Can Congress Force Biden to Sell Arms to Israel?

AP Photo/Mariam Zuhaib

Joe Biden has decided that the United States will not supply Israel with weapons it says it needs to finish the job of destroying Hamas and ending the war. This has angered many members of Congress who think Biden's action will prevent Israel from achieving its primary war aim of getting rid of an enemy that wants to destroy it. Republicans in the House and Senate have introduced legislation to rectify that situation.

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The Israel Security Assistance Support Act requires the "expeditious delivery" of the weapons Biden has embargoed and would withhold funds from the secretaries of defense and state until the embargoed arms were delivered.

The legislation also reaffirms Israel's right to self-defense and requires the administration to allow all previously approved arms sales to "proceed quickly."

Biden is trying to blunt the Republican argument by approving the immediate transfer of $1 billion in arms to Israel. The shipment will include "about $700 million for tank ammunition, $500 million in tactical vehicles, and $60 million in mortar rounds," according to the Associated Press.

It's not known exactly what legislation this shipment of arms is part of. It is not part of the recent $26 billion arms sale to Israel that Congress passed in late April. There's also no indication when the arms will be sent.

"Unlike the Administration, House Appropriators will not waver in our ironclad support for Israel," the group of co-sponsors said in a statement. "The House and Senate acted on the will of the people, overwhelmingly providing Israel with the firepower to send a message: the U.S. and our allies will not cower to terrorist organizations like Hamas."

House Majority Leader Steve Scalise (R-La.) added that it's "not President Biden's job to dictate to Israel how they should go about defending their right to exist and deterring violence against their people."

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In the Senate, Tom Cotton (R-Ark.) introduced similar legislation. The bill already has 20 co-sponsors.

Washington Free Beacon:

While some reports indicated the Senate would not get involved in the issue, Cotton’s legislative effort signals mounting frustration with the Biden administration's increasingly hostile relations with Israel. President Joe Biden has already paused some munitions shipments to Israel and has publicly threatened to pause more aid if Israel invades Rafah.

The White House is lobbying against the House version of the arms bill, with press secretary Karine Jean-Pierre telling reporters: "We strongly, strongly oppose attempts to constrain the president’s ability to deploy a U.S. security assistance consistent with U.S. foreign policy and national security objectives."

KJP might have added, "and the objectives of the president's reelection campaign."

"Joe Biden has sanctioned Israelis and placed an arms embargo on Israel while giving sanctions relief to Iran with no arms embargo for Iran," Cotton said in a statement to the Washington Free Beacon. "This bill will ensure that our Israeli allies continue to receive the support that they need to defeat Hamas, while making clear that any official who supports this embargo will be doing so without a paycheck."

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The fate of the bill is surprisingly uncertain. Normally, Democrats in the House and Senate would be expected to vote against such a bill to avoid embarrassing their party leader, Joe Biden. 

But House Minority Leader Hakeem Jeffries may make this a "vote of conscience" and not enforce party discipline. Twenty-six Democrats sent a letter to Biden last week expressing concern about the pause in arms deliveries. It's believed that anywhere from 25-40 Democrats will vote with Republicans and against Biden. 

Even if the bill passes the House and Senate, it will fall far short of defeating a certain veto by the president. 

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