On the recordDecember 17, 2010
The answer is, under the terms of the treaty, they have a right to characterize something as an extraordinary event which qualifies under the terms of the contract between the two parties to withdraw. And it is also true that, technically speaking, that is not a decision which we can countermand in any way. In that sense, it is true that they can withdraw. But it is also true that this treaty, like any other contract, sets up terms of reference. One of the terms of reference is the supreme national interest clause or the extraordinary circumstance clause. We both agree that clause has to be satisfied in order for a party to be proper or to be--or to properly withdraw from the treaty. When the START treaty--excuse me, if I could finish. When START was ratified, we pushed back against the Russians when they said: Well, this gives us a right to withdraw from the treaty. We said: No, it doesn't. We made it clear to them they shouldn't withdraw under that circumstance. Here, by being silent, in effect, on it, we are tacitly agreeing with their interpretation, and that is dangerous because I would assume we don't want them to withdraw from the treaty, but they have set up a circumstance which is virtually inevitable because we planned to do the very thing they say will give them the right to withdraw from the treaty. The PRESIDING OFFICER. The Senator from Massachusetts.
