Graham: Hypothetical. Detainee in our charge. Info available that can save thousands of lives. President gives authority to find info from detainee. Pre-existing statute re Uniform Code of Justice that tells troops that they can't do certain things to prisoners.
What do we do?
Gonzales: The president has already said we aren't going to engage in torture. As to whether or not the statute you referred to would be constitutional, these questions are difficult. One statute gives Congress specific authority regarding captures. There is disagreement among scholars.
Graham: Congress has authority to regular military and the military code of justice is a statutory scheme giving guidance to the military that Congress passees.
We can tell our military "don't you do this to a detainee" and you as a CIC can say "we gotta win the war and protect ourselves" and I'm worried about the person in the middle here.
MEMO TO GRAHAM: That person in the middle would be YOU. At best.
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