Dershowitz Explains Trump’s Strategy Postponing Iran Decision And ‘Why It’s Necessary’ To Give Him That Authority

Alan Dershowitz appeared on Newsmax Thursday to discuss Donald Trump and his strategy to delay deciding whether to strike Iran’s Fordow nuclear facility.

White House Press Secretary Karoline Leavitt read a statement Thursday in which Trump announced he will decide within the next two weeks whether to involve the U.S. directly in the Israel-Iran war. During an appearance on “The Record with Greta Van Susteren,” Dershowitz said the delay is designed to increase pressure on Iran.  This decision, Dershowitz added, highlights why it is necessary to grant the president the authority to make such calls.

“What do you think President Trump’s strategy is by postponing for two weeks his decision whether to bomb Fordow? It’s to put pressure on the other side,” Dershowitz said.

Dershowitz also discussed the constitutional debate over presidential authority in matters of war.

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“If you don’t do this in two weeks, I’m going to go to Congress. I know there are people in Congress who are opposed to this, Republicans and Democrats. It would eliminate the ability of the president to effectuate foreign policy and military policy by threats. That would particularly affect President Trump, who is the threatening president, the deal-making president,” Dershowitz added.

Dershowitz said Congress, not the judiciary, plays the key role shaping U.S. foreign policy decisions like this one. The current balance of power between the branches, particularly in military matters, often limits judicial challenges to these executive decisions.

“I think this two-week thing is a perfect example of why it’s necessary to give the president the kind of authority he has. If we were rewriting the Constitution today, I think we would be giving the president probably more authority to engage in warfare,” Dershowitz said. “Remember, the original formulation of Article I didn’t say Congress has the power to declare war. It said Congress has the power to make war. And that was amended. And so the power of Congress was limited to declaring war, not to making war.”

Dershowitz added that even in the early days of the U.S. government, people debated over how to allocate the responsibility for warfare between the executive and legislative branches. (RELATED: ‘Has Good Reason For Pausing’: Brit Hume Explains Why Trump Hesitates To Strike Iran)

“Making war is a broader power. So even back then, there was some dispute about how to allocate the responsibility for warfare between the two branches of government. The one branch of government that has no role to play is the judiciary,” Dershowitz said. “And that’s why it’s very hard to get a challenge to Article I, Article II conflicts.”

Earlier on Wednesday, defense experts said the U.S. might possess the only weapon capable of destroying Iran’s most heavily fortified nuclear facility, a weapon never before used in combat. As Israel intensifies its strikes on Iran’s nuclear infrastructure, the Fordow uranium enrichment facility remains intact.

Military analysts say only the U.S.-developed Massive Ordnance Penetrator can destroy the facility. Israel has already launched hundreds of airstrikes against Iran, reportedly targeting key parts of the Natanz enrichment facility and eliminating top military officials and numerous nuclear scientists.

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