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Kirk lifts hold on McFaul, confirmation could come today

The nomination of Mike McFaul to become ambassador to Russia cleared one major hurdle Thursday as Sen. Mark Kirk (R-IL) lifted his hold. The administration was working hard Thursday to satsify other GOP senators’ concerns as the Senate prepares to adjourn for the year. If McFaul is not confirmed by the Senate this month, there ...

The nomination of Mike McFaul to become ambassador to Russia cleared one major hurdle Thursday as Sen. Mark Kirk (R-IL) lifted his hold. The administration was working hard Thursday to satsify other GOP senators' concerns as the Senate prepares to adjourn for the year.

If McFaul is not confirmed by the Senate this month, there will be a vacancy atop the U.S. embassy in Moscow as of next week, when Amb. John Beyrle leaves. Kirk had been very public about his reasons for placing a hold on the McFaul nomination, saying that he was seeking written assurances that President Barack Obama's administration will not provide Russia with any currently classified information on the U.S. missile defense system. Several other members of Congress -- and some experts outside Congress, such as former Missile Defense Agency head Lt. Gen. Trey Obering - echoed Kirk's concern.

The nomination of Mike McFaul to become ambassador to Russia cleared one major hurdle Thursday as Sen. Mark Kirk (R-IL) lifted his hold. The administration was working hard Thursday to satsify other GOP senators’ concerns as the Senate prepares to adjourn for the year.

If McFaul is not confirmed by the Senate this month, there will be a vacancy atop the U.S. embassy in Moscow as of next week, when Amb. John Beyrle leaves. Kirk had been very public about his reasons for placing a hold on the McFaul nomination, saying that he was seeking written assurances that President Barack Obama‘s administration will not provide Russia with any currently classified information on the U.S. missile defense system. Several other members of Congress — and some experts outside Congress, such as former Missile Defense Agency head Lt. Gen. Trey Obering – echoed Kirk’s concern.

On Tuesday, Robert Nabors, director of the White House office of legislative affairs, wrote a letter to Kirk on the matter that was obtained by The Cable.

"We will not provide Russia with sensitive information about our missile defense systems that would in any way compromise our national security. For example, hit-to-kill technology and interceptor telemetry will under no circumstances be provided to Russia," wrote Nabors. "However, in the event that the exchange of classified information with Russia on missile defense will increase the president’s ability to defend the American people, the president will retain the right to do that."

In a Thursday interview with The Cable, Kirk said that this assurance, combined with new language in the defense authorization bill requiring 60 days notice before any classified missile defense data is shared with Russia, was enough to reassure him that no classified missile defense data will ever be shared. The law also requires the president to certify in writing that Russia won’t share the data with any third parties, such as Iran.

Kirk said that the administration can’t possibly certify that Russia won’t share the information, so there won’t be any way for the administration to meet the defense bill’s requirement. If the administration does try to notify Congress it plans to share classified missile defense data with Russia, Kirk promised there would be hearings, legislative action, and a full-court press to oppose it.

"They would have a two-month all out fight on their hands," he said.

Kirk also pointed out that the Russian Ambassador to NATO Dmitri Rogozin, who has been insulting Kirk on Twitter, is set to travel to Iran next month. "There is no doubt that Iran will share with Russia the technologies found in our RQ-170 drone," Kirk said. "It’s extremely troubling that Russia’s top official on missile defense is deepening his relationship with Iran."

Kirk praised McFaul and said his record on promoting democracy and human rights will be an asset if and when he takes over the U.S. embassy in Moscow. The hold was never about McFaul personally, Kirk said.

With Kirk’s hold gone, that leaves four other GOP senators who had expressed public or private objections to the McFaul nomination: Sens. Bob Corker (R-TN), James Risch (R-ID), Jim DeMint (R-SC), and Richard Burr (R-NC), who has threatened to hold all State Department nominees until State designates the Haqqani network as a foreign terrorist organization..

Corker had placed a hold on McFaul to ensure that the United States fully funds the National Nuclear Security Agency (NNSA) budget, which includes funding for the Y-12 National Security Complex in Tennessee, for FY 2012. If Congress passes the omnibus bill with full NNSA funding this week, that should take care of Corker’s concerns.

DeMint’s objection, which is especially important because he controls the Republican Steering Committee, is over the administration’s refusal to share internal documents related to its negotiations with Russia over missile defense. Examples of documents sought by DeMint include the draft of the U.S.-Russia Defense Technology Cooperation Agreement.

DeMint has taken multiple hostages in his fight with the State Department over these documents, including holding the nomination of Mike Hammer to be assistant secretary of State for public affairs.

DeMint and the other GOP senators met with McFaul in the Capitol today for a briefing and McFaul showed the senators the draft DTCA. The hope is that this meeting was enough to satisfy their concerns about U.S. policy toward Russia and information sharing with Congress.

Meanwhile, 36 conservative foreign policy experts wrote to top senators today to plead for the confirmation of Matthew Bryza as ambassador to Azerbaijan. Bryza is currently serving under a recess appointment that expires next month.

His nomination was being held up last year by two Democrats, Sens. Barbara Boxer (D-CA) and Robert Menendez (D-NJ), who are seen to be representing the concerns of their Armenian constituencies, which are unhappy with the administration’s policy opposing a Congressional resolution condemning the 1915 Armenian genocide.

"It is understandable that Armenian Americans and even some Senators will disagree with the U.S. policy concerning whether to call the events of 1915 a genocide. That is an argument to be hashed out with the U.S. Administration on the merits," the experts wrote. "But holding up a qualified career nominee who is already serving in a key position will not change U.S. policy, and does a disservice to U.S. interests in a critical region."

Josh Rogin covers national security and foreign policy and writes the daily Web column The Cable. His column appears bi-weekly in the print edition of The Washington Post. He can be reached for comments or tips at josh.rogin@foreignpolicy.com.

Previously, Josh covered defense and foreign policy as a staff writer for Congressional Quarterly, writing extensively on Iraq, Afghanistan, Guantánamo Bay, U.S.-Asia relations, defense budgeting and appropriations, and the defense lobbying and contracting industries. Prior to that, he covered military modernization, cyber warfare, space, and missile defense for Federal Computer Week Magazine. He has also served as Pentagon Staff Reporter for the Asahi Shimbun, Japan's leading daily newspaper, in its Washington, D.C., bureau, where he reported on U.S.-Japan relations, Chinese military modernization, the North Korean nuclear crisis, and more.

A graduate of George Washington University's Elliott School of International Affairs, Josh lived in Yokohama, Japan, and studied at Tokyo's Sophia University. He speaks conversational Japanese and has reported from the region. He has also worked at the House International Relations Committee, the Embassy of Japan, and the Brookings Institution.

Josh's reporting has been featured on CNN, MSNBC, C-Span, CBS, ABC, NPR, WTOP, and several other outlets. He was a 2008-2009 National Press Foundation's Paul Miller Washington Reporting Fellow, 2009 military reporting fellow with the Knight Center for Specialized Journalism and the 2011 recipient of the InterAction Award for Excellence in International Reporting. He hails from Philadelphia and lives in Washington, D.C. Twitter: @joshrogin

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