Wes Hickman (202-224-5972) or Kevin Bishop (864-250-1417)

WASHINGTON, DC –U.S. Senators John McCain (R-AZ) and Lindsey Graham (R-SC) today released the following statement about the nomination of Judge Michael Mukasey as U.S. Attorney General:

“After carefully reviewing Judge Mukasey’s answers to the questions submitted to him by Senate Judiciary Committee members, we plan to support his nomination.

“We welcome Judge Mukasey’s acknowledgement in a letter yesterday that the interrogation technique known as waterboarding is ‘over the line’ and ‘repugnant,’ and we appreciate his recognition that Congress possesses the authority to ban interrogation techniques.  Mr. Mukasey declined to comment specifically on the legality of waterboarding, deeming it a hypothetical scenario about which it would be imprudent to opine.  Once he is confirmed, however, we strongly urge that he publicly make clear that waterboarding is illegal and can never be employed.

“In fact, Administration officials have stated as much.  Waterboarding is clearly outlawed by several statutes, including both the Detainee Treatment Act and the 2006 Military Commissions Act (MCA).  The MCA, for example, specifically prohibits acts that inflict ‘serious and non-transitory mental harm’ that ‘need not be prolonged.’  Staging a mock execution by inducing the misperception of drowning is a clear violation of this standard.  For this reason, during the negotiations that led to the MCA, we were personally assured by Administration officials that this language, which applies to all agencies of the U.S. Government, prohibits waterboarding. We share Judge Mukasey’s revulsion at the use of waterboarding and we welcome his commitment to further review its legality once confirmed.  We expect that he will reach the same conclusion.

“We are particularly pleased that in his responses yesterday Judge Mukasey exhibited mainstream legal views on constitutional checks and balances.  He stated that the President cannot waive congressionally mandated restrictions on interrogation techniques, including those included in the ‘McCain Amendment’ and the Military Commissions Act.  This is a particularly important conclusion given that, under these laws, anyone who engages in waterboarding, on behalf of any U.S. government agency, puts himself at risk of civil liability and criminal prosecution.  

“The President has selected a consensus nominee for the important post of Attorney General.  Judge Mukasey has a reputation as a rigorous, independent thinker, and we are pleased to offer him our support.  We hope that our colleagues will join us in voting for confirmation.”

###

WASHINGTON, DC –U.S. Senators John McCain (R-AZ), John Warner (R-VA) and Lindsey Graham (R-SC) today acknowledged Judge Michael Mukasey’s remarks about the legality of an interrogation technique referred to as “waterboarding” in a letter of response to the Attorney General nominee.  The letter reads as follows: 

"We welcome your acknowledgement in yesterday’s letter that the interrogation technique known as waterboarding is "over the line” and “repugnant," and we appreciate your recognition that Congress possesses the authority to ban interrogation techniques.  These are important statements, and we expect that they will inform your views as Attorney General.  We also expect that, in that role, you will not permit the use of such a practice by any agency of the United States Government. 

"You have declined to comment specifically on the legality of waterboarding, deeming it a hypothetical scenario about which it would be imprudent to opine.  Should you be confirmed, however, you will soon be required to make determinations regarding the legality of interrogation techniques that are anything but hypothetical.  Should this technique come before you for review, we urge that you take that opportunity to declare waterboarding illegal.

"Waterboarding, under any circumstances, represents a clear violation of U.S. law.  In 2005, the President signed into law a prohibition on cruel, inhuman, and degrading treatment as those terms are understood under the standards of the U.S. Constitution.  There was at that time a debate over the way in which the Administration was likely to interpret these prohibitions.  We stated then our strong belief that a fair reading of the "McCain Amendment" outlaws waterboarding and other extreme techniques.  It is, or should be, beyond dispute that waterboarding “shocks the conscience.”   

"It is also incontestable that waterboarding is outlawed by the 2006 Military Commissions Act (MCA), and it was the clear intent of Congress to prohibit the practice.  As the authors of the statute, we would note that the MCA enumerates grave breaches of Common Article 3 of the Geneva Conventions that constitute offenses under the War Crimes Act.  Among these is an explicit prohibition on acts that inflict "serious and non-transitory mental harm,” which the MCA states (but your letter omits) “need not be prolonged."  Staging a mock execution by inducing the misperception of drowning is a clear violation of this standard.  Indeed, during the negotiations, we were personally assured by Administration officials that this language, which applies to all agencies of the U.S. Government, prohibited waterboarding. 

"We share your revulsion at the use of waterboarding and welcome your commitment to review existing legal memoranda covering interrogations and their consistency with current law.  It is vital that you do so, as anyone who engages in this practice, on behalf of any U.S. government agency, puts himself at risk of criminal prosecution, including under the War Crimes Act, and opens himself to civil liability as well. 

"We must wage and win the war on terror, but doing so is fully compatible with fidelity to our laws and deepest values.  Once you are confirmed and fully briefed on the relevant programs and legal analyses, we urge you to publicly make clear that waterboarding can never be employed. "  

###

Wes Hickman (202-224-5972) or Kevin Bishop (864-250-1417)

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today said he backed the new sanctions on Iran announced today by Secretary of State Condoleezza Rice and Treasury Secretary Henry M. Paulson Jr.

He made this statement:

“I strongly support the Administration’s efforts to impose tough new economic sanctions on Iran.  The designation of the Iranian Revolutionary Guard Corps as a proliferator of weapons of mass destruction and the Quds Force as a supporter of terrorism are certainly justified and necessary. 

“I hope the sanctions announced today will help deliver the desired results when it comes to curbing Iran’s nuclear desires.  The entire free world should join in our effort and view this as an opportunity for the international community to step up to the plate.  Russia could play a key role in this endeavor if they choose to act and I believe a coordinated international campaign could provide positive results. 

“At the end of the day though, the Iranian nuclear desires must be contained.  Iran is not interested in the production of peaceful nuclear power, but the production of weapons-grade nuclear materials.  We must keep all options on the table when dealing with this dangerous Iranian regime.” 

#####

Wes Hickman (202-224-5972) or Kevin Bishop (864-250-1417)

WASHINGTON – U.S. Senator Lindsey Graham (R-South Carolina) today voted in support of confirming President Bush’s nominee, Judge Leslie Southwick, to the 5th Circuit Court of Appeals and criticized the cloture votes of Senators Hillary Clinton (D-New York) and Barack Obama (D-Illinois), both of whom are running to be President.
 
The 5th Circuit covers the states of Texas, Louisiana, and Mississippi .  Southwick was confirmed by a vote of 59-38.
 
“Judge Southwick was an unusually well-qualified candidate by any standard,” said Graham.  “He has the humanity, intellect, and judicial demeanor you want in someone serving on the federal bench.  I think he was one of the most qualified judicial candidates to come before the Senate.”
 
Graham noted Judge Southwick has compiled a long and distinguished record of service including service as a member of the Mississippi Court of Appeals from 1995 to December 2006 and service in Iraq as a member of the Mississippi National Guard’s 155th Brigade Combat Team.
 
On a speech on the Senate floor, Graham noted Judge Southwick received the highest qualified rating from the American Bar Association and comes highly recommended from those who have worked with him.  Graham also termed the arguments used by opponents to derail the nomination of Southwick as “political garbage.”

“People who have worked with and know Judge Southwick the best have nothing but glowing things to say about him,” said Graham.  “The attacks which were manufactured against him equate to the worst in politics today.  Judge Southwick was a highly qualified nominee and I was proud to vote in support of his confirmation to the federal bench.  He will serve with honor and distinction.”
 
Graham also noted Senators Clinton and Obama, the two leading Democrats running for President both voted against cloture – the procedure by which the Senate can vote to place a time limit on consideration of a bill or other matter and thereby overcome a filibuster -- on Judge Southwick.
 
“What will these Senators ask and expect if they get to be President and send judicial nominees to the Senate?” questioned Graham.  “They will want straight up-or-down votes on their nominees.  Will the Senate be able or should they even expect the Senate to rise above the example they set today?”
 
“Their willingness to participate in a filibuster denying cloture on Judge Southwick shows a lack of vision and leadership,” said Graham.  “Their desire to pander to the hard left has overcome their appreciation for what would happen to the judiciary, the country, and yes, even the Presidency, if every Senator followed their example.”
 
#####