Tag Archives: The Biden Administration

Biden needs to uphold US law on pay-for-slay

The Biden administration claims it can restore funding to the PA without violating the Taylor Force Act.

Published in the Jerusalem Post.

In 2017, Congress passed the bipartisan Taylor Force Act (TFA) to put an end to the Palestinian Authority (PA) practice of using US taxpayers’ dollars to finance “Pay for Slay,” a policy rewarding terrorists and family members of imprisoned and deceased terrorists. The legislation’s clearly expressed goal is to deny the PA funding until it stops their program of incentivizing and paying for the murder of civilians. 

The bill was named after an American Army veteran who had served in Iraq and Afghanistan and was killed by a Palestinian terrorist while visiting Israel. The PA media called his killer a “martyr,” and he was venerated throughout the Palestinian territories.

The Taylor Force Act requires the Biden State Department to issue a report to Congress for Acts of Terrorism. Despite the report’s conclusion that the PA “has not terminated payments for acts of terrorism to any individual (and) has also not taken proactive steps to counter incitement to violence against Israel,” the administration’s report states that the “Biden-Harris Administration has made clear its intent to restart assistance to the Palestinians in the West Bank and Gaza.” 

Which is to say, they intend to ignore the continued support of terrorism and resume supplying the money. 

WORKERS CLOSE the aid distribution centers of the UN Relief and Works Agency for Palestine Refugees in Rafah in February, protesting against the reduction in food aid.
(photo credit: ABED RAHIM KHATIB/FLASH90)

The Biden administration claims it can restore funding to the PA without violating the TFA. It claims its goal is to provide humanitarian assistance, rebuild trust with the Palestinians that was undermined by the Trump administration, economically stabilize the government while advancing the moribund peace process with Israel.

The Trump administration cut off funding to the PA and UNWRA, the UN agency that financially supports descendants of Palestinian refugees. The Biden administration is also planning as a goodwill gesture to reverse Trump’s decision to close the PLO / PA office in Washington, which was done to give more consequence to their continuing to incite and pay for terrorism. 

The State Department report is clear enough; it says the “PA expressed its intention to expend approximately $151.6 million in payments to convicted prisoners, administrative detainees, and former prisoners (and) expressed its intention to expend approximately $191 million in support of families of deceased Palestinians referred to as ‘martyrs’ by the PA.” In November 2020, PA President Mahmoud Abbas said they would “remain loyal to the souls of martyrs, the blood of injured, and the sufferings of prisoners… we will not abandon them.” 

The perverse incentive used by the PA is that the more gruesome and worse the attack, the more money the imprisoned “martyr” and his family receive through the PA’s Martyr’s Fund. The PA spends nearly $350 million per year on Pay for Slay, but just $220 million for its other welfare programs for the rest of its citizens. 

In Washington today, everything is seen through a political lens. In 2017, Senate minority leader Chuck Schumer said, “Abbas has to stop making payments to terrorists and their families, and all elected officials should call them out.” Will Schumer, now majority leader, challenge the president of his party to keep the pressure on the Abbas and enforce the law? Or will he go along with spinning some words to fashion a legal loophole to allow money to flow to the PA? The PA would like to create a legal fiction by distributing the money through the PLO, Abbas being both the president of the PA and head of the PLO. 

For the first time in 16 years, the Palestinian people will be voting for a new president and parliament. The list of potential candidates is not promising if you are looking for moderation. The leading candidates try to outdo one another with their non-conciliatory rhetoric and incitement of violence. 

The Biden administration should learn from prior administrations’ failures. America giving the PA carrots without reciprocal concessions has never been fruitful. As surely as the sun rises in the east, giving up leverage for nothing gets you nowhere with the PA/PLO. 

The administration needs to uphold the Taylor Force Act. 

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.”

How should Netanyahu approach the new Biden administration?

{Previously published by the JNS}

In the winter of 2015, one of Israel’s most senior security cabinet officials asked me what advice should he give to Israeli Prime Minister Benjamin Netanyahu, in regard to Speaker of the House John Boehner’s invitation to speak before the U.S. Congress, laying out his case of why the 2015 Iran nuclear deal, also known as the Joint Comprehensive Plan of Action, or JCPOA, was a “bad deal” for both Israel and the United States. My answer surprised him. I told him not to accept the invitation, but to wait a few months until the Israeli election was concluded. I learned later that Netanyahu’s former Ambassador Michael Oren also told him to decline the invitation. This is in contrast to Israel’s ambassador at the time, Ron Dermer, who incensed the Obama administration as the one who “orchestrated the invitation” and wrote much of the speech.

Why is this history relevant for Netanyahu in 2020? There is an analogy to today. He is likely to create conditions in 2021 for a new election to avoid handing over power as promised to Israeli Deputy Prime Minister and Defense Minister Benny Gantz. The Biden administration would likely be negotiating with Iran, once again at a time when Netanyahu’s hold on the leadership of Israel is in doubt, as it was in 2014. This should be kept in mind by the Israeli prime minister before he has his first meeting with the Biden people, and strategizes how he should approach the new administration.

The 2014 visit to Congress was ill-timed, coming before an Israeli election later that spring. If Netanyahu won and formed a coalition, he could then have come later in the spring with a stronger mandate as the newly re-elected leader of Israel with a better chance not to throw kerosene into the fire of American politics. Any newly elected Israeli leader would naturally have asked to come to speak to U.S. leadership. If an audience with the president were denied, it would have been seen by much of the American public as petty politics on the part of the Obama administration. According to an NBC poll at the time, 68 percent of Americans “believed Iran was not going to abide by the nuclear agreement.”

I was and still am a strong critic of the JCPOA, believing that it undermines American and Israeli security interests, being both dangerous and unprecedented in giving a nation on our terror list the right to enrich uranium.

Yet knowing all of that, I still told my Israeli friend to try and dissuade Netanyahu from coming to Congress in 2014, even though I knew that Obama and his team had completely misled the Israelis, keeping them in the dark about the secret negotiations despite assurances that they would be kept in the loop, knowing the JCPOA was an existential issue for Israel’s survival.Top of Form

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Although some blame the frosty relationship between Obama and Netanyahu for his administration’s actions, most think that U.S. Vice President Joe Biden’s relationship with the Israeli prime minister was always warmer. However, we don’t really know whether Biden will prove more sympathetic to Israeli interests than Obama was. We do know that he fully supported the JCPOA and was aware of the behind-the-scenes maneuvers to keep the Israelis in the dark.

The Obama administration policy from 2009 on was to create “daylight” between Israel and the United States, and to move closer to the Iranians. Keep in mind it was Biden who told the General Assembly of the Jewish Federations of North America, “Bibi, I don’t agree with a damn thing that you say, but I love ya.” That was 2014—the same year that the administration was secretly negotiating with Iran. So with act two of the JCPOA about to preview, it would behoove Israel and its supporters to review all of the history, mistakes and consequences related to the nuclear agreement.

In 2014, I spoke with the foreign-policy advisers of the chairman of the Senate Foreign Relations Committee, expressing my concern that they were being outmaneuvered by the Obama administration, which was cleverly creating a backdoor pathway for Senate approval of the agreement with only a minority of the Senate in favor of the deal. I emphasized that the JCPOA rose to the level of a treaty and should be submitted to the Senate as such, which would require 60 senators to vote in favor of its passage, as it was the most significant American foreign-policy commitment of the 21st century. In the end, the Obama administration brilliantly outmaneuvered the Republican leadership and was able to advance the agreement with something akin to an executive order, with only 42 senators in favor. The next year I was told by that same Senate office that when Europeans came to visit Washington, they were astonished that the JCPOA was not passed as a treaty.

If President-elect Biden re-enters the JCPOA or renegotiates a new agreement, will the 2021 Republican Senate try to weigh in? Will Netanyahu try a new approach, having learned the lessons of interfering in American politics? Biden promises to re-enter the deal in his first few months, so time will be of the essence.

The Obama administration took its revenge for the Netanyahu speech before Congress, when a year-and-a-half later, in December 2016, the United States orchestrated the passage of UNSC Resolution 2334, labeling any Israeli presence over the 1949 armistice line (1967 line or Green Line) an international crime and upending the UNSC Resolution 242, the keystone document that previously acknowledged that Israel was never supposed to return to the indefensible borders of 1967.

So how should Netanyahu approach dealing with Biden, knowing he wants to restart the JCPOA in a few months’ time and wants to fulfill his campaign promise to reopen the PLO mission in Washington, the U.S. Consulate in eastern Jerusalem for Palestinian use, and restore some funding to the Palestinians, even if they have to ignore the Taylor Force Law denying American funding to a Palestinian Authority that rewards and incentivizes terrorism?

The two leaders know each other very well. They also have clashed with each other for years over settlement building, most recently when mid-level Israeli officials announced settlement building during a Biden visit to Israel, embarrassing the vice president, who choose to publicly lash out at Netanyahu despite the prime minister’s apology.

Unlike the administration of U.S. President Donald Trump, which not only saw eye to eye with him on almost every issue—with tangible actions ranging from the U.S. embassy move from Tel Aviv to Jerusalem, to acknowledging that Israeli settlements do not break international law—Biden and his advisers want to promote a more balanced narrative and promote the aggrieved party of the Israeli-Palestinian conflict. They could, if challenged by the Israeli government, even choose to join the international community in boycotting Israeli goods from the West Bank (Judea and Samaria).

Netanyahu needs to prioritize his goals before engaging with the new administration. There is no doubt that the nuclear deal is the No. 1 issue on Israel’s plate, and there are rumors that the new administration, unlike the Obama one, will actually listen to Israeli suggestions for a new nuclear deal.

The Israeli prime minister’s highest priority is to emphasize to Biden that he shouldn’t rush to rejoin the flawed deal without significant changes to the agreement, as many of its provisions will sunset in less than five years. He must convince Biden that the United States has new leverage with the Trump sanctions in place, which have caused the Iranian economy to be under tremendous strain. The revolutionary regime’s first goal is to stay in power, and it worries about a rebellion from within. This is a great American advantage for negotiations if it is appreciated, as it could force the ayatollah and his minions back to the table.

“Patience, patience, patience with Iran” should be the bywords for the Biden administration, along with the willingness to leave negotiations if the regime’s leaders don’t meet the minimum threshold to truly end the Iranian nuclear program forever.

Netanyahu’s second goal is to continue the normalization process with the Arab world. Getting the Biden administration to prioritize this early on when there is still a window of opportunity for new nations to join will require him to give Biden something back in return. That inevitably will be something in regard to the Palestinians and Israeli settlement-building.

With the Israeli prime minister looking to renege on his deal to hand over power to rival Benny Gantz next year—and another potential contender, Naftali Bennett, gaining popularity from the right—he will be seriously challenged to advance Israel’s long-term goals while advancing his own political interests.

For his legacy, I would urge him to think of the long-term survival of the U.S.-Israel relationship in light of the challenges Biden will face from his own party regarding the Palestinians, Iran and Saudi Arabia, and prioritize the nuclear deal and normalization, offering some carrots to the Palestinians. The P.A. is dysfunctional, and the Palestinian people don’t trust their leadership, now in the 15th year of their four-year term, so even optimists in the Biden administration know that there is a limit to what can be achieved.

You don’t get something for nothing, and if Netanyahu can get 80 percent of Israel’s agenda in line with a President Biden, that is a huge win for America and Israel.

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.”