Biden Bypasses Congress Again For Emergency Weapons Sale

The Biden administration has once again authorized an emergency weapons sale to Israel, circumventing Congress for the second time in December. According to a report from AP on December 29, 2023, this move is part of the administration’s support for Israel’s conflict with Hamas in Gaza, a stance drawing increased international criticism.

On the mentioned date, the State Department revealed that Secretary of State Antony Blinken informed Congress of his second emergency determination, greenlighting a $147.5 million sale of essential equipment, including fuses, charges, and primers. This equipment is crucial for the functioning of 155 mm shells previously acquired by Israel.

The State Department defended this unusual decision, stating, “Given the urgency of Israel’s defensive needs, the secretary notified Congress that he had exercised his delegated authority to determine an emergency existed necessitating the immediate approval of the transfer.” The department underscored the importance of safeguarding Israel’s ability to defend itself, aligning it with U.S. national interests.

This development comes after a similar decision on December 9, where Secretary Blinken approved the sale of over $106 million worth of tank ammunition to Israel. Notably, these actions coincide with President Biden’s $106 billion aid package request, facing obstacles in Congress due to debates on U.S. immigration policy and border security.

Some Democratic lawmakers are now tying the proposed $14.3 billion in American assistance to Israel to specific actions by the Israeli government to minimize civilian casualties in Gaza. The overarching message emphasizes compliance with international humanitarian law and the necessity of preventing harm to civilians.

The State Department reiterated, “Hamas hides behind civilians and has embedded itself among the civilian population, but that does not lessen Israel’s responsibility and strategic imperative to distinguish between civilians and Hamas terrorists as it conducts its military operations.” The department highlighted the crucial need to protect civilians in the ongoing conflict.

Bypassing Congress for emergency arms sales is an unconventional step historically met with resistance from lawmakers. The last notable instance was in May 2019 when then-Secretary of State Mike Pompeo made an emergency determination for an $8.1 billion weapons sale to Saudi Arabia, the United Arab Emirates, and Jordan. Despite criticism, an internal investigation ultimately cleared the decision of any wrongdoing.

Since 1979, at least four administrations, including President George H.W. Bush’s during the Gulf War, have used emergency determinations for arms sales. The Biden administration’s decision underscores the complexity and urgency surrounding the Middle East situation.