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Author: David Gerstman

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David Gerstman

David Gerstman blogged as Soccer Dad from 2003 to 2010. Formerly a computer programmer, he is now a blogger for The Israel Project's The Tower blog.

Baltimore has been out of the national conversation for a couple of weeks. Freddie Gray is dead. Six police officer have now been indicted in his death. Last weekend, Memorial Day weekend, Baltimore was one of several cities that saw a spike in violence. At that point Baltimore had 35 homicides for the month of May, making it the deadliest month in the city since 1999. But the killings didn't stop. Late last week a 31 year old woman and her seven year old son were shot in the head in southwest Baltimore. Little information has been reported. Police have not released any speculation about the motive behind the slayings. With three more murders Sunday, the murder count in Baltimore stands at 43, the highest toll in 40 years. What's going on in Baltimore (and elsewhere as we saw last weekend) is part of what Heather MacDonald calls A New Nationwide Crime Wave (Google link). After seeing crime drop for nearly two decades, crime is rising. The reason isn't complicated. With politicians claiming that the main problem in law enforcement is policing, a theme echoed by many in the media, and police realizing that they can be prosecuted and vilified for doing their jobs; arrests are down and crime is up.

When in 1993 Israel and the PLO agreed to make peace, PLO chief Yasser Arafat committed to forswear violence and engage in bilateral negotiations. The thousands of Israelis killed, especially during the so-called Aqsa intifada - really a terror campaign orchestrated by Arafat - show that the Palestinians didn't keep to the first commitment. The ongoing lawfare campaigns against Israel in the United Nations and other international organizations show that they haven't kept the second either. The latest manifestation of this lawfare against Israel to make the news is the effort by Jibril Rajoub, head of the Palestinian Football Association (PFA) to suspend Israel from FIFA, the governing body of international soccer. Sepp Blatter, the controversial president of FIFA is trying to defuse the situation. He is also running for reelection. At FIFA's Congress later this month Rajoub wants to bring his motion to a vote. To suspend Israel would require a three fourths vote against Israel. The problem is that Israel has not violated any of FIFA's bylaws. But that doesn't mean that Rajoub won't try.

A couple of remarkable news reports have been broadcast in recent days about the care given Syrians wounded in the civil war across the border. One - the more dramatic one - was at the Israeli news site Ynet (affiliated with the daily Yedioth Ahronot); the other at CNN. The Ynet article written and narrated by one of the paper's top journalists, Ron Ben-Yishai told of an injured man -likely a jihadist - who was severely injured by a bullet to the stomach and shrapnel wounds. Israel has "trusted intermediaries," on the other side  of the border who communicate when there is an injured person who needs treatment in Israel. Most of the injured are woman, children and the elderly. However there are also younger men, such as the subject of the article. In this case the Israeli were told that without a hospital the man would die. Despite having contacts in Syria, the Israelis know who's on the other side of the border on the Golan Heights, so they have to take care:
At around 8 pm on the day the wounded Syrian was transferred, parties on the Syrian side announced they were approaching the fence. The Israeli ambulance and paramedics readied themselves, while Givati troops received a briefing and then headed out to the fence area. Their role is to make sure that those who sent the wounded citizens to the area had not laden them with explosives, as well as to ensure that the wounded person was not bait in a scheme designed to lure IDF troops into an ambush. Considering the information Israel has on its new neighbors across the border on the Golan Heights – these extra precautions are necessary. Half an hour later, the commander of the forces stationed near the border gave approval to send out the armored vehicle carrying the paramedics to collect the wounded citizen, who was already waiting on the Israeli side.

Late Friday afternoon Reuters had a huge scoop. Inspectors found traces of prohibited chemical weapons at a previously undeclared site in Syria.
Samples taken by experts from the Organisation for the Prohibition and Chemical Weapons (OPCW) in December and January tested positive for chemical precursors needed to make the toxic agents, the sources told Reuters on the condition of anonymity because the information is confidential. "This is a pretty strong indication they have been lying about what they did with sarin," one diplomatic source said. "They have so far been unable to give a satisfactory explanation about this finding." ... The diplomatic sources said the sarin and VX nerve samples were taken from the Scientific Studies and Research Centre, a government agency where Western intelligence agencies say Syria developed biological and chemical weapons.
After it was established that Syria had used chemical weapons against civilians in a Damascus suburb, President Barack Obama said that he would seek Congressional authorization to use force. But in the end chose the path of diplomacy to deal with Syria's breach of international conventions by using chemical weapons. The deal, agreed to with Russia, a patron of Syria, called for Syria to declare all of its chemical weapons sites, destroy their chemical stores and destroy their means for making them. At the very least, Friday's news means that Syria did not fully comply with its obligations under the deal. At the worst it suggests that despite the hoopla about Syria destroying thousands of tons of chemical agents, Syria has an active chemical weapons program still remaining. (This is in addition to Syria's use of chlorine, which is prohibited for use as a weapon, even if chlorine is not prohibited to possess.) This wouldn't be the first time Syria has been caught cheating. In October of last year Syria admitted to having four chemical weapons facilities that it had not previously declared. Worse than that, The New York Times reported in January that the administration had informed Assad that the United States will train rebels to fight ISIS, not Syria.

Iran released the Maersk Tigris, the cargo ship it seized at sea last week. The New York Times reports:
The Maersk Line, the Danish shipping giant, confirmed in a statement that the vessel and its 24-member crew, forced to anchor near Iran’s southern port of Bandar Abbas since its seizure on April 28, were now free and en route to the port of Jebel Ali in the United Arab Emirates. ... The Maersk Tigris is registered in the Marshall Islands. It is managed and staffed by Rickmers Shipmanagement, a subsidiary of Germany’s Rickmers Group, a maritime services company, which reported that the crew was in good condition. ... The apparent stand-down reflected what political analysts called a wish by both Iran and the United States to avert an escalation of tensions that could sabotage the nuclear talks between Iran and a group of six powers that includes the United States.
From the language of the report it appears that Maersk agreed to a settlement of the claim an Iranian company had against it. CBS offered the judgment of one of its security analysts.
The Iranian decision to board the vessel was "a reflection of the fact that tensions are running very high, and these tensions don't really have borders," explained CBS News senior national security analyst Juan Zarate. "These are conflicts that are happening on the ground, they're happening in the shipping lanes, and there are places and points of vulnerability that could... serve as flashpoints for conflict."

Last week Iran's foreign minister and chief nuclear negotiator Mohammad Javad Zarif appeared in "a conversation" with columnist David Ignatius of The Washington Post at NYU sponsored by the New America Foundation. There were those in the media who described Zarif as "suave" and "diplomatic," but not everyone was impressed with Zarif's performance. Matthew Continetti went after the supposed moderate in The Appalling Mr. Zarif.
What made Zarif’s appearance all the more nauseating was his pretense of moral standing. He has none. His lecture to the United States took place as his regime held a container ship it had seized in international waters, and as evidence emerged of Iranian violations of U.N. sanctions. It is the Iranian Revolutionary Guard Corps and its proxies such as Hezbollah and the Houthis and other Shiite militias that are fomenting and exploiting sectarian conflict in Lebanon, Syria, Yemen, and Iraq. Iran’s human rights record is abysmal. Since Zarif returned to government in the administration of Hassan Rouhani, there has been a “surge” in executions in Iran. “The authorities restricted freedoms of expression, association, and assembly, arresting, detaining, and prosecuting in unfair trials minority and women’s rights activists, journalists, human rights defenders, and others who voiced dissent” say the right-wing extremists at Amnesty International, whose most recent report catalogues the torture and cruel and unusual punishments of the Iranian regime. ... At NYU Zarif said America will have to lift sanctions on Iran “whether Senator Cotton likes it or not.” The “polite” and “respectful” audience broke into laughter—at Cotton. “I couldn’t resist,” Zarif said. No troll could.

Yesterday afternoon Israeli Defense Minister Moshe Ya'alon warned Iran not to arm Hezbollah.
“Iran continues to try and arm Hezbollah and it is striving to arm the Lebanese terror group with advanced weapons in every way it can, and by using every avenue,” Ya’alon said in a speech at Israel’s military headquarters in Tel Aviv. “We will not allow the transfer of sophisticated weapons to terror groups, and in particular Hezbollah.” “We know how to reach [Hezbollah] and those who direct it, at any time and any place,” Ya’alon continued. “We will not allow Hezbollah to establish a terror infrastructure on our borders with Syria, and we know how to lay our hands on anyone who threatens Israeli citizens, along our borders or even far from them.”
It wasn't clear if Ya'alon was referring to airstrikes targeting weapons depots in Syria, attributed to Israel, that occurred Wednesday and Saturday last week, or if he was threatening future action. Subsequent to Ya'alon's talk it appeared that he may have intended both.

There have been a number of reactions to the Corker-Menendez bill, which provides for Congressional oversight of whatever nuclear deal the administration makes with Iran. It passed out of the Senate Foreign Relations Committee yesterday with a 19-0 vote. J. E. Dyer at Liberty Unyielding looks at the numbers and sees the bill as a loss.
If Congress rejects the Iran deal, and the president vetoes its legislation, Congress will have the balance of a 52-day period to override the veto. If the Senate finds itself unable to act, at some point in this process, Obama’s deal can be implemented without assent from the Senate. To override a veto, of course, opponents will need 67 votes. To uphold a veto, Obama just has to make sure there are 34 votes for his deal. He doesn’t have to have even 51 votes to implement it. With 34, he’s got a major win. The beauty of this for Obama is that he still gets a win if the Senate at any point can’t bring a floor vote. His deal just gets implemented because the Senate failed to act. So it won’t matter if the president has 34 votes for the Iran deal, but not enough to bring the deal to a vote. The win for Obama is merely less photogenic in that case. The effect is the same.

I visited the State Department's website earlier this week and I was greeted by an item hailing the 45th anniversary of the Nuclear Nonproliferation Treaty (NPT). After hailing the treaty the article goes on to say more explicitly, "[i]f we didn’t already have the NPT, we would desperately need it today." A couple of paragraphs later the article boasts about the latest efforts to strengthen the NPT.
The United States is committed to strengthening the nonproliferation regime and the authority of the International Atomic Energy Agency to implement nuclear safeguards -- a set of measures to verify that nuclear materials are used for peaceful purposes. The Treaty provides the foundation and context to resolve outstanding challenges to the nuclear nonproliferation regime. The ongoing negotiations with Iran provide the best diplomatic path forward for Iran to return to full compliance with the NPT. The IAEA instills confidence among all NPT parties that a state’s civil nuclear energy is not being diverted into a nefarious weapons program. In New York, the United States will promote the IAEA Additional Protocol, now recognized as the foremost international standard for safeguards that provides the IAEA with the authority to ensure that all nuclear material is used for peaceful purposes, in accordance with the NPT.

The nuclear negotiations between the West and Iran may have reached an impasse over the timing of Iran getting relief from sanctions. This is how The Guardian broke down the differences between the United States and the French on Friday:
Diplomats say the French foreign minister, Laurent Fabius, telephoned the French delegation in Lausanne to ensure it did not make further concessions, and to insist that the bulk of UN sanctions could only be lifted if Iran gave a full explanation of evidence suggesting it may have done development work on nuclear warhead design in the past.  ... The US offer on sanctions is to lift UN sanctions in layers in return each “irreversible” step Iran makes to scale down and limit its nuclear programme. There would be mechanisms in place by which sanctions would “spring back” if Iran violated the agreement, without the need for consensus in the UN security council. It is broadly supported by the UK and Germany, while Russia and China, the other members of the six-nation group, would offer more generous terms. Tehran is reluctant to accept sanctions relief based on milestones, but diplomats say the French position would be a complete deal-breaker. They say the Iranians would be very unlikely to admit past weapons work, which if revealed would demonstrate that the country’s supreme leader, Ali Khamenei, had misled the world. Better, US diplomats argue, to focus on limiting the current Iranian programme and worry about allegations about the past a few years down the road.
Focus on the current issues and leave the allegations for the future? Are they crazy? Let's take a couple of paragraphs from United Nations Security Council Resolution 1696, which was passed in July 2006 and was the first of six resolutions passed against Iran for its violations of the Nuclear Nonproliferation treaty.

Charles Krauthammer began a 1999 column like this:
Having failed to topple Saddam Hussein or Slobodan Milosevic, Bill Clinton had to settle for Benjamin Netanyahu. In a characteristic display of partisan glee, Clinton toasted political consultant Robert Shrum on Tuesday night (reports Lloyd Grove in The Washington Post) to congratulate him (and implicitly, the administration) for helping the Israeli opposition bring down the prime minister Washington loves to hate.
Later today, if all the votes in the Israeli election are counted and the State Department-supported anti-Netanyahu group is successful in ensuring that Netanyahu is not able to form the next government, who will President Obama be toasting? True this is hypothetical question, but there's a lesson in 1999, that is relevant today. Clinton figured that once Netanyahu was out of the way he no longer had any obstacles to Middle East peace and a Nobel Peace Prize. He worked well with Ehud Barak and a year after Barak took office hosted a summit at which Barak offered a peace deal to Yasser Arafat. Arafat rejected it and two months later launched the second or Al-Aqsa intifada in which 1,100 Israelis were killed. So yes, Clinton got his wish and hundreds of Israelis paid the price.

The Wall Street Journal reported yesterday (Google link) that Secretary of State John Kerry is still upset about the open letter Sen. Tom Cotton (R - Ark.) wrote last week that was signed by 46 other Republican senators arguing that it was Congress' role to review treaties.
Mr. Kerry said on Saturday in Egypt that these American lawmakers were “wrong.” “It is almost inevitable it will raise questions in the minds of the folks with whom we’re negotiating as to whether or not they are negotiating with the executive department and the president, which is what the constitution says, or whether there are 535 members of Congress,” Mr. Kerry told reporters in the Red Sea resort of Sharm el-Sheikh. “Let me make clear to Iran…that from our point of view, this letter is incorrect in its statements,” he added. “As far as we are concerned, the Congress has no ability to change an executive agreement.”
It strikes me as odd that Kerry is doubling down on his non-binding argument. An executive agreement is not binding, unlike a treaty, and therefore not subject to Congressional review. It's also odd that he claims, "as far as we are concerned." Shouldn't the Constitution be the standard by which the Republican claims are judged? Finally, there's Kerry's famous declaration at the time the Joint Plan of Action was signed in November 2013 that the agreement was not based on trust. So if the agreement is not based on trust and it's non-binding what "mechanism" will there to be verify that Iran isn't overtly or covertly pursuing an illicit nuclear program? More and more I'm convinced that Cotton's reason for writing the letter was to smoke out the administration on this point.

In a lengthy report, investigative journalists Richard Behar and Gary Weiss exposed the various ways that the Associated Press (AP) discounted Israeli claims and promoted Hamas propaganda in its investigation last month into civilian casualties that occurred during last summer's Operation Protective Edge. Among the sins and omissions documented by Behar and Weiss are (1) misidentifying terrorists, (2) using children as props, (3) failing to acknowledge that pictures are posed, (4) cherry-picking quotes from Israeli officials, and (5) failing to disclose the anti-Israel bias of their sources. One incident recounted by Behar and Weiss involves the interactions between Reuven Ehrlich and an AP reporter; Ehrlich is the head of the Meir Amit Intelligence and Terrorism Information Center (ITIC). Following Operation Protective Edge, ITIC carefully reviewed martyr claims made by Gaza-based terrorist organizations in order to identify which of the dead were terrorists and which were civilians. ITIC also kept a count of those whose status was unknown.
A few days before the AP article was published, one of its reporters, Karin Laub, telephoned Mr. Erlich of the Meir Amit Intelligence and Terrorism Information Center, which has documented in several of its own probes that the Hamas-generated numbers for Gaza civilian casualties are grossly inflated. The organization found that Hamas is obfuscating the actual lists and affiliations, partly because of objective technical difficulties (poor paperwork and a lack of access to some bodies), and as part of its propaganda campaign against Israel. Thus, Meir Amit’s experts are closely examining the deaths, one by one, and its final tally won’t be available for many months—if not years. For now, the ratio of civilian-to-terrorist deaths has been averaging roughly 1:1 in its reports.

In an interview with Reuters published yesterday, President Obama launched a pre-emptive strike against Israeli Prime Minister Benjamin Netanyahu's planned speech before a session of Congress. I won't attempt to fisk the whole thing, but a few things stuck out as patently false.
Now keep in mind the prime minister, when we signed up for this interim deal that would essentially freeze Iran’s program, roll back its highly enriched uranium - its 20 percent highly enriched uranium - and so reduce the possibility that Iran might breakout while we were engaged in these negotiations, when we first announced this interim a deal, Prime Minister Netanyahu made all sorts of claims. This was going to be a terrible deal. This was going to result in Iran getting 50 billion dollars worth of relief. Iran would not abide by the agreement. None of that has come true.
I'm not sure that Netanyahu made a claim of $50 billion in sanctions relief. I believe the number was closer to $20 billion and that the actual relief Iran got was closer to the Israeli estimate than the administration's lowball estimate. But I don't have the time right now to research this, but I'm skeptical about this claim.

The administration continues in its attempt to marginalize Prime Minister Netanyahu ahead of his speech on Iran. And the efforts appear to be backfiring. Jeffrey Goldberg tells some important truths in today's column, Danger Ahead for Obama on Iran:
I’m fairly sure Netanyahu will deliver a powerful speech, in part because he is eloquent in English and forceful in presentation. But there is another reason this speech may be strong: Netanyahu has a credible case to make. Any nuclear agreement that allows Iran to maintain a native uranium-enrichment capability is a dicey proposition; in fact, any agreement at all with an empire-building, Assad-sponsoring, Yemen-conquering, Israel-loathing, theocratic terror regime is a dicey proposition. The deal that seems to be taking shape right now does not fill me—or many others who support a diplomatic solution to this crisis—with confidence. Reports suggest that the prospective agreement will legitimate Iran’s right to enrich uranium (a “right” that doesn’t actually exist in international law); it will allow Iran to maintain many thousands of operating centrifuges; and it will lapse after 10 or 15 years, at which point Iran would theoretically be free to go nuclear. (The matter of the sunset clause worries me, but I’m more worried that the Iranians will find a way to cheat their way out of the agreement even before the sun is scheduled to set.) ... This is a very dangerous moment for Obama and for the world. He has made many promises, and if he fails to keep them—if he inadvertently (or, God forbid, advertently) sets Iran on the path to the nuclear threshold, he will be forever remembered as the president who sparked a nuclear-arms race in the world’s most volatile region, and for breaking a decades-old promise to Israel that the United States would defend its existence and viability as the nation-state of the Jewish people.
And as Goldberg noted, three years ago Obama promised in one of Goldberg's columns, “We’ve got Israel’s back.”

Yesterday's New York Times editorial on the emerging nuclear deal between the West and Iran is completely delusional. I will try to tackle the editorial's arguments in the order of ridiculousness, from most to least:
Critics of any deal — including those in Congress, such as Senator Mark Kirk, a Republican of Illinois, and Senator Robert Menendez, a Democrat of New Jersey; and Prime Minister Benjamin Netanyahu of Israel — demand complete dismantlement of Iran’s program given the country’s history of lying about its efforts to produce nuclear fuel and pursue other weapons-related activities. But their desired outcome simply cannot be achieved. President George W. Bush wasn’t able to secure that goal in 2003 when Iran had only a few dozen centrifuges, the machines that enrich uranium for nuclear fuel. Now, 12 years later, Iran has an estimated 19,000 centrifuges, not to mention scores of other facilities, including some that have been hardened to withstand a military attack.
Hold on. This is saying that a miscreant gets to determine the level of his punishment. We can't get Iran down to zero centrifuges because Iran refuses to dismantle them. This is just saying we don't have the political will to demand such a result. We haven't been able to secure that result is because we haven't tried. Certainly if we say we're going allow 6,000 or 6,500 centrifuges we're not going to get zero. But given Iran's "history of lying" we also don't know how many undeclared centrifuges it might have either. To give Iran veto power over how many centrifuges it gets to keep operating, considering its "history of lying," means that we'll be enabling it to enrich enough uranium for a nuclear bomb.

At a Senate Appropriations Committee Hearing yesterday, Secretary of State John Kerry took aim at critics of the Obama administration's posture towards Iran:
World powers grouped under the so-called P5+1 “had made inroads” since reaching an interim deal with Iran in November 2013 on reining in its suspect nuclear program, Kerry said. “We’ve gained unprecedented insight into it,” Kerry told the Senate appropriations committee at the start of two days of intense congressional foreign policy budget hearings. ... Taking aim at critics, such as official Israel, that are opposed to the agreement, Kerry said they did not “know what the deal is.” “I caution people to wait and see what these negotiations produce. Since 2013, we have been testing whether or we can achieve that goal diplomatically — I don’t know yet,” Kerry insisted.
Testing? 15 months after the P5+1 nations agreed to the Joint Plan of Action (JPOA), the administration is still "testing?" Here's one thing we know. The JPOA (.pdf) required this:
A Joint Commission of E3/EU+3 and Iran will be established to monitor the implementation of the near-term measures and address issues that may arise, with the IAEA responsible for verification of nuclear-related measures. The Joint Commission will work with the IAEA to facilitate resolution of past and present issues of concern.