The Washington PostDemocracy Dies in Darkness

Opinion A foreign policy maven who defied Democratic presidents is retiring

Sen. Ben Cardin (D-Md.) in 2018. (Katherine Frey/The Washington Post)
7 min

In a body where few members ever want to give up their seat voluntarily, Sen. Ben Cardin (D-Md.) announced Monday that more than five decades of public service was enough.

“Reelection looks like it would be a relatively easy situation,” he said in a wide-ranging conversation. “No one is nipping at my heels.” By the end of his term in 2024, he will have served for 58 years in state and federal office. Despite encouragement to run again, “I had to recognize the decision I’m making is not a two-year decision; it’s an eight-year decision.” He then uttered the words so rarely heard from senators: “There’s more to life than being an elected official.”

Cardin is what they used to call a Scoop Jackson Democrat: progressive on civil rights and economics and hawkish on the United States’ role in the world. He is also the rare politician who stood up to presidents of his own party on matters of principle. In fact, he did it three times in the past dozen years.

The first concerned perhaps his greatest accomplishment: the Magnitsky Act, which allows the United States (and other countries that adopted similar measures) to sanction individuals up and down the chain of command responsible for human rights violations. “I am extremely proud of that achievement,” he said. “What I was trying to do was advance human rights.” After getting involved in the Helsinki Commission as a member of the House, he continued to focus on human rights, especially regarding Russia.

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When he got to the Senate and chaired the Helsinki Commission, the Sergei Magnitsky issue came to his attention. Keeping with his view that it is critical to “put a face on human rights,” he championed Magnitsky. After Magnitsky was killed, “it took off,” he said.

It’s one thing to sanction a country, but if you can sanction an individual government official – you “can’t keep your money in another country and can’t send your kid to a school” overseas – “that’s a personal penalty.” He said candidly that the Obama administration did not want the bill to pass, resisting legislative branch interference with the executive branch’s prerogatives in foreign policy. Cardin persisted. He cites as evidence the Magnitsky Act has worked that foreign officials “have hired lawyers to stay off the list” and that other countries have adopted similar laws.

Cardin again found himself in disagreement with the White House when it came to Saudi Arabia and the murder of Post columnist Jamal Khashoggi. Cardin said it was a “disappointment” that the Biden administration did not directly sanction Crown Prince Mohammed bin Salman. Cardin said, “We clearly know the crown prince was involved. It was appropriate to take sanctions against the crown prince.” He argued that Magnitsky sanctions don’t mean we “can’t do other things together.” After all, Magnitsky was designed not only to take on the immediate perpetrators but also “the facilitators and those who call the shots.” He pointed out that Saudi Arabia is not an “ally” but rather a “strategic partnership.”

Cardin also opposed the Obama administration on Iran. He objected to the sunset provisions in the 2015 Iran nuclear deal and to the failure to tackle other issues, such as Iran’s ballistic program and human rights. Nevertheless, he worked closely with Senate Foreign Relations Committee Chairman Bob Corker (R-Tenn.) – “one of the most honorable, policy-driven members I’ve ever met” – to get congressional input. After the Senate required consultation and slowed the process, he said, “the United States developed a much better product. ... It was a lot stronger than it was when I started negotiations.”

Fast forward to President Donald Trump. “Iran was in compliance with the agreement, and the United States pulling out of the agreement meant we were the violators, not them,” Cardin said. “It isolated the United States, not Iran.” He stressed the decision made “no sense” considering the agreement had kept Iran a year away from nuclear capability. “Donald Trump in his normal style just makes arbitrary decisions. It was a huge mistake, one of the worst foreign policy mistakes.” In his mind, “It was an easy decision.”

Interestingly, he said, Iran isn’t developing a nuclear weapon “immediately,” probably because it fears a strike from Israel. Despite the current “equilibrium,” something could certainly change.

On Ukraine aid, he said, “I’m confident in the Senate [Republicans]. I don’t have the same confidence about Republicans in the House. I don’t know what makes House Republicans tick on foreign policy.” Whether “dealing with democracy building, dealing with anti-corruption, dealing with basic human rights, health care and education,” he said, a segment of Republicans don’t want to engage internationally. Rather than overt support for Russian President Vladimir Putin, Cardin is most concerned about creeping isolationism. “It is frightening to see this growing trend.” He still hears support around the country for Ukraine. Though it can be challenging to keep the public’s attention, the 14 to 15 months of solidarity with Ukraine, he joked, “may establish a record."

Cardin has been among Israel’s staunchest supporters over decades but recently spoke up to criticize Prime Minister Benjamin Netanyahu’s judicial “reform.” Cardin told me, “I love the United States of America, and I am pretty critical of some of its governmental policies. So my love I have for Israel isn’t affected by policies I strongly disagree with.” He added that some of the members of the Netanyahu government “shouldn’t be in public office.” He considers Israel a “strong democracy” and thinks the unprecedented demonstrations are having an effect on the government.

When it comes to China, Cardin believes the administration has been effective in pushing through measures such as the Chips and Science Act (“a game changer,” he said), the bipartisan infrastructure bill and the Inflation Reduction Act, which make us more competitive and give us “supply chain security.” He warned: “The problem is [the Chinese] don’t play according to established international rules.” He pointed to China’s “investment” in other countries, which buys economic loyalty. China’s determination to become an international military power, he argued, makes it a much more serious long-term threat to the United States than Russia.

Cardin is adamant that the Supreme Court needs a mandatory ethics code. He didn’t hide his disgust with Justice Clarence Thomas’s failure to disclose gifts from Dallas real estate mogul Harlan Crow and financial dealings with the GOP megadonor. Thomas “knew it was wrong. ... These are not people who are his friends. They’re friends with him because he’s a Supreme Court justice!” Congress should act, Cardin said, because he’s not sure “the court is capable of handling this.”

We ended our conversation on Dobbs v. Jackson Women’s Health Organization, which clearly raises his ire. He said it will be seen as another Dred Scott decision. “That’s how bad it is. A 50-year right taken away?” He added, “The Supreme Court tells women that you’re beholden to legislators? ... It will go down as one of the worst decisions of the Supreme Court ever.”

Cardin’s retirement will leave the Senate without one of its sturdiest foreign policy figures, a stalwart on human rights. But in making way for a new generation, he is providing one more service to the country he has devoted his life to serving.

Note to readers: I will be on vacation, returning on Wednesday, May 17 with my weekly chat.

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