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The Trump administration on Friday 24 May, invoked a rarely used provision in federal law 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.
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."
It also 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 Saudi-led coalition's military operation against Iran-backed Houthi rebels in Yemen, prompted lawmakers to block about $2 billion in arms sales to the kingdom for more than a year.
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.
Sen. Chris Murphy, D-Conn., who earlier this week warned against bypassing Congress, said the administration was only declaring an emergency 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."
Menendez and Murphy said they would challenge the decision but it was not immediately clear how they might do that.
"With this move, the president is destroying the productive and decades-long 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 Foreign Relations Committee, Republican Sen. 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 both Presidents George H.W. Bush and George W. Bush used it for sales before the 1991 Gulf War and the 2003 Iraq war.
The U.S. will send hundreds of additional troops and a dozen fighter jets to the Middle East in the coming weeks to counter what the Pentagon said is an escalating campaign by Iran to plan attacks against the U.S. and its interests in the region. And for the first time, Pentagon officials on Friday publicly blamed Iran and its proxies for recent tanker bombings near United Arab Emirates and a rocket attack in Iraq.
President Donald Trump told reporters Friday that the 1,500 troops would have a "mostly protective" role as part of a build-up that began this month in response to what the U.S said was a threat from Iran.
(Published in an arrangement with Associated Press)
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