Tim Kaine Tussles With Marco Rubio Over Iran War Justification: ‘Something in the Rationale They Don’t Want Us to See?’

Senator Tim Kaine (D-VA) sparred with Secretary of State (among other roles) Marco Rubio during a Capitol Hill hearing on Tuesday over documents related to the ongoing war in Iran.

It all went down as Rubio faced the Senate Foreign Relations Committee for a hearing on the State Department’s budget.

After quizzing Rubio on boat strikes associated with Operation Southern Spear, Kaine turned to the Iran conflict, asking why he and fellow senators have not yet seen an Office of Legal Counsel (OLC) opinion on a justification for the war.

“We’re 92 days into what war against Iran, and the administration will not let Congress look at the OLC legal opinion justifying the war,” Kaine told Rubio. “Intel committee members, SFRC members, Armed Services Committee members, rank-and-file members, the administration will not make it available to us.”

He added: “If you showed us the legal rationale for two wars and you won’t show us the legal rationale for the third, hmm, is there something in the rationale they don’t want us to see?”

Rubio responded first by saying that his State Department would not be responsible for the release of such a document. Kaine then asked Rubio why he couldn’t “use your influence” to urge the office to release it.

Read the exchange below:

SEN. TIM KAINE: We’re 92 days into what war against Iran, and the administration will not let Congress look at the OLC legal opinion justifying the war. Intel committee members, SFRC members, Armed Services Committee members, rank-and-file members, the administration will not make it available to us. Now, you can imagine A) we’re the oversight committee, B) you’re here asking for a budget and in the Armed Services Committee they are asking for $1.5 trillion, an increase of 40% of last year’s budget, but won’t let us see the legal opinion. And Mr. Secretary, you know what kind of thinking we do. If you showed us the legal rationale for two wars and you won’t show us the legal rationale for the third, hmm, is there something in the rationale they don’t want us to see? Is there a dissenting opinion that says it’s not legal? Are there conditions like you can’t strike civilian infrastructure like schools and bridges? Are there factual assertions like the war will be over in two days or Iran will never close the Strait of Hormuz? By not sharing the legal opinion with the Article I oversight branch, you give us the opinion that there’s something in there you don’t want us to see. Could you use your influence as the president’s chief national security adviser, secretary of state, NSA, to get the administration to share the Iran war legal opinion with Congress?

MARCO RUBIO: Well, look, first of all, obviously the Department of State does not develop the legal opinion.

KAINE: But you’re the chief national-

RUBIO: So I think what you’re asking is, why haven’t the Office of Legal Counsel provided it? They don’t work for the national security counsel and they don’t work for me.

KAINE: I’m actually asking, will you use your influence?

RUBIO: Here’s what I will do, I can certainly inquire as to why it has not been available. I don’t think there’s a reason why- I’m not aware, in fact my understanding is they have provided documentation to the committee-

KAINE: Not the opinion, and you wouldn’t accept that.

RUBIO: Let me take that back and ask the office of legal counsel. They have provided the legal rationale for the strike. You’re asking for the written opinion the way it was-

KAINE: Which they provided us in a Southern Spear and Absolute Resolve.

RUBIO: I’ll take that back.

Watch above via C-SPAN3.

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