany. The Irish are even in the process of criminalizing anyone who economically profits from goods made in Judea and Samaria (West Bank). Yet an additional six E.U. nations this week joined the INSTEX bartering system to bypass American sanctions on Iran.

When did it become the policy of European Western democracies to be on the side of suppression, jihadism and illiberalism, and against the yearning of a people for liberation from their authoritarian suppressors, or perversely favoring Iran economically over Israel, the only democracy in the region?

According to The New York Times, Iraqi protesters screaming “Out Iran” have burned the Iranian consulate in the holy city of Najaf Iraq “in an outburst of anger at Iran.”

The best way to support Iranian protesters is not only to support their legitimate protests, but also the protests of the Lebanese and Iraqi people against their governments, who are in large part controlled by Tehran. If the Lebanese and Iraqi people can effectively challenge their Iranian-controlled political parties and governments, then it would encourage the Iranian people to continue to demand a change of their government.

Now is the time to state the obvious: It would be in American and allied interests for the Iranian people to be in charge of their own destiny.

That will not happen until there is a change of regime in Tehran—something that is a dirty word in the international community. But regime change will come not from American boots on the ground, as the critics contend is the real goal, but from the Iranian people themselves, who need and deserve our public and vocal support to take control of their lives both for their benefit and ours.

Unlike Europe, the Trump administration has not taken the easy path of accommodation, appeasement and willful avoidance of facts, but has provided tangible consequences to the Iranian Republic. Not only has it withdrawn from the tragically flawed 2015 nuclear deal that guaranteed an Iranian pathway to nuclear weapons in the future, but has rhetorically stood side by side with today’s Iranian protesters in profound contra-distinction to the last administration’s policy of silence during the Iranian Green Revolution of 2009, when the regime seemed vulnerable.

What will it take for Europe to wake up and realize that no amount of money, accommodation or deference will change the structural DNA of Iran’s leaders, who are bent on the eradication of Israel, and the ascendency of Shi’ism over Sunnis and minority populations living in the Middle East?

Since the 100,000-plus missiles of Iranian-controlled Hezbollah in Lebanon do not threaten Paris, Berlin or London, they rationalize away the true nature of the regime. It helps that they, too, habitually see Israel in a negative light.

Iran is not a rational state actor in the Western sense. It is, however, an Islamist rational actor with a well-thought-out hegemonic agenda to destroy the Jewish state and dominate the Middle East as in the long-ago days of Persian imperialism. Iran is a dangerous combination of longing for the glory days of Persian domination of its neighbors, married to a unique Twelver Shi’ite Jihadist desire to capture Mecca, Medina and Jerusalem.

Once the obvious conclusion is drawn that Iran cannot be changed or turned into a member of the international community in good standing, then strategies to deal with this reality can be created. The Iranian economy is on the ropes, and if only the Europeans would join the American sanction regime, the Iranian people could possibly take control of their destiny.

Dr. Eric R. Mandel is the director of MEPIN, the Middle East Political Information Network. He regularly briefs members of the U.S. Senate, House and their foreign-policy advisers. He is a columnist for “The Jerusalem Post” and a contributor to i24TV, “The Hill,” JTA and “The Forward.”

America Needs to Impose Consequences for Working with Iran

by Dr. Eric R. Mandel and Seth J. Frantzman

{Previously published in the JNS}

Why do we allow the Iraqi and Lebanese governments to have it both ways, receiving American taxpayer dollars while simultaneously working with Iranian-controlled militias?

Speaking at the summit of United Against Nuclear Iran, U.S. Secretary of State Mike Pompeo not only outlined all of Iran’s malevolent behaviors—from “murdering and torturing their own people, to killing Americans from Lebanon to Iraq, to harboring Al-Qaeda” while “protecting, hiding and preserving their nuclear know-how”—more consequentially warned nations that we will “sanction every violation of sanctionable activity” when it comes to Iranian trespasses.

So why do we allow the Iraqi and Lebanese governments to have it both ways, receiving American taxpayer dollars while simultaneously working with Iranian-controlled militias?

President Donald Trump has touted his maximum economic pressure campaign against Iran and its main proxy Hezbollah, claiming that it is the best way to undermine Iran. He has also avoided a kinetic military response to Iran’s many provocations against international law, including their attacks against shipping in international waters, the high-jacking of a British oil tanker and the attack against two major Saudi oil facilities, which was called an “act of war” by Pompeo.

Yet when it comes to the Iraqi and Lebanese governments who work with Iranian-controlled militias, consequences are not imposed. The prevailing logic is that these nations are too weak, and if we put pressure on their fragile governments, we will push them into the arms of Iran.

The evidence suggests otherwise, being more akin to a failed strategy that must be re-evaluated if our goal is to create some distance between Iran and those nations for the long term, while making any headway into stopping Iran from completing its land corridor controlling Lebanon, Syria and Iraq, while threatening Jordan, Israel and our Gulf allies. Iran views this American policy towards Iraq and Lebanon as a sign of weakness—something to take advantage of.

So when U.S. Assistant Secretary for Terrorism Financing Marshall Billingslea met with Lebanese Prime Minister Saad Hariri and Parliament Speaker Nabih Berri, and told him that according to AFP, increased U.S. sanctions on Hezbollah “will not target groups who are only tied to Hezbollah politically,’ “easing concern that the groups political allies, including [Lebanese] President Michel Aoun’s Free Patriotic Movement and Berri’s Anal Movement could be targeted,” it leaves you scratching your head to understand the logic.

David Schenker, Washington’s Assistant Secretary of Near Eastern Affairs, said “in the future, we will designate … individuals in Lebanon who are aiding and assisting Hezbollah, regardless of what their sect or religion is.”

So why do Aoun’s and Berri’s groups get a pass?

This policy is both contradictory and a counterproductive strategy for America’s stated goal of applying maximum pressure on Iran. It is based on the same failed logic European nations employ that allows Hezbollah’s “political” operatives to fundraise on European soil, knowing full well that the money ends up supporting terror in the treasury of Hezbollah’s military wing, a designated terrorist organization.

Ending this disingenuous legal fiction in Europe should be a priority of American policy. We should not use it to give cover to Lebanese or Iraqi political parties, ending the false distinction between the political and military wings of Hezbollah, or of Iraqi’s Shi’ite militias and Shi’ite political parties.

In Iraq, America has allowed Iran’s Islamic Revolutionary Guard Corps (IRGC)-controlled Shi’ite militias to be incorporated into the Iraqi military without any protest or consequences. We don’t know if American economic pressure with the threat of withholding aid for the Iraqi government would have worked, but what we do know with certainty is that the Iraqi government and military are dominated by Iran, with those Iranian Shi’ite militias controlling vast swaths of Iraq and Syria, connecting them to the strongest Iranian militia: Hezbollah in Lebanon.

American strategists also know that if U.S. troops leave Iraq, the sectarian war is likely to be reignited sooner than later, which is part of the logic to not make waves with the Iranian entrenchment into the Iraqi military and government.

It should be remembered that Iran controls Hezbollah; they are for practical purposes one and the same. We should not differentiate the political world of the Supreme leader from the IRGC, and we shouldn’t play a game claiming that just because a terrorist organization like Hezbollah provides humanitarian services, you can separate its many tentacles. For a Western mind, separation of church and state is logical. In this part of the world, however, religion and state are intertwined, as are the military and political activates of the revolutionary Islamic Republic of Iran, and its proxy Hezbollah.

The AFP said the United States “encourage(s) Lebanon to take the necessary steps to maintain distance” from Hezbollah.

The worst way to help Lebanon create separation from Hezbollah is to facilitate the continued cooperation of Lebanese Sunni, Druze and Christian political leaders, while not penalizing them for working with Hezbollah.

It is certainly true that Hezbollah is in charge of Lebanon with veto power for all important military decisions, despite some members of Congress pretending that the LAF and other political groups are somehow independent of Hezbollah’s heavy hand.

America has a misguided strategy for the Middle East, thinking that if it puts consequences on nations or political organizations that work with Iran or Hezbollah, it will push them into the arms of the Shi’ite theocracy.

It’s time to tell Baghdad that America won’t support your actions if you continue to get in bed with Iran, and in Lebanon, it’s time to do the same—first, by stopping U.S. military aid to the LAF and converting it to humanitarian aid unless they commit to tangibly distance themselves from Hezbollah and Iran. It doesn’t have to be perfect, but it must start on that path.

The challenges and risks of this strategy are real, but worth the risk. In Iraq, we should tell Mahdi that America needs a reliable ally, so we are going to independently send weapons to the Kurdistan Peshmegar, who have stood with the United States for more than 25 years, and hold the Iraqi government accountable for not sending money Baghdad is constitutionally obligated to send to the Kurdistan government. In Lebanon, we must lay down a clear marker that working with Iran and Hezbollah in any form crosses the line, and that consequences will follow.

Americans don’t want their taxpayer dollars supporting terror, even indirectly, and aid to Iraq and Lebanon that doesn’t aim to separate those nations from the world’s leading state sponsor of terror is an indirect form of helping Iran.

Dr. Eric R. Mandel is the director of MEPIN, the Middle East Political Information Network. He regularly briefs members of the U.S. Senate, House and their foreign-policy advisers. He is a columnist for “The Jerusalem Post” and a contributor to i24TV, “The Hill,” JTA and “The Forward.”

Seth J. Frantzman is executive director of the Middle East Center for Reporting and Analysis. A former assistant professor of American Studies at Al-Quds University, he covers the Middle East for “The Jerusalem Post” and is a writing fellow at the Middle East Forum. He is the author of “After ISIS: How Defeating the Caliphate Changed the Middle East Forever.”