FOX "On The Record" - Transcript
Interview
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MS. VAN SUSTEREN: Senator Lindsey Graham says releasing prisoner abuse photos is a death sentence for our troops. Senator Graham and Senator Joe Lieberman are threatening to shut down Congress if legislation is not passed that stops the release of these photos. Senator Lindsey Graham is here live in Washington.
How are you going to shut down the Senate? How are you going to shut it down?
SEN. GRAHAM: Well, let me put this in context, and you'll understand why I feel the way I do. There are some detainee abuse photos that are out there, that the American government has in their possession, that shows detainee abuse very similar to what happened at Abu Ghraib. And the ACLU filed a lawsuit to have these photos released. The 2nd Circuit ruled that they should be released. The administration appealed that ruling to the Supreme Court.
Initially, President Obama was going to support the release of the photos. I wrote a letter to him, along with Senator Lieberman, saying these photos will be used by our enemies to incite violence against our troops. He took that letter seriously. He called Generals Odierno and Petraeus, and they told him, Mr. President, if we release these detainee photos, we're not going to learn anything new about detainee abuse, but Baghdad will burn, according to Prime Minister Maliki. And all the commanders in the field have told the commander in chief that if these photos are released, al Qaeda will put them on websites all over the world, incite violence against American soldiers, and it would be a death sentence to some. And the president has changed his mind.
The Senate unanimously allowed Senator Lieberman and myself to put an amendment into the supplemental war funding bill that would be outcome determinative in court, that would allow the government to win at the Supreme Court on this issue. And the House, the progressive caucus, has been in revolt. And I'm now being told they've stripped that language because the fringe element of the House, the most liberal people in the House, are saying they won't vote for this supplemental bill to fund the war if these photos are protected from being released.
And I will do anything I can to make sure that the language that Senator Lieberman and I came up with, preventing these photos from being released, anything, shutting down the Senate, anything.
MS. VAN SUSTEREN: How do you shut it down?
SEN. GRAHAM: Well, you just stop everything from going. And let me just say, the Democratic leadership in the Senate was terrific.
MS. VAN SUSTEREN: They are with you on this.
SEN. GRAHAM: They did. We had --
MS. VAN SUSTEREN: So how do you do this?
SEN. GRAHAM: Well, basically, what you do, you say, nobody gets appointed to any position, no bills go forward without my consent or Senator Lieberman's consent, and we freeze the Congress, as far as the Senate's concerned, to make sure the American people understand what's at stake here. We're not going to learn anything new about detainee abuse, but we are going to get some kids killed.
MS. VAN SUSTEREN: All right. So if you sort of shut things down that way, meanwhile out there, the last court order, is that those will be released. So it goes up -- they're on different time tracks.
SEN. GRAHAM: Here's the point. In about 30 days, they're going to have a hearing before the Supreme Court. There's a stay right now. Secretary Gates has said that if these photos are released that it's going to result in violence against our troops, kids will get killed. The president could, by executive order, classify these photos. He has not done that yet.
MS. VAN SUSTEREN: Why doesn't he do that? If he's in favor --
SEN. GRAHAM: Because Congress needs to speak. The commander in chief has said to Congress, don't release these photos. If our language passes, we will win in court, we will change the Freedom of Information Act to protect these photos from being released for three years. If we don't pass this language, I'm worried we will lose in court, the president would have to weigh in.
But this is about the Congress. The Congress, Greta, needs to tell these troops, we got their back. This is about the most liberal members of the House doing the ACLU's business instead of the nation's business.
MS. VAN SUSTEREN: Is Congress going to go along with you? I mean, how does it look right now? Are the lines so drawn in the sand on this one?
SEN. GRAHAM: It passed unanimously in the Senate.
MS. VAN SUSTEREN: I got that. But what about the House?
SEN. GRAHAM: Well, my message to our members of the House -- Democrats in the House, who believe that releasing these photos result in violence against our troops and not help us understand anymore about detainee abuse, speak up! Speak up!
MS. VAN SUSTEREN: Are they going to change their mind?
SEN. GRAHAM: I hope so. I hope and pray. But if we cannot get this resolved, if the House throws this language out of the bill and hurting our case in court, I will do anything and everything, and so will Senator Lieberman. This is not just Lindsey Graham and Joe Lieberman telling you this. Commanders in the field are telling everybody in Congress and the president of the United States, if you release these photos, it's going to put our troops in jeopardy, and some of them are going to get killed. And al Qaeda will use this against us. It's giving your enemy bullets. It is crazy. It is irresponsible. No higher purpose is served.
MS. VAN SUSTEREN: But Senator, just let me say. So if you can't convince the House, the president, with the stroke of a pen, can do this, right? Is that what you're telling me?
SEN. GRAHAM: You know, they tell me that the most sure way to resolve this issue is have the Congress speak, not by executive order, because that's a stronger action viewed by our courts. But I think he could if Congress doesn't act. But tonight is about getting your Congress to be responsible, to stand up for the troops. So if you've got a House member, call them, don't let them do this. Call them.
MS. VAN SUSTEREN: Senator, thank you.
SEN. GRAHAM: Thank you.
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