Top Democrats warn against withdrawing from treaty that allows observation flights over Russia

Four top defense and foreign policy Democrats in the House and Senate are raising the alarm about the possibility of President TrumpDonald John TrumpGiuliani goes off on Fox Business host after she compares him to Christopher Steele Trump looks to shore up support in Nebraska NYT: Trump had 7 million in debt mostly tied to Chicago project forgiven MORE withdrawing from a multilateral treaty they argue is a "critical element" of U.S. and European security.

At issue is the Open Skies Treaty, which allows the pact’s 34 signatories, including the United States and Russia, to fly unarmed observation flights over the entire territory of other signatories.

“We understand the administration is considering withdrawing from the Open Skies Treaty and urge you not to do so. Withdrawing from the Treaty would be contrary to U.S. national security, and is apparently moving forward without any notice or consultation with Congress,” the lawmakers wrote Tuesday in a letter to Defense Secretary Mark EsperMark EsperOvernight Defense: Dems want hearing on DOD role on coronavirus vaccine | US and India sign data-sharing pact | American citizen kidnapped in Niger US citizen kidnapped in Niger US signs satellite data-sharing pact with India, warns of Chinese threats MORE and Secretary of State Mike PompeoMichael (Mike) Richard PompeoOvernight Defense: Dems want hearing on DOD role on coronavirus vaccine | US and India sign data-sharing pact | American citizen kidnapped in Niger McEnany appears on Fox in 'personal capacity' as Trump campaign adviser US signs satellite data-sharing pact with India, warns of Chinese threats MORE. “We understand agencies have been directed not even to discuss this matter with Congress.”

The letter was signed by Senate Foreign Relations Committee ranking member Sen. Bob MenendezRobert (Bob) MenendezTrump appointee sparks bipartisan furor for politicizing media agency Senate Democrats hold talkathon to protest Barrett's Supreme Court nomination Watchdog confirms State Dept. canceled award for journalist who criticized Trump MORE (D-N.J.), Senate Armed Services Committee ranking member Sen. Jack ReedJohn (Jack) Francis ReedOvernight Defense: Dems want hearing on DOD role on coronavirus vaccine | US and India sign data-sharing pact | American citizen kidnapped in Niger Senate Democrats want hearing on Pentagon vaccine effort Governors urge negotiators to include top priorities in final defense policy bill MORE (D-R.I.), House Foreign Affairs Committee Chairman Eliot EngelEliot Lance EngelTrump appointee sparks bipartisan furor for politicizing media agency Office of Special Counsel widens Pompeo probe into Hatch Act violations  Overnight Defense: Trump, Biden set to meet in final debate | Explicit Fort Bragg tweets were sent by account administrator | China threatens retaliation over Taiwan arms sale MORE (D-N.Y.) and House Armed Services Committee Chairman Adam SmithDavid (Adam) Adam SmithGovernors urge negotiators to include top priorities in final defense policy bill Bottom line A long overdue discussion on Pentagon spending MORE (D-Wash.).

Asked what prompted the letter, a spokeswoman for the House Armed Services Committee highlighted former national security adviser John BoltonJohn BoltonPresident Trump: To know him is to 'No' him Obama highlights Biden's tweet from a year ago warning Trump wasn't ready for pandemic Trump's former Homeland Security adviser on COVID-19: 'We could have saved more lives with a different, faster approach' MORE's opposition to arms control agreements. Pressed on if anything has happened since Bolton's ouster last month, the spokeswoman did not immediately reply.

Engel also sent his own letter Monday to national security adviser Robert O’Brien warning against an Open Skies withdrawal, citing unspecified “reports” that the administration is considering the move.

"We do not comment on Congressional correspondence. We continue to implement the treaty and are in full compliance with our obligations under this Treaty, unlike Russia," a State Department spokesperson told CNN.

Republicans for years have accused Russia of violating the treaty by blocking flights over some of its territory.

Russian President “Vladimir PutinVladimir Vladimirovich PutinThe US must not lose the cyberwar with Russia Chechen leader: Macron's stance on Muhammad cartoons 'forcing people into terrorism' Russia implements national mask mandate as coronavirus cases rise MORE has violated the Open Skies Treaty for years while continuing to benefit from surveillance flights over the United States,” Sen. Tom CottonTom Bryant CottonCotton mocks NY Times over claim of nonpartisanship, promises to submit op-eds as test Barrett fight puts focus on abortion in 2020 election COVID outbreak threatens GOP's Supreme Court plans MORE (R-Ark.) said in a statement Tuesday. “The president should withdraw from the treaty and redeploy the hundreds of millions of dollars the Pentagon wastes on Open Skies flights and equipment to increase U.S. combat power."

But Democrats argue the treaty provides an invaluable tool to monitor Russian military capabilities.

The United States has also used the flights in recent years to show support for Ukraine in the face of Russian aggression. In 2018, after Russia seized two Ukrainian naval ships transiting the Kerch Strait, the United States conducted an Open Skies flight over Ukraine to “reaffirm U.S. commitment to Ukraine.” The U.S. military also conducted an Open Skies flight over Ukraine in 2014 in response to Russia’s invasion of Crimea.

Some Republicans, too, continue to support the treaty. Rep. Don Bacon (R-Neb.) said in a statement Tuesday that “we get valuable access to Russian airspace and military airfields on short notice” and that he has “yet to see a compelling reason to withdraw from Open Skies.”

U.S. Strategic Command, which oversees the U.S. nuclear arsenal, also Tuesday morning retweeted Bacon’s support for the treaty as something that “helps build confidence & increase transparency.”

In their letter, Menendez, Reed, Engel and Smith argued that withdrawing from Open Skies “would be yet another gift from the Trump administration to Putin.”

“Withdrawing from the Open Skies Treaty would be perceived as casting further doubt on the status of the United States commitment to Ukraine’s security and would advance the Russian narrative that the United States is an unreliable partner in the region,” the lawmakers wrote, in an apparent reference to the House impeachment inquiry into whether Trump leveraged U.S. aid to Ukraine to pressure its leaders to investigate political rival former Vice President Joe BidenJoe BidenGiuliani goes off on Fox Business host after she compares him to Christopher Steele Trump looks to shore up support in Nebraska Jeff Daniels narrates new Biden campaign ad for Michigan MORE.

The lawmakers also highlighted that this year’s House-passed version of the annual defense policy bill would prohibit funding to withdraw from Open Skies unless all other signatories agree Russia is in material breach.

The letter also slammed the administration for not consulting with Congress or U.S. allies about the issue. 

“If the president withdraws from this landmark treaty, it will fundamentally demean and devalue the United States commitment to treaties and other international obligations,” they wrote. “We request that you not move forward with any action to withdraw or impair the United States as a party to the treaty absent, at minimum, meaningful consultation with Congress.”

Updated on Oct. 9 at 8:20 a.m.