by Alan M. Dershowitz
January 7, 2013 at 1:30 pm
President Obama's nomination of Chuck Hagel as Secretary of Defense risks increasing the likelihood that Iran will develop nuclear weapons. It poses that risk because Hagel is well known for his opposition both to sanctions against Iran and to employing the military option if necessary.
These views are inconsistent with the very different views expressed by President Obama. The President has emphasized on numerous occasions that he will never allow Iran to develop nuclear weapons and will use military force if necessary to prevent that "game changer."
The nomination of Hagel thus sends a mixed message to the mullahs in Tehran, who will likely interpret it as a change from a red light to a yellow or green one when it comes to their desire to develop nuclear weapons. Sending a mixed message at this point can increase the chances that Iran will miscalculate and act in a foolhardy manner thus requiring the actual use of the military option—an eventuality that nobody wants.
The goal of America's policy toward Iran has always been to frighten the mullahs into believing President Obama's threat to use military force if sanctions fail. "I don't bluff", President Obama has famously and publicly stated. It is imperative that the Iranian leadership believe this. If they do, they may well decide that the sanctions they are currently undergoing are too painful to endure, if the end result is that they will never be permitted to develop nuclear weapons. If they don't believe President Obama's threat, then the sanctions alone will not dissuade them from pursuing their nuclear goal. The nomination of Senator Hagel will strengthen the hand of those within the Iranian leadership who think that President Obama is bluffing.
It is also important that the Israeli leadership believes that President Obama really has Israel's back when it comes to preventing Iran from endangering the Jewish state by obtaining nuclear weapons. Any loss of trust in this regard may result in an Israeli decision to take unilateral military action to protect its citizens against nuclear attacks.
This is the wrong time to send mixed messages by nominating a man who has, at best, a mixed record with regard to sanctions and the military option against Iran and with regard to having Israel's back.
Senator Hagel will have an opportunity to clarify, and hopefully to change, his previous statements with regard to these issues. He should be asked probing questions about sanctions, about the military option and about Israel's security. In his answers he must persuade the Iranian leadership that there is no distance between his current views and those of the President who has nominated him. The President must also persuade the Iranian leadership that his nomination of Hagel does not constitute any backing down from his commitment to use military force, if sanctions don't work.
Independence may be a virtue for a senator, but it is a vice when it presents conflicting messages at a time when it is imperative that the Iranian leadership understand that the Obama Administration, indeed the United States as a whole, speaks with one voice when it says that Iran will never be allowed to develop nuclear weapons, even if that requires the use of military force if all other options fail.
Normally a president, especially a president reelected to a second term with a substantial majority, should be entitled to pick his own Secretary of Defense. But when the President's decision risks sending a mixed message that could increase the chances of having to employ the military option against Iran, the Senate has an especially important role to play. The burden is now on Senator Hagel to persuade the Senate, the American people, and the leaders of Iran that he is fully supportive of the President's commitment not to contain a nuclear armed Iran, but to prevent such a catastrophe from occurring, even if that requires the use of military force to achieve that commendable goal.
Nor is this a liberal-conservative or Democratic-Republican issue. Reportedly, the Hagel nomination has been very controversial within the White House itself, with some of President Obama's closest advisers being critical of it. Many Democrats, both elected officials and rank and file voters, are deeply concerned about the wisdom of the President's nomination of Senator Hagel. Neither is this an issue that concerns only Jewish or pro-Israel voters. There are serious policy issues at stake here. Those of us who voted for President Obama and who want to be certain that Iran is never allowed to develop nuclear weapons, as the President promised, have legitimate concerns about this nomination. We hope that these concerns can be allayed by the President and his nominee, but if they are not, it will be the highest of patriotic duties to oppose Senator Hagel's nomination.