Congress skirted on sales to Saudis
Pompeo says Iran ‘emergency’ justifies move on $7B in weaponry
WASHINGTON — The Trump administration invoked a rarely used provision in federal law on Friday to bypass congressional review of arms sales to Saudi Arabia, citing threats the kingdom faces from Iran.
Secretary of State Mike Pompeo notified Congress of the decision to use an emergency loophole in the Arms Export Control Act to move ahead with sales of $7 billion in precision guided munitions, other bombs and ammunition and aircraft maintenance support to Saudi Arabia, along with the United Arab Emirates and Jordan, without lawmakers’ approval.
In his notification, Pompeo said he had made the determination “that an emergency exists which requires the immediate sale” of the weapons “in order to deter further the malign influence of the government of Iran throughout the Middle East region.”
He said the transfers “must occur as quickly as possible in order to deter further Iranian adventurism in the Gulf and throughout the Middle East.”
Pompeo’s move followed President Donald Trump’s announcement that the U.S. planned to send 1,500 additional U.S. troops to the Middle East as part of a buildup in response to an unspecified threat from Iran.
It comes as the administration has actively courted close ties with Saudi Arabia over congressional objections, notably following the killing of Jamal Khashoggi, a U.s.based columnist for The Washington Post, by Saudi agents in October.
Khashoggi’s slaying, coupled with increasing concerns about civilian casualties resulting from a Saudiled coalition’s military operation against Iranbacked Houthi rebels in Yemen, prompted lawmakers to block about $2 billion in arms sales to the kingdom for more than a year. Last month, Trump vetoed legislation that would have ended U.S. military assistance for the Saudiled war in Yemen.
Critics of the Saudi campaign quickly denounced Friday’s step.
Sen. Bob Menendez of New Jersey, the top Democrat on the Senate Foreign Relations Committee, said the administration did not cite a specific legal or practical reason for using the loophole other than Iran.
“I am disappointed, but not surprised, that the Trump administration has failed once again to prioritize our long term national security interests or stand up for human rights, and instead is granting favors to authoritarian countries like Saudi Arabia,” Menendez said in a statement.
Sen. Chris Murphy, DConn., who earlier this week warned against bypassing Congress, said the administration was declaring an emergency only because lawmakers would have blocked the transfers.
“President Trump is only using this loophole because he knows Congress would disapprove of this sale,” Murphy said. “There is no new ‘emergency’ reason to sell bombs to the Saudis.”
While most Republican lawmakers have stood by Trump, even allies like Sen. Lindsey Graham of South Carolina have expressed concern about the precedent the move sets for overruling Congress. Graham said Thursday that the Senate has “tools to deal with the administration,” but he did not indicate what action he and other lawmakers might try to take.
“There’s pretty widespread concern that now’s not the time to go back to business as usual with Saudi Arabia,” Graham said, adding that he had voiced his concerns to Pompeo.
Dems vow a challenge
The law requires Congress to be notified of potential arms sales, giving the body the opportunity to block the sales. But the law also allows the president to waive that review process by declaring an emergency that requires that the sale be made “in the national security interests of the United States.”
Menendez and Murphy said they would challenge the decision, but it was not clear how they might do that.
“With this move, the president is destroying the productive and decadeslong working relationship on arms sales between the Congress and the executive branch,” Menendez said. “The possible consequences of this decision will ultimately threaten the ability of the U.S. defense industry to export arms in a manner that is both expeditious and responsible.”
The chairman of the Senate Foreign Relations Committee, Republican Jim Risch of Idaho, said he was “reviewing and analyzing the legal justification for this action and the associated implications.”
There is precedent for using the emergency exemption for arms sales to Saudi Arabia. President Ronald Reagan invoked it in the 1980s, and Presidents George H.W. Bush and George W. Bush used it for sales before the 1991 Gulf War and the 2003 Iraq war.
President Donald Trump met with Saudi King Salman bin Abdulaziz alsaud two years ago in Riyadh. Since then, the killing of journalist Jamal Khashoggi by Saudi agents and civilian deaths in the Yemen war have soured some on the kingdom.