I am extraordinarily disappointed that the Elian Gonzalez subpoena was reported from this Committee, and I can only hope that the majority’s representation that we will have the opportunity to revisit this issue is more reliable than its repeated representations that this subpoena would not be considered at today’s executive business meeting. Instead of adhering to those representations, the Chairman today managed to bring the subpoena up for our consideration without the other members of this Committee even realizing it. Indeed, it was only because the majority had told the minority in no uncertain terms that the subpoena would not be considered today that the minority members of the Committee were lulled into not realizing until it was too late that the Chairman had quickly sought approval for and obtained the subpoena. No voice or roll-call vote was taken on the issue, in contrast to our standard practice in considering subpoenas for the Executive Branch on both the Elian Gonzalez matter and this Committee’s other “investigations.”

This subpoena is entirely unnecessary, both because the State Department is cooperating fully with this Committee and because there is no reason to believe that the State Department possesses any documents that are even relevant to the law enforcement operation that is the subject of the Committee’s inquiry.

The history of this subpoena request offers little reason for confidence. The threat of a subpoena was originally 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 about 30 minutes before our June 8 executive business meeting, at a time when it is my understanding that no one from this Committee had even contacted the State Department.

Despite that inauspicious beginning, the State Department has been entirely receptive to working with this Committee to get it any requested information in a cooperative fashion. In addition, the State Department came the week before last to brief the Chairman’s and my staff, a briefing that I understand went a long way toward answering whatever questions this Committee may have had about the State Department’s involvement, if any, in the Justice Department’s operation to reunite Elian Gonzalez and his father. I also understand that the State Department has certified that it does not have any documents in its possession that are responsive to the subpoena on this week’s agenda. Furthermore, the Department has volunteered to provide additional documents that have been informally sought by members of this Committee, and is in the process of collecting such documents.

As I have said before, the extensive documentation that this Committee has already obtained has not revealed any evidence that the government acted improperly in any way in its handling of the Elian Gonzalez matter. In my view, reuniting Elian Gonzalez and his father was the legally and morally right thing to do, and I approve of the Administration’s handling of the matter. The American people seem to have reached the same conclusion as I have. I hope that we as a Committee can reach the conclusion that further hearings on the Elian Gonzalez matter will be counterproductive and should be avoided.