Reporter's Notebook: Russia’s Ukraine war and Congress’ long push for aid

It was late January. Russian leader Vladimir Putin was rattling sabers about invading Ukraine. The Senate called in top Biden administration officials to brief them on what to expect from the Kremlin.

The Senate quickly prepared to pummel Moscow with what senators described as the "mother of all sanctions" bill. Senate Foreign Relations Committee Chairman Bob Menendez, D-N.J., indicated that the sanctions bill was on "the one yard line." After leaving a classified briefing on Ukraine, Sen. Lindsey Graham, R-S.C., said that the meeting seemed to steel the resolve of senators to sanction Russia.

Unlike American football, the U.S. Senate operates on more than four downs – considering that the legislation was purportedly so close to the goal line. Top senators kept saying the bill was inching closer. Senate Majority Leader Chuck Schumer, D-N.Y., even indicated that the tough sanctions bill was a way to deter Putin from invading Ukraine. Thus, it was important to pass the bill before an invasion.

It never happened.

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Yes. Congress has provided Ukraine with all sorts of aid and weapons. Lawmakers tucked nearly $14 billion in aid to Ukraine into a gigantic, omnibus spending bill to avoid a U.S. government shutdown. But Congress has yet to send to President Biden’s desk a solitary bill which just deals with Ukraine.

This is why it’s been far from everything Ukrainian leader Volodomyr Zelenskyy requested. Zelenskyy continued to push for a transfer of MiGs from Poland and the declaration of a no-fly zone over Ukraine.

Lawmakers from both sides boasted about what Congress has dispatched to Ukraine. Republicans have criticized the Biden Administration for what the right says is a slow response to the crisis. But Ukraine has received far from everything on its wish list. Lawmakers are careful to note than NATO’s enforcement of a no-fly zone could inject the west directly into the conflict – something the U.S. wants to avoid.

"We’re fulfilling almost every single request that the Ukrainians made of us," said Sen. Chris Murphy, D-Conn. "This town is so obsessed with the incredibly narrow band of equipment that we don’t feel we have the capability to transfer. So I think we should be really proud of the pretty extraordinary pace of transfers to the Ukrainians."

In late March, the House overwhelmingly approved a bill for the U.S. to revoke normal trade relations with Russia. The House approved the plan 424-8. On its face, one would have thought this bill would be a lay-up in the Senate. 

But then again, you’re dealing with the U.S. Senate.

At first there was an issue over Russian oil raised by Sen. Michael Crapo, R-Idaho. But once that was resolved, Sen. Rand Paul, R-Ky., blocked speedy consideration of the measure.

"Somebody ought to read the bills," said Paul on the floor.

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The Kentucky Republican also hamstrung the measure over his concerns it could be too punitive in efforts to punish human rights abusers.

And so, the Senate burned more than two weeks without advancing that bill.

Schumer ducked a question about why he failed to put in motion some parliamentary steps which would force a Senate vote last week. Yes, the process would have cost the Senate several days – even though all senators seemed to be in favor of lifting normal trade relations with Russia and Paul was the only obstruction. But the Senate would have scored an end result to help Ukraine and slap Russia.

That said, Schumer may have been reluctant to tie up floor time with the Senate facing the pending confirmation of Supreme Court nominee Ketanji Brown Jackson. The Senate aims to confirm Jackson by the end of the week. Democrats are very leery of doing anything which could delay or imperil Jackson’s confirmation – especially in a 50/50 Senate.

Few would say this. But as much as senators from both parties want to penalize Russia, Democrats are slightly more concerned about getting Jackson confirmed to the High Court. 

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Especially after Republicans didn’t grant a hearing to Attorney General Merrick Garland when President Obama nominated him for the Supreme Court in 2016 – and Republicans then shoehorned the confirmation of Justice Amy Coney Barrett just days before the 2020 election.

"The confirmation of Judge Jackson remains the highest priority of the Senate this week by far," said Schumer.

Trade with Russia – and how the U.S. should now approach trade with China amid the war in Ukraine – took center stage at a recent Senate Finance Committee hearing with U.S. Trade Representative Katherine Tai.

"We’re only halfway there," said Tai when asked about the Senate’s inaction on cutting off normalized trade ties with Russia. "We need to finish the act. It has been so important to have the United States government speaking in one voice."

Of course, that is always the challenge on Capitol Hill: getting a bicameral legislature to speak with one voice.

Senate Finance Committee Chairman Ron Wyden, D-Ore., moved on to another piece of legislation with the Russia trade bill stalled. 

"If American companies are doing business in Russia and paying taxes to the Russian government, we ought to take away foreign tax credits," said Wyden. "There is no reason that people in Oregon and Ohio ought to be subsidizing the Putin war machine. So we’ve got to get this (trade bill) done."

President Biden imposed sanctions on Russia on his own. But Sen. Maggie Hassan, D-N.H., expressed concern that Moscow may wiggle out of the consequences.

"How can you continue to apply pressure on Putin for these unprovoked attacks?" asked Hassan of Tai.

"The most direct tool that we have in the trade toolbox is how we treat Russia at the WTO (World Trade Organization)," replied Tai.

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Congress is now trying to quickly pass a bill to prep the nation for the next wave of the pandemic. The bill lacks money to fund COVID measures overseas - much to the dismay of many lawmakers. It’s believed Congress may need to work on an international coronavirus bill in the coming months. The international aid part is unpopular with some Republicans. The working theory on Capitol Hill is that lawmakers could stuff additional Ukraine money into that measure in the coming months to make the legislation more palatable.

Now there’s a bipartisan push on Capitol Hill by lawmakers to condemn Russia’s butchery in Bucha.

"I think this should be a turning point for the world," said Graham. "We should follow him to the ends of the Earth to prosecute him. But this should be a turning moment in the war."

But based on its track record on Ukraine, it’s unclear if the tragedy of Bucha is a turning point for Congress.