Judith Kratochvil

The Graham Principle: American Values and the Rule of Law

In Lindsey Graham, National Security, Values on July 15, 2006 at 8:37 pm

We have been fighting a battle with terrorists since 9/11/2001 and Sen. Graham has been consistent in his crusade to have us fight the war according to the principles that have made this country great: justice and the rule of law. These values are the most important, especially in a time of war. Lindsey is not only a Senator leading the charge for legal military tribunals but is appearantly fighting for the interests of the Judge Advocate General Corps and the military that has allowed him to earn his degrees and support his sister so she could get her college degree.

He was indignant after the Abu Ghraib scandal broke in the media. He was not about to let us look like our enemy because we would lose the moral highground. He even told Attorney General Alberto Gonzales during a hearing that the way we fight the war on terror is about us and not them. He supported the Detainee Treatment Act which banned “cruel, inhuman, and degrading treatment” of detainees. He also said that we needed to follow the rule of law in treatment of the terror suspects.

Currently he is fighting for congress to approve a bill that would create military commissions that would be modeled on the Uniform Code of Military Justice. This is in the face of criticism from conservative commentators that he is the leader in the “terrorist rights” mmovement. No, he is just trying to put the rule of law in its proper place with regard to this battle.

Another example of his commitment to the rule of law and proper treatement of detainees is blocking the nomination of William James Haynes III for the 4th Circuit of Appeals. His opposition to the nominee is based on sound law, timeless values, and immutable principles. We do not torture, the Defense Department General Counsel should protect the interests of the Defense Department, and above all else the Judge Advocates should have an imput into detention and trial policy because they are the experts and not the political appointees. Most of the pertinent question comes from the JAG memos,a working group report that voiced concerns over the policies being promulgated by the Justice Department and supported by the Defense Department.

He is also placing language in a defense authorization bill that would grant the top Judge Advocate in each branch of the service a thid star and therefore place them on equal footing with some of the executive civillian employees. He has also written a bill that woul place the civilian contractors working with the military in the military chain of comand. These initiatives are both in resistance to the administration.

He has shown his willingness to protect our military members, follow the rule of law, and live by American values and this is what makes him special.

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