Lawsuit threatens $23B weapons sale to UAE [Lots more ladedah at the URL]
12 Jan 2021 Joe Gould"WASHINGTON ― A small, 2-year-old nonprofit think tank has taken a step that most advocacy organizations never dare try: It has sued the U.S. State Department to derail a $23 billion arms sale to the United Arab Emirates.
In a legal claim announced last month, the New York Center For Foreign Policy Affairs asserted that the Trump administration failed to provide a reasonable explanation for its decision to sell F-35 fighter jets and other weapons to the UAE, which places it in breach of the Administrative Procedure Act. It has asked the U.S. District Court for the District of Columbia to find the sale invalid.
The case is unusual, as is the theory of the case, but so is the Trump administration’s approach to the sale, said Brittany Benowitz, a legal expert on human rights and arms trade. Such legal challenges rarely succeed, but if this one does, it could halt the deal even if Washington and Abu Dhabi follow through with plans to sign contracts in the waning days of the Trump administration. “If you can say this deal was executed improperly and the contractor was on notice of that, which they are, then I think you can say it’s possible to stop the sale before delivery,” Benowitz said....
In the U.S., there has not been a successful court case of targeting government-to-government sales in recent years, according to Benowitz. What’s also unusual about the New York Center For Foreign Policy Affairs’ approach is that it doesn’t rely on a human rights argument but rather points to aberrations in the process ― particularly past end-use violations that ought to have disqualified the UAE, she said.
“There have been court challenges to arms sales in the past on human rights grounds, but this challenge on national security grounds under the Administrative Procedure Act is unprecedented,” she said. “It’s rare because we have never had a record of irregularities like the one we have now.”
By Benowitz’s reckoning, if a finalized deal is invalidated in the courts and it is found that the deal never should have been entered in the first place, its unlikely the U.S. could be penalized financially by the UAE. “To get a remedy, or damages, under contract law, you have to have ‘clean hands,’ so it would be difficult for the Emiratis to recoup,” she said."
Source: https://www.defensenews.com/congress/20 ... le-to-uae/