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November 19, 2020 7:23 am

How Should Netanyahu Approach the Biden Administration?

avatar by Eric Mandel / JNS.org

Opinion

US Vice President Joe Biden (L) shakes hands with Israeli Prime Minister Benjamin Netanyahu, as they deliver joint statements at a meeting in Jerusalem, Israel, March 9, 2016. Photo: Reuters / Debbie Hill / Pool / File.

JNS.orgIn the winter of 2015, one of Israel’s most senior security cabinet officials asked me what advice he should give to Israeli Prime Minister Benjamin Netanyahu in regard to Speaker of the House John Boehner’s invitation to speak before the US Congress, laying out his case for why the 2015 Iran nuclear deal, also known as the Joint Comprehensive Plan of Action (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 Alternate 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. If Netanyahu had won the election and formed a coalition, he could then have come later in the spring with a stronger mandate as the newly reelected 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 US 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% 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, 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.

Although some blame the frosty relationship between Obama and Netanyahu for his administration’s actions, most think that US 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 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 reenter 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 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 US 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 US President Donald Trump, which not only saw eye to eye with him on almost every issue — with tangible actions ranging from the US 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 number one 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 US-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 PA 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% 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 US Senate, House and their foreign-policy advisers. He is a columnist for The Jerusalem Post and a contributor to i24 TV, The Hill, JTA, and The Forward.

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