In April 2004, I had been contacted by Senator Lindsay O. Graham of South Carolina, who sought information concerning the process which
had been used to formulate the DOD position on interrogation techniques for Guantanamo and Abu Grain. Senator Graham and I had
become acquainted when he indicated a desire to renew his status as an AF Reserve Judge Advocate. I had carefully considered the
ramifications of having a U.S. Senator as a reservist and concluded that there was ample precedent for him to serve. I appointed him to the
AF Court of Criminal Appeals, to the consternation of Mary Walker, SECAF and Mr. Haynes. In fact, the SECAF confided to Walker that I had
done it only to curry favor with the Senator and that he only wanted to do it to gain promotion. Neither of these slanders was true. Mr.
Haynes expressed his displeasure with the appointment and demanded I furnish him a legal memorandum demonstrating that Senator
Graham would not be in a conflict of interest. I did so.
During several telephone conversations in the April - July 2004 time frame with Senator Graham, and one which included Senator John
McCain, we discussed the role the JAGs and their staffs had played in arriving at the final DOD policy. I spoke candidly to Senator Graham
about my views of the process. It was during one of those discussions that I mentioned to Senator Graham and to Senator McCain that we
had sent the above Feb 2003 letter to Mary Walker. Senator Graham requested that I send him the letter. I told him I would do so but
wanted first to determine whether there was any impediment that must be overcome due to the classification of the letter. Senator Graham
assured me that I would be protected if I furnished it to him. As subsequent events have unfolded, I suspect that our telephone
conversations were intercepted. Those conversations made clear that I was preparing to provide Senators Graham and McCain with a
document that would prove embarrassing to Mary Walker, Jim Haynes, the DOD and possibly the Administration.
had been used to formulate the DOD position on interrogation techniques for Guantanamo and Abu Grain. Senator Graham and I had
become acquainted when he indicated a desire to renew his status as an AF Reserve Judge Advocate. I had carefully considered the
ramifications of having a U.S. Senator as a reservist and concluded that there was ample precedent for him to serve. I appointed him to the
AF Court of Criminal Appeals, to the consternation of Mary Walker, SECAF and Mr. Haynes. In fact, the SECAF confided to Walker that I had
done it only to curry favor with the Senator and that he only wanted to do it to gain promotion. Neither of these slanders was true. Mr.
Haynes expressed his displeasure with the appointment and demanded I furnish him a legal memorandum demonstrating that Senator
Graham would not be in a conflict of interest. I did so.
During several telephone conversations in the April - July 2004 time frame with Senator Graham, and one which included Senator John
McCain, we discussed the role the JAGs and their staffs had played in arriving at the final DOD policy. I spoke candidly to Senator Graham
about my views of the process. It was during one of those discussions that I mentioned to Senator Graham and to Senator McCain that we
had sent the above Feb 2003 letter to Mary Walker. Senator Graham requested that I send him the letter. I told him I would do so but
wanted first to determine whether there was any impediment that must be overcome due to the classification of the letter. Senator Graham
assured me that I would be protected if I furnished it to him. As subsequent events have unfolded, I suspect that our telephone
conversations were intercepted. Those conversations made clear that I was preparing to provide Senators Graham and McCain with a
document that would prove embarrassing to Mary Walker, Jim Haynes, the DOD and possibly the Administration.
| Thomas J. Fiscus, 14th Judge Advocate General United States Air Force |
| Contact With Senators Graham and McCain |
Post script to the above information:
Despite Senator Graham's assurances that I would be protected for my assistance to him and Senator McCain,
neither ever contacted me to determine if the investigation of me was linked to my efforts to help them with their
inquiry into the detainee interrogation techniques development. I sent both a copy of my complaint to the DOD
Inspector General. While not offering any assistance, Senator McCain at least had the courtesy to send an
acknowledgement of the complaint. Graham has not responded at all. So much for their claims that I would be
protected.
Despite Senator Graham's assurances that I would be protected for my assistance to him and Senator McCain,
neither ever contacted me to determine if the investigation of me was linked to my efforts to help them with their
inquiry into the detainee interrogation techniques development. I sent both a copy of my complaint to the DOD
Inspector General. While not offering any assistance, Senator McCain at least had the courtesy to send an
acknowledgement of the complaint. Graham has not responded at all. So much for their claims that I would be
protected.
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