Hearing of the House Judiciary Committee - Opening Statement of Rep. Goodlatte, Hearing on "Executive Overreach in Foreign Affairs"

Hearing

Thank you, Chairman King, for convening this third hearing of the Task Force on Executive Overreach, this one focusing on executive overreach in foreign policy.

I'll focus my remarks on the recent deal the President struck with Iran on its nuclear capability, a deal that primarily meets Iran's goals -- in that sanctions are lifted, nuclear research and development continues, and America's safety is compromised -- but doesn't include any requirements for inspections that can verify compliance anytime and anywhere. Amazingly, among the deal's many flaws is an end to a ban prohibiting Iranians from coming to the U.S. to study nuclear science and nuclear engineering at American universities. Knowledge obtained in these programs is instrumental in being able to design and build nuclear bombs.

President Obama made these gutting concessions even as a senior State Department official testified before Congress that "deception is part of [Iran's] DNA" and Iran's actions continue to prove that it can't be trusted.

With that background in mind, President Obama's agreement with Iran is being unlawfully implemented because the Administration failed to provide Congress with the documents required under the Iran Nuclear Agreement Review Act of 2015. Under that Act, the agreement materials required to be submitted by the President to Congress -- quote -- "includ[e] … any additional materials related thereto, including annexes, appendices, codicils, side agreements, implementing materials, documents, and guidance, technical or other understandings, and any related agreements, whether entered into or implemented prior to the agreement or to be entered into or implemented in the future." Because the President has not transmitted to Congress various side-deals related to the agreement, including side-deals between the International Atomic Energy Agency and Iran, he can't have Congress' approval of the agreement as required by the Iran Nuclear Agreement Review Act. Yet the President pushes on, unlawfully, with his doomed agreement that can't protect Americans from a nuclear Iran.

President Obama is unfortunately no stranger to bad deals. Two years ago, this Administration negotiated with the Taliban for the release of Sergeant Bowe Bergdahl, a deserter who awaits court-martial. Despite having a policy of not negotiating with terrorists, the Administration irresponsibly exchanged Sgt. Bergdahl for five Taliban terrorists detained at Guantanamo Bay.

By so doing, the Administration has emboldened all terrorist organizations and has created the risk that five terrorists will reenter the field of battle. Making matters even worse, the President violated federal law in the process, namely the federal law requiring 30-days' notice to Congress before the release of any terrorist prisoners from Guantanamo Bay. The nonpartisan Government Accountability Office concluded that was a violation of a -- quote -- "clear and unambiguous law." The GAO also concluded the President's actions constituted a violation of the Antideficiency Act, which prohibits federal agencies from spending funds "in excess or in advance of amounts that are legally available."

The Constitution does not and cannot require that Presidents make sound decisions in office. But it does require that Presidents obey the law. The President is sworn to do as much, as are we as Members of Congress.

I look forward to hearing from all our witnesses today.

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