Sen. Chris Coons, a Delaware Democrat, reminded Rubio that the purpose of congressional oversight is to “encourage, if necessary to compel, consultation between the administration and Congress.”
“Of course, the commander in chief has, under Article II, the power to defend the American people against an imminent threat, or an incoming attack. How else could we be kept safe,” Coons said. “But our Article I power requires consultation.”
Coons called the Maduro capture “flawlessly executed,” but also said that it was a “dangerous and high risk maneuver.”
“I am glad that it ended as well as it possibly could,” Coons said. “But the point here, that I want to make first, is that it was rehearsed for months.”
Coons emphasized, “if there was time to practice, there was time to consult.”
Rubio acknowledged that consultation with Congress has been a “point of tension” in this administration and others. But he argued that “this is a very unique situation that we faced here.”
“The truth of the matter is that this mission could not have been briefed to Congress because it wasn’t even in the realm of possible until very late in December, when all of our efforts to negotiate with Maduro had failed, and the president was finally presented these options that made these decision,” Rubio said.
Rubio added, “it was also a trigger-based operation. It may never have happened. It required a number of factors to all align at the right place, at the right time, in a very limited window.”
He said despite the efforts to keep the mission “quite constrained,” it was ultimately leaked by a Pentagon contractor. And had it been published, he said lives would have been endangered or the ability to carry out the mission forfeited.
“This is a real tension and one that I’m doing the best that I can to manage,” Rubio said.
Coons responded that “the Gang of Eight has never leaked.”
“It is critical that you consult with Congress,” Coons said. “For us to be safe our allies have to trust us, and for this committee to do our work, we have to trust you.”