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Reactions to Emirati acquisition of the F-35 have largely focused on whether Israel will support such a sale and the related requirement in U.S. domestic law to ensure Israel’s military superiority against all other countries in the Middle East. The longstanding policy term, later codified in law, is “qualitative military edge.” From the Emirati point of view, if they have entered into full diplomatic relations with Israel — with a promised “warm peace,” in the words of Emirati officials — and both countries share the same threat perspective, then Israel should have confidence that these advanced weapons will not be turned against it and should therefore not object to the sale. Moreover, unlike Egypt and Jordan, the United Arab Emirates has never attacked Israel.

Weapons sales are a leading area of competition in the Middle East, and in the words of the former Acting Assistant Secretary for Political-Military Affairs Tina Kaidanow: Arms transfers are foreign policy. When we transfer a system or a capability to a foreign partner, we are affecting regional — or foreign internal — balances of power; we are sending a signal of support; and we are establishing or sustaining relationships that may last for generations and provide benefits for an extended period of time.

selling the F-35 to the United Arab Emirates would say much more about the Washington’s partnership with Abu Dhabi than it would about the evolving Emirati-Israeli relationship

Selling the F-35 to a country ought to be a signal that the United States has the highest measure of confidence in that country’s warfighting capabilities, decision-making on the use of force, and commitments to protecting sensitive technology. The Emirati record on each of these issues does not, however, inspire the highest confidence. The record is mixed.

As former government officials serving in the State and Defense Departments as well as in Congress, we are confident that the process going forward will be messy and time-consuming, specifically because the current case breaks precedent in so many ways.

competitors in the global arms export industry — particularly Russia and China — also leverage arms sales, but by and large with no strings attached for their use. Both governments use arms sales to challenge U.S. market dominance and to undermine American partnerships in the region

Reflecting a long-held U.S. policy view, during his nomination hearing Washington’s envoy to Abu Dhabi noted that the country “is a moderating and stabilizing force in one of the world’s most volatile regions.” The United Arab Emirates stands out among other militaries in the region for having contributed military forces to many U.S.-led coalitions since the first Gulf War — Kosovo (late 1990s), Somalia (1992), Afghanistan (since 2003), Libya (2011) and the anti-ISIL coalition (2014 to 2015). Indeed, Jared Kushner set a new precedent for framing the American-Emirati partnership when he effectively equated it with that of America and Israel, terming them comparably “special” during his most recent visit to the Middle East.

Emirati regional policies have been the subject of increasing congressional concern in recent years, largely focused on the country’s actions in Yemen and Libya. Since the beginning the Saudi-led coalition’s 2015 intervention in Yemen, most congressional action focused on the Saudi role in the conflict and not the Emirati one. But in 2018, congressional concern peaked in response to Emirati plans to launch an offensive to seize the Yemeni port of Hudaydah. The Trump administration subsequently declined to provide military support for the Emirati operation, given the risks of worsening an already severe humanitarian crisis, concerns regarding the complexities of the proposed military operation, and the likelihood of mass civilian casualties

In both Yemen and Libya, Abu Dhabi has not succeeded in leveraging its robust military investments toward political processes that would end the conflicts. In both contexts the divergent policies of the United States and United Arab Emirates — including use of military force, conduct in combat, and utilization of U.S. defense articles — should be considered as part of the F-35 deliberations.

Since the Yemen war’s inception in 2015, members of Congress have raised concerns about the conflict and U.S. support for the Saudi-led coalition, in which Abu Dhabi was a partner and to which it contributed forces until withdrawing in the summer of 2019. These concerns, and the Trump administration’s refusal to address them, culminated in Congress mandating a report on steps taken by both governments to reduce civilian casualties and comply with laws and agreements governing the use of U.S.-origin weapons — indicating skepticism that either country was doing so

protecting Israel’s military superiority consists of both legal requirements and longstanding political and process steps that, while not mandated by law, have paved the way for decades of bipartisan congressional consent to arms sales in the Middle East, including of advanced fighter aircraft. The requirement to protect Israel’s “qualitative military edge” is enshrined in 2008 naval vessel transfer legislation, although it had been implemented as a matter of policy between Washington and Jerusalem since the 1973 Arab-Israeli war.

Presumably, the United Arab Emirates and Israel entering into formal relations affirms that the former does not pose such a military threat. The Israeli perspective at the moment, however, has been complicated by the continuing murk over whether Prime Minister Benjamin Netanyahu blessed the U.S. commitment to sell the Emirati government the F-35 — without the knowledge of his own defense minister. Tensions in Netanyahu’s fragile governing coalition and a larger uproar in Israel’s defense establishment have prompted an awkward pas de deux among American, Emirati, and Israeli officials. Netanyahu — responding to concerns raised by the Israeli defense establishment — stated emphatically during an Aug. 24 joint press conference with Secretary of State Mike Pompeo that he had not consented to any arms deal as part of normalization. Given Netanyahu’s close relationship with Trump, it is safe to say that no one in either country finds this claim credible. The public spat over Israeli consent to Emirati acquisition of the F-35 escalated when Netanyahu publicly vowed to go to Congress in opposition to the sale, and the United Arab Emirates in response cancelled a planned meeting between the Israeli and Emirati ambassadors to the United Nations.

extensive discussions should be expected between Israeli and U.S. technical and military experts to agree on the appropriate mix of offsets to ensure Israel’s military superiority. The offsets may involve discussions of quantity (how many F-35s the Emiratis will acquire versus the Israelis), technical variations in the F-35 platform, or additional sales and assistance to Israel. This challenge is not insurmountable, but it will be time-consuming and extend pass the upcoming American electoral cycle

The standard for this level of consultation with Israel before moving forward with arms sales packages to others in the region was set by the Obama administration — first in 2011 with the sale of F-15 fighter jets to Saudi Arabia, and later in 2013 with the sale of F-16 fighter jets to the United Arab Emirates along with stand-off weapons to both the Saudis and the Emiratis. Concurrent with 2013 sales, the Obama administration negotiated a package for Israel to maintain its military edge that included V-22 Osprey aircraft, advanced refueling tankers, and anti-air defense missiles.

Though Israel has no legal right to  block the United States from selling a weapon to another country in the Middle East, Israeli support is critical, particularly during the period of congressional notification. Members of Congress on both sides of the aisle will consult with the Israeli government, and will prefer to support a sale that earns a clear green light from the Israeli government. Members are likely be left unsatisfied by ambiguous and lukewarm Israel responses to the question of selling the F-35 to the Emiratis, precisely because technical talks have not yet begun. All parties risk being stuck between the divisive politics of the moment, and the deliberative, lengthy policy considerations that such arms transfer packages usually entail, opening the door to a further erosion of bipartisanship on a key issue of national security importance — the what, when, and how of a decision by the United States to provide advanced weapons systems to partner states in the Middle East.

Arab capitals are closely following whether the United States will follow through on its apparent commitment to sell the F-35 (and assorted other high-end systems) to Abu Dhabi, and whether American deliverables are sufficiently compelling to consider bringing their own relations with Israel into the daylight

The historical record from Egypt to Jordan and now the United Arab Emirates — across administrations of both political parties — is that formal relations with Israel facilitate strategic consistency from Washington

Will Egypt and Jordan request the F-35 in light of their existing peace treaties with Israel? Will countries in closer geographic proximity, like Saudi Arabia, request the F-35 and additional advanced U.S. weapons as part of their normalization package?

For Israel, Iran and Turkey represent sobering examples in that regard — previously solid security partners within seemingly stable governance structures that became hostile.

military edge risks eroding as Arab governments, whether blocked from purchasing certain weapons from the United States or in addition to acquiring them, turn to China, Russia, and other weapons exporters not obligated to maintain Israel’s military superiority

Competition in the Middle East between the United States and its adversaries is intensifying — particularly in the weapons sales arena

Washington may find itself in an escalating — and unsustainable — cycle of supplementing and upgrading support, technology, and other military offsets to Israel.

“This is a president who has a Saudi Arabia-first foreign policy. This is all on the White House, and Republicans at the end of the day would not fight their own president on this issue.”

“The extent to which so many senators spoke for so many months about the need to hold Khashoggi’s killers accountable, only to fold at crunch time, is truly pathetic,” said Rob Berschinski, the senior vice president for policy at Human Rights First.

Khanna and anti-war activist groups that he’s worked closely with on Yemen are currently regrouping to chart a new path forward after a major defeat this week. One avenue may be the appropriations process as Congress faces a deadline to fund the government by the end of next week.

presidential administrations have relied on Article 2 of the US Constitution, which grants limited war powers to the executive branch, and legislation passed by Congress – usually the so-called Authorizations of Use of Military Force (AUMFs).

the administration of Former President Donald Trump used the 2002 Iraq AUMF, in part, to justify the deadly drone strike on Iranian General Qassem Soleimani on the outskirts of the Iraqi capital Baghdad in early 2020.

Iraq remains a particularly significant arena when it comes to the potential for wider escalation. That is largely due to the presence of Iran-aligned militias in Iraq, Iran’s outsized involvement in its neighbour and ongoing political and economic crises. The US has 2,000 troops in Iraq, operating in advisory roles. Foreign forces are regularly targeted by armed groups calling for their removal.

Repeal of the 2002 AUMF has had uniquely bipartisan support in Congress in recent years, with a standalone bill introduced in 2021 by Representative Barbara Lee passing the Democrat-controlled House with the support of 49 Republicans.

Past congressional efforts have made for some interesting bedfellows, with several Trump-aligned legislators in the Republican Party’s farthest-right reaches – including Representatives Matt Gaetz, Marjorie Taylor Greene and Lauren Boebert – joining the Democratic majority in pursuit of repeal.

a Senate floor vote on the standalone repeal never came to pass, likely due to concerns over how much limited floor-time debate over the legislation would eat up, according to analysts

In the Senate, all 11 Republican co-sponsors of the 2022 repeal bill remain in office, while 40 of the 49 Republicans who supported the House bill in 2021 have kept their seats.

large portions of the Republican Party remaining opposed

Congress never specifically approved military involvement in the Saudi-Houthi civil war

While the war is effectively stalemated, Saudi Arabia’s rising new leader, Crown Prince Mohammed bin Salman, seems committed to a military victory despite the horrors caused by the fighting. He has been emboldened by Mr. Trump, who has been willing to sell the kingdom almost any new military hardware it wants

Saudi Arabia is less secure now than when it began its air campaign three years ago

the United Nations is planning to put forward a new proposal to restart peace negotiations. Congress could improve the chance of success by cutting off military aid to Saudi Arabia and voting to bar the use of American troops against the Houthis in Yemen

Neither the 1957 nor 1991 AUMFs are being used for ongoing military operations. The 1991 AUMF authorized U.S. forces to repel the Iraqi invasion of Kuwait three decades ago, and enforce UN resolutions that expired long ago. The 1957 law is much more vague. It declares a U.S. policy of using “armed forces” to defend nations in “the general area of the Middle East” against “armed aggression from any country controlled by international communism.”

While it could help strengthen Western Sahara groups, he said there’s also a risk that it could end up legitimizing unrepresentative, pro-government organizations on the ground.

the prince is as close to a pariah as a senior member of the royal family has ever been in the 75 years of the Saudi-American alliance

the crown prince must now recognize the limitations of his ill-judged strategy to base relations with the U.S., the kingdom’s indispensable ally, exclusively on the cultivation of the first family. Previous Saudi rulers would have been able to rely on friends in Congress to plead with the White House for leniency. But MBS has few friends in Washington — and the army of lobbyists he maintains there is of limited use in a crisis.

MBS’s dependence on Trump — and the White House veto — to override this antagonism made him highly vulnerable to presidential strong-arm tactics.

The prince is now in a bind. He desperately needs to rebuild bridges with Congress, but that will be harder now that he has injured U.S. oil interests. Nor can he easily submit to pressure from American lawmakers on other issues without losing face at home and in the Arab world. 

The timing of his humiliation by Trump is especially unpropitious: The twin blows of the oil war and the coronavirus pandemic have greatly damaged the Saudi economy and undermined his ambitious reform agenda at home. His cherished plan to build a futuristic megacity on the Red Sea coast is facing unexpected opposition. Much effort and cost will be required to extricate Saudi Arabia from the Yemeni quagmire with a semblance of dignity.

Jordan had long held back from a peace treaty with Israel because it did not want to get in front of the Palestinians. It did not want a separate treaty with Israel, like President Anwar Sadat had done for Egypt. But now Arafat was engaging in direct talks with the Israelis to make a peace agreement: Jordan would not be alone. Even the Syrians were engaging with Israel via the Americans. Jordan was free to negotiate a peace treaty with Israel after decades of clandestine contacts begun by Hussein’s grandfather King Abdullah without fear of a backlash from the other Arabs

Jordan and Israel would keep the Americans informed, but the king did not want Washington using its leverage in a negotiation process given the Americans’ closer ties to Israel.

Rabin had met with the king secretly for almost two decades

The Rabin-Hussein relationship was crucial to the success of the negotiations. Both trusted the other. Hussein saw Rabin as a military man who had the security issues under his command. He was convinced that he had a unique opportunity to get a peace treaty and Rabin was central to the opening.

The king also saw the negotiation process as almost more of a religious experience than a diplomatic solution to the passions of the Arab-Israeli conflict. He spoke movingly of restoring peace between the children of Abraham. He wanted a warm peace, not the cold peace between Egypt and Israel.

Jerusalem was also a core issue for the Hashemite family. Despite losing physical control of East Jerusalem in 1967, the king had retained influence in the Muslim institutions that administered the holy sites in the city. The preservation of Jordan’s role in the administration of the third holiest city of Islam was a very high priority of Hussein then, and still is for his son King Abdullah today

Clinton had studied the Jordanian wish list carefully. The top priority was for debt forgiveness, amounting to $700 million dollars. Clinton told Hussein that this would be a tough lift on Capitol Hill. If Hussein would meet Rabin at a public ceremony in the White House hosted by the president, Clinton said he could get the debt relief and progress on Jordan’s other requests.

The king told his aides that this was the best meeting he had had with an American president since his first with Dwight D. Eisenhower in 1959. On July 9, the king told the Jordanian parliament that it was time for an end to the state of war with Israel and for a public meeting with the Israeli leadership. He wanted the meeting to take place in the region.

The Jordanian and Israeli peace teams met publicly on the border to start the rollout, followed by a foreign ministers meeting at the Dead Sea in Jordan — a way to bring Peres into the photo op but not the negotiations.

The Americans got a copy only on the night before the White House ceremony.

On July 25, 1994, Clinton read the declaration on the White House lawn and Rabin and Hussein signed it. It terminated the state of war. Israel formally undertook to respect the special role of the Hashemite Kingdom of Jordan in the Muslim holy shrines in Jerusalem. All three gave speeches, but the king’s address got the most attention. His speech included a clear and unqualified statement that the state of war was over. He spoke of the realization of peace as the fulfillment of his life-long dream.

Clinton spoke of the king’s extraordinary courage in pursuit of peace. He compared him to his grandfather, who had been assassinated for his talks with Israel

Rabin and Hussein addressed a joint session of Congress. Hussein spoke about his grandfather’s commitment to peace. “I have pledged my life to fulfilling his dream.” Both received standing ovations. Behind the scenes, Halevy was lobbying Congress for debt relief. He returned to the region on the royal aircraft with the king and queen.

Teams from the two countries met every day, mostly at the crown prince’s house in Aqaba. Hassan supervised the day-to-day talks for his brother.

The toughest issues were land and water.

The final issues were addressed at another Rabin-Hussein summit meeting in Amman on the evening of October 16. The two leaders got down on their hands and knees to pour over a large map of the entire border from north to south and personally delineated the line. Two small areas got special treatment: Israel would lease the two areas from Jordan so Israeli farmers could continue access to their cultivation. By 4am, it was done.

On October 26, 1994, Clinton witnessed the signing of the treaty on the border by the prime ministers of Israel and Jordan. It was only the second visit to Jordan by a sitting American president

Many Jordanians felt it was dishonorable to make peace with Israel while the occupation of the West Bank continued. Some argue that it legitimates the Israeli occupation. It has gotten progressively more unpopular in the 25 years since the signing ceremony

Two years later, Prime Minister Benjamin Netanyahu dispatched a Mossad hit team to Amman to poison a Hamas leader. The botched murder attempt created a crisis in the new peace, and Halevy had to be called back from his new job in Brussels as ambassador to the European Union to smooth out the disaster and get the Mossad team released. He would then be appointed the head of the Mossad.

Hussein never trusted or respected Netanyahu after it, and the peace has been cold ever since

Hussein’s strategic goal of restoring bilateral relations with the United States was achieved

in December 1999, I traveled with Clinton and three former presidents to attend Hussein’s funeral in Amman in a strong demonstration of America’s commitment to Jordan.

The Trump administration has tilted dramatically toward Israel on all the issues that concern Jordanians about the future of the Palestinian issue, especially the status of Jerusalem. The movement of the American embassy to Jerusalem was a particularly important shock to the peace treaty. If Israel begins to annex parts of the West Bank, as Netanyahu has promised, the Jordanians will be in a corner. The treaty may be more endangered today than ever before.

The Pentagon's reexamination of the agency’s role in protecting diplomats in war zones has come as top members of Congress are also looking at options to give the hollowed-out State Department more firepower, such as the Provincial Reconstruction Teams used in the 2007 Iraq troop surge led by Gen. David Petraeus.

terror groups such as al-Qaeda in the Arabian Peninsula and the Islamic State — the main focus of American strategy in the war-torn country — as well as Iran could exploit power vacuums in the country.

The proposal would specifically allow State Department and USAID staffers to be detailed to Pentagon forces, allowing the Defense Department to maintain legal authority to protect American diplomats or aid workers. It would also allow the Defense Department to assume the authority to conduct stabilization operations if State personnel are unwilling to go. The defense spokesperson said though the Pentagon often has access to conflict zones, the agency “has extremely limited authority to conduct stabilization activities” or to support the State Department or USAID.

Sen. Chris Murphy, D-Ct., has called on the Donald Trump administration to create a hybrid class of so called “warrior-diplomats” who have the ability to protect themselves and provide conflict resolution support.

Netanyahu knows Obama will be paralyzed by congress. He is enjoying his power. One can only wonder whether the US president will have a better bargaining position with Israel once Iran has acquired a nuclear bomb?

The seeming failure of America’s Palestine policy means that Damascus, while hoping for the best, will expect little. US diplomats are constantly reminding Syrian officials that it is not in their power to rescind sanctions. They invoke the strength of the pro-Israel lobby in congress as an excuse for their impotence. What is Syria to make of this? Naturally, Syrian officials are loath to do favors for Americans who claim to be able to do little in return.