Trump pushes F-35 sale to Turkey, but his own State Department says Erdoğan hasn't met legal requirements

A State Department letter to Congress confirms Turkey has not met legal conditions for the F-35, despite Trump's promise to lift sanctions on Ankara.

President Donald Trump has opened the door to selling Turkey the U.S.' prized F-35 fighter jet, praising Turkish President Recep Tayyip Erdoğan and promising to remove sanctions imposed over Ankara’s purchase of a Russian missile defense system.

But a State Department letter to Congress makes clear that Turkey has not taken the steps legally required to receive the advanced fighter.

"Turkey has not yet met these conditions," the department said in the July 22 letter, first obtained by the Greek newspaper Kathimerini.

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The letter said U.S. law prohibits the transfer of F-35 aircraft to Turkey until Ankara no longer possesses the Russian-made S-400 system or associated equipment, promises not to acquire it again and satisfies the remaining certification requirements established by Congress.

The finding came weeks after Trump stood alongside Erdoğan at the NATO summit in Ankara and said his administration would lift sanctions on Turkey and consider selling it the aircraft.

Asked about Turkey’s continued possession of the S-400, Trump said, "I have no concerns about anything having to do with Turkey."

Trump described relations with Ankara as "better probably than it’s ever been," said Turkey had been "much more loyal" than some other countries and called a potential F-35 sale "certainly something we will consider."

Erdoğan said Turkey previously has been promised five aircraft and expressed confidence in Trump.

"I know that Mr. Trump always keeps his promises," Erdoğan said, according to Reuters.

The dispute matters far beyond a single weapons sale.

Turkey is a pivotal NATO ally controlling access between Europe and the Middle East, but its ties to Russia and Hamas have fueled doubts in Washington about whether Ankara can be trusted with America’s most sensitive military technology. The outcome will test whether Trump’s personal relationship with Erdoğan can bring Turkey back into the Western defense fold — or whether Congress and national security concerns will block the deal.

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A State Department spokesperson told Fox News Digital on background that Trump "recognizes the strategic importance of Türkiye" and that his administration is encouraging Ankara "to resolve pending issues."

"Türkiye is a valued NATO ally, and we continue to engage on all aspects of our important and multi-faceted relationship," the spokesperson said.

James Jeffrey, a former U.S. ambassador to Turkey and former special representative for Syria engagement, said Trump’s position reflects both his trust in Erdoğan and their cooperation on regional security issues.

"Trump is very much for this as he works well with Erdoğan and trusts him and has succeeded together on a host of security issues from Libya to Syria to Caucasus to Ukraine and PKK ceasefire with Ankara," Jeffrey, now a distinguished fellow at The Washington Institute, told Fox News Digital.

"He knows how important this is to Erdoğan and all Turks and doesn’t want Ankara to turn to Russia or China for weapons," he said.

Turkey was removed from the F-35 development program in 2019 after purchasing the S-400 from Russia. The United States imposed sanctions the following year under the Countering America’s Adversaries Through Sanctions Act.

U.S. officials have argued that operating the Russian system alongside the F-35 could allow Moscow to collect sensitive information about the stealth aircraft.

Jeffrey said Turkey would have to genuinely relinquish the S-400 but noted that the law does not specify exactly how.

"Certainly transferring to another country would meet the legal and technical requirement," he said.

Sinan Ciddi, director of the Turkey Program at the Foundation for Defense of Democracies, agreed that a third-country transfer could begin the process of restoring Turkey to the program. But he said Ankara would also have to provide guarantees that it would not again seek major Russian military equipment or maintain ties that could compromise the aircraft.

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Reports have suggested the United Arab Emirates as a possible destination for the S-400. Ciddi said, however, that there is no confirmation Abu Dhabi would accept it.

The UAE would have to consider whether acquiring the Russian system could trigger U.S. penalties or jeopardize access to other American weapons, he said. Russia could also object to Turkey transferring the system without Moscow’s approval.

Jeffrey said Erdoğan is likely prepared to resist Russian pressure because the F-35 is both a prestige issue and an important military need for Turkey, whose air force relies heavily on F-16 aircraft.

Ciddi argued that resolving the S-400 dispute should not automatically clear the way for a sale.

"The S-400 issue that led to Turkey’s removal from the F-35 program is the floor, not the ceiling," Ciddi said, pointing to Ankara’s relationship with Hamas, continued ties with Russia, use of Chinese telecommunications technology and tensions with U.S. partners including Greece, Cyprus and Israel as additional obstacles.

The State Department letter reflected the administration’s competing views of Ankara.

While reiterating that Turkey remains legally ineligible for the F-35, the department credited it with supporting US diplomatic efforts involving Russia and Ukraine, Azerbaijan and Armenia, Gaza and counter-ISIS operations.

The letter said Turkey used its relationship with Hamas’ political leadership to help secure acceptance of Trump’s Gaza peace plan and advance the first phase of a ceasefire.

At the same time, it warned that Hamas continues to use financial channels operating from Turkish territory.

"Hamas’ use of informal financial networks and unlicensed exchange houses in Turkey to access funds remains a concern, and we are committed to disrupting these illicit financing streams," the State Department said.

Jeffrey said those Hamas ties could generate opposition in Congress but may carry less weight with Trump because his administration has relied on Ankara in Gaza diplomacy.

Ciddi interpreted the letter not as a rejection of Turkey’s return, but as a signal that the administration is prepared to move forward if Ankara meets the legal requirements.

"I think the letter is trying to convey to Congress, ‘Look, once Turkey makes good on the legal requirements of the NDAA, we can proceed with the sale,’" he said.

Congress could still be the most significant obstacle. Lawmakers have prohibited the transfer while Turkey possesses the S-400, and a bipartisan group of 18 House members recently urged congressional leaders to block any sale under current conditions, according to Axios.

The issue also has regional implications. Israel reportedly has pressed Trump not to provide Turkey with the aircraft, amid fears that a sale could weaken Israel’s qualitative military edge as tensions between Erdoğan and Israeli Prime Minister Benjamin Netanyahu deepen.

For now, the State Department’s message is clear: Trump may favor the sale, but Erdoğan must first surrender the Russian system that caused Turkey’s expulsion from the program.

The State Department and Turkish Embassy in Washington did not respond to Fox News Digital’s requests for comment.

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