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The State Department is skirting Congress to allow Israel’s order for tank armor

NPR: https://www.npr.org/2023/12/09/1218407156/israel-tank-ammunition-sale-gaza-congress-state-department

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The congressional review process for arms sales to foreign nations is usually required by the Defense Department, but the State Department pushed through a government sale to Israel of thousands of tank rounds.

Bypassing Congress with emergency determinations for arms sales is an unusual step that has in the past met resistance from lawmakers, who normally have a period of time to weigh on proposed weapons transfers and, in some cases, block them.

The Department of Defense put out a notification about the sale on Saturday. The Secretary of State informed Congress on Friday that an emergency needs to be sold immediately.

The move comes as President Joe Biden’s request for a nearly $106 billion aid package for Ukraine, Israel and other national security is languishing in Congress, caught up in a debate over U.S. immigration policy and border security. Some Democratic lawmakers have spoken of making the proposed $14.3 billion in American assistance to its Mideast ally contingent on concrete steps by Israeli Prime Minister Benjamin Netanyahu’s government to reduce civilian casualties in Gaza during the war with Hamas.

Some Palestinian journalists have taken pictures of what they say are Israeli armored vehicles shooting on civilians in Gaza, even though the majority of the civilian casualties in Gaza are caused by heavy Israeli airstrikes.

Thirteen Democratic senators announced Thursday that they were working on legislation to require greater evidence from nations receiving U.S. weapons that their militaries are not committing war crimes.

The sale is likely to infuriate Arab leaders, who criticized the Biden administration for blocking attempts to pressure Israel for an immediate cease-fire.

On Thursday, Mr. Blinken said at a news conference that “it is imperative — it remains imperative — that Israel put a premium on civilian protection, and there does remain a gap between exactly what I said when I was there, the intent to protect civilians, and the actual results that we’re seeing on the ground.”

And on Thursday, the Reuters news agency published an investigation that concluded a strike by an Israeli tank crew had killed one of its video journalists, Issam Abdallah, in South Lebanon on Oct. 13. The strike severely injured an Agence France-Presse photographer, Christina Assi, and wounded five other journalists.

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The sale includes 13,891 high explosives anti-tank multi-purpose with kerran tank shells as well as U.S. support, engineering and logistics. The materiel will come from the Army.

During the informal review process, members can ask the State Department questions regarding how the weapons will be used and whether the purchaser will try to reduce civilian casualties. The formal notification is given to Congress by the State Department once the committees have approved the sales.

The senator from Maryland, who was asked about expedited approval for the sale, said that a congressional review is a critical step. The administration made a decision to short-circuit what is already a quick time frame for the congressional review. The public deserves better.”

“Issam was not in an active combat zone when he was struck,” Reuters said in a statement. “He and his colleagues were alongside journalists from other news outlets, in an area far from active conflict.”

At least four administrations have used the authority since 1979. The Bush administration was able to quickly deliver weapons to Saudi Arabia because of it.

Pompeo came under heavy criticism for the move, which some believed may have violated the law because many of the weapons involved had yet to be built and could not be delivered urgently. He was not involved in any wrongdoing after the investigation.

In May, 2019, then-Secretary of State Mike Pompeo made an emergency determination for an $8.1 billion sales of weapons to Saudi Arabia, the United Arab Emirates and Jordan after it became clear that the Trump administration would have trouble overcoming lawmakers’ concerns about the Saudi- UAE-led war in Yemen.

“The United States is committed to the security of Israel, and it is vital to U.S. national interests to assist Israel to develop and maintain a strong and ready self-defense capability. The proposed sale is in line with the objectives, the department said. “Israel will use the enhanced capability as a deterrent to regional threats and to strengthen its homeland defense.”

There is a requirement for congressional review for foreign military sales. Such determinations are rare, but not unprecedented, when administrations see an urgent need for weapons to be delivered without waiting for lawmakers’ approval.

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