CNN "CNN Newsroom" - Transcript: Rep. John Garamendi (D- CA) is Interviewed about War Powers Vote

Interview

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HARLOW: All right, welcome back.

Right now House lawmakers are gearing up to vote on a resolution that would limit the president's power for military action against Iran. House Speaker Nancy Pelosi is pushing for that vote to happen today. This is after lawmakers in both chambers received a briefing. With me now is Democratic Congressman John Garamendi. He serves on the Armed Services Committee.

Sir, thank you for being here.

Given the briefing, and I know some of it you can't share because there are parts that are classified, but given what you learned, what do you think the appropriate U.S. response to Iran would be?

REP. JOHN GARAMENDI (D-CA): Well, we are -- first of all, where we are after these incidents, tit-for-tat, escalation along the way and now, fortunately, de-escalation.

What we need to do now is to really stand back and develop a long term strategy with regard to Iran. That strategy that was put in place by the Obama administration, the joint -- JCPOA was disrupted, basically torn apart by Trump. We need to go back and try to figure out how to re-engage with Iran on the nuclear issue and on the other issues which need to be addressed. The missile issues, the disruption that Iran is doing. That requires engagement. That requires that we not march to war but rather back away from it.

HARLOW: Lest people forget, it is Congress, and Congress alone --

GARAMENDI: Right.

HARLOW: That has the authority to declare war.

GARAMENDI: Right.

HARLOW: Republican Senator Rand Paul called the briefing that they got, which I think is very similar to the briefing that you guys got, quote, an insult to the Constitution. Republican Senator Mike Lee says that, quote, I walked out without answers and being told that we shouldn't debate because it might be harmful.

Were you told that you shouldn't debate or ask too many questions because it might harm the United States?

GARAMENDI: We were not told that, but we were clearly told that they have it under control. The administration knows exactly what it's doing, and is obeying the law.

The fact of the matter is, that is not the case. It is certainly not under control. There's clear evidence that they don't know what they're doing. And there's also further evidence that they did not obey the law, that they were acting beyond the scope of power given to them. So here's what we --

HARLOW: On a legal ground, what is that evidence?

GARAMENDI: Yes. Well, the evidence -- they presented no evidence that there was an imminent threat.

HARLOW: Well, they're breaking the law, sir, because I mean you're essentially saying here the administration broke the law. GARAMENDI: Well, they used the 2003 or 2002 authorization to use force

against Saddam Hussein as one of the two factors. The other factor was an imminent threat. They were unable to present any evidence of an imminent threat. And, secondly, the 2002-03 AUMF, authorization to use force against Saddam Hussein, is totally irrelevant to today's situation with Iran.

[09:45:04]

So that's where I'm saying is with regard to that.

Now, what we intend to do today is to make it clear that they do not have authority to go to war with Iran to take further military action against Iran until they come to Congress and say, here's what we need to do and ask Congress for the authority to do it.

HARLOW: The real question becomes, can you get a veto-proof majority in the Senate for that? Even on the, you know, the Saudi intervention in Yamen resolution last year you had Republican support in the Senate but you didn't have a veto-proof majority.

GARAMENDI: Sure.

HARLOW: Let me ask you about the vote today.

GARAMENDI: Yes.

HARLOW: Your fellow congresswoman on the House Armed Services Committee, Liz Cheney, says this. Quote, the war powers resolution introduced by Rep. Slotkin dishonors every member of American armed forces by equating Iranian attacks against our men and women in uniform with U.S. action to kill the world's deadliest terrorists. She calls it a disgrace.

You serve with her. What is your response?

GARAMENDI: Yes. Well, she's wrong. Her dad was wrong to get us into the Iraq War. And it's just plain incorrect.

The fact of the matter is, that it is our responsibility. The 535 members of Congress in the Senate that must act to engage in a war. The president's action to take out a very, very bad, evil person, General Soleimani, was without legal authority.

Now, where do we go from there? We go to reassert our power and to re- establish what the founding members of this government way back in the Constitution understood, and that is that a single person, the president, should not engage the United States in a war that it is so important, war so important, that it requires the Congress, the representatives of the people, to make the decision to enter into a war.

Fortunately, we are -- we've seen a de-escalation, both by Iran and by the United States, by the Trump administration, giving a pause, hopefully a long pause, and an opportunity for us and the American people to say, all right, it's so important that we will go to war with Iran or it is not and we will not enter into a war. That's our responsibility.

HARLOW: Congressman, I have 20 seconds left.

GARAMENDI: Sure.

HARLOW: We are hearing growing -- a growing chorus in your caucus from Democrats saying it's time for Speaker Pelosi to hand over the articles of impeachment. Is it time for Speaker Pelosi to hand them over to the Senate?

GARAMENDI: No. The speaker is absolutely correct. She needs to understand, we need to understand and, frankly, we need to use every lever that we have available to us to force the Senate to do a real trial, not a cover-up.

HARLOW: Congressman Garamendi, appreciate your time, as always. Thanks very much.

GARAMENDI: Thank you.

SCIUTTO: Important conversation there.

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