I think I said they're "ignoring it".
I still think they are ignoring it. My understanding of their position is that the law is faulty, and due to how it's written they need not make a "determination". The logic in this position, if correct, would apply whether or not aid is now due.
It's curious the admin can't simply say "well, no aid is due until next Spring, so we're under no pressure to make a decision ATM. It may be that democratic rule will be restored by Spring thus rendering the entire issue moot" etc. If fact, this position strikes as advantageous and something that would be applauded as it puts pressure on the military to transition to democratic.
I do not like the 'just ignore the law' position they seem to have taken. The admin did with the Libyan situation among others. It's a bad habit.
Fern
I went back and reread all your remarks, in context. I don't think you realized that there was no illegality here until I pointed out that no aid is currently flowing. You argued that the statute was clear: if a, then b. You were correct. The problem is that the statute is inapplicable at the moment. It isn't even truly being "ignored" until it actually applies. You also wondered why this wasn't taken to Congress, as if it needed to be in order to be legal. Having Congress make an exception here sends the message to the Egyptians that they can take their time in holding elections, and says to the rest of the world that we supported a coup against a democratically elected government.
As to your opinion that they should have explained it more clearly, I think it's clear that how they are messaging this is entirely for diplomatic reasons. They are trying to walk a line between supporting the military regime and not coming off as approving of a coup, while at the same time they want to pressure the regime to hold elections or WE look bad for not condemning the coup (much). Spelling it all out sends a message that we really do support the regime and its coup. It's saying, look, we don't have to condemn our allies because happily it isn't necessary right now. Remember, we are trying to message this as neither supporting nor condemning what happened, meaning that the less said, the better. I'm not sure you appreciate that this is a difficult situation from a diplomatic standpoint, that this coup put us in a bad position.
Sometimes diplomacy comes across strangely to people who are not its intended audience. People on a discussion board trying to determine the legality of their actions is not their audience. I'm not going to second guess the messaging unless it becomes clear that it isn't the right way to go about it.