America has just elected a new president, or rather, a new-old president. Donald Trump will be the first American president since Grover Cleveland to be elected to non-consecutive terms. All transitions between presidential administrations have an awkward aspect, felt especially during the months between the election and when the incumbent takes office. This period, when the successor has already been named by the electorate but does not yet have any official power, is when a lame-duck session of Congress meets, and the president himself is called a lame-duck president.
During this period, the president—while retaining all of his constitutional authority—nevertheless tends to diminish in the power hierarchy of Washington. Presidential power is based, to a very large degree, on the possibility of promising something in the future, and lame-duck presidents don’t have a future in which they can fulfill any promises. It can also be a period when, unconstrained by the need to run for office again, a president can put executive orders and other kinds of policies in place without worrying about their political consequences. So it can be a period of troublemaking.
Mark Dubowitz, the chief executive of the Foundation for Defense of Democracies (FDD), fears that a lame-duck Biden administration might decide to target Israel with executive action in very damaging ways. Dubowitz has spent decades working on financial warfare and sanctions in and out of government, and he is an expert on Iran’s nuclear program.
In order to follow this conversation, there are a couple of things it helps to know. First, in December 2016, during President Obama's lame-duck period, the UN Security Council passed Resolution 2334, which conveyed that all Israeli settlements in the West Bank and east Jerusalem are illegal. The U.S. could have vetoed the resolution, but instead abstained.
The second is Executive Order 14115, which President Biden signed back in February, which gives the State and Treasury Departments authorization to sanction individuals and entities who undermine peace and security in the very areas Security Council Resolution 2334 determined Israelis may not live in. Sanctions have already been levied against some Israelis—some of whom genuinely do undermine peace, and some of whom do not. Dubowitz joins Jonathan Silver to warn of the danger that the president will use the last weeks of his term to take accelerated action under these authorities.
Musical selections in this podcast are drawn from the Quintet for Clarinet and Strings, op. 31a, composed by Paul Ben-Haim and performed by the ARC Ensemble.
