Secretary of State Marco Rubio was pressed Tuesday over the Trump administration’s refusal to grant lawmakers access to an official government memo on the U.S. war against Iran, one that Sen. Tim Kaine (D-VA) suspected may have “something in there you don’t want us to see.”
Rubio testified Tuesday before the Senate Foreign Relations Committee, his first appearance before the body since the war against Iran was launched in late February. Kaine, a member of the committee, asked Rubio why the Trump administration has, to date, refused to share with lawmakers the written opinion from the Office of Legal Counsel (OLC) on the war against Iran, despite having done so for other recent conflicts.
“We can agree with it or not, but the administration presented a legal opinion from the [Justice Department on Operation Southern Spear] that we could review. Absolute Resolve, the effort against [Venezuelan President Nicolás] Maduro, the administration presented a legal rationale that we could review,” Kaine said.
“Now, we could review both in classified, they’ve not been made public. We’re 92 days into a war against Iran and the administration will not let Congress look at the OLC legal opinion justifying the war.”
Kaine pressed Rubio for answers given the $1.5 trillion defense spending request Congress is being asked to approve, a request that represents an approximate 40% increase of the previous year’s defense spending. He also argued that the Trump administration’s hesitancy to share the OLC opinion on the war against Iran gave lawmakers cause for concern.
“Mr. Secretary, you know what kind of thinking we do. If you showed us the legal rationale for two wars and you won’t show us the legal rationale for the third… is there something in the rationale they don’t want us to see?” Kaine said.
“Is there a dissenting opinion that says it’s not legal? Are there conditions like you can’t strike civilian infrastructure like schools and bridges? Are there factual assertions like the war will be over in two days, or Iran will never close the Strait of Hormuz? By not sharing the legal opinion, you give us the opinion that there’s something in there that you don’t want us to see.”
Kaine then asked Rubio if he would use his “influence” in the administration to press for the OLC legal opinion to be shared with lawmakers.
“I can certainly inquire as to why it has not been available,” Rubio said before stumbling his words. “I don’t think there’s a reason why… I… I am not aware that… I’m – in fact, my understanding is that they have provided documentation to the committee.”
Kaine interjected, clarifying that the Trump administration had provided “documentation” to lawmakers but not the OLC legal opinion. Kaine also asserted that Rubio, as a former U.S. senator himself, would “not accept” being denied access to a critical government memo.
“Alright, well let me take that back and ask the Office of Legal Counsel,” Rubio conceded. “I’ll take that back.”
“You give us the opinion that there’s something in there that you don’t want us to see.” Sen. @timkaine presses SOS @marcorubio on why the OLC legal opinion on the Iran war has not been shared with lawmakers. “Is there a dissenting opinion that says it’s not legal?” pic.twitter.com/vPnGdRufdL — Alexander Willis (@ReporterWillis) June 2, 2026
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