Congressional aides said there are provisions of the Arms Control Act, which sets rules for international arms transactions, that would allow a president to approve a sale without congressional review in case of a national emergency.
In this case, they said the Republican president would cite rising tensions with Iran as a reason to provide more military equipment to Saudi Arabia, which he sees as an important U.S. partner in the region. Trump has touted arms sales to the Saudis as a way to generate U.S. jobs.
Trump previously declared an influx of immigrants a national emergency to bypass Congress and get $6 billion to build his wall along the Mexican border. Both Democrats and his fellow Republicans voted to block the move, forcing Trump to issue the first veto of his presidency.
Resistance in Congress
It was not immediately clear what equipment would be sold to Saudi Arabia or when any sale might go ahead.
However, any such plan would run into resistance in Congress, from Trump’s fellow Republicans as well as Democrats like Murphy, even in the Senate, where Republicans have a slim majority.
A handful of Republicans recently voted with Democrats in a failed effort to override Trump’s veto of a resolution that would have ended U.S. support for the Saudi-led military coalition in Yemen’s devastating civil war.
Many lawmakers from both parties have also expressed anger over the killing of journalist Jamal Khashoggi at a Saudi consulate in Turkey.
Senator Lindsey Graham, one of Trump’s closest congressional allies, told CNN he would oppose the administration if it decided to go around Congress, citing Khashoggi’s killing.
“We are not going to have business as usual until that issue is dealt with,” Graham said.
The State Department declined comment. The White House did not respond to a request for comment.
Defensive weapons
The top Republicans and Democrats on the Senate Foreign Relations and House of Representatives Foreign Affairs committees, who review major international weapons deals, have been approving sales of defensive military equipment to Saudi Arabia.
But they have been blocking the sale of offensive weapons like bombs, anti-tank missiles, small-diameter rockets and large mortars.
Senator Bob Menendez, the ranking Foreign Relations Democrat, has been blocking the sale of Raytheon Co’s precision-guided munitions (PGMs) to Saudi Arabia and the United Arab Emirates for about a year over concerns about the war in Yemen.