The U.S. government considers the descendants of Palestinian refugees to be refugees, a State Department official told The Cable, and another top State Department official wrote in a letter to Congress that there are now 5 million Palestinian refugees.

The two new policy statements come in the midst of a fight over whether the United States will start separating, at least on paper, Palestinians who fled what is now Israel in 1948 and 1967 from their descendants. 

The Senate Appropriations Committee on Thursday approved unanimously an amendment to the fiscal 2013 State Department and foreign operations appropriations bill that requires the State Department to report on how many of the 5 million Palestinians currently receiving assistance from the United Nations Relief and Works Agency for Palestinian Refugees (UNRWA) are actually people who were physically displaced from their homes in Israel or the occupied territories, and how many are merely descendants of original refugees.

The amendment, as passed, was watered down by Sen. Patrick Leahy (D-VT) from a version proposed by Sen. Mark Kirk (R-IL) that would have required more in-depth reporting on how many UNRWA aid recipients are now living in the West Bank, Gaza, and other countries such as Jordan. An even earlier version of the bill would have made it U.S. policy that Palestinians living in the West Bank, Gaza, and those who are citizens of countries like Jordan are not, in fact, "refugees."

The State Department objected strongly to the Kirk amendment, claiming that any U.S. determination of the number or status of refugees was unhelpful and destabilizing and that refugee determinations are a final-status issue that must be negotiated between the Israelis and the Palestinians.

"This proposed amendment would be viewed around the world as the United States acting to prejudge and determine the outcome of this sensitive issue," Deputy Secretary of State Tom Nides wrote Thursday in a letter to Leahy. "United States policy has been consistent for decades, in both Republican and Democratic administrations -- final status issues can and must only be resolved between Israelis and Palestinians in direct negotiations. The Department of State cannot support legislation which would force the United States to make a public judgment on the number and status of Palestinian refugees."

"This action would damage confidence between the parties at a particularly fragile time, undercut our ability to act as a mediator and peace facilitator, and generate very strong negative reaction from the Palestinians and our allies in the region, particularly Jordan," Nides wrote.

But later down in the letter, Nides states, "UNRWA provides essential services for approximately five million refugees, including education for over 485,000 school children, primary health care in 138 clinics, and social services for the most Vulnerable, particularly in Lebanon and Gaza." (Emphasis added.)

To experts and congressional officials following the issue, that declaration was remarkable because it was the first time the State Department had placed a number -- 5 million -- on the number of Palestinian refugees.

"The Nides letter could be considered a change in U.S. policy with consideration to refugees because it states clearly that 5 million people served by UNRWA are refugees," one senior GOP Senate aide told The Cable. "For the Obama administration to stake out a position emphatically endorsing the rights of 5 million Palestinian refugees is by itself prejudging the outcome of final- status issues."

Steve Rosen, a long time senior AIPAC official who now is the Washington director of the Middle East Forum, said that by calling all 5 million UNRWA aid recipients "refugees," the State Department is saying that all the Palestinians in the West Bank, Gaza, and the nearly 2 million who are citizens of Jordan have some claim to the "right of return" to Israel, even though Presidents Clinton, Bush, and Obama have all stated clearly that a two-state solution would mean that the bulk of the 5 million Palestinian "refugees" would end up living in the West Bank or Gaza, not Israel.

President Barack Obama said in June 2011, "A lasting peace will involve two states for two peoples: Israel as a Jewish state and the homeland for the Jewish people, and the state of Palestine as the homeland for the Palestinian people." In January, 2008, while a presidential candidate, Obama said, "The right of return [to Israel] is something that is not an option in a literal sense."

At the heart of the issue is what constitutes a "refugee." The entire thrust of the Kirk amendment was to challenge UNRWA's definition, which includes the descendants of refugees -- children, grandchildren, and so on. That has resulted in the number of Palestinian "refugees" skyrocketing from 750,000 in 1950 to the 5 million figure quoted by Nides today.

An analysis by the academic journal Refugee Survey Quarterly projected that if that definition remains intact, there will be 11 million Palestinian refugees by 2040 and 20 million by 2060.

In a new statement given to The Cable Thursday, a State Department spokesman said that the U.S. government does, in fact, agree with UNRWA that descendants of refugees are also refugees.

"Both the United Nations High Commissioner for Refugees (UNHCR) and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) generally recognize descendants of refugees as refugees," State Department spokesman Patrick Ventrell told The Cable. "For purposes of their operations, the U.S. government supports this guiding principle. This approach is not unique to the Palestinian context."

Ventrell pointed out that the office of the U.N. High Commissioner for Refugees also recognizes descendants of refugees as refugees in several cases, including but not limited to the Burmese refugee population in Thailand, the Bhutanese refugee population in Nepal, the Afghan population in Pakistan, and the Somali population seeking refuge in neighboring countries.

UNHCR by default only considers the minor children of refugees to have refugee status but often makes exceptions to include latter generations. Regardless, the State Department's new statement could have wide-ranging implications.

"How many generations does it go?" asked Rosen. "I'm Jewish, and as a grandchild of several refugees, could I make a claim on all these countries? Where does it end? Someday all life on Earth will be a Palestinian refugee."

The Cable asked the State Department whether descendants of refugees get refugee status for endless generations and whether Nides's mention of the 5 million Palestinian refugees was an intentional shift in U.S. policy, but we haven't gotten a response.

The State Department statements also appear to conflict with the United States Law on Derivative Refugee Status, which allows spouses and children of refugees to apply for derivative status as refugees, but specifically declares that grandchildren are ineligible for derivative refugee status. In other words, U.S. law doesn't permit descendants of refugees to get refugee status inside the United States.

Some regional experts see Kirk's amendment as a ploy to cut some of the $250 million in U.S. funding for UNRWA and bolster Israel's position by negating rights of Palestinians that would otherwise be determined in negotiations.

Leila Hilal, co-director of the Middle East Task Force at the New America Foundation, told The Cable that to honestly determine which Palestinians remain refugees, one would have to wade into a long, complicated legal and factual analysis about which Palestinians in the region have adequate national protection that would end their refugee status.

"The rights of return and property restitution do not depend on refugee status," she said. "Ultimately, however, this congressional move is a political stunt intended to preempt final-status outcomes -- and a rather cheap one at that."

UPDATE: A State Department official confirms that yes, the descendants of refugees are still refugees for numerous generations until they return home or are resettled in a third country. The official also argued that Nides' reference to UNRWA serving 5 million "refugees" was also accurate.

"The number of people on UNRWA's rolls isn't and shouldn't be a secret," the official said. "The Kirk amendment, based on commentary surrounding it, is meant to set a stage for the U.S. to intervene now with the determination that 2nd and 3rd generation descendants have no claims and in fact aren't even Palestinians.  Our interest is to avoid that.   We are not predetermining numbers that the parties themselves must ultimately agree on. Nor can UNWRA."

Posted By Josh Rogin

House Foreign Affairs Committee Chairwoman Ileana Ros-Lehtinen (R-FL) participated in a candlelight vigil outside the Chinese Embassy in Seoul Thursday and chastised the Chinese government for forcibly repatriating North Korean refugees who flee to China.

"I too was a refugee," she said, standing beside Rep. Thaddeus McCotter (R-MI) and South Korea Assemblywoman Park Sun Young. "Having fled communist totalitarianism in Cuba, I have walked their lonely road and have experienced both the fears and the hopes that combine to motivate their arduous journey toward freedom."

She compared the plight of North Korean refugees to the plight of Jews fleeing Egyptian slavery as told in the Old Testament of the Bible and compared Chinese President Hu Jintao to the Egyptian Pharaoh Ramses II.

"To the cold-hearted regime in Beijing we call out, as Moses did to Pharaoh over three thousand years ago: Mr. Hu, let these people go! Mr. Hu, let all North Korean refugees have safe passage to South Korea and other democratic nations!" she said.

Ros-Lehtinen and McCotter posed for photos holding up a framed copy of the James R. Lilley and Stephen J. Solarz North Korea Human Rights Reauthorization Act, named after the former ambassador and former congressman who were active on the issue of North Korean refugees. The bill passed the House May 15.

"The Chinese regime has proven to be consistently tone deaf to the appeals of these two great men and other voices, including our own, calling on Beijing to meet its humanitarian obligations to North Korean refugees. And so we stand here today to appeal directly to the Chinese people to hear the cries of the oppressed in their midst," she said.

Ros-Lehtinen also called on the Chinese government to end its harassment of the friends and associates of blind Chinese activist Chen Guangcheng. She said the fight to press Pyongyang and Beijing to halt its persecution of refugees would take a long time.

"We cannot achieve this in one day or perhaps not even in a decade. But an old Asian proverb states that a journey of one thousand miles begins with a single step," she said. "Another Asian proverb states that it is better to light a candle, as we have done tonight, than to curse the darkness. And so we lift our candles tonight."

China's record on human rights deteriorated as the Chinese government engaged in widespread and expanding severe repression of its own people and ethnic minorities in 2011, the State Department said in a new report released today.

"Deterioration in key aspects of the country's human rights situation continued. Repression and coercion, particularly against organizations and individuals involved in rights advocacy and public interest issues, were routine," reads the State Department's new Human Rights Report on China.

"Individuals and groups seen as politically sensitive by the authorities continued to face tight restrictions on their freedom to assemble, practice religion, and travel. Efforts to silence political activists and public interest lawyers were stepped up, and, increasingly, authorities resorted to extralegal measures including enforced disappearance, ‘soft detention,' and strict house arrest, including house arrest of family members, to prevent the public voicing of independent opinions," the report stated.

The Chinese government harassed public interest law firms, increased attempts to limit freedom of speech and control the Internet, and continued "severe cultural and religious repression of ethnic minorities in Xinjiang Uighur Autonomous Region (XUAR) and Tibetan areas," the State Department determined.

The report listed dozens of ways the Chinese government represses its people, including: extrajudicial killings; enforced disappearance; "black jails"; torture and coerced confessions of prisoners; detention and harassment of lawyers, journalists, writers, dissidents, and petitioners; restrictions on freedom to assemble, practice religion, and travel; failure to protect refugees and asylum seekers; a coercive birth limitation policy that in some cases resulted in forced abortion or forced sterilization; trafficking in persons; and the use of forced labor, including prison labor.

"Corruption remained widespread," the report said.

The report also dings the Chinese government for its failure to account for the 1989 crackdown on pro-democracy protesters in Tiananmen Square.

"At year's end the government had not provided a comprehensive, credible accounting of all those killed, missing, or detained in connection with the violent suppression of the 1989 Tiananmen demonstrations," the report said.

More than 40,000 people have been admitted to 22 psychiatric hospitals for the criminally insane in China run by the Ministry of Public Security (MPS) and those patients have no means to contest their status as mentally ill, according to the report.

"Patients in these hospitals reportedly were medicated against their will and forcibly subjected to electric shock treatment," the State Department said.

As for criminal trials in China, "There was no presumption of innocence, and the criminal justice system was biased toward a presumption of guilt, especially in high-profile or politically sensitive cases," the report explained. "According to statistics released on the Supreme People's Court (SPC) official Web site, in 2010 the combined conviction rate for first- and second-instance criminal trials was 99.9 percent."

Of more than 1 million criminal defendants tried in 2010, less than 1,000 were acquitted.

Tibet and Tibetan populated areas of China found themselves under "under increasingly intense and formalized systems of controls, many of which appeared to be aimed at facilitating enforcement of ‘social stability' and undermining the religious authority of the Dalai Lama," the report said.

"There was severe repression of the freedoms of speech, religion, association, and movement. Authorities continued to commit serious human rights abuses, including extrajudicial killings, torture, arbitrary arrests, extrajudicial detentions, and house arrests. The preservation and development of Tibet's unique religious, cultural, and linguistic heritage and unique high plateau environment remained a concern," it said.

Posted By Josh Rogin

The congressional drive to update a 1948 law on how the U.S. government manages its public diplomacy has kicked off a heated debate over whether Congress is about to allow the State Department to propagandize Americans. But the actual impact of the change is less sinister than it might seem.

On May 18, Buzzfeed published a story by reporter Michael Hastings about the bipartisan congressional effort to change the Smith-Mundt Act of 1948 (as amended by the Foreign Relations Authorization Act in 1987). The story was entitled, "Congressmen seek to lift propaganda ban," and focuses on the successful effort by Reps. Mac Thornberry (R-TX) and Adam Smith (D-WA) to add their Smith-Mundt Modernization Act of 2012 as an amendment to the House version of the 2013 National Defense Authorization Act.

The new legislation would "authorize the domestic dissemination of information and material about the United States intended primarily for foreign audiences." The Buzzfeed article outlines concerns inside the defense community that the Pentagon might now be allowed to use information operations and propaganda operations against U.S. citizens. A correction added to the story notes that Smith-Mundt doesn't apply to the Pentagon in the first place.

In fact, the Smith-Mundt act (as amended in 1987) only covers the select parts of the State Department that are engaged in public diplomacy efforts abroad, such as the public diplomacy section of the "R" bureau, and the Broadcasting Board of Governors, the body that oversees the Voice of America, Radio Free Europe, and other U.S. government-funded media organizations.

Implementation of the law over the years has been selective, haphazard, and at times confusing, because even State Department bureaus often aren't sure if they have to abide by it. The Thornberry-Smith language is meant to fix that by applying Smith-Mundt to the entire State Department and USAID.

The Defense Department, meanwhile, has its own "no propaganda" rider, enshrined in the part of U.S. code that covers the Pentagon, and that is not affected in any way by either Smith-Mundt as it stands or by the proposed update now found in the defense bill. The only reason the Smith-Mundt modernization bill was attached to the defense bill was because that bill is one that's sure to move and Congress hasn't actually passed a foreign affairs authorization bill in years.

"To me, it's a fascinating case study in how one blogger was pretty sloppy, not understanding the issue and then it got picked up by Politico's Playbook, and you had one level of sloppiness on top of another. And once something sensational gets out there, it just spreads like wildfire," Thornberry told The Cable in an interview today.

He said the update for Smith-Mundt was intended to recognize that U.S. public diplomacy needs to compete on the Internet and through satellite channels and therefore the law preventing this information from being available to U.S. citizens was simply obsolete.

"It should be completely obvious that a law first passed in 1948 might need to be updated to reflect a world of the Internet and satellite [TV]," he said. "If you want the State Department to engage on the war of ideas, it has to do it over the Internet and satellite channels, which don't have geographical borders."

Salon writer Glenn Greenwald interviewed Smith Tuesday and wrote a story questioning whether the law would allow the State Department to try to influence American public opinion though "propaganda." He noted a press release on the Thornberry-Smith legislation which complained that Smith-Mundt had prevented a Minneapolis radio station from replaying VOA broadcasts to Somali-Americans to rebut terrorist propaganda.

Thornberry's response was to say that the 21st century media environment is already so diverse and open that opening Americans' access to one more source of information, State Department-produced news and information, was not likely to propagandize American citizens.

"It makes me chuckle. This is not 1948 when everybody was tuned to a few radio stations and the fear was that the information we were sending to Eastern Bloc countries was going to affect American politics," he said. "The idea that the State Department could be so effective as to impact domestic politics is just silly. This gives Americans the chance to see what the State Department is saying to people all over the world."

In fact, advocates of the bill tout the issue of transparency and oversight of U.S. public diplomacy as one of the main benefits of the new bill. Previously, oversight of State Department public diplomacy efforts abroad was done by an advisory commission inside the State Department that was shut down last year, while Congress and the media has little to no direct access to the material.

Thornberry said that domestic dissemination of the material will actually increase the transparency and oversight of U.S. public diplomacy by laying it bare for Americans to chew over.

"If all these bloggers see the State Department trying to influence something domestically, they will be the first to raise the alarm," he said. "It is always going to be true that you have to look at the effectiveness and truthfulness of the content of the information. But it would no longer be against the law that the American people can see it."

Matt Armstrong, who was the executive director of the State Department's advisory commission on public diplomacy before it got shut down because Congress declined to reauthorize it, explained on his Mountainrunner blog that Smith-Mundt was designed by a Cold War U.S. government that simply didn't trust the State Department to talk directly to the American people.

"The Smith-Mundt Act is misunderstood and often mistaken for ‘anti-propaganda' legislation intended to censor the Government. The reality is the original prohibition on the State Department disseminating inside the U.S. its own information products designed for audiences abroad was, first, to protect the Government from the State Department and, second, to protect commercial media," he wrote.

In an interview today, Armstrong pointed out that the Thornberry-Smith bill explicitly notes that two existing provisions of Smith-Mundt, both of which would remain intact, address concerns that the State Department might overreach in trying to influence Americans. Section 1437 of the existing legislation requires the State Department to defer to private media whenever possible and Section 1462 requires State to withdraw from a government information activity whenever a private media source is found as an adequate replacement.

He said the law as it stands is just not working and doesn't make a lot of sense. "When Cal Ripkin or Michele Kwan go to China, Americans aren't supposed to know that they went or what they did there. In addition, virtually anything that's on a U.S. embassy website is off limits," he said.

The discussion over Smith-Mundt is further distorted by a lack of understanding about what public diplomacy is and when it crosses over into "propaganda."

"Let's face it, it is impossible to communicate and not influence.. The idea here is that U.S. public diplomacy is not based on lies," said Armstrong. "There's this misconception that public diplomacy is propaganda. Propaganda is a lie, a deception, or intentional ambiguity, none of which can be lead to effective public diplomacy by any country, let alone the U.S."

Of course, the State Department's Public Affairs bureaucracy, which speaks to Americans every day in various forms, is capable of "propaganda," but is not covered by Smith-Mundt. The Cable asked State Department spokeswoman Victoria Nuland at today's press briefing if State supported the Thornberry-Smith legislation.

"We have long thought that aspects of Smith-Mundt need to be modernized, that in a 24-7 Internet age it's hard to draw hard lines like the original Smith-Mundt [Act] did in the ‘40s," she said.

We then asked Nuland whether the State Department has any intent to propagandize American citizens.

"We do not and never have," she said with a smile.

The United States should not pay upwards of $5,000 for each truck Pakistan lets through to Afghanistan to aid the war effort, both leaders of the Senate Armed Services Committee told The Cable today.

Secretary of State Hillary Clinton and Pakistani President Asif Ali Zardari met at this weekend's NATO summit in Chicago and President Barack Obama met with Zardari in a three-way exchange with Afghan President Hamid Karzai. But the United States and Pakistan were not able to finalize the details of a deal to reopen the ground lines of communication through which the U.S. sends goods to troops in Afghanistan. Those supply lines have been closed since ISAF forces accidentally killed 24 Pakistani soldiers in two border outposts last November and refused to apologize for it.

One American official told the New York Times that Pakistan wants "upwards of $5,000" for each truck that crosses through its territory, whereas the fee paid by the United States before last November was about $250 per truck.

"I think that's called extortion," Senate Armed Services Committee ranking Republican John McCain (R-AZ) told The Cable Tuesday. "We can't look at aid in that light. It's now becoming a matter of principle."

Senate Armed Services Committee head Carl Levin (D-MI) told The Cable there's no way the United States should pay Pakistan fees anywhere near that level.

"Whatever the cost of the security has been, we ought to continue whatever level of support that was. This looks to me to be totally inappropriate," he said.

Levin's committee is working on the fiscal 2013 defense authorization bill this week behind closed doors. That bill could contain new restrictions on U.S. aid to Pakistan.

UPDATE: On Tuesday afternoon, the Senate Appropriations Committee proposed new restrictions on aid to Pakistan in their mark up of the fiscal 2013 State and foreign ops appropriations bill. The bill would withhold all counterinsurgency funds for Pakistan until the Pakistani government reopens the cargo supply lines to Afghanistan.

Chip Somodevilla/Getty Images

Posted By Josh Rogin

U.S. Ambassador to Afghanistan Ryan Crocker will leave his post due to health concerns, the State Department confirmed today.

"Today, Ambassador Ryan Crocker confirmed to the Afghan Government, U.S. Mission Afghanistan, and the ISAF community that he intends to depart his post for health reasons in mid-summer, following the Kabul and Tokyo conferences," State Department spokeswoman Victoria Nuland said. "Ambassador Crocker's tenure has been marked by enormous achievements: the Bonn Conference, the conclusion of the Strategic Partnership Agreement, and the two Memoranda of Understanding on detentions and special operations, and the Chicago NATO Summit."

The Tokyo conference on Afghanistan is scheduled to take place in July.

Crocker came out of retirement in January 2011 to take up the Kabul envoy post. From 2009 until 2011 he was dean of the George Bush School of Government at Texas A&M University. Previously, he was the top U.S. official in Kabul following the fall of the Taliban and reopened the U.S. Embassy there in 2003.

Two State Department officials also confirmed to The Cable that Assistant Secretary of State for Near East Affairs Jeffrey Feltman will step down soon to become the U.N.'s under secretary for political affairs, replacing Lynn Pascoe. That was first reported in March by the U.N. blog Inner City Press, and was reported again by Reuters Monday.

At the U.N., Feltman will be in charge of coordinating that body's response to crises in the Middle East, among other places. There is no word on Feltman's replacement, but we're told by an administration source that State is considering bringing in someone to temporarily fill in for Feltman in the assistant secretary role.

Posted By Josh Rogin

On the eve of a fresh round of nuclear talks with Iran, the Senate on Monday passed by unanimous consent a bill imposing harsh new sanctions on Iran, sending it to a conference with the House, where the debate will move behind closed doors.

The legislation, the Johnson-Shelby Iran Sanctions, Accountability and Human Rights Act of 2012, would punish any entity that provides Iran with equipment or technology that facilitates censorship or the suppression of human rights, including weapons, rubber bullets, tear gas, and other riot control equipment -- as well as communications jamming, monitoring, and surveillance equipment. It also calls on the Obama administration to develop a more robust Internet freedom strategy for Iran and speed new assistance to pro-democracy activists in the country.

The legislation, named for Senate Banking Committee heads Tim Johnson (D-SD) and Richard Shelby (R-AL), would formally establish that U.S. policy is intended to prevent Iran from obtaining a nuclear weapon and would require the administration to report extensively and repeatedly on its efforts to increase diplomatic and financial pressure on the Iranian regime.

The passage of the legislation in the Senate comes one day before international negotiators meet in Baghdad for another round of discussions with Iran over its nuclear program. Senate Majority Leader Harry Reid (D-NV) tried to move the bill through the Senate late last week, but Senate Minority Whip Jon Kyl (R-AZ) objected, arguing that the GOP hadn't had enough time to review Reid's manager's amendment, a claim Reid's office denies.

Kyl was objecting on behalf of several GOP senators who wanted the bill to explicitly mention that military options were on the table to prevent Iran from acquiring a nuclear weapon.

Kyl's demand last week to include such language was new, a response to Reid's decision to add language explicitly stating that nothing in the bill authorized U.S. military action in Iran. Reid added the new text to appease Sen. Ron Paul (R-TX), who objected to unanimous consent on the bill in March.

Here's the new language Reid added to the bill Monday:

"It is the sense of Congress that the goal of compelling Iran to abandon efforts to acquire a nuclear weapons capability and other threatening activities can be effectively achieved through a comprehensive policy that includes economic sanctions, diplomacy, and military planning, capabilities and options, and that this objective is consistent with the one stated by President Barack Obama in the 2012 State of the Union Address: ‘Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal.'"

With the addition of that language, Kyl lifted his objection.

As noted in the Washington Post's Right Turn blog, the House version of the Johnson-Shelby bill, passed in December, contains neither the language Reid added for Paul nor the language Reid added for Kyl, and has several other provisions not found in the Senate bill. The conference over the bill hasn't been scheduled and will occur in secret, per traditional congressional practice.

The conferees have not yet been named.

The most contentious part of the conference could be how to deal with a series of punitive measures proposed by Sen. Mark Kirk (R-IL) in his own amendment to the Johnson-Shelby bill, parts of which Reid added to the Senate bill in a non-binding form.

Kirk's allies in the House have introduced separate bills containing the Kirk sanctions,  which expand sanctions to include all Iranian banks and larger swaths of other Iranian corporate sectors and those bills are likely to be brought into the House-Senate conference over the Johnson-Shelby bill.

In April, House Foreign Affairs Chairwoman Ileana Ros-Lehtinen (R-FL), joined with Rep. Brad Sherman (D-CA) to introduce the Iran Financial Sanctions Improvement Act, which contains many of the sanctions measures that Kirk proposed. Other measures found in the Kirk amendment were included by Reps. Ted Deutch (D-FL) and Robert Dold (R-FL) in a bill they introduced in March called the Iranian Energy Sector and Proliferation Sanctions Act.

In a statement late Monday, Kirk praised the passage of the Johnson-Shelby bill and indicated that Reid had made some commitment to strengthen the bill inside the secret conference.

"Today the U.S. Senate put Iranian leaders on notice that they must halt all uranium enrichment activities or face another round of economic sanctions from the United States," Kirk said.  "I thank Leader McConnell and Senator Menendez for their support in moving this important legislation forward, and I appreciate Leader Reid and Chairman Johnson's commitment to negotiate even tougher sanctions in conference."

Neither Kirk nor Reid has explained the details of that commitment or responded to questions about it today. The administration has taken no position on the bill or on the Kirk amendment to date.

Posted By Josh Rogin

This weekend's NATO summit in Chicago is the first in decades to make little to no progress on the enlargement of the organization, leaving several countries to wait another two years to move toward membership in the world's premier military alliance.

In the official 65-point summit declaration issued Sunday, there were several references to the four countries vying for progress on their road to NATO membership: Bosnia-Herzegovina, Macedonia, Montenegro, and Georgia. But none came away from the summit with any tangible progress to tout back at home. NATO expansion was just not a priority of the Obama administration this year, U.S. officials and experts say, given the packed security-focused agenda and looming uncertainly caused by the deepening European financial crisis.

The 28 NATO foreign ministers did meet with leaders of the four "aspirant" countries, and the declaration praised those countries' contributions to NATO missions, but offered them little more than polite thanks.

"We are grateful to these partners that aspire to NATO membership for the important contributions they are making to NATO-led operations, and which demonstrate their commitment to our shared security goals," the declaration said.

"We're caught in this halfway place of ‘the door is open,' but it feels as if there's no political will or energy to make it happen," said Heather Conley, senior fellow and director of the Europe program at the Center for Strategic and International Studies. "NATO enlargement has always been about strong American leadership, but this has not been a top priority for this administration."

Each would-be NATO member has its own roadblocks to membership. Bosnia still has some constitutional reforms to enact before it can be eligible. Georgia, recently named an "aspirant" NATO member, has its bid tied up by the Russian occupation of two of its territories. Montenegro has been granted its NATO Membership Action Plan (MAP), the final step before membership. But Macedonia, which was granted MAP status way back in 1999, can't join NATO because Greece is still demanding that the  Republic of Macedonia change its name.

There was a concerted effort in Washington in the lead up to the summit to push for a resolution to the Macedonia name dispute, but to no avail. Last month, 54 members of Congress wrote to President Barack Obama to ask him to break the logjam. Obama's own former National Security Advisor, Jim Jones, wrote an op-ed May 18 urging the president to do more on enlargement.

"The alliance's enlargement has been a priority at each major meeting of NATO heads of state since the fall of the Berlin Wall," Jones wrote. "This weekend, when NATO leaders convene in Chicago, enlargement may be swept under the rug in deference to other topics of concern. That would be a blow to stability in the Balkans and to the Republic of Macedonia in particular."

Just before the summit began, former National Security Advisor Sandy Berger, with former Defense Secretaries William Cohen and Donald Rumfeld, wrote a letter to the president urging him to break the impasse over Macedonia's membership or risk alienating European countries in transition that want to look to the West.

"Today, NATO is at a crossroads. As defense spending among NATO members falls, new aspirant nations in Southeastern Europe will provide needed manpower and resources to the Alliance. And while the region has made steady progress since the conflicts of the 1990s, stability in the Balkans cannot be taken for granted," they wrote. "We cannot afford to send mixed messages to those nations that are willing to stand up and be counted."

House Foreign Affairs Committee Chairwoman Ileana Ros-Lehtinen (R-FL), came to the defense of Georgia's membership aspirations last week. In an op-ed in The Hill she argued for enlargement and called in a separate statement for progress on Georgia's bid.

"Georgia's security and sovereignty is critical to U.S. interests in the region. Georgia was invaded by Russian forces in 2008, and large portions of its territory remain under Russian occupation," she said. "I strongly urge our Administration to work with our allies at the NATO Summit in Chicago later this month to ensure that Georgia becomes a full member of the Alliance as soon as possible."

Conley pointed to the Serbian elections this weekend, where Serbians chose an ultra-nationalist known as "Toma the Gravedigger" to be their president, as evidence that these countries could slip back toward authoritarianism if not given full support and inclusion by Western organizations.

"If we let this agenda lapse, we may not like what we see in the future," she warned.

MANDEL NGAN/AFP/GettyImages

The biggest single new initiative in the State Department's $51.6 billion budget proposal for next year was a Middle East Incentive Fund -- $770 million in mostly new money to help State respond to the Arab Spring by supporting emerging democracies and their civil societies. But the House of Representatives declined to fund it in their version of the appropriations bill.

The House Appropriations Subcommittee for State and Foreign Ops didn't give any money to fund the initiative in their fiscal 2013 appropriations mark, released last month. The leaders of that subcommittee claim that State failed to give them enough detail about the program to justify the new outlay of funds. Now, the State Department is depending on its allies in the Senate to save the program when the Senate Appropriations Committee marks up its bill next week. The episode is an example of the disconnect between State and Congress over how to respond to the Arab Spring as well as the difficulty of securing new money for diplomatic initiatives in this tight budget environment.

"This is something that Secretary Clinton has really -- and with the President -- has focused principally on," Deputy Secretary of State Tom Nides said in February when announcing the initiative. "The notion is we're in a new world. The Arab Spring has come; we need to make sure we have the tools and the flexibility in which to fund these initiatives. I cannot tell you today where that money will be spent because we'll be, obviously, in consultation with the Hill. We'll be coming up with initiatives that we'll then be discussing with the Hill."

"But this is something we coordinated and talked a lot about with our friends on the Hill, the idea is to have some flexibility to support everything from Tunisia, to support areas like potentially in Egypt and in areas where things are changing every day in Syria, things where changing, the world is evolving as we see it, and we felt it was important to have a pool of money," he said.

At the time, budget experts warned that it would be difficult for the State Department to get Congress to spring for the program because State didn't seem to have a lot of detail about what the money would be used for.

"That will be controversial because there's no content. It's a contingency fund and Congress doesn't like to give State contingency funds," said former Office of Management and Budget National Security Director Gordon Adams at the time.

State did brief all the relevant committees on the new fund and provided as much detail and context as they could, but it wasn't enough for the House subcommittee leaders, Reps. Kay Granger (R-TX) and Nita Lowey (D-NY).

"The administration could not justify the broad authority requested to override existing laws. However, the House bill does provide State some flexible funding to be responsive, within the existing account structure, while increasing congressional oversight on key countries," Granger's spokesman Matt Leffingwell told The Cable.

The "existing account structure" he referred to is the economic support funds that are given each year on a country-by-country basis. Congress prefers granting State country-specific aid because it's easier to track and oversee.

"Congresswoman Lowey supports U.S. engagement in the region and believes we must have the flexibility to respond to rapid changes and developments.  Existing accounts within the bill provide that important flexibility," Lowey's spokesman Matt Dennis told The Cable.

Outside experts working closely on the issue said that the State Department didn't properly explain the new fund or its benefits to Congress and didn't have specific enough proposals to give lawmakers assurance the money would be spent wisely.

"This incentive fund is an important new initiative, but unfortunately it seems the administration has done a pretty poor job of pitching it to the hill. There's a lot of confusion in Congress about what this fund is for and why it's important," said Stephen McInerney, executive director of the Project on Middle East Democracy.

"This fund should be a signature initiative of the administration to respond to the historic events in the region, and these funds could be essential to the administration's ability to respond to events that haven't yet unfolded in places like Syria, where there is no existing U.S. assistance package in the budget," said McInerney.

Using economic support funds is not a great option  because those funds are already devoted to specific causes and diverting them from other places would hurt other priorities, McInerney argued.

"The administration won't be able to use that flexibility without significant cuts to existing programs. Without some support from Congress, it's really tough to get it off the ground," he said.

Tamara Wittes, head of the Brookings Institute's Saban Center on the Middle East, pointed out that within the $770 million State requested for the new fund, it included a $65 million annual request for an existing program called the Middle East Partnership Initiative (MEPI), which is how State has been funding civil society development in the region. So now, MEPI's funding is also at risk.

"Congress may not realize that MEPI funding was embedded in this proposal, but they need to be aware of the impact of their decision on America's ability to partner with citizens in the region who are working for positive change," she said. Wittes was head of the MEPI office and deputy director of State's new Middle East Transitions Office before she left government earlier this year.

The new Middle East Incentive Fund is State's way of trying to shift America's aid approach in the region from the military-dominated focus of the recent decades to an approach focused on the promotion of civil society and political reform, said Wittes.

"We have to look at the overall ratio of our assistance and how that is seen by the people of the region. In order to seize the opportunity that the Arab Spring presents, we need to shift the logic of our relationships to one that emphasizes projects with people," she said.

The fight to save the fund now goes to the Senate, where the Senate Appropriations Committee is set to mark up its State and Foreign Ops bill as early as next week. David Carle, the spokesman for State and Foreign Ops subcommittee chairman Sen. Patrick Leahy (D-VT), told The Cable, "Sen. Leahy does intend to include some amount for the fund, for the reasons the administration requested it -- to provide flexibility to respond to changing events in the ME and NA regions."

The Senate subcommittee hasn't decided how much of the request to support. Their version of the bill could be conferenced with the House version. More likely, Congress will not complete any appropriations bills this year and the two versions will simply inform a temporary funding measure crafted by congressional leadership in late September.

The new fund does have one powerful staunch supporter in Congress, Senate Foreign Relations Committee chairman John Kerry (D-MA).

"This is something that's been percolating a long time on the Hill and in the administration and it's really a no-brainer," Kerry told The Cable in a statement. "We're witnessing a period of historic change in the Middle East, and it's impossible to predict what will happen next month, let alone next year, which is why the State Department should have the flexibility to deal with unforeseen contingencies. Positive incentives for economic and democratic reforms also make sense. American assistance in itself may not convince governments that are resisting reform to change, but in places that have already begun to chart a new course, like Tunisia, Egypt, and Libya, it can help empower moderates and reformers."

The State Department declined to comment.

UPDATE: A reader points out that the House Appropriations State and Foreign Ops subcommittee's report on the bill does direct $70 million to MEPI, separate from the Middle East Incentive Fund. 

The Defense Department and Congress are playing chicken over $600 billion of mandatory defense cuts identified by a process known as "sequestration," but a compromise probably won't surface until after the November elections, according to former top Obama defense official Michèle Flournoy.

"I think during that period after the election and before the sequestration goes into effect [on Jan. 3], that will be the period when people will become intensely focused on this," Flournoy said in response to a question from The Cable at an event Tuesday at the American Enterprise Institute.

Flournoy, who stepped down in February as under secretary of defense for policy, was speaking on a panel with retired Gen. David Barno, now with the Center for a New American Security, AEI's Tom Donnelly, and Michael Waltz of the New America Foundation.

Flournoy said she was not aware of any planning going on inside the Pentagon for the possibility that sequestration will occur, even though President Barack Obama has promised to institute the cuts if Congress doesn't find a way around them. The Budget Control Act of 2011, passed by both parties and signed by Obama, would mandate $600 billion in defense and $600 billion in cuts to non-security spending, such as funds for Medicare providers, over 10 years if Congress doesn't agree on $1.2 billion worth of discretionary spending cuts over the same time period.

"The onus is really on Congress to exercise the discipline, the political courage, the pragmatism to reach a budget deal that avoids sequestration, which would impose draconian cuts in a mindless way that would have severe and negative impacts for our national security," she said.

Flournoy said that a short-term solution could be possible, but probably not before the election, because any compromise would be a "huge political risk" for a candidate facing voters. She emphasized that a deal to avoid sequestration should include cuts to programs favored by Democrats and Republicans alike.

"I think frankly we would be wise to spend our time trying to build a balanced package ... tax reform, spending cuts, and more investment in things that drive American competitiveness," she said.

Asked by The Cable if she thought it was time for a woman to become secretary of defense and whether she would take the job, Flournoy demurred: "I didn't hear your question."

Barno said the lame-duck session will be filled with emergency issues that Congress will want to deal with, such as the expiration of the Bush tax cuts, the Alternative Minimum Tax, Medicare physician benefits, and another fight over increasing the debt ceiling.

"We definitely have a looming train wreck in December," he said. "In that list, sequestration for defense is going to be fairly low on that pecking order, if you look at how many American homes it would immediately impact."

Donnelly argued that so far, only Republicans have put forth any concrete ideas to avoid sequestration. There are bills in the House and Senate that would take the money from federal workforce reductions, but last week House leadership unveiled an entirely new idea.

House Armed Services Committee Chairman Buck McKeon (R-CA) and House Budget Committee Chairman Paul Ryan (R-WI) wrote in an op-ed last week that the money should be taken from a host of spending items, including food stamps, federal workforce benefits, and by prohibiting future government bailouts.

"These savings will replace the arbitrary sequester cuts and lay the groundwork for further efforts to avert the spending-driven economic crisis before us," they wrote. "Unless we act, the sequester will take effect. We do not believe this is in the national interest, and the President claims that he agrees."

The panel was moderated by AEI's Danielle Pletka, who was filling in for Peter David, the Washington bureau chief of the Economist, who died in a car accident last weekend.

Syrian government forces continue to attack opposition forces, civilians, and aid volunteers, preventing the international community from getting emergency aid to the Syrian people, USAID has detailed in a series of internal reports obtained by The Cable.

In its latest "humanitarian update," written at the end of April, USAID reported in detail the extensive attacks perpetrated by Syrian Arab Republic Government (SARG) troops, despite an ongoing U.N. monitoring mission and in direct violation of the "cease-fire" there. The USAID report, marked "sensitive but unclassified," sourced its findings to U.N. representatives in Syria as well as representatives of the International Committee for the Red Cross (ICRC), the Syrian Arab Red Crescent (SARC), and other aid groups on the ground.

"U.N.-Arab League Special Envoy to Syria Kofi Annan expressed concerns regarding reports of SARG reprisal attacks in areas where Syrian civilians met with U.N. observers, including in Hamah and Damascus governorates," the report stated. "The observers report that SARG forces have not withdrawn heavy weapons from urban centers -- a condition of the U.N. and Arab League supported ceasefire and peace plan that went into effect on April 12."

Although the U.N. Security Council has authorized the deployment of 300 monitors, the report could only confirm that "at least 11" U.N. monitors had arrived in Syria as of April 24. (Additional monitors have reportedly arrived since then.)

Meanwhile, USAID reported that government forces attacked an SARC vehicle April 24 that was evacuating wounded civilians in Douma, a suburb of Damascus, killing one aid volunteer and injuring three. Twenty-six aid workers were trapped in an SARC building following the attack and the SARC had to negotiate a temporary ceasefire between opposition and government forces to get them out, USAID reported.

Following a request from SARC, USAID contractors have suspended the deployment of mobile medical units that were providing health-care services in and around Damascus, the report said.

"In addition to emergency medical needs resulting from ongoing violence, a USAID/OFDA partner report increasing constraints on the availability of medications for chronic diseases, which are prohibitively expensive for Syrians without financial assistance," the report stated. "In addition, the U.N. World Health Organization representatives have expressed concern about the health of displaced Syrians in Jordan."

A USAID contractor is working to train Syrian doctors in Jordan so they can return to Syria and provide life saving medical care there, and a USAID contractor has procured 10,000 kg of medical supplies for use in Syria and is trying to get those supplies into the country, according to the report.

In an April 26 press briefing, USAD Deputy Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance Christa Capozzola criticized the Syrian regime for not allowing emergency aid supplies to reach the Syrian people and called for more help.

"While some aid is reaching people in need through the Red Crescent, other U.N. agencies, and other international organizations, current humanitarian access restrictions remain a significant challenge to the aid effort," she said. "After months of working under these conditions, the aid organizations working in Syria are extremely stretched. To continue alleviating suffering and saving lives, they need more support and capacity from the international community.

The U.S. government has spent $39.4 million on assistance for Syria in fiscal 2012, the report stated. The report noted that only $33 million of this assistance has been publicly reported before now.

Overall, the USAID report concluded that there had been at least 9,000 civilian deaths in Syria as of March 27, according to U.N. figures, although the current number is likely higher. There are between 300,000 and 500,000 internally displaced Syrians, according to the report, 610,000 estimated refuges inside Syria, and approximately 66,000 Syrian refuges who have fled to Turkey, Lebanon, Jordan, and Iraq.

The USAID report was marked sensitive but unclassified (SBU).

U.S. Agency for International Development

Bahraini Crown Prince Salman bin Hamad Al Khalifa came to Washington this week to attend his son's college graduation, but he left with hands full of gifts from the U.S. State Department, which announced new arms sales to Bahrain today.

The crown prince's son just graduated from American University, where the Bahraini ruling family recently shelled out millions for a new building at AU's School of International Service. But while he was in town, the crown prince met with a slew of senior U.S. officials and congressional leaders, including Vice President Joe Biden, Secretary of State Hillary Clinton, Defense Secretary Leon Panetta, Senate Foreign Relations Committee Chairman John Kerry, Senate Armed Services Committee ranking Republican John McCain, as well as several other Washington VIPs.

On Friday afternoon, the State Department announced it was moving forward on a host of sales to the Bahraini Defense Forces, the Bahraini National Guard, and the Bahraini Coast Guard. The State Department said the decision to move forward with the sales was made solely in the interest of U.S. national security, but outside experts see the move as meant to strengthen the crown prince in his struggle inside the ruling family.

"We've made this decision, I want to emphasize, on national security grounds," a senior administration official told reporters on a Friday conference call. "We've made this decision mindful of the fact that there remain a number of serious, unresolved human rights issues in Bahrain, which we expect the government of Bahrain to address."

The official noted that the United States is maintaining its hold on the sale of several items the Bahrainis want, including Humvees, TOW missiles, tear gas, stun grenades, small arms and ammunition.

"The items that we are moving forward with are those that are not typically used for crowd control and that we would not anticipate would be used against protesters in any scenario," the official said.

The official declined to specify items on the list, but multiple sources familiar with the details told The Cable they include six more harbor patrol boats, communications equipment for Bahrain's air defense system, ground-based radars, AMRAAM air-to-air missile systems, Seahawk helicopters, Avenger air-defense systems, parts for F-16 fighter engines, refurbishment items for Cobra helicopters, and night-vision equipment.

The United States also agreed to work on legislation to allow the transfer of a U.S. frigate, will allow the Bahrainis to look at (but not yet purchase) armored personnel carriers, and will ask Congress for $10 million in foreign military financing for Bahrain in fiscal 2013.

Opponents of arms sales to Bahrain were quick to criticize the package, arguing that the administration is sending the wrong message to the regime at a time when the violence between government forces and protesters is actually increasing, as are allegations of prisoner abuse by Bahraini security forces.

"This is exactly the wrong time to be selling arms to the government of Bahrain. Things are getting worse, not better," Sen. Ron Wyden (D-OR) said in a statement to The Cable. "The country is becoming even more polarized and both sides are becoming more entrenched. Reform is the ultimate goal and we should be using every tool and every bit of leverage we have to achieve that goal. The State department's decision is essentially giving away the store without the government of Bahrain bringing anything to the table."

On the conference call, administration officials could not name one concession or deliverable the crown prince gave or promised in exchange for the goodies he is bringing home with him.

But outside analysts believe the administration's strategy is more nuanced, and that the real goal of the arms sales is to bolster the crown prince's standing inside the ruling family in his pitched battle with hard-liners over the way ahead.

"The administration didn't want the crown prince to go home empty-handed because they wanted to empower him," said Tom Malinowski, the Washington director of Human Rights Watch, who was arrested in Bahrain while documenting protests there last month. "They placed a lot of hope in him, but he can't deliver unless the king lets him and right now the hard-liners in the ruling family seem to have the upper hand."

The crown prince has been stripped of many of his official duties recently, but is still seen as the ruling family member who is most amenable to working constructively with the opposition and with the United States. It's unclear whether sending him home with arms sales will have any effect on internal Bahraini ruling family politics, however.

"That's the gamble the administration is taking, that it helps him show he can deliver something," Malinowski said. "But there's no guarantee the government will do what we all hope it does. They might just as easily conclude ‘We don't have to empower the crown prince at home; we just have to send him to America.'"

While the crown prince has been in Washington, hard-liners like the prime minister and the minister of the royal court have wielded their control over state media to bash the United States and accuse the U.S. government of fomenting the unrest in Bahrain.

"[The] trend in Bahrain is the redoubling of the anti-American media onslaught witnessed in most aggressive form last summer. This is usually a very clear sign that the State Department is pressuring for a deal to be done, and that some in the royal family are fighting back via their allies in society," wrote Justin Gengler, an academic and blogger focused on Bahrain.

He detailed a list of conspiratorial, anti-American allegations in the Bahraini state-controlled media over the last two weeks and noticed that the state media is focusing again on the case of Ludo Hood, the former political officer at the U.S. Embassy in Bahrain who was sent home "after being the focus of threats by pro-government citizens."

A high-level delegation from the opposition al-Wefaq party was in Washington this week as well, but they did leave empty handed.

"Many in the administration want to empower the crown prince as the reformer in the royal family against the hard-liners, and didn't want to send him home empty handed after his visit," said Cole Bockenfeld, director of advocacy at the Project on Middle East Democracy. "But no matter how you look at it here in Washington, on the street in Bahrain this will be perceived as the U.S. supporting a regime that is still doing horrible things."

KAREN BLEIER/AFP/Getty Images

Frustration with North Korea's ongoing nuclear weapons and missile programs has pushed Congress to reopen the debate in Washington over whether the United States should reintroduce tactical nuclear weapons in South Korea.

The House Armed Services Committee adopted an amendment to the fiscal 2013 national defense authorization bill that supports "steps to deploy additional conventional forces of the United States and redeploy tactical nuclear weapons to the Western Pacific region," and mandates that Secretary of State Hillary Clinton and Defense Secretary Leon Panetta submit a report on the feasibility and logistics of redeploying forward-based nuclear weapons there, "in response to the ballistic missile and nuclear weapons developments of North Korea and the other belligerent actions North Korea has made against allies of the United States."

The amendment, sponsored by Rep. Trent Franks (R-AZ), was approved by a vote of 32-26, with all Republicans, except for Rep. Randy Forbes (R-VA), and two Democrats in favor. It comes only weeks after another committee member, Rep. Mike Turner (R-OH), demanded the administration investigate North Korea's apparent acquisition of Chinese-made mobile ICBM launchers.

"We in the last many years have appealed to China to help us negotiate with North Korea to bring them in line in the quest for peace in the world... In fact, China has now embarked on selling nuclear components to North Korea," Franks said at at the committee's Wednesday markup. "Consequently it's become time for us as a nation to look to our deterrent and our ability to take care of ourselves and work with our allies to do everything we can to deter and to be able to defend ourselves against any future belligerence or threats from North Korea."

The United States stockpiled nuclear weapons in South Korea for 33 years before President George H.W. Bush removed them in 1991 as part of his effort to withdraw all overseas tactical nukes, except a few in NATO countries. Since then, every so often South Korean politicians raise the idea of reintroducing them as a response to North Korean aggression.

One senior South Korean politician argued this week that North Korea's ongoing belligerence justified a new discussion about the issue.

"There is no reason not to respond in a proportional manner [to the DPRK's military threat]," Conservative Party lawmaker and presidential candidate Chung Mong-joon said in a press conference in Seoul on Thursday. "The threat of a counter-nuclear force may be the only thing that can change North Korea's perception of South Korea."

In early 2011, the White House WMD Czar Gary Samore told a South Korean reporter that the U.S. would be willing to deploy tactical nukes to South Korea, after which the White House quickly backpeddled Samore's remarks and insisted the issue was not under discussion.

"Our policy remains in support of a non-nuclear Korean peninsula," Robert Jensen, deputy spokesman for the National Security Council, told Yonhap News Agency after the Samore comments. "There is no plan to change that policy. Tactical nuclear weapons are unnecessary for the defense of South Korea and we have no plan or intention to return them."

Posted By Josh Rogin

The Obama administration and Senate Foreign Relations Committee Chairman John Kerry (D-MA) are beginning a new push to seek ratification of the United Nations Convention on the Law of the Sea, known around Washington simply as the Law of the Sea Treaty.

The treaty, which came into force in 1994, established rules of the road for operating in international waters and set forth a regime for determining mineral and other rights beneath the ocean floor. Since then, 161 countries have signed on, as well as the European Union, but the U.S. Senate has not ratified it.

In fact, the treaty has never come up for a full vote, despite support from multiple administrations, Democrats, and the Navy, which views it as needed to allow the United States to fully participate in the growing multinational system that governs the open seas. It is vigorously opposed by some Republicans, who argue that signing it would be tantamount to an abandonment of U.S. sovereignty.

Kerry's efforts to initiate the months-long ratification process on the treaty began last year. He has met with a host of senators on the issue, and his staff has been consulting with businesses and the military and respected national security experts in both parties. But the drive to set up hearings to promote the bill stalled.

Hill staffers say that Kerry's committee counterpart Richard Lugar (R-IN) did not want the ratification process to begin before his primary, because he was inclined to support the treaty but recognized that his support could be used against him politically. But with Lugar now out of the way, the ratification process is back on track.

Kerry will soon announce the first hearing, which will be made up of a panel of high-ranking military officials, The Cable has learned. It will be a "24-star hearing," meaning the panel will have six military officers with four stars each.

"Senator Kerry has heard for a long time that it'd be helpful for the committee to hold some hearings and review a treaty that hasn't been examined since 2007. The Senate has experienced massive turnover since that period, with 30 new senators," Kerry's Communications Director Jodi Seth told The Cable.

She denied, however, that the timing of Lugar's primary was the reason for the delay.

"Senator Kerry considered holding hearings last year, but it wasn't feasible after he was asked to serve on the Super Committee, and there have been other urgent issues from Iran to Syria and the State Department budget that have required the [SFRC's] immediate attention this spring," said Seth. "But now, after hearing from conservative-minded businesses, national security experts of both parties, and the military, all of whom strongly support the treaty, Senator Kerry decided the time was right to initiate some hearings and he hopes they'll be helpful for the committee."

Defense Secretary Leon Panetta also pushed for a new ratification process to pass the treaty in Wednesday remarks at a Law of the Sea symposium in Washington. Panetta called on the Senate to embrace Lugar's bipartisan spirit.

"Our country desperately needs the bipartisan spirit he embodied. It would be an enormous tribute to Senator Lugar's distinguished record to accede to this convention on his watch," Panetta said.

He also laid out the administration's main arguments in favor or the treaty: that U.S. accession to the treaty would allow the United States to secure mineral rights in a larger geographical area, would ensure freedom of navigation for U.S. ships, and would give the country better leverage for claims in the Arctic.

Panetta warned that in failing to ratify the treaty, the United States would "give up the strongest legal footing for our actions."

"We potentially undercut our credibility in a number of Asia-focused multilateral venues -- just as we're pushing for a rules-based order in the region and the peaceful resolution of maritime and territorial disputes in the South China Sea and elsewhere," he said. "How can we argue that other nations must abide by international rules when we haven't officially accepted those rules?"

When alleged terrorist Ali Musa Daqduq was transferred from U.S. to Iraqi custody last December, many in Washington worried that the Iraqi government would release him back to the battlefield. This week, Daqduq was acquitted in an Iraqi court and now the administration is trying to figure out how to keep him behind bars.

Daqduq, who U.S. military officials claim is a Hezbollah commander, had been imprisoned by U.S. forces in Iraq for leading a team that kidnapped and killed five U.S. soldiers in Iraq in January 2007. Twenty-one senators had drafted last December a letter urging the administration not to hand him over out of concern that the Iraqi government might release him.

"Failure to transfer Daqduq to Guantanamo Bay or another American military-controlled detention facility outside the United States before December 31st will result in his transfer to Iraqi authorities, potential release to Iran and eventual return to the battlefield," the senators wrote in the letter, which was never sent because the administration handed over Daqduq first, on Dec. 16.

"Daqduq's Iranian paymasters would like nothing more than to see him transferred to Iraqi custody where they could effectively pressure for his escape or release. We truly hope you will not let that happen."

At the time, National Security Council spokesman Tommy Vietor told the New York Times, "We have sought and received assurances that he will be tried for his crimes."

An Iraqi court determined on May 7 there wasn't enough evidence to prosecute Daqduq -- even though he apparently confessed to the crimes against U.S. soldiers -- and ordered his release. That order is now being appealed automatically under Iraqi law. The United States has also charged Daqduq with war crimes under the military commission system, but those charges will be impossible to enforce unless Daqduq somehow winds up in U.S. custody.

So what is the administration doing about it? The Cable obtained the internal talking points prepared by the National Security Council and approved by Deputy National Security Advisor Denis McDonough just yesterday.

"Daqduq should be held accountable for his crimes. Period," the talking points read. "While we strongly oppose his acquittal, protections for the accused are built into all judicial systems, including our own. We transferred Daqduq to Iraqi custody out of respect for, and obligation to, the rule of law in Iraq, and while we disagree with this decision, we respect the independence of the Iraqi judiciary. We will continue to work closely with the Iraqi government to explore all legal options to pursue justice in this case."

The administration won't say if they have filed an extradition request for Daqduq, but the talking points instruct any official speaking on this to say, "I can assure you that we have explored a wide range of legal options to effectuate Daqduq's transfer to the United States."

The talking points go on to praise the Iraqi government for its handling of the Daqduq case and emphasized that Daqduq has stayed in prison this long.

"Our Iraqi partners worked to ensure that he was brought to trial and that the strongest case possible was brought against him, despite Iranian pressure for his immediate release without trial. Iraq has already kept Daqduq in custody for more than four months, despite predictions by many that he would be released far earlier," the document reads.

The talking points then proceed to list a number of arguments for administration officials to use when trying to assert that the Iraqi government under Prime Minister Nouri al-Maliki is not doing favors for Iran.

"A wide range of examples illustrate that Iraq is not in strategic alignment with Iran: Iraq continues to increase its oil production, making sanctions against Iran more effective and sustainable. Iraq has worked with the United States to prohibit the transport of lethal aid from Iran to the Syrian regime. Iraq has resisted Iranian pressure to arrest the MEK and deport them to Iran, and has instead worked with the UN to peacefully relocate the MEK. Iraq continues to work with the United States to protect U.S. personnel from the threat of Iranian-backed militants. Iraq is a major security partner with the United States, having spent $8.2B on U.S. weapons and equipment to date."

The document argues that the administration simply had no choice but to hand over Daqduq to the Iraqis, rather than send him to Guantanamo Bay or Bagram Airbase in Afghanistan, or somewhere else.

"Under the [2008 U.S. Iraqi] Security Agreement, any transfer of Daqduq out of Iraq requires the consent of the Iraqi government, and, to be blunt, a transfer to Guantanamo or Bagram was a non-starter for the Government of Iraq," it reads.

Finally, on what the administration is doing now, the talking points say only, "As with other terrorists who have committed crimes against Americans, we will continue to pursue all legal means to ensure that he is punished for his crimes."

That's not going to be enough for the U.S. lawmakers and officials who are angry that the administration didn't figure out a way to keep Daqduq in U.S. custody and are worried that he will return to the battlefield soon.

"The administration really thought if we gave our evidence to the Iraqis, they would hold him under the rule of law, but the Iraqis had a different understanding of the judicial process than we do," said one administration official who is critical of the overall handling of the case.

"At the end of the day, if this guy is released, they will be releasing a man with the blood of five Americans on his hands," the official said. "This guy deserves a term much longer than five years.

"This guy has been responsible for the death of five Americans and this is another indication of the unraveling that's taking place in Iraq since we do not have a residual force there," Senate Armed Services Committee ranking Republican John McCain (R-AZ) told The Cable in an interview.

"There's a lesson here for another conflict that Mr. Obama is eager to wind down," read a Wednesday editorial in the Wall Street Journal. "As part of the plan to pull U.S. forces from Afghanistan, Washington has agreed to transfer control over detainees in U.S. custody to the Kabul government. Now would be a good time to make the proper future arrangements for any terrorist we don't want to walk free."

Chris Hondros/Getty Images

Posted By Josh Rogin

Blind Chinese activist Chen Guangcheng's best friend in Congress, Rep. Chris Smith (R-NJ), told The Cable on Tuesday that the Obama administration has failed to stand up for Chen's cause, the abuse of women under China's one-child policy.

In an interview in the Capitol building, Smith said he intends to hold another congressional hearing on May 15 on the Chen case -- to follow up on the hearing he held May 3, which Chen actually phoned into. Smith has invited Assistant Secretary of State Kurt Campbell and State Department Counselor Harold Koh to the hearing, but those officials have yet to RSVP.

"I don't think they want the hearing frankly. But we need to keep the focus on this," Smith said.

If and when administration officials do show up to testify before the House Foreign Affairs Subcommittee on Africa, Global Health, and Human Rights, Smith plans to press them on two things: The fight against forced abortion and forced sterilization that led to Chen's initial imprisonment and the plight of Chen's friends and extended family members who are undergoing government harassment in China.

"The administration has hermetically sealed his message, the man and why he was in trouble, from this incident," Smith told The Cable. "Have you heard anybody talk about that he was defending women from forced abortion? Hillary Clinton? Not a word. I Googled it."

Smith said that the administration has been avoiding any reference to the issue, which they haven't done for similar human-rights related cases in countries other than China.

"Can you imagine the president saying ‘no comment' on Nelson Mandela or Aung San Suu Kyi? He would launch into what they stood for as well as their personal plight," Smith said. "They say his name but they don't talk about his message. It's more than troubling."

The State Department feels confident the Chinese government will honor its pledge to allow Chen study in the United States and bring his wife and son in tow. But Chen's mother, nephew, and several activists who supported him are still in legal limbo and facing increasingly violent retribution, Smith said.

Smith referred to the case of Jiang Tianyong, Chen's lawyer, who was arrested and beaten badly last week on the way to visit Chen in the hospital. Jiang remains under house arrest. Other figures in Chinese government hands include Chen's nephew, Chen Kegui, and He Peirong, the woman who drove Chen to the embassy.

Smith said he can't get answers from the administration on what's being done to secure the safety of those individuals.

"I've conveyed that to everybody at the State Department. They know about it. But what are they doing about it? That's the question."

Alex Wong

Posted By Josh Rogin

The departure of Senate Foreign Relations Committee (SFRC) ranking Republican Richard Lugar (R-IN) from Congress will cause a reshuffle of foreign policy leadership in the GOP Senate caucus and could thrust Sen. Bob Corker (R-TN) into a prominent role.

With Lugar losing his primary on Tuesday to Indiana State Treasurer Richard Mourdock, the position of top Republican on SFRC is set be to be vacant. The next three senators in line for that spot are Corker, James Risch (R-ID), and Marco Rubio (R-FL), in that order. With the possibility that Republicans could retake the senate in November, Lugar's successor on the committee could become chairman. Either way, the new top Republican on the committee will fundamentally change the character of the panel.

Lugar was known for his statesman-like approach, his deep attention to several specific issues such as nuclear non-proliferation, and his willingness to work with the administration and Democrats, for example on big projects like the New START nuclear reduction treaty with Russia. Perhaps due to his bipartisan character when it came to foreign policy, he was somewhat marginalized toward the end of his tenure by a caucus leadership that was determined to take a more combative and partisan approach to dealing with the Obama administration.

"While Dick and I didn't always agree on everything, I found during my time in the Senate that he was often willing to reach across the aisle and get things done," President Barack Obama said in a statement Tuesday evening.

As his primary campaign heated up, Lugar became distinctly more cautious on foreign policy matters, perhaps in recognition of the fact that his advocacy for New START, one of the administration's premier foreign policy projects, had hurt him politically inside the party. Lugar staunchly opposed the intervention in Libya last year and is firmly against the United States getting more deeply involved in the Syrian crisis now.

Behind the scenes, Lugar's staff is hugely active on a range of foreign policy issues. Not quite as bipartisan as Lugar himself, the GOP minority staff at SFRC butts heads with the majority staff at times. The personal relationship between Lugar and chairman John Kerry (D-MA) has always been cordial in public, although some say less cordial in private.

When Lugar leaves, the most likely choice to replace Lugar is Corker, a Tennessee businessman who like Lugar, opposed the war in Libya and opposes intervention in Syria. But Corker's foreign policy stance is even more wary of using U.S. power in foreign lands. He said earlier this year he doesn't even believe the Syrian revolution is about "democracy."

Corker was on the fence during much of the New START debate. He felt the treaty wasn't very significant in terms of nuclear reductions, and used the negotiations within Congress more as chance to secure funding for nuclear facilities, some of which are in his state. Corker is very effective at defending funds for nuclear modernization and stockpile maintenance.

Corker doesn't have a firm position on what to do in Afghanistan and he wasn't particularly vocal on the U.S. withdrawal from Iraq.  He's seen on Capitol Hill as someone would have a bit of a learning curve ahead of him were he to become SFRC chairman or ranking member.

Behind the scenes, Corker has a very active foreign policy staff that is said by Hill sources to not get along well with Lugar's staff. If Corker takes over as lead Republican on the committee, there could be a house cleaning on the staff side.

But Corker's accession is not assured. The Republican committee members have the power to vote for whomever they want. In fact, after the 2010 election, there was an effort to vote Lugar out of the ranking member's position, but Lugar prevailed by a slim margin.

For some Republicans both on and off Capitol Hill, Corker is seen as neither aggressive nor hawkish enough on key foreign policy issues.

"It's difficult to make the case that someone who doesn't even see the merits of the fall of Bashar al-Assad for American interests deserves to have the top Republican spot on the committee," said one GOP foreign policy pundit. "There are other Republicans, such as Sen. Rubio, who have advocated a much more coherent and thoughtful foreign policy vision that might make them more appealing replacements for Sen. Lugar."

Rubio has laid out a foreign policy vision that tracks more closely with hawks like Sens. John McCain (R-AZ), Jon Kyl (R-AZ), and Lindsey Graham (R-SC). He is also seen as a rising star on foreign policy in the party and an SFRC chairmanship could bolster Rubio's national security bona fides ahead of a possible 2016 presidential run.

In the end, Corker might not even want the job. He is also currently in line to take over the top Republican spot on the banking committee, currently held by Richard Shelby (R-AL), who is barred by the rules from continuing on in that role due to committee term limits. If Orrin Hatch (R-UT), the ranking member on the finance committee loses his election, then Shelby's presumptive successor Mike Crapo (R-ID) would move over to take the top GOP spot on the finance committee, leaving Corker as the top Republican on banking.

Corker might prefer banking over SFRC -- and he can't chair both. Risch also has several possibilities for chairmanships that next year that could change the game on who gets moved up at SFRC.

In the end, some of Lugar's Senate colleagues said that his defeat showed the shrinking room for moderates in the Senate and the lowering national tolerance for those whose focus is beyond America's shores.

"There are people ideologically driven on the right and the left who want to pick up seats, look at what happened to Sen. Lieberman," said Graham in a short interview. "The lesson to be learned is vote your conscience and if you're an incumbent, you better not lose touch with home."

KAREN BLEIER/AFP/Getty Images

The United States needs to do more to protect civilians in Syria, including considering setting up safe zones inside Syria and potentially arming the opposition, Senate Foreign Relations Committee chairman John Kerry (D-MA) told The Cable in an interview Tuesday.

Kerry also warned that if the balance of power is not tilted in Syria in the opposition's favor, it's unlikely that President Bashar al-Assad will step down. A political transition that sees Assad removed from power remains the goal, he said, but the United States must step up its efforts to make that goal a reality.

"You have to change the current dynamic. That's to me the bottom line," Kerry said. "We have to increase the pressure, change the calculations, and succeed in creating a capacity for a movement to a negotiated reform process with a transition that takes place through elections at the right moment."

"That's could be something Russia might buy into and the international community might as well, but Assad won't unless the on the ground calculations change," said Kerry, who just returned from a conference in Jordan that included Russian Foreign Minister Sergei Lavrov.

Kerry said his trip had helped convince him that more must be done to help the internal Syrian opposition, well beyond the low levels of humanitarian and communication aid the United States is providing now.

"The concept of a safe zone is a reality and worth the discussion. The concept of working with the Turks and the Jordanians, if everybody is on the same page, there could be some [military] training [of the opposition forces]. If we can enhance the unity of the opposition, we could consider lethal aid and those kinds of things," Kerry said.

But he cautioned that the United States should insist on greater unity within opposition ranks before it provides lethal aid, noting that international efforts to train opposition fighters could help establish that very unity. Safe zones within Syria would have to be defended by some foreign military force, but not necessary the United States or NATO, Kerry explained.

"King Abdullah [of Jordan] made some very interesting suggestions about Jordanian possibilities with respect to that and the Turks also have some options," he said. "I'm talking about Gulf states and the Arab League engaging and leading on this with NATO perhaps as a support structure behind the scenes to back it up," he said.

Asked if there were any conditions under which he would support U.S.- or NATO-led airstrikes on the Syrian military, Kerry said, "Sure."

"If Assad was killing his people in a continued massive way without any regard to his word, the truce, the inspections, and monitors, etc.," Kerry said, adding that we haven't yet gotten to that point.

"Of course the violence is continuing, but not in the kind of way that would suggest to you that airstrikes would make the difference," he continued. "There are a bunch of things that would need to start happening before you put that on the table."

Kerry confirmed that there's a debate inside the administration on when to officially declare that U.N. special envoy Kofi Annan's plan has failed, even though two administration officials said last month that the plan "is failing." The question is whether to let Annan declare it himself or to round up partners and allies and preempt Annan by calling it earlier.

"My view is it would be better for Annan to make a judgment about his own mission but his mission cannot become a vehicle of interminable delay, and we have to be prepared to take measures necessary to protect life and move the process," Kerry said. "If [Annan] can pull a rabbit out of a hat, terrific, but I think we have to be planning a lot of contingencies while he's operating because I'm not optimistic."

Kerry sees new hope that the United States and Russia can find some common ground on the way forward in Syria, and he sketched the outlines of what that might look like.

"There were distinct ways in which hopefully we can get on the same page in order to create a process that might be helpful. You don't want the place to just collapse," Kerry said. "There's a unanimity that Assad has to be part of the transition and to get him out. The question is how. [Lavrov] thinks that Assad has to transition out of there in a respectful way, through a peaceful process."

Any effort to intervene directly in Syria should be Arab-led, Kerry said, but he denied the accusation that the United States is failing to lead or even "leading from behind," as many Republicans allege.

"This ‘failing to lead' refrain is just a political refrain," he said. "The United States doesn't have to go off and do everything to be the leader. Actually, it's pretty smart to get somebody else to do some things for you. You save the American taxpayer a few dollars, you don't put American troops at risk, and you get the job done."

Kerry noted that the administration is planning for a range of contingencies, including safe zones. But the administration has been clear that it has no intention of providing lethal aid to the opposition or using U.S. or NATO assets to directly confront Assad's forces.

In remarks May 6 to the Washington Institute of Near East Policy, Deputy National Security Advisor Denis McDonough said that the administration recognized that Assad has no intention to halt the violence but said that the administration had not yet reached the point of abandoning the Annan plan or abandoning their current approach, which relies solely on diplomatic and economic pressure.

"And the question is whether you make the leap to the next step, which is either the United States undertakes military action or enables others to take military action," McDonough said. "Obviously we plan for every contingency, in the event we need that, but we just don't think the analysis at the moment is that-we do not believe that intervention hastens the demise of the regime."

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The House Appropriations State and Foreign Operations subcommittee has released its fiscal 2013 appropriations legislation, which would cut billions from the president's request for a range of key international programs.

The bill, to be marked up by the subcommittee Wednesday morning, would provide $40.1 billion for the base budget of the State Department, USAID, and international affairs programs in other agencies, in addition to $8.2 billion for diplomatic and development programs related to the ongoing wars in Afghanistan, Iraq, and Pakistan in what's known as the Overseas Contingency Operations (OCO) account. If enacted, the legislation would represent a 12 percent cut from the administration's $54.71 billion budget request.

When war costs are taken out of the equation, the House proposal would represent a 14 percent cut to the administration's request. The House proposal would also cut $5 billion or 9 percent from the funding levels enacted in fiscal 2012.

The Senate Appropriations Committee, in its own allocations, proposed giving the State and foreign operations accounts $53 billion, roughly equal to fiscal 2012 levels, although the Senate proposed shifting $5 billion from the OCO account to the base budget. The Senate could mark up its version of the bill as early as next week.

"This is a tough, effective national security bill that continues to cut spending, reform our aid programs, and demand accountability from our partners and allies," Subcommittee Chairwoman Rep. Kay Granger (R-TX) said in a release. "This bill reflects principled funding decisions that give the United States the flexibility to respond to a rapidly changing world while making sure our foreign aid is not a blank check for foreign governments who do not support our national security priorities."

Her Democratic counterpart, Rep. Nita Lowey (D-NY), was more critical of the committee's proposal. She told The Cable that the House was cutting unnecessarily, considering that the overall discretionary allocations determined by the Republican majority, amounting to $1.028 trillion, was under the $1.047 trillion limit allowed under the Budget Control Act of 2011, the deal struck last year to avert a crisis over the debt ceiling.

"The proposed funding levels are insufficient for our nation to respond to health, education, and security challenges; make critical investments in diplomacy and development; and ensure robust oversight over taxpayer funds," Lowey said. "As the appropriations process moves forward, I will work to protect critical priorities and remove onerous policy riders that hurt our ability to maintain moral leadership worldwide."

The House subcommittee's bill contains several policy riders that have appeared in previous bills but are staunchly opposed by congressional Democrats and the administration. The legislation would reinstitute the so-called Mexico City policy, also known as the "global gag rule," which would bar funding to any international organizations that discuss abortion. The bill would also cap spending on family planning and reproductive health programs at the fiscal 2008 level.

According to a committee-issued press release, the bill also "maintains long-standing pro-life riders, including the ‘Tiahrt Amendment,' which ensures family planning programs are voluntary; the ‘Helms Amendment,' which bans ‘foreign aid from being spent on abortions; and the ‘Kemp-Kasten Amendment, which prohibits funds to organizations the President determines to support coercive abortion or involuntary sterilization."

For the State Department and USAID, the bill proposes cuts across the board, including steep cuts to programs that focus on multilateral institution building.

The State Department would be forced to operate with $433 million less than in fiscal 2012. The committee proposed giving State $12.9 billion for operations, $1.5 billion less than the president's request. USAID would get $1.2 billion in operations funding under the bill, a reduction of $73 million from last year's level and $252.5 million below the president's request.

On the United Nations, the House is proposing cutting U.S. funding for the U.N.'s Human Rights Council, the U.N. population fund, and any U.N. organization led by a "terrorist country." The bill provides no funding for the United Nations Educational, Scientific, and Cultural Organization (UNESCO), following U.S. law that prohibits funds for any U.N. organization that has admitted Palestine as a member. Other U.N. agencies would see partial reductions in U.S. contributions until they provide full financial audits.

The bill would cut $632 million from the president's $7.9 billion request for international security assistance. Inside that total, the bill would fully fund the administration's $3.1 billion request for assistance to Israel and the $300 million request for assistance to Jordan.

The bill would also cut $3 billion from the administration's $17.2 billion request for bilateral economic assistance while proposing increased funding above the president's request for global health programs, refugee assistance, and democracy promotion activities.

The committee is also proposing a $725 reduction in the administration's $2.9 billion request for multilateral assistance, which would result in reduced U.S. contributions to a host of international organizations and multilateral financial institutions, including the provision of only half of the requested capital for the multilateral development bank,

As for country-specific funding requests, the bill would seek to cut foreign aid to several countries that do not meet Congress's conditions. For example, according to the committee's press release, the bill would affect foreign aid in the follow ways:

  • Afghanistan - The legislation withholds operating funds until a transition plan is submitted and withholds assistance until certifications that proper security is in place for civilian aid workers can be made.
  • Pakistan - The legislation prohibits economic and security assistance unless the Government of Pakistan is cooperating with the United States on counterterrorism efforts and other issues.
  • Egypt - The legislation prohibits economic and security assistance if the Government of Egypt does not adhere to the peace treaty with Israel, and requires the Secretary of State to certify that additional conditions have been met, including respect for due process of law.
  • Palestinian Authority - The legislation stops economic assistance to the Palestinian Authority if the Palestinians obtain membership at the United Nations or its specialized agencies without an agreement with Israel.

Posted By Josh Rogin

As the world watches the saga of blind Chinese dissident Chen Guangcheng unfold in a Beijing hospital, the White House is disputing a Tuesday report that claimed the staff of Vice President Joe Biden overruled the State Department to reject the asylum case of Wang Lijun, the local Chinese official who fled to the U.S. consulate in Chengdu in February.

Unlike in the Chen case, when Wang sought refuge with U.S. authorities, he was not a human rights activist fleeing persecution for his advocacy on behalf of China's abused masses. Wang was the police chief of a major Chinese city and a key deputy to provincial boss Bo Xilai. Wang was embroiled in an alleged corruption and murder scandal involving Bo's wife and a British national and was fleeing Bo's wrath. He eventually left the embassy of his own volition, according to the State Department, after which he was scooped up by Beijing authorities and has not been heard from since.

In Washington, some critics accused the Obama administration of rejecting Wang's reported asylum request out of concern it would disrupt the impending visit by Chinese heir apparent Xi Jinping, whom Biden was hosting.

On Tuesday, the Washington Free Beacon, citing unnamed officials, reported that Biden's office overruled State Department and Justice Department officials to dictate that Wang's asylum request should be denied.

"In the end, Antony Blinken, Biden's national security adviser, successfully prevailed over other officials in arguing that Wang's asylum appeal should be rejected," the report stated. "Blinken, according to the officials, feared China would cancel the upcoming visit by Chinese Vice President Xi Jinping, whose visit was to be hosted by Biden, unless Wang was sent away from the consulate as soon as possible."

National Security Council Spokesman Tommy Vietor told The Cable flatly that the story was false and that neither Blinken nor anyone in Biden's office was involved in the Wang case in any way.

"This is complete fiction. No one from the office of the vice president, including specifically Tony, was involved in any way shape or form," Vietor said. "This was a consular matter handled by the State Department."

"I stand by the facts of my story," Free Beacon reporter Bill Gertz told The Cable.

This week, State Department officials also took the lead in the Chen case. State Department counsel Harold Koh, Assistant Secretary of State Kurt Campbell, and Ambassador Gary Locke led the negotiations with the Chinese that found Chen in a Beijing hospital fearing for his safety and that of his family.

In a Wednesday interview with CNN, Campbell emphasized that the United States adhered to Chen's wishes in negotiating a deal with the Chinese government that allows Chen to reunite with his family and start a new life inside China.

"I think everyone felt that we had served his interests and we'd worked closely with him in a manner that brought his family together that had been torn apart years ago and really had done something that gives him a chance to have a productive life," he said. "It's not going to be easy, but that's what he wanted, and we were very grateful to be able to support him."

But Campbell also acknowledged that there was no guarantee the Chinese government would adhere to the deal and that Chen's safety may be at risk.

"Now, time will tell," he said. "And what we have been able to do is provide the base, but it will be important for the U.S. government, for non-profits, for his many friends, admirers, and supporters to create a support network for him that protects him, that supports him, that encourages him in the way ahead."

Posted By Josh Rogin

The Obama administration said Tuesday it is involved in ongoing consultations with various Taliban officials, but said that a long-negotiated deal to transfer five senior Taliban commanders out of the U.S. prison in Guantanamo Bay is "on hold" indefinitely.

The U.S. plan for Afghanistan took shape today when President Barack Obama and Afghan President Hamid Karzai signed a Strategic Partnership Agreement to extend the U.S. security commitment in Afghanistan until 2024. The agreement was signed during Obama's surprise one-day visit to Afghanistan, which just happened to fall on the anniversary of the killing of al Qaeda leader Osama bin Laden.

Two senior administration officials briefed reporters today on a conference call from Kabul. Asked by The Cable whether the Obama administration is still negotiating with the Taliban directly and whether the administration sees Taliban participation in the future of Afghanistan, the officials said yes on both counts.

"We continue to remain in contact with various Taliban leaders and we have several indications of intense interest in the reconciliation process," a senior administration official said. "It's quite clear to us that there is a range of interest among Taliban in reconciliation and there's quite a bit of internal political turbulence within the Taliban on that score."

But the official explained that a deal under consideration to transfer five senior Taliban commanders out of Gitmo to "house arrest" in Qatar, in exchange for the release of a Westerner in Taliban custody, was stalled due to internal divisions within the Taliban's ranks.

"For reasons that appear to have to do with internal political turbulence among the Taliban, those efforts have been basically put on hold for the time being," the official said. "The Taliban understand very well what needs to happen in that channel for those talks to restart and we'll see what they do with that knowledge."

Senior U.S. lawmakers in both parties have come out against the proposed transfer of Taliban commanders out of Gitmo, arguing that they were too dangerous to be released and that the Qatari arrangement would not be enough to ensure they did not return to violence. The deal would also have set up a Taliban representative office in Qatar from which the Taliban could operate.

Last month, Afghan Defense Minister Abdul Rahim Wardak told a Washington audience that he also opposes releasing Taliban officials from Gitmo until the Taliban have shown some evidence that they are negotiating in good faith.

The government of Afghan President Hamid Karzai has expressed some hope that the deal would be a precursor to more positive interactions, although Afghan officials were initially upset that the United States had begun discussions with the Taliban outside their purview.

The Karzai government also has good reason to be suspicious of Taliban peace offers, considering that its most recent peace engagement with the Taliban literally blew up when a supposed Taliban negotiator detonated a suicide bomb that killed the leader of Karzai's peace council, former Afghan President Burhanuddin Rabbani.

Former Deputy NATO Senior Civilian Representative at ISAF Mark Jacobson, now with the Truman National Security Project, told The Cable today that the administration's comments represented new openness about its talks with the Taliban.

"I think the White House is increasingly open about U.S. discussions with the Taliban -- an indication to me that we are in a good position to move these talks along," he said. "In the end its going to have to be about Karzai and the Taliban, but both sides feel much more comfortable in direct discussions with us because both sides see us as more reliable than the others. And in the end, any agreement between the Taliban and the Afghan government will require the backing and support of the United States."

On the conference call from Kabul, the administration officials rejected assertions that the Obama administration is opening itself up to charges of politicizing bin Laden's killing by signing the agreement on the one-year anniversary of the mission. They said the timing was based on the upcoming NATO summit in Chicago.

"The negotiations were completed in recent weeks... The two presidents set a clear goal for the agreement to be signed before the summit in Chicago," one official said. "It was always the president's intention to spend this anniversary with our troops. What better place to spend that time with our troops here in Afghanistan who are in harm's way."

President Barack Obama has landed in Afghanistan and arrived at the presidential palace in Kabul, where he will sign a Strategic Partnership Agreement with the Afghan government on the one-year anniversary of the killing of Osama bin Laden.

"President Barack Obama is in Afghanistan for a whirlwind visit that will culminate in a live, televised address to the American people," a White House pool report said Tuesday.

Obama and Afghan President Hamid Karzai will sign the agreement shortly and Obama is scheduled to address the nation just after 7:30 EDT Tuesday evening (4 AM local time) from Bagram Airbase. The agreement commits the United States to a security presence in Afghanistan for years after the 2014 handover of control to the Afghan government, but exact troop numbers won't be decided until next year.

Obama's plane left Andrews Air Force Base just after midnight Monday and arrived at Bagram Tuesday evening Afghanistan time. He was greeted at Bagram by Amb. Ryan Crocker and Lt. Gen. Mike Scaparotti, deputy commander of U.S. forces in Afghanistan.

"Senior administration officials said the timing of the trip was driven by the negotiations over the Strategic Partnership Agreement and by the desire of both presidents to sign the agreement in Afghanistan prior to the NATO summit in Chicago later this month," the pool report stated. "However, the officials also acknowledged that the timing coincides with the first anniversary of the U.S. raid that killed Osama bin Laden."

At the Pentagon, defense officials released a new report on the progress of the mission in Afghanistan, required by Congress under section 1230 of the Defense Authorization Act. The report claims continued progress in the effort to defeat the Taliban and train the Afghan National Security Forces to take the lead.

"The year 2011 saw the first year-over-year decline in nationwide enemy-initiated attacks in five years. These trends have continued in 2012," the report stated. "The performance of the Afghan National Security Forces (ANSF) and the close partnership between the ANSF and ISAF have been keys to this success. As a result, the ANSF continue to develop into a force capable of assuming the lead for security responsibility throughout Afghanistan."

The report did mention the dozen or so attacks on ISAF forces by soldiers in ANSF uniforms, known as "green on blue" attacks, but the report failed to note that some attempted "green on blue" attacks are never reported by ISAF because they were not successful, as reported by the Associated Press Monday.

While the Pentagon report praises the progress of allied forces in fighting the Taliban in Afghanistan, it excoriates Pakistan for harboring enemies of the Afghan government and accuses Karzai's government of rampant corruption.

"The Taliban-led insurgency and its al Qaeda affiliates still operate with impunity from sanctuaries in Pakistan. The insurgency's safe haven in Pakistan, as well as the limited capacity of the Afghan Government, remain the biggest risks to the process of turning security gains into a durable and sustainable Afghanistan. The insurgency benefits from safe havens inside Pakistan with notable operational and regenerative capacity," the report states.

"Additionally, the Afghan Government continues to face widespread corruption that limits its effectiveness and legitimacy and bolsters insurgent messaging."

The handover of security control to Afghan government forces continues apace, according to the report. As of March 31, 2012, 20 of 34 provinces, comprising about half the Afghan population, were under Afghan control, the report said.

The report said that ANSF numbers will reach 352,000 by Oct. 2012, which is about when the United States will make decisions regarding how many American troops to leave in Afghanistan when the drawdown of "surge" troops is complete this fall. At that time, 68,000 U.S. troops will remain, with the goal of handing over complete control to the Afghan government in 2014.

The report claims that the insurgency is severely degraded and that Taliban reintegration programs are working well.

"ANSF-ISAF operations have widened the gap between the insurgents and the population in several key population centers, limiting insurgent freedom of movement, disrupting safe havens in Afghanistan, and degrading insurgent leadership," says the report. "Continued success of the Afghan Peace and Reintegration Program appears to be amplifying this trend by degrading Taliban cohesiveness."

A senior State Department official said Tuesday that the the Strategic Partnership Agreement Obama is about to sign contains within it mechanisms to get at the problem of Afghan government corruption.

The agreement authorizes "a bilateral commission with a set of working groups that will further assure the donor community, including the United States, that the Afghans are making the kind of progress that they need to make in order to demonstrate to donors that it's worthwhile to continue providing the kind of assistance that we provide," the official said.

But the Pakistan problem remains. A senior Pentagon official said that the share of attacks in eastern Afghanistan has gone up due to the activity of the Pakistan-based Haqqani network.

"The Haqqani network continues to operate networks in Afghanistan and continues to carry out attacks in Afghanistan.  When we're talking about the attacks on RC-East, the Haqqani network is the major actor in the major problem area," the official said. "We will continue to work to interdict their ability to act in Afghanistan and continue to make clear to Pakistan that we expect them to take action to prevent violence emanating from its borders, impacting other countries, including its neighbor Afghanistan."

MANDEL NGAN/AFP/GettyImage

Posted By Josh Rogin

There is no formal planning going on inside NATO to prepare for defending Turkey from the violence spilling over from Syria, even though Turkey is considering whether to formally invoke NATO's chapters on collective defense, a top Obama administration official said Monday.

"Our Supreme Allied Commander [Adm. James Stavridis] can do a certain amount of planning... but there has been no formal tasking and there has been no formal request by the Turks for consultations in an Article 4 or Article 5 scenario," said Liz Sherwood-Randall, the National Security Council's senior director for Europe, in remarks Monday at the Center for Strategic and International Studies.

Turkish Foreign Minister Ahmet Davotoglu briefed his foreign minister and defense minister counterparts on Syria at a high level meeting in Brussels this month, and reports said that Davotoglu discussed at length a cross border attack by Syrian forces on a refugee camp inside Turkey that killed two. Davotoglu is also reported to have said the Syrian regime has "abused a chance offered by the Annan plan."

The Obama administration also believes that the Annan plan "is failing," is currently searching for a "plan B" in Syria, and is preparing military related options in case diplomacy breaks down. Secretary of State Hillary Clinton warned that NATO might have to get involved earlier this month, during a ministerial meeting of the "Friends of Syria" group in Paris.

"Turkey already has discussed with NATO, during our ministerial meetings over the last two days, the burden of Syrian refugees on Turkey, the outrageous shelling across the border from Syria into Turkey a week ago, and that Turkey is considering formally invoking Article 4 of the North Atlantic Treaty," Clinton said.

Sherwood-Randall was speaking to preview the upcoming May NATO Summit in Chicago, which she said would focus on three dimensions: NATO's mission in Afghanistan, NATO's defensive capabilities, and NATO's efforts to "increase and incentivize the contributions of NATO's partners."

On Afghanistan, she said NATO "will shape the next phase of the transition" to Afghan control ahead of the full handover to the Afghan government in 2014.

"Setting forth the next phase of the transition in Chicago is an important step that will ensure we complete our work on time," she said. "In order to ensure a responsible transition of security, we need to development milestones along the way, and it's our intention to do that in Chicago."

She did not say whether those milestones would be the same milestones that Defense Secretary Leon Panetta announced accidentally by reading internal talking points to reporters on the plane to Brussels in February, which amount to the goal of handing over the lead combat control to Afghan forces in 2013 while maintaining combat participation by allied forces.

Sherwood-Randall said that there will be no NATO-Russia Council meeting in Chicago as there was in Lisbon in 2010 and she said that was because of the timing of the event, which comes only days after Vladimir Putin returns to the presidency.

She also said that the United States would have to shoulder the burden of defense spending in NATO for a long time to come and that European countries were not expected to increase their spending on defense until their economic troubles subside.

"We can anticipate growth in European defense spending when Europe has recovered from its economic crisis and obviously there is a lot of work to be done on that front," she said. "We are so interdependent economically that it effects our growth as well. That said, we have got to find a way to maintain our alliance capabilities in this time of fiscal constraint and that's what we intend to do."

Posted By Josh Rogin

President Barack Obama declined to confirm or deny Monday that blind Chinese dissident Chen Guangcheng is hiding in the U.S. embassy following a daring escape from house arrest, but he did call on China to improve its behavior on human rights.

"Obviously I'm aware of the press reports on the situation in China, but I'm not going to make a statement on the issue," Obama said Monday during a press conference with visiting Japanese Prime Minister Yoshihiko Noda. "What I would like to emphasize is that every time we meet with China, the issue of human rights comes up. It is our belief that not only is that the right thing to do because it comports with our principles and our belief in freedom and human rights, but also because we actually think China will be stronger as it opens up and liberalizes its own system."

"We want China to be strong and we want it to be prosperous, and we're very pleased with all the areas of cooperation that we've been able to engage in," Obama said. "But we also believe that that relationship will be that much stronger and China will be that much more prosperous and strong as you see improvements on human rights issues in that country."

The State Department declined to confirm that Assistant Secretary of State for East Asian and Pacific Affairs Kurt Campbell was dispatched earlier than scheduled to Beijing to deal with the issue, although Campbell was photographed Sunday night arriving at his hotel in Beijing.

"It is not uncommon for Assistant Secretary Campbell or other assistant secretaries to travel in advance of the secretary's trips. So he is involved in preparing the trip," State Department spokeswoman Victoria Nuland said at Monday's press briefing.

Nuland repeated her mantra from Friday's briefing to decline to say anything substantive on the Chen case, such as where he is, whether the U.S. would offer him asylum, or whether the U.S. and Chinese governments are discussing the matter.

"Again, I have nothing for you on anything having to do with that matter," Nuland said.

The State Department again postponed a briefing to preview Secretary of State Hillary Clinton's trip to Beijing to attend the May 3 and 4 U.S.-China Strategic and Economic Dialogue (S&ED) and Nuland refused to say if the Chen incident would impact those talks.

"Well, as you know, the secretary is looking forward to her trip to Beijing. We've leaving this evening. This is the fourth round of the S&ED. And further than that, I don't have anything for you," she said. "The plan is that it will go forward."

Reporters at the briefing pressed Nuland to at least repeat past statements in support of Chen and his family or to acknowledge that Chen's family has been subjected to additional abuses since Clinton last publicly spoke out about the case last November.

Nuland wouldn't even mention Chen's name out loud and eventually got fed up with the repeated questioning and shut down the discussion.

"I have nothing further for you on this subject," she said. "I think that was the eighth time I've said that. I want to learn how to say it in Chinese, but I couldn't get a good, clear translation."

NICHOLAS KAMM/AFP/GettyImages

Posted By Josh Rogin

The State Department has been silent about what it will do about Chen Guangcheng, the blind Chinese activist and self-taught lawyer reported to have fled house arrest and sought refuge in the U.S. Embassy in Beijing. But Chen had good reason to believe America was on his side.

Dating back years before his Thursday escape, the State Department has repeatedly and publicly demanded Chen's release while carefully documenting the Chinese government's abuses of him and his family.

Most recently, in a November speech in Honolulu, entitled, "America's Pacific Century," Secretary of State Hillary Clinton singled out Chen's house arrest to complain about China's human rights practices.

"We have made very clear our serious concerns about China's record on human rights," she said. "When we see reports of lawyers, artists, and others who are detained or disappeared, the United States speaks up both publicly and privately. We are alarmed by recent incidents in Tibet of young people lighting themselves on fire in desperate acts of protest, as well as the continued house arrest of the Chinese lawyer Chen Guangcheng. We continue to call on China to embrace a different path."

Clinton raised the issue of Chen's treatment directly with Chinese Foreign Minister Yang Jiechi during their bilateral meeting that same day, according to a senior State Department official speaking to reporters at the time.

Administration officials won't say anything right now about Chen, shown at left above with dissident Hu Jia, as rumors fly that the U.S. and Chinese governments are having top-level discussions about the case, which threatens to disrupt Clinton's trip to China next week for a major security and economic dialogue. The AP reported that Assistant Secretary of State Kurt Campbell was dispatched to Beijing earlier than planned to deal with the crisis.

At Friday's State Department press briefing, Spokeswoman Victoria Nuland repeated variations of the same phrase six times to avoid saying anything substantive about the potential asylum case. "I don't have anything for you on that subject," she said.

A senior White House official repeated that same line on a Friday afternoon conference call to preview Japanese Prime Minister Yoshihiki Noda's visit to Washington on Monday. The State Department abruptly cancelled a conference call to preview Clinton's trip to China next week.

Reporters at the briefing pressed Nuland to acknowledge that Clinton had spoken out several times about Chen in the past, but Nuland refused to repeat past calls for Chen's release or say anything substantive about his situation.

"I don't have anything for you on that subject," she said. "I don't have anything on this issue at all."

The State Department has used Chen as a premier example of China's human rights shortfalls, and several U.S. government reports have documented what they see as the unlawfulness and unfairness of Chen's imprisonment and house arrest.

In a press availability at the U.S. Embassy in Beijing last April, Assistant Secretary of State for Democracy, Labor, and Human Rights Michael Posner criticized the Chinese government's treatment of Chen and said it was part of a much broader pattern of oppression dispensed on those whose speech or activism run afoul of the Chinese government.

"A particular concern is what seems to be a range of interferences with the work of lawyers who are often courageously working to defend others from charges or to help citizens register their concerns. Lawyers like Teng Biao who has been missing since February; Chen Guangcheng, a blind lawyer who with his wife Yuan Weijing is under house arrest since his release from prison last year," Posner said.

"Our discussions these last two days focused on these lawyers, but also bloggers, artists, NGO activists, journalists, representatives of minority religious communities and others who were asserting their rights and calling for reform... Societies need to give their own people an opportunity to voice and pursue their aspirations."

In a January 2011 speech at the State Department, Clinton pledged to advocate for human rights progress in China despite Chinese government objections, and invoked Chen as a problematic example of Chinese repression.

"America will continue to speak out and to press China when it censors bloggers and imprisons activists; when religious believers, particularly those in unregistered groups, are denied full freedom of worship; when lawyers and legal advocates are sent to prison simply for representing clients who challenge the government's positions; and when some, like Chen Guangcheng, are persecuted even after they are released," she said.

"Now, I know that many in China, not just in the government, but in the population at large resent or reject our advocacy of human rights as an intrusion on sovereignty. But as a founding member of the United Nations, China has committed to respecting the rights of all its citizens. These are universal rights recognized by the international community."

The 2011 Annual Report of the Congressional-Executive Commission on China detailed the conditions of Chen's confinement and treatment by Chinese authorities.

"Hu Jia, a human rights and environmental advocate, and Chen Guangcheng, a self-trained legal advocate who publicized population planning abuses, were released from prison this year only to face, along with their families, onerous conditions of detention and abuse with little or no basis in Chinese law," the report said. "In Chen's case, authorities kept him and his wife under extralegal house arrest and allegedly beat them after video footage of their conditions was smuggled out of the house and released on an overseas Web site."

The State Department's 2010 Human Rights Report on China alleges that Chen's arrest and three year imprisonment was trumped up and politically motivated.

"On September 9, blind human rights lawyer Chen Guangcheng was released after completing a prison sentence of three years and four months on politically motivated charges of ‘disrupting traffic,'" the State Department paper stated. "Since his release, Chen, his wife, and his mother have been under house arrest and prevented from communicating with others. Chen was not allowed to seek medical attention for a gastrointestinal condition he developed in prison."

STR/AFP/GettyImages

Posted By Josh Rogin

In a shift of U.S. policy, the White House said Friday that Taiwan does have a legitimate need for new fighter planes to address a growing gap with the Chinese military and pledged to sell Taiwan an "undetermined number" new U.S.-made planes.

The new White House position could spark a new crisis in the U.S.-China relationship on the very same day that blind Chinese Activist Chen Guangcheng is rumored to have fled his house arrest to seek asylum at the U.S. Embassy in Beijing. Secretary of State Hillary Clinton and Treasury Secretary Tim Geithner are also slated to visit China May 3 and 4 to hold the fourth round of the U.S. China Economic and Security Dialogue.

The White House policy shift was codified in a letter sent to Sen. John Cornyn (R-TX) Friday as part of a deal to get the Texas senator to release his hold on the confirmation of Mark Lippert, a close confidant of President Barack Obama whose nomination to become the top Pentagon official for Asia has been held up since October over the issue of selling F-16 fighter planes to Taiwan.

"We are mindful of and share your concerns about Taiwan's growing shortfall in fighter aircraft as the F-5s are retired from service and notwithstanding the upgrade of the F-16A/Bs. We recognize that China has 2,300 operational combat aircraft, while our democratic partner Taiwan has only 490. We are committed to assisting Taiwan in addressing the disparity in numbers of aircraft through our work with Taiwan's defense ministry on its development of a comprehensive defense strategy vis-a-vis China," Robert Nabors, director of the White House office of legislative affairs, wrote in a letter today to Cornyn.

"This work will be a high priority for a new Assistant Secretary of Defense in his dialogue on force transformation with his Taiwan counterparts. The Assistant Secretary, in consultation with the inter-agency and the Congress, will play a lead role as the Administration decides on a near-term course of action on how to address Taiwan's fighter gap, including through the sale to Taiwan of an undetermined number of new U.S.-made fighter aircraft."

The White House does not explicitly promise to sell Taiwan new F-16 fighter jets, as Cornyn wants, promising only to give the matter "serious consideration." But it does pledge an "underdetermined number" of new aircraft and the White House promised that Lippert would use the U.S.-Taiwan Defense Review Talks to conduct a full review of Taiwan's long-term defense strategy.

"Our decisions will continue to be based on an assessment of Taiwan's needs, taking into account what is needed to support Taiwan's overall defense strategy vis-a-vis China," the letter stated.

Cornyn praised the letter in a statement.

"I commend the Administration for recognizing that our friend and ally Taiwan's air force is woefully undersized and outgunned by Communist China, and their inability to adequately defend themselves poses a threat not just to their own security, but to that of the United States," he said. "I look forward to continuing to work hand-in-hand with the Administration and Taiwan as we move forward in this joint effort to ensure Taiwan has the new American-made fighter jets it needs to defend itself."

F-16 fighter planes are largely manufactured in Cornyn's home state of Texas and assembled by Lockheed Martin of Fort Worth.

Arms sales to Taiwan, especially offensive arms like F-16s, are a major irritant in the U.S.-China relationship, as China regards Taiwan as a renegade province and a core interest. The United States has maintained a balance between arming Taiwan and trying to avoid friction with China over the issue since the Taiwan Relations Act was signed in 1979.

Last October, the Obama administration decided to sell Taiwan upgrade packages for its aging fleet of F-16 A/B model planes but the administration never said whether it would sell Taiwan the newer, more advanced planes, claiming it was still under consideration.

At Lippert's November confirmation hearing, Cornyn pressed the nominee on the issue (watch the video here) and then introduced an amendment to the defense authorization bill that sought to force the administration to sell Taiwan new F-16s. That amendment was voted down in the Senate.

Cornyn then wrote a letter threatening to hold the Lippert nomination unless he gets some satisfaction on the issue.

"I remain disappointed by your de facto denial of Taiwan's request to purchase 66 new F-16 C/D fighter aircraft, and I believe it sends a damaging message to nations in the Asia-Pacific region and beyond that the U.S. is willing to abandon our friends in the face of Communist China's intimidation tactics," Cornyn wrote.

In the administration's Feb. 16 response to Cornyn, acting Under Secretary of Defense for Policy James Miller wrote, "We believe the F-16 A/B upgrade effectively meets Taiwan's current needs." Today's letter changes that analysis.

The Lippert hold is not the first time Cornyn has used his power to hold nominees to press for selling F-16s to Taiwan. Last July, Cornyn held up the nomination of Deputy Secretary of State Bill Burns until Secretary of State Hillary Clinton agreed to make a decision on selling the fighter plane to Taiwan.

Lippert's nomination had also been stalled by an objection by Sen. John McCain (R-AZ), who wanted details on Lippert's reported feud with former National Security Advisor Jim Jones. Lippert was confirmed by the Senate late Thursday evening.

UPDATE: National Security Council spokesman Tommy Vietor sent the The Cable the following statement on the sale:

The letter to Senator Cornyn is consistent with our current policy on Taiwan, which has not changed. We take very seriously our commitment to Taiwan’s defense as outlined in the Taiwan Relations Act. Our commitment is reflected in our sales of $12.5 billion in arms to Taiwan in 2010 and 2011. In particular, these sales have made a significant contribution to Taiwan’s air defense capabilities including by upgrading the backbone capability of Taiwan’s air force. We do not comment on future possible foreign military sales unless formal congressional notification has taken place.  We remain committed to our one China policy based on the Three Joint Communiqués and the Taiwan Relations Act.  The new ASD Mark Lippert will play a central role in working with Taiwan's defen.se ministry on its development of a comprehensive defense strategy and a resourcing plan.

 

SAM YEH/AFP/Getty Images

Posted By Josh Rogin

The Republican Party appears to be deeply split on whether the United States should call on Syrian President Bashar al-Assad to step down, a Senate committee vote revealed today.

The divisions were on display during a one-hour debate Thursday at the Senate Foreign Relations Committee (SFRC), after which the Republican members of the panel remained irreconcilably divided over how aggressively the United States should work for Assad's removal.

Thursday's markup of a resolution condemning the violence in Syria, put forth by Sens. Marco Rubio (R-FL) and Bob Casey (D-PA), was the first real congressional debate over U.S. policy in Syria since protests broke out there more than a year ago. It was a heated debate, and by the time the dust settled, half of the Republicans on the committee joined with the Democrats to insist that Congress call on Assad to step down, overruling the other half of the Republicans on the panel, who argued that such language should be scuttled from the resolution.

Rubio, in a speech Wednesday at the Brookings Institution aimed at burnishing his foreign-policy credentials, explained that he was fighting against a growing isolationist trend in his own party. "I recently joked that today, in the U.S. Senate, on foreign policy, if you go far enough to the right, you wind up on the left," he said.

Little did he know that his next battle with members of his own party on foreign policy would come only a day later.

Senate Foreign Relations Committee Chairman John Kerry (D-MA) opened up Thursday's SFRC business meeting by warning of the dangers of Assad remaining in power.

"The stakes in Syria are very, very high. The prospects of a full-fledged civil war are very real," Kerry said, explaining that he will travel to the region during the next Senate recess, which begins tomorrow. "If Assad were to remain in power ... it would really mark a turning point in this Arab awakening and we would have a lot of difficulties dealing with that for a long time to come."

But as soon as Kerry started considering the Rubio-Casey resolution as introduced, Sen. Bob Corker (R-TN) objected to the paragraph that "calls upon the President to continue to provide support, including communications equipment to organizations in Syria that are representative of the people of Syria."

Corker wanted to make sure that Congress wasn't endorsing arms sales to the Syrian opposition, so the committee agreed to add the words "non-lethal" before "support." Corker also tried to make the resolution specify that no money would go to the opposition, but that was voted down by all nine committee Democrats and three of the nine committee Republicans: Rubio, Johnny Isaakson (R-GA), and John Barrasso (R-WY).

The real fireworks came when Corker tried to remove the line saying that the Senate "reaffirms that it is the policy of the United States that the legitimate aspirations of the Syrian people cannot be realized so long as Bashar al-Assad remains in power and that he must step aside."

"I think it's odd to state as a national policy that we want to see Assad gone," Corker said.

Kerry pointed out that President Barack Obama, Secretary of State Hillary Clinton, and Defense Secretary Leon Panetta have all called publicly for Assad to go, so it already is national policy and the Senate would simply be endorsing that. Kerry offered to take out the phrase "he must step aside."

Ranking Republican Richard Lugar (R-IN) objected even to that. "I still feel that we should not include a reference to Assad in the paragraph," he said.

"For us to get into a situation where are making these sorts of judgments seems to be overstepping without really having a fundamental debate," said Lugar "We crept on this before during the Libya situation... and we've never really had a debate. The personalization of this resolution is not a good idea."

Rubio defended his resolution, stating he agreed with the administration. He was backed up by several Democrats, including Sens. Richard Durbin (D-IL) and Robert Menendez (D-NJ).

Durbin said that if the Senate passed a resolution weaker than the administration's position, the signal to the world would be that the United States is backing down. "Wouldn't this give some solace to Assad that he might be able to survive and continue?" he asked.

"Many thousands of people have been killed in Russia and China and even in Burma," Lugar responded. "The president could say [Russian President-elect Vladimir] Putin must go, or Chinese leaders, because they are committing crimes in Lhasa all the time. But we are not affirming that... This is a shift in making foreign policy that I am very uncomfortable with."

Kerry tried his best several times to find compromise language that would satisfy both sides, suggesting that the resolution call for a democratic transition decided by the Syrian people -- with the obvious implication that Syria's future would not include Assad.

"It's conceivable that diplomacy might create some transition process." Kerry said, referring to the gradual handover of power by President Ali Abdullah Saleh in Yemen. "Who knows?"

Menendez was having none of that argument.

"To somehow leave in vagueness that Assad, despite his slaughter, can somehow find a way to survive, is very difficult to accept," Menendez said. "Otherwise, it undermines the purpose and the power of these resolutions and sends the wrong message to the people struggling and dying."

Ultimately, Kerry gave up and called the vote and the committee voted 12-6 to keep the call for Assad to go in the resolution. Rubio, Isaakson, and Barrasso again joined the Democrats in the vote to scuttle Corker's amendment.

In the final vote to approve the resolution, Sen. James Inhofe (R-OK) voted in favor by proxy, making the final vote 13-6. Four Republicans voted for the resolution, five against. Sen. Jim Webb (D-VA) broke ranks with the Democrats and voted against the resolution by proxy.

"The committee is split on Syria but I think you'll find a different result when we get to the floor," Rubio told The Cable in a short interview. "I think there will be much more support for it from Republicans than the committee's vote reflected."

Brendan Hoffman/Getty Images

Posted By Josh Rogin

The Defense Department's new espionage unit is so secret, even the leaders of the Senate Armed Services Committee weren't told about it.

The Washington Post reported April 23 that the Pentagon has created something called the Defense Clandestine Service, an effort that will reassign hundreds of defense intelligence personnel to focus on gathering information in countries, such as Iran, that are outside the current warzones in Afghanistan and Iraq. The new initiative was reported to be the brainchild of Under Secretary of Defense for Intelligence Michael Vickers.

A "senior defense official" gave the story to the Post, but nobody in the Pentagon told Senate Armed Services Committee heads Carl Levin (D-MI) and John McCain (R-AZ), who complained loudly about being left out of the loop at Thursday morning's committee hearing.

In a short interview with The Cable after the hearing, McCain said this was only the latest example in an ongoing trend of the Pentagon failing to properly keep Congress informed about its activities.

"I had to read about it in the Washington Post. There's not greater example of the cavalier way that the Pentagon treats the Senate Armed Services Committee," McCain said.

In his own short interview with The Cable, Levin said he would hold a hearing on the issue as soon as the Senate returns from its upcoming recess, which begins tomorrow.

"I think they were lax in their noticing it to the Senate and in general I share McCain's belief that they have not adequately notified the Senate on a number of things nor responded in a number of ways to the requirements in law," he said.

Posted By Josh Rogin

Two top Obama administration officials said today that the diplomatic initiative to end the violence in Syria, led by U.N. Special Envoy Kofi Annan, "is failing."

Under intense questioning during Thursday's Senate Armed Services Committee hearing, both Kathleen Hicks, the current deputy under secretary of defense for policy, and Derek Chollet, National Security Council senior director for strategy, said that the Annan plan was headed toward collapse and that new options for confronting Syrian President Bashar al-Assad were being prepared.

Asked by the committee's ranking Republican, Arizona Sen. John McCain, if Assad had complied with the six points of the Annan plan for Syria, which charts a path away from violence toward political negotiations, Chollet acknowledged that violence is actually increasing.

"Do you believe the Annan plan has succeeded or failed?" McCain asked both officials.

"I would say it is failing," Chollet said.

"I would say it is failing and that Annan himself is extremely worried about the plan," Hicks concurred.

Annan lamented reports of increased violence Wednesday but said he still wanted to increase the number of monitors on the ground.

"If confirmed, this is totally unacceptable and reprehensible," said Annan."Equally, a credible political process is required if we are to sustain any long-term calm on the ground."

As The Cable reported last week, Chollet was added recently to the senior leadership of the Syria policy team and is coordinating the interagency process to look for a "Plan B" for U.S. policy for if and when the diplomatic initiatives break down.

Several times during the hearing, McCain complained that the United States was not leading in Syria, waiting for others to request more assertive action and hiding behind the excuse that there was no international consensus on the way forward.

"My view is that the United States is leading diplomatically," said Hicks, pointing to the Friends of Syria group of countries that meets periodically to discuss the issue as well as repeated action at the U.N. Security Council.

"Actually, we have not led the Friends of Syria, at least according to the Friends of Syria, because I have met with them, so that's not a fact," McCain said.

The Pentagon is planning for the possibility that the U.S. military might be called upon to participate in a mission to establish safe zones along the Turkey-Syria border, according to Hicks.

"We are doing a significant amount of planning for a wide range of scenarios, including our ability to assist allies and partners along the borders," she said.

But Chollet said that Turkey has not yet requested a discussion within NATO about setting up safe zones inside Syria, which would require military support. He added that if Turkey did request such a discussion, NATO would be obliged to take up the matter.

"I am unaware of any official or any serious discussions for that matter about how NATO might help Turkey in that regard," Chollet said.

McCain said that expanding the U.N. observer mission, which only has 15 people on the ground right now, would likely not solve the problem. He referred to Thursday's Washington Post editorial, "Where U.N. monitors go in Syria, killings follow."

The editorial noted reports that the Assad regime is sweeping into villages and towns as soon as the monitors leave, killing civilians and punishing those who are suspected of cooperating with the U.N. mission.

McCain was scolding and sometimes sarcastic about what he regards as a feckless U.S. Syria policy.

"I'm glad to hear that we are playing such a ‘leadership role'," McCain said. "I can guarantee you nobody in the Middle East thinks that. I can guarantee you that this is a shameful situation where people are being slaughtered. We are talking about economic sanctions and diplomatic sanctions. We should be helping these people."

Hicks has been nominated to be principal deputy under secretary of defense for policy, succeeding acting Under Secretary of Defense for Policy James Miller, and Chollet has been nominated to be assistant secretary of defense for international security affairs, succeeding Sandy Vershbow, who is now NATO's deputy secretary-general.

On Wednesday, French Foreign Minister Alan Juppe raised the idea of intervening militarily against the Assad regime in Syria and said that the Security Council might have to consider a Chapter 7 resolution, which could authorize the use of force. "We cannot allow the [Assad] regime to defy us," he said.

BULENT KILIC/AFP/Getty Images

The House Appropriations Committee proposed cutting the State Department and foreign operations budget by more than $5 billion next year, in its annual allocations released Tuesday.

The Obama administration actually requested modest increases in funding for the State Department and USAID for fiscal 2013 when it released its budget request in February. While the Congress doesn't divide up the accounts the same way as the administration, in an apples-to-apples comparison, the House Appropriations Committees' allocation for State and foreign operations for fiscal 2013, $48.4 billion, would represent a 12 percent cut from the administration's $54.71 billion request for the same accounts.

The House proposed fully funding the president's $8.2 billion request for State Department funding related to the wars in Iraq, Afghanistan, and Pakistan, known as the Overseas Contingency Operations (OCO) account. Therefore, the remainder of the funding proposed by the House, $40.1 billion for the base budget, would represent a 14 percent cut to the administration's request for non-war related diplomatic and development activities.

The House proposal would also be a $5 billion or 9 percent cut from the funding levels enacted in fiscal 2012. The Senate Appropriations Committee, in its own allocations, proposed giving the State and foreign operations accounts $53 billion, roughly equal to fiscal 2012 levels, although the Senate proposed shifting $5 billion from the OCO account to the base budget.

Non-governmental organizations that focus on international affairs funding were quick to criticize the House Appropriations Committee's actions.

"Retreat from our engagement in the world is not an option for the sake of our national security, but these cuts to the International Affairs Budget represent just that," said retired Marine Corps Gen. Mike Hagee, co-chair of the U.S. Global Leadership Coalition's National Security Advisory Council. "The International Affairs Budget is absolutely critical to our nation's security and economic interests, and the programs it funds are cost-effective ways to prevent conflicts that will eventually require us to put our brave men and women in uniform in harm's way."

The allocations released Tuesday are just the first step in a long appropriations process. Next, the subcommittees will write up appropriations bills to fit within the allocation limits, after which both chambers will ostensibly begin marking up appropriations bills and moving them through the legislative process.

Practically, nobody expects the Congress to actually pass appropriations bills this year through both chambers due to the hyper partisanship of the presidential election season. But the spade work done by the committees could influence what ends up getting funded in the catch-all emergency stop gap spending bill that Congress will have to pass when the fiscal year expires Sept. 30 in order to keep the lights on throughout the government.

The House's proposal could also be just the first step in a multi-year effort by the GOP to steadily reduce funding for diplomacy and development, as is spelled out in the 99 page "Path to Prosperity" document put for by House Budget Committee Chairman Paul Ryan (R-WI).

"I am committed to working together with the Chairman and with our colleagues across the aisle to make sure that we continue to support our critical national security priorities and that there is proper oversight and accountability for all of our foreign assistance," State and foreign ops Chairwoman Kay Granger (R-TX) told The Cable in a statement.

Subcommittee ranking Democrat Nita Lowey (D-NY) criticized the cuts in her own statement to The Cable.

"I am disappointed by this short-sighted allocation and the Republicans' decision to ignore bipartisan funding levels agreed to in the Budget Control Act," she said. "We must not make cuts that fundamentally weaken our national security interests."

John Hudson reports on national security and foreign policy from the Pentagon to Foggy Bottom, the White House to Embassy Row, for The Cable.

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