I am glad to see that the Elian Gonzalez-related subpoena directed to the State Department will be passed over on this week’s agenda. I am disappointed, however, that the threat of a subpoena was leveled before any negotiations occurred between our Committee and the State Department to see whether relevant documents could be obtained voluntarily. Indeed, the Chairman indicated his intention to seek a subpoena at last week’s executive business meeting, at a time when it is my understanding that no one from this Committee had even contacted the State Department.

This Committee’s subpoena power is a critical one, and we should take special care not to abuse it. Our standard practice should be to issue subpoenas only when attempts to obtain documents by other means have failed. At a minimum, we should at least request documents in writing before attempting to compel their production.

Finally, I have said before – and I say again today – that this Committee should not belabor the Elian Gonzalez issue. I personally believe that the Administration handled this matter appropriately, and that reuniting Elian Gonzalez and his father was the legally and morally right thing to do. And I have not seen a shred of evidence that the government acted improperly in any way in its handling of the matter. But as I have also said many times before, the majority has every right to investigate this matter if it so desires. However, it should at least handle that investigation in a way that is consistent with this Committee’s procedures and principles. As part of this duty, the Committee should take every reasonable effort to see whether subpoenas are actually necessary before publicly requesting them.