Resolution to block arms sale to Israel won’t pass the Senate

An effort by Sen. Bernie Sanders to block a US$735 million arms sale to Israel appears doomed in the Senate. His effort is largely symbolic, and short-lived, as he faces multiple headaches that essentially guarantee his resolution won’t pass the Senate. 

Midnight Friday is the end of the 15 days for this particular commercial sale to Israel, and the export license can be issued after that. It is usually done so pretty much automatically when time expires.

“Our goal must be to bring, to do everything possible, under very, very difficult circumstances to bring the Israelis and the Palestinians together,” Sanders said. “That is the best way we fight terrorism, not just give support to Israel. We need an even handed approach.”

Typically when lawmakers try to prevent an arms sale — something Congress has never accomplished through a joint resolution — they are able to force a vote, with passage requiring only a simple majority in the Senate by using the Arms Export Control Act to bypass the 60-vote filibuster.

That means Sanders would need 51 votes, or 50 votes and Vice President Harris to vote against the administration’s arms sale.

With deep Democratic divisions over what tactics the administration should deploy against Israel, a long-time ally that typically enjoys bipartisan support, Sanders does not appear to have a path to the votes he needs.

Among those opposing the resolution is Sen. Bob Menendez, chairman of the Foreign Relations Committee. “I wouldn't be supporting it,” Menendez said.

Sen. Ben Cardin also said he isn’t on board, adding that he doesn’t think there are 50 votes in the Senate to try to block the sale. “I’m not supportive of his resolution,” Cardin said. “I have confidence that the Biden administration is handling it properly.”

Sen. Chris Murphy, who has used the same provision of the Arms Export Control Act to try to block arms sales to Saudi Arabia — said he was waiting to get briefed before taking a position on the sale to Israel.

Sen. Tim Kaine, a member of the Armed Services and Foreign Relations committees, declined to take a position on Sanders’s resolution but signaled that he trusted the Biden administration’s approach. “The sale is going to take place a year from now ... I hope they are talking to them about the proposed use of these weapons,” Kaine said.

While a growing number of Democrats, including leadership in both chambers, publicly backed efforts for a cease-fire, calling off the arms sale didn’t garner nearly as much support.

Even Sen. Rand Paul, a libertarian-minded Republican who typically supports blocking arms sales, said he wouldn’t back the resolution. "I have been opposed in the past to arms sales to people who I think are acting in a way that's sort of an undemocratic way, a tyrannical way," Paul said. "I think what I see Israel doing is acting in self-defense."

Most arms sales are subject to a 30-day congressional review period during which lawmakers can attempt to block the deal if they want. But some close allies, including Israel, are afforded a 15-day review period, which runs out this week.

But a disagreement has cropped up over when the review window expires and, once it does, what it means for Sanders’s ability to force a vote. “I think procedurally he may be out of time,” Menendez said. “But I’m not sure, we’ll see what the parliamentarian has to say.”

The Senate aide and Cardin both said they expected that once the review window expires, Sanders’s resolution loses its privileged status that allows him to force a quick vote.

Under the fast-track procedures, Sanders still needs to let the resolution sit in the Foreign Relations Committee for 10 calendar days before he can try to bring it to the Senate floor. And the House is out of town until mid-June, well past the congressional review period.