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Kerry delays action on Magnitsky bill

Kerry delays action on Magnitsky bill

A bill to sanction Russian human rights violators will not be taken up by the Senate Foreign Relations Committee this week after the Obama administration urged Senate Foreign Relations Committee Chairman John Kerry (D-MA) to keep it off the committee’s agenda, The Cable has learned.

Last month, Kerry indicated that the Sergei Magnitsky Rule of Law Accountability Act of 2011 would be brought up for a vote at the April 26 SFRC business meeting and he also endorsed the idea of combining the Magnitsky bill with a bill to grant Russia Permanent Normal Trade Relations (PNTR) status and repeal the 1974 Jackson-Vanik law. "In good faith, we will move as rapidly as we can, hopefully the minute we’re back, but certainly shortly thereafter," Kerry said March 27, just before the last Senate recess.

But after what several Senate aides described as intense lobbying from top Obama administration officials, including Deputy National Security Advisor Denis McDonough and Under Secretary of State for Political Affairs Wendy Sherman, Kerry decided not to put the bill on the agenda of the next business meeting, delaying consideration of the bill until May at the earliest, after the visit to the U.S. of Russian President-elect Vladimir Putin.

In a statement to The Cable, Kerry said he still supports quick passage of the Magnitsky bill and its linkage to the repeal of Jackson-Vanik, but that he needed more time to iron out differences over the details of the legislation.

"I support this effort and, as I said at the last business meeting, passing the Magnitsky legislation out of our committee is not a question of if, only when. I’ve been trying to get everyone on the same page because that’s how you get the best legislative result, and everyone was explicitly very comfortable with where we were. My goal here is to get the best result," Kerry said.

But several aides told The Cable that not everybody was comfortable with the delay. The Cable obtained an e-mail sent late last week from the staff of committee Republican Richard Lugar (R-IN) to several Democratic Senate offices including that of Sen. Ben Cardin (D-MD), the bill’s main sponsor, in which Lugar protests the delay strongly.

"We want to reiterate Senator Lugar’s position, as he stated at the last business meeting, that he strongly supports having the Magnitsky Act taken up at the next business meeting (i.e. next week)," the e-mail reads.

"As we understand the situation, the White House and State Department have been frantic over the last 24 hours in trying to head off consideration of the bill next week by contacting numerous Democratic offices," Lugar’s staff wrote. "Thus, our position remains as it has been: Senator Lugar supports immediate consideration of the Magnitsky bill-next week. If Senators Kerry and/or Cardin do not wish to have it taken up then, that is prerogative of the SFRC Majority, but it is not the position of Senator Lugar."

The Obama administration is on the record opposing the Magnitsky bill and believes that its passage could imperil U.S.-Russian cooperation on a range of issues. The Russian government has even threatened to scuttle the New START nuclear reductions treaty if the Magnitsky bill is passed, which would erase the signature accomplishment of the administration’s U.S.-Russia reset policy.

"Senior Russian government officials have warned us that they will respond asymmetrically if legislation passes," the administration said in its official comments on the bill last July. "Their argument is that we cannot expect them to be our partner in supporting sanctions against countries like Iran, North Korea, and Libya, and sanction them at the same time. Russian officials have said that other areas of bilateral cooperation, including on transit Afghanistan, could be jeopardized if this legislation passes."

Russian Ambassador Sergey Kislyak said Monday at a lunch with reporters in Washington that passage of the Magnitsky bill would have a "significant negative impact" on the U.S.-Russia relationship and said it was unacceptable for the United States to interfere in the Magnitsky case, which he said was an internal Russian issue.

"It’s artificially attached to the whole issue of Jackson Vanik… It’s politically motivated," he said. "We do not want to be told what to do within the limits of Russian law."

Kislyak then said there were human rights violations in the United States that Russia could raise in the context of trade negotiations, but chooses not to.

"I could bring up one example that is very much on our minds. Three years of long investigation of the killing of children adopted from Russia, with absolute immunity, but we do not bring that issue into the economic realm," he said.

Cardin, meanwhile, has been working with administration behind the scenes to make changes to the Magnitsky bill, and even came up with a new draft version of the legislation last week, before the delay. The Cable obtained an internal document showing exactly what changed in the bill.

For example, the new version makes it more difficult to add names to the list of human rights violators that the bill would create. In the previous version, any member of Congress could request to add the name of an alleged human rights violator to the bill. In the new version, both the chair and ranking member of a relevant committee must jointly request someone be added to the list, a high bar in a partisan Congress.

Cardin is caught by between his desire to see his legislation passed without being gutted and his desire to work with the administration. In a brief interview with The Cable last week, he insisted he still wants the Magnitsky bill joined with the legislation that will repeal Jackson-Vanik and grant Russia PNTR.

"There’s a growing support in the Senate to make sure it’s part of the PNTR debate," he said. "We’d like SFRC to mark it up and then take it to the Senate Finance Committee and make it part of the PNTR bill."

The exact logistics for how the Magnitsky bill is moved in conjunction with the PNTR bill are up in the air. It could be joined in the Senate Finance Committee, or on the Senate floor, or just passed at the same time. But what’s clear is that there are several senators ready to hold up PNTR for Russia if the Magnitsky bill isn’t considered in conjunction.

Among Capitol Hill staffers, there’s also concern that the administration may be negotiating to water down the Magnitsky bill now, only to ultimately oppose it later. A similar dynamic played out over sanctions on the Central Bank of Iran last December. Then, it was Sen. Robert Menendez (D-NJ) who carried water for the administration before discovering they would ultimately oppose the bill no matter what. Menendez was livid. That bill passed the Senate 100-0.

"The last thing the Obama administration wants is Magnitsky to pass and not PNTR, but at the rate they are going, it could be likely that neither moves," one senior Senate GOP aide told The Cable.  "The administration’s strategy is to delay as long as possible any SFRC consideration, in hopes that in a year with few legislative days the window for Magnitsky passage narrows and disappears."

UPDATE: Tuesday afternoon, Kerry’s Communications Director Jodi Seth sent the following statement on the delay to The Cable:

"The decision not to put the Magnitsky bill on the agenda for the business meeting on April 26 was made only after consultations with relevant committee offices.  At no time during the decision-making process did Lugar staff raise any objection to not adding the bill to the agenda."