Sen. Mike Lee seeks revisions to Biden’s bilateral security agreement with Ukraine

Text messages published by CNN show Sen. Mike Lee efforts to overturn the 2020 election. Photo: Utah Senator Mike Lee

WASHINGTON, D.C. – Senator Mike Lee and Sen. Rand Paul (R-KY) have both introduced a resolution condemning the Biden Administration’s recently signed bilateral security agreement with Ukraine.

The two senators argue that the signed agreement is unconstitutional and calls for the need for “Senate oversight” in the Biden administration’s guarantees to Ukraine.

“The Biden administration’s decision to sidestep the Constitution and the Senate’s role in treaty ratification is unacceptable,” said Sen. Lee. 

“This agreement not only circumvents the Constitution but also ties the hands of future administrations. Such significant commitments must be subject to thorough scrutiny by the Senate.”

Section two of Article II in the U.S. Constitution, also known as the Treaty Clause, states that the President must have at least two-thirds of the Senate present and in agreement with the proposed treaty. The Senate can approve or disapprove of the treaty and add conditions.

The agreement with Ukraine was reached as an executive agreement, and Senators Lee and Paul contest that this form of agreement “carries no legal weight absent an Act of Congress.”

Senators Lee and Paul also argue that the agreement with Ukraine will also serve as a “backdoor into NATO membership for Ukraine.” Ukraine has been working towards NATO membership since 2008, and any admittance to the alliance would need approval from all 32 member countries.

“President Biden’s bilateral security agreement with Ukraine commits America to yet another endless war,” said Sen. Paul.

“This deal risks entrapping future administrations to a prolonged military engagement without a clear exit strategy or sufficient burden-sharing from our European allies. We must prioritize American interests and avoid endless foreign entanglements.”

In the signed agreement, which will last for 10 years, the Biden Administration pledges to continue to build and maintain Ukraine’s defense and deterrence capabilities; strengthen Ukraine’s abilities to sustain a long-term fight; accelerate Ukraine’s accession to the European Union and NATO; as well as “consult in the event of a future Russian armed attack against Ukraine at the highest levels to determine appropriate and necessary measures to support Ukraine and impose costs on Russia.”

The agreement between the U.S. and Ukraine also commits the U.S. to Ukrainian support until ‘‘its sovereignty and territorial integrity are fully restored.”

If the Senators’ resolution is passed, the U.S. will not enter into a mutual agreement to provide security guarantees or long-term security assistance to Ukraine, as well as nullify the current agreement until it is submitted to the Senate for ratification consistent with the requirements of the Treaty Clause of the Constitution.

Lastly, the two Senators want to make it clear that the security agreement will not recognize the deal as “a bridge to Ukraine’s membership” into NATO.