The Biden Administration Again Circumvents Congress for Urgent Arms Sale to Israel

In a recent move, the Biden administration has again opted to bypass Congress to expedite an emergency arms sale to Israel. This decision comes as Israel continues its military operations against Hamas in Gaza, amidst growing international scrutiny.

The State Department, on a recent Friday, announced Secretary of State Antony Blinken’s approval of a second emergency determination for a $147.5 million arms sale to Israel. This sale includes essential equipment such as fuses, charges, and primers, necessary for the functionality of 155 mm shells previously bought by Israel.

Blinken’s decision was driven by the pressing need for Israel’s defense, as stated by the department, which emphasized the urgency of the situation necessitating immediate approval of the transfer. This action aligns with the U.S. commitment to Israel’s security, deemed crucial for U.S. national interests.

This emergency determination allows for a bypass of the standard congressional review process typically required for foreign military sales. While such actions are uncommon, they are not without precedent, especially when there is an urgent requirement for weapons delivery without waiting for congressional approval.

Earlier in December, Blinken had made a similar decision to approve the sale of nearly 14,000 rounds of tank ammunition to Israel, valued at over $106 million.

These decisions occur against the backdrop of President Joe Biden’s proposed $106 billion aid package, which includes support for Ukraine, Israel, and other national security interests. This package is currently stalled in Congress due to debates over U.S. immigration policy and border security.

Amidst these developments, some Democratic lawmakers have considered tying the proposed $14.3 billion aid for Israel to specific actions by Prime Minister Benjamin Netanyahu’s government, particularly concerning the reduction of civilian casualties in Gaza.

The State Department has addressed potential human rights concerns related to the arms sale, underscoring its ongoing discussions with Israel to minimize civilian casualties. The department acknowledges the challenges posed by Hamas embedding itself among civilians but stresses Israel’s responsibility to distinguish between civilians and Hamas terrorists during military operations.

Historically, bypassing Congress for arms sales has met with resistance from lawmakers, who typically have a say in proposed weapons transfers. The precedent for such emergency determinations dates back to at least 1979, with various administrations utilizing this authority. Notably, during the Gulf War, President George H.W. Bush’s administration used this power to quickly supply arms to Saudi Arabia.