Photo Credit: Asher Schwartz
Replace Biden for Obama-They are serving the same main course

Congress has an obligation to get to the bottom of this foreign policy mess. It need not subpoena the journalist, who will surely invoke reportorial privilege. But it can subpoena the handful of senior Obama administration officials who might have made these disclosures. Once Congress establishes who the two senior officials are, they can be asked whether the disclosures were authorized, and if so by whom.

The president may well invoke executive privilege, but Congress’ need to know who is undercutting American foreign policy, and why, should trump any claim of privilege. No administration should have the right to leak damaging information to America’s enemies and then hide behind privilege to prevent Congress from learning the source of the leaks and the reasoning, if any, behind the decision to disclose such damaging information.

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Beyond the damage done with regard to Iran, is the damage done to United States-Israel relations by the insulting and demeaning words used by senior Obama administration officials to describe the prime minister of a close ally. Benjamin Netanyahu fought bravely for his country in one of Israel’s most elite and dangerous military units. He has rescued hostages, defended his country against terrorists and lost a brother at Entebbe.

To call him a “chickenshit” or a “coward” is beneath contempt. Having seen the heavy cost of warfare, he has always been cautious and prudent about committing Israeli troops to battle. For this he should be praised rather than condemned.

Netanyahu may soon have to make an existential decision about whether to allow Iran to develop nuclear weapons that might be used against Israeli citizens or to authorize a dangerous military attack designed to destroy and delay Iran’s capacity to develop such weapons of mass destruction. This decision would be difficult for any leader, and it is even more difficult for a leader of a tiny country surrounded by enemies and isolated by much of the international community. To trivialize and reduce this decision to name-calling words like “chickenshit” and “coward” demonstrates extraordinary bad judgment on the part of those who used the words and those who may have authorized their use.

There are legitimate and important differences between the Obama and Netanyahu administrations over issues such as building in Jerusalem and the stalled peace negotiations.

Each side has criticized the other’s position on their merits and demerits. But scatological name-calling on the record has no place in an alliance between friends.

Those responsible for these provocative and dangerous ad hominems and for the unwarranted disclosure of classified intelligence assessments must be held accountable by the American public and by all those who care about peace in the Middle East.


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Alan M. Dershowitz is the Felix Frankfurter Professor of Law Emeritus at Harvard Law School, and is the author of “Guilt by Accusation” and host of the “The Dershow” podcast. Follow Alan Dershowitz on Twitter (@AlanDersh) and on Facebook (@AlanMDershowitz).