Fox News - Transcript

Interview

Fox News - Transcript

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JON SCOTT: Here's what's happening now in Washington. A big vote from a Senate panel approving the embattled nomination of the president -- the nominee of the president for the next attorney general.

MS. SKINNER: Michael Mukasey is his name. His confirmation process hit basically a rough patch several days ago over his refusal to state on the record whether the controversial interrogation tactic known as waterboarding is illegal. Now, Mukasey's nomination passed out of committee this morning, heads to the full Senate.

With us now is South Carolina Senator Lindsey Graham, a member of the Senate Judiciary Committee, also Senate Armed Services Committee. Senator, good to see you.

SEN. GRAHAM: Good morning. Good morning.

MS. SKINNER: Let's look forward a little bit and just establish, for the record, you believe he will be confirmed in the full Senate?

SEN. GRAHAM: Yeah, I think he'll get north of 60 votes. Yeah.

MS. SKINNER: You had asked directly for Judge Mukasey to answer this question about whether waterboarding was illegal or not. He did not do that on the record. Through the process, though, it sounds like you became comfortable with him at some point. Do you think he'll do it after he's confirmed?

SEN. GRAHAM: I hope so. I feel very comfortable with Judge Mukasey in terms of his intellect, his independence, his knowledge of the law. He's been a judge on some of the most high-profile terrorism cases.

When it comes to waterboarding, he said he found that the technique, as described to him, repugnant, but he would reserve to pass judgement until he gets the facts. And then he would apply the facts, as presented to him, to the law.

I thought that his answer was solid, that he has a mainstream view of how you apply the law, that he does feel the executive is bound by the Geneva Convention and other enactments regarding detainee treatment, and he will apply facts against those laws that he find to be -- that he finds to be valid. So that was good enough for me. I think he's a great choice and he'll get confirmed.

MS. SKINNER: And, Senator, if the judge is confirmed he doesn't have a lot of time to get things done, just a little over a year.

SEN. GRAHAM: Yeah.

MS. SKINNER: What's at the top of the list, if you were him?

SEN. GRAHAM: Taking a department that's rudderless and giving it some direction: getting these investigations done, coming up with some great guidance -- good guidance -- on how we proceed forward on the war on terror, restoring morale of the U.S. attorneys and Department of Justice personnel. Trying to get it moving again, that's his first challenge.

MS. SKINNER: That's a full plate. Is it possible to get that done in Washington in a year's time?

SEN. GRAHAM: Absolutely. Good leadership -- people respond very quickly to good leadership, and Judge Mukasey is a man of the law. He represents the best in the law, an outstanding choice for President Bush.

I think he will rally the department. We need a leader in the Department of Justice now who understands we're at war, but also understands that we're a country of values and we're trying to separate ourselves from our enemy. And I think he'll be a guy that can do that.

MS. SKINNER: You know, on both sides of the aisle, Senator, as you know well, Judge Mukasey is revered as being a very well-qualified -- almost over-qualified -- guy for this position, and just a good guy, a guy you want in public service, a true patriot. For a time, his confirmation looked like it was in doubt. How did you find this process went for him? What did it say to you?

SEN. GRAHAM: Well, everything you said about the judge is clear from his life, from the life he's lived. The best way to find out about a judge or anybody who's practiced law is to ask folks who appear in front of him. There was not one dissenting voice coming from the Bar who had worked with Judge Mukasey. No one who's ever worked with him questioned his independence or integrity.

This issue about waterboarding is a legacy from the past attorney general. It is a problem our nation has been grappling with. It's not something of his making. I think he's the solution, not the problem.

There is no doubt in my mind, as being a military lawyer for 25 years, that waterboarding violates the Geneva Convention. Every military lawyer who's been asked this question comes up with the same answer. But he's the attorney general nominee. What he says matters a little bit more than what I say about the law. So I understand that he would not want to make a pronouncement until he understood all the facts.

But our nation has to come to grips with the fact that we're stronger than our enemy because we follow rules. We render justice, not vengeance, and I think Judge Mukasey understands that very well.

MS. SKINNER: Senator Lindsey Graham, Republican of South Carolina. Senator, thank you.

SEN. GRAHAM: Thank you.

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