Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Trump's Sale of Arms to Israel Violates U.S. Law

Opinion

U.S. Ambassador to Israel Mike Huckabee speaks as Israeli Ambassador to the U.S. Yechiel Leiter, U.S. Vice President JD Vance, U.S

U.S. Ambassador to Israel Mike Huckabee speaks as Israeli Ambassador to the U.S. Yechiel Leiter, U.S. Vice President JD Vance, U.S

Alex Wong/Getty Images

President Trump recently announced a $2.8 billion deal to sell arms to Israel, including 60,000 powerful one-ton bombs, which Israel had widely used to devastate densely populated areas of Gaza.

U.S. law prohibits arms sales in various situations. The Arms Export Control Act (AECA) and the Foreign Assistance Act (FAA) establish eligibility prerequisites for the sale of defense articles to foreign governments. The acts also require that such sales be for specific authorized military purposes.


Israel is technically in a cease-fire with Hamas, although during this period it has continued to use missiles, bombs, and artillery to attack Palestinians in Gaza. When the war was at its peak, most neutral parties in the world agreed that what began as a legitimate defensive action by Israel after the October 7 Hamas attack had turned into an offensive war.

What difference does that make in terms of the legality of Trump's deal? First, under the AECA, defense articles may be sold for specific purposes only, including "internal security and legitimate self-defense." Second, the FAA specifically prohibits security assistance to any country whose government engages in a "consistent pattern of gross violations of internationally recognized human rights."

Without question, the use of arms against Gaza has gone far beyond "legitimate self-defense," and the 60,000-ton bombs in this context are exclusively offensive. As to violating human rights, many observers argue that Israel has engaged in a "consistent pattern" of such violations. This arms deal is thus definitely against U.S. policy and law.

Congress could pass a resolution calling on the President to not go through with the sale because it violates laws passed by Congress. But this Republican-controlled Congress will obviously not pass such a resolution. Nor will the Democrats seek to force a vote on such a resolution because the country in question is Israel, and despite all the controversy about Israel's actions during and after the Gaza War, only a minority of Democrats in Congress would likely support such a resolution.

This is not a new situation. President Biden was guilty of the same action when he approved a $20 billion sale of arms to Israel in 2024.

Nor is the violation of this law limited to arms sales to Israel. Questions have also been raised regarding past arms sales to Saudi Arabia and to Egypt. Politics and short-term goals often, not surprisingly, override humanitarian concerns.

These sales raise several basic questions. First, is the goal of the government's foreign policy to support our "friends," regardless of the laws in place or human rights concerns, or is the goal to support ethical standards by our and all governments, especially those that flow from the Declaration of Independence?

The reader may well ask what the Declaration has to do with issues of foreign policy. In my book, We Still Hold These Truths:An American Manifesto, I used the Declaration as a touchstone to look at all areas of government policy, including foreign policy and defense. While foreign policy must be pragmatic, it should be consistent with the principles America stands for: democracy, human rights, and the legitimate aspirations of all people as recognized in the Declaration.

Instead, as stated in the book, foreign policy has often been based more on military, industrial, or political interests—a narrow reading of our national interest. As a result, "the government has often resorted to gross stereotypes and a good-versus-evil analysis of who is friend or foe, an analysis that ultimately was often against the country’s best interests."

The second question is, how can the President and Congress itself be allowed to ignore what is very clearly the law of the land? What of their oath of office to support the Constitution?.

The President does have the power to overrule these concerns as provided for in both the AECA and FAA, but when he does so, by their requiring a waiver or certification, there must be an acknowledgment that he is doing that and why.

In Trump's or Biden's action, there is no acknowledgment of the fact that Israel's use of these weapons is mostly for offensive rather than defensive action, nor of Israel's consistent violation of Palestinian human rights, but that "extraordinary circumstances" warrant moving forward with the sale and that they were thus overruling the law. They instead chose to move forward with the sale, acting as though there is no violation that the President is overruling. They took the easy way out.

By not acknowledging the problem and stating they were granting a waiver or overruling the restrictions of the law, both Trump and Biden were in violation of U.S. law. And the President should be held to account for that.


Ronald L. Hirsch is a teacher, legal aid lawyer, survey researcher, nonprofit executive, consultant, composer, author, and volunteer. He is a graduate of Brown University and the University of Chicago Law School and the author of We Still Hold These Truths. Read more of his writing at www.PreservingAmericanValues.com


Read More

Statue of justice, gavel, and open book on table
Statue of justice, gavel, and open book on table

Partisan Loyalty Now Drives Americans’ Trust in Justice

Americans have rarely trusted their institutions less. In June, Gallup found average confidence in the 14 institutions it tracks was near a record low. Some 9% of the public trusted Congress, 27% trusted the Supreme Court, and 45% trusted the police. The criminal justice system, as a whole, ranked near the bottom.

Below those totals, however, lies a more telling story of divergence. Trust increasingly depends not on how an institution behaves, but on whether your side happens to run it. Republicans and Democrats each only have even a modest degree of confidence in Congress when their party is in control.

Keep ReadingShow less
What Comes Next for the 1 Million People Who Have Lost – or Will Soon Lose – Temporary Protected Status

People hold Haitian flags and signs during a July 2026 rally in San Diego in support of immigrants living in the U.S. with Temporary Protected Status.

What Comes Next for the 1 Million People Who Have Lost – or Will Soon Lose – Temporary Protected Status

At the beginning of President Donald Trump’s second term, 1.3 million individuals from 17 countries were living and working in the U.S. under Temporary Protected Status, or TPS.

TPS is a humanitarian form of protection from deportation for people who cannot return to their home countries because of an armed conflict, environmental disaster or other extraordinary circumstances.

Keep ReadingShow less
United States Customs and Border Protection sign

Signage over the headquarter entrance of the United States Customs and Border Protection building in Washington, D.C.

Getty Images

New bill seeks to limit TSA data sharing with ICE

A newly proposed bill in Congress would restrict the Department of Homeland Security from using airline passenger information for immigration enforcement, following growing scrutiny over a previously undisclosed data-sharing agreement between the Transportation Security Administration and U.S. Immigration and Customs Enforcement.

The “No TSA Data for ICE Act,” introduced earlier this month by U.S. Rep. Rashida Tlaib (D-Detroit), comes amid concerns over how information collected from passengers for air travel is being used by federal immigration authorities.

Keep ReadingShow less
Judge's hand holding wooden hammer

A lawyer breaks down 'rule of law' using everyday analogies—sports, board games—to explain why recent government actions threaten this founding principle.

naruecha jenthaisong/Getty Images

The Rule of Law Is Simple—and Essential to American Democracy

This series from Lawyers Defending American Democracy connects the words of the Declaration of Independence and the Constitution to current events that threaten democracy and the justice system. Each piece highlights the unique responsibility lawyers carry—through their oath, professional obligations, and roles in their communities—to help the public understand what’s at risk and to speak out when democratic principles are under threat. LDAD’s call to action is straightforward: as the Founders once did, we must recognize threats to constitutional values, demand accountability, and act to defend them.

Before the first No Kings rally last year, I carefully hand-lettered a sign that I thought perfectly encapsulated the day's theme. On one side, it read “IN THIS COUNTRY, THE RULE OF LAW IS KING." On the other, it read, "A GOVERNMENT OF LAWS, NOT OF MEN (John Adams)." I carried my sign proudly, certain that it would be a big hit. But the only reaction I got was someone asking me, “Are you a lawyer?” I wonder what gave me away.

Keep ReadingShow less