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Home » Opinion » Commentary

Thursday, May 1, 2008

Splitting a constitutional nucleus

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The Constitution clearly articulates that Congress and the president are to be equal branches of government. The underlying assumption is that both would cooperate to ensure our nation's security, and do so with mutual respect.

Unfortunately, that has not always been the case. Regarding the current negotiations with the regime in North Korea to persuade it to abandon its nuclear weapons, the divide has rarely been greater. We regret to say the administration has deliberately attempted to sideline Congress in the fear that providing us with information about the North Korean regime's continuing lies and reckless behavior would undermine the current diplomatic approach.

Last October, we voiced our frustration regarding the administration's withholding from Congress information regarding a nuclear facility in Syria constructed with North Korean assistance. That facility fortunately was destroyed the previous month by an Israeli air strike, following which an almost total official silence was imposed.

Because this facility obviously had a direct bearing on the negotiations with North Korea, as well as on broader security issues, we believed it was crucial that all members of Congress be briefed as soon as possible so we could perform our constitutional responsibility to ensure the interests of the American people are protected.

However, the administration restricted its briefings to a handful of senior members of Congress, including the two of us, leaving in the dark the majority of those on the foreign relations and intelligence committees.

Last week, six months after we first called for Congress to be fully informed, the administration finally provided classified briefings to members of six House and Senate committees.

We were told the delay in providing Congress with information on the Israeli strike was due to national security concerns — obviously a belief that the sensitive information would find its way into the media.

However, following the long-postponed congressional briefings, the administration itself showed an unclassified video to the news media outlining how Syria had secretly built a nuclear facility to produce plutonium with North Korean assistance and how this facility was weeks away from becoming operational when it was destroyed. They were seemingly more at ease sharing the information with the media than with Congress.

It is apparent the administration was reluctantly briefing members of Congress in an effort to salvage its rapidly sinking policy, one we believe has been unfortunately influenced by the desire of some within the administration to create a "legacy" of denuclearizing North Korea before the end of President Bush's term.

We know from the Clinton administration — which ironically attempted to prop up its own legacy with a deal with North Korea shortly before Bill Clinton left office — that the corners cut and concessions made to secure last-minute agreements typically result in bad deals. U.S. concessions reportedly contemplated for a nuclear agreement with North Korea demonstrate this lesson has yet to be learned.

Those reportedly now under consideration include the immediate removal of North Korea from the U.S. list of state sponsors of terrorism. Yet, Pyongyang will not be required to fully declare and explain its assistance to the Syrian nuclear program or its uranium enrichment activities.

There also are worrisome signs this agreement will have little verification of the assurances on plutonium offered by a North Korean regime that has repeatedly demonstrated a propensity for lying.

One of Congress' basic responsibilities is to oversee the operations and actions of the Executive Branch. That includes foreign policy. The president has a similar responsibility to insist on vigorous verification of arms-control agreements. That is especially true for a state like North Korea, which has detonated a nuclear device and actively aided another rogue state's nuclear program.

The Bush administration's failure to fully brief Congress on North Korea and Syria has done more than jeopardize the relationship between our two branches of government. It has denied the administration the benefit of congressional support that could have ensured an agreement with North Korea that avoided needless risks, instead of one that may be rushed, ill-conceived, and dangerous.

Despite the administration's disregard for Congress, we will continue to do our duty and weigh any agreement presented to us on its merits. However, if the Bush administration hopes to achieve anything of worth in the balance of its term, it must take immediate steps to repair its relationship with Congress. We believe there is still time, and we stand ready to work with the President but as full partners to advance the interests of our nation.

Reps. Peter Hoekstra of Michigan and Ileana Ros-Lehtinen of Florida are, respectively, the senior Republican member of the House Permanent Select Committee on Intelligence, and of the House Foreign Affairs Committee.

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