On the recordDecember 18, 2010
I thank the Chair. Let me get to the heart of the argument about why this is so critical. The other side is trying to minimize this, saying you can't say that language has no legal binding authority, it is not that important, and turn around and say we can't change it. That is the nub of their argument--that we have to be able to change it because, if we don't change it, somehow nonbinding language is enough for us to say let's have no verification at all. It is a strange tradeoff. Here is why it matters. Because the preamble is in the instrument that is transmitted to the Senate. Even though it is not the binding component of it, the rules by which we all play are that if you change a comma, or one word, that change has to go back to the Government of Russia, and they have to decide what they want to do. Why is that important relative to this language? Because the public position that they fought for in this negotiation was to achieve binding restraints on U.S. missile defense. That is what they wanted. And as Secretary Gates said--every general and admiral who has looked at this, including Admiral Mullen and General Chilton, have all said they didn't get that. They didn't win that point. We won that point. In any negotiation, when somebody needs something to be able to feel good, or deal with their own politics, sometimes you let them have a little something that is meaningless to you but may mean something to them. That is what we gave them.
