Democrats upset with Biden administration for bypassing Congress on Israel weapons — again

Senate Democrats are fuming over the Biden administration’s decision to bypass Congress a second time to send weapons to Israel, citing mounting concerns about the humanitarian crisis in Gaza.

The Defense Department said Friday that Secretary of State Antony Blinken had notified Congress about its second emergency determination to cover over $147.5 million in equipment sales, including new fuses and chargers for the 155 mm shells already purchased by the Israeli military.

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“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,” Blinken said in a statement.

The emergency determination allows the Biden administration to waive the congressional review process typically required for foreign military sales.

But it is the second such emergency weapons sale the Biden administration has greenlit for Israel in less than a month without congressional approval. Blinken used the same powers just weeks earlier, on Dec. 9, when the administration pushed through a separate $106.5 million tranche of weapons funding to purchase nearly 14,000 rounds of tank ammunition.

The back-to-back emergency declarations for Israel sparked fresh criticism from Senate Democrats who have cited concerns that the Israeli military has failed to take the necessary steps to prevent civilian causalities in Gaza, as the death toll surpasses 21,000, according to the Hamas-run health ministry.

More specifically, however, Democrats in the chamber condemned the method by which the State Department authorized the sales, arguing that by using the emergency determination to approve weapons funding for a foreign military, the Biden administration is removing an essential check on the executive branch.

“Unnecessarily bypassing Congress means keeping the American people in the dark,” Sen. Tim Kaine (D-VA) told Punchbowl News. “We need a public explanation of the rationale behind this decision — the second such decision this month.”

By failing to include the legislative branch in the decision-making process for foreign military sales, the Biden administration’s decision “undermines transparency and weakens accountability,” Sen. Chris Van Hollen (D-MD) said in a statement on Sunday.

The weapons sent to Israel have “been used to devastating effect in Gaza, contributing to the death and injury of countless civilians and the displacement of an estimated 2 million people,” Sen. Peter Welch (D-VT) said on Sunday.

“The war in Gaza has generated immense controversy and concern in the United States and around the world,” Welch said in a statement. “The president should follow the established procedure of submitting his arms sales recommendations to Congress for prior approval.”

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The criticism comes as Senate Democrats have called for certain conditions on U.S. military aid, including a provision that recipient countries adhere to international armed conflict laws.

Meanwhile, President Joe Biden’s nearly $106 billion request for foreign military aid to Ukraine, Israel, Taiwan, and Indo-Pacific partners continues to stall in the Senate over negotiations on a border security bill.