Lindsey Graham

In response to this and a June 2004 U.S. Supreme Court decision allowing detainees to file habeas corpus petitions to challenge their detentions, Graham authored an amendment to a Department of Defense Authorization Act attempting to clarify the authority of American courts which passed in November 2005 by a vote of 49–42 in the Senate despite opposition from human rights groups and legal scholars because of the lack of rights it provides detainees.

Graham has said he amended the Department of Defense Authorization Act in order to give military lawyers, as opposed to politically appointed lawyers, a more independent role in the oversight of military commanders. He has argued that two of the largest problems leading to the detainee abuse scandals at Guantanamo Bay and Abu Ghraib were this lack of oversight and troops' confusion over legal boundaries.

Graham further explains that military lawyers had long observed the provisions of the Uniform Code of Military Justice and the Geneva Convention, but that those provisions had not been considered by the Bush administration in decisions regarding the treatment of detainees in Guantanamo Bay. He has claimed that better legal oversight within the military’s chain of command will prevent future detainee abuse. Read Less