Rubio Bypasses Congress on Israel Arms Sale

April 2025

U.S. Secretary of State Marco Rubio bypassed Congress and signed a “declaration to use emergency authorities to expedite the delivery of approximately $4 billion worth” of munitions to Israel.

The Defense Security Cooperation Agency said that the sale included 35,529 BLU-117 2,000-pound bombs, which are among the most powerful and destructive in the U.S. inventory.

Under Section 36 of the Arms Export Control Act, the president or secretary of state must notify Congress of any major arms transfer worth more than $100 million to Israel or another close ally 15 calendar days in advance before the administration can proceed with the transaction.

That section allows the president to waive the 15-day review process by informing Congress that “an emergency exists” necessitating that the sale be made immediately, if deemed “in the national security interests of the United States.” When conveying such a notification, the president is required to provide Congress with a “detailed justification for his determination, including a description of the emergency circumstances” that necessitates the waiver.

In his March 1 announcement, Rubio did not cite any specific emergency necessitating the sale or provide a detailed justification for it, saying only that the Trump administration “will continue to use all available tools to fulfill America’s long-standing commitment to Israel’s security, including means to counter security threats.”

Two-thousand-pound bombs such as the BLU-117 have been used by the Israeli military to level buildings in Gaza thought to house Hamas militants, who launched the deadly Oct. 7, 2023, raid on Israel. Whether or not such heavy bombs succeed in killing militants, they typically kill or injure many noncombatants living in or near the targeted structures. The Biden administration suspended deliveries of these munitions in May 2024, fearing that their use by Israeli forces to destroy Hamas strongholds in the Gazan city of Rafah would result in excessive civilian casualties, but the Trump administration resumed shipments Jan. 25.—MICHAEL T. KLARE