Yeah; reading the article it would seem "arguably legal" is probably a lot more accurate than "perfectly legal"
Now, there is a caveat in the EDA law. All weapons must be given away “as is, where is.” In other words, the U.S. government legally can’t pay for shipping.
But another caveat is that any weapons in Germany are excluded from this rule. Biden could ship those DPICMs to Germany aboard a few sealift ships and then declare them as excess to need before having the U.S. Army drop them off somewhere the Ukrainian armed forces would have no trouble retrieving them.
I mean, you can call this legal but when you're paying to ship equipment you've clearly decided is excess before declaring it "excess" in an attempt to get around the clear intent of the law...
Basically this comes down to: [The Executive Branch could use an arguably legal method to send to Ukraine 4 million 25 to 50 year old cluster shells that have been determined to be unreliable and unsafe]