Arizona Sen. John McCain is trying to head off a planned executive order from President Donald Trump that could allow the CIA to reopen overseas "black sites" that were often the site of detainee torture during the War on Terror.
The New York Times obtained a draft of the executive order and published it on Wednesday.
"The President can sign whatever executive orders he likes," McCain said in a statement. "But the law is the law. We are not bringing back torture in the United States of America."
John McCain military capture and rescue
John McCain military capture and rescue
A photo taken by a French cameraman in 1967 shows US Navy Airforce Major John McCain lying on a bed in a Hanoi hospital as he was being given medical care for his injuries. John McCain was captured in 1967 at a lake in Hanoi after his Navy warplane was downed by the Northern Vietnamese army during the Vietnam War.
P368426 01: (File Photo) Senator John Mccain Is Pulled Out Of A Hanoi Lake By North Vietnamese Army Soldiers And Civilians October 26, 1967 In Hanoi, North Vietnam. Mccain's A-4E Skyhawk Was Shot Down By A Surface-To-Air Missile. Mccain Broke Both Arms And His Right Knee Upon Ejection And Lost Consciousness Until He Hit The Water. (Photo By Getty Images)
P368426 04: (File Photo) Senator John Mccain In A Hanoi Hospital During The Vietnam War November, 1967. (Photo By Getty Images)
P368426 06: (File Photo) A Statue Commemorating October 26, 1967, The Day Lt. Cmdr. John Mccain Was Captured By The North Vietnamese Army, Stands In Hanoi, North Vietnam. (Photo By Getty Images)
P368426 05: (File Photo) A Mug Shot Of Senator John Mccain As A P.O.W. Taken By The North Vietnamese Sometime Between 1967-73 (Photo By Getty Images)
HANOI, VIET NAM: This file picture taken in 1967 shows US Navy Airforce Major John McCain lying on a bed in a Hanoi hospital as he was being given medical care for his injuries. McCain was captured in 1967 at a lake in Hanoi after his Navy warplane was downed by the Northern Vietnamese army during the Vietnam War. One of his rescuers said 24 February 2000, McCain was well treated after being pulled from the lake by villagers. McCain said that upon capture he was beaten by an angry mob and bayoneted in the groin. (B/W ONLY) AFP PHOTO (Photo credit should read AFP/Getty Images)
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McCain cited the National Defense Authorization Act put into place during the Obama administration that "reaffirmed the prohibition on torture by limiting interrogation techniques to those in the Army Field Manual."
McCain also noted the Trump appointees who have said they would support the US legal ban on torture.
"During both our personal conversations and his confirmation hearing, CIA Director Mike Pompeo repeatedly committed to me that he will comply with the law that applies the Army Field Manual's interrogation requirements to all US agencies, including the CIA," McCain said.
"In response to written questions from the Senate Armed Services Committee, Secretary of Defense James Mattis said he 'support[s] using the Army Field Manual as the single standard for all US military interrogations.' I am confident these leaders will be true to their word."
Former CIA Director Michael Hayden predicted last year that the US military would refuse to follow unlawful orders from Trump.
John McCain through the years
John McCain through the years
20th August 1992: The Republican Senator from Arizona, John McCain, speaking at the Republican National Convention. A fomer prisoner of war for several years in Vietnam, he contested his party's nomination for the 2000 election. (Photo by Consolidated News Pictures/Getty Images)
HANOI, VIET NAM: U.S. Sen. John McCain, a former POW, looks 31 May 1993 at a display of personal belongings of American POWs at the joint POW/MIA archives center in the Hanoi Army Museum. McCain is with U.S. Sen. John Kerry and a delegation on a two-day visit aimed at obtaining more access to archives dealing with the fate of missing U.S. servicemen. (Photo credit should read HOANG DINH NAM/AFP/Getty Images)
UNITED STATES - FEBRUARY 27: TV RATINGS--Senate Commerce Committee Chairman John McCain, R-Ariz., during hearing on the TV ratings system. (Photo by Douglas Graham/Congressional Quarterly/Getty Images)
UNITED STATES - MAY 18: MCCAIN'S DAY--Sen John McCain, R-Ariz., relaxes in his office at about 2:15 p.m. (Photo by Scott J. Ferrell/Congressional Quarterly/Getty Images)
UNITED STATES - JUNE 02: McCAIN BILL--John McCain,R-Ariz.,during a press conference on the McCain Bill and tobacco legislation. (Photo by Douglas Graham/Congressional Quarterly/Getty Images)
WASHINGTON, : US Senator John McCain, R-AZ, chairman of the Senate Committee on Commerce, Science and Transportation begins the start of a hearing on the investigation of the scandal surrounding the 2002 Salt Lake City Winter Olympics on Capitol Hill in Washington, DC 14 April, 1999. AFP PHOTO/Mario TAMA (Photo credit should read MARIO TAMA/AFP/Getty Images)
HANOVER, : US Senator John McCain speaks to reporters 27 October,1999 in Hanover, New Hampshire. McCain criticized sugar, oil, and corn (shown behind) subsidies and linked them to 'soft money' campaign contributions. (ELECTRONIC IMAGE) AFP PHOTO Luke FRAZZA (Photo credit should read LUKE FRAZZA/AFP/Getty Images)
MANCHESTER, : Republican president hopeful John McCain greets supporters as he arrives at a debate forum sponsored by a local television station 02 December, 1999, in Manchester, New Hampshire. McCain will debate the other Republican candidates seeking the party's presidential nomination. (DIGITAL IMAGE) AFP PHOTO/John MOTTERN (Photo credit should read JOHN MOTTERN/AFP/Getty Images)
UNITED STATES - CIRCA 2000: John McCain addresses a shadow convention at the Annenberg Center of the University of Pennsylvania. McCain was booed when he asked suppoters to back his former primary opponent, George W. Bush. The shadow convention was put on near the site of the Republican National Convention in Philadelphia to highlight issues that the organizers say the major parties are ignoring. (Photo by Harry Hamburg/NY Daily News Archive via Getty Images)
CAMDEN, UNITED STATES: GOP presidential hopeful US Senator John McCain (R-AZ) waves during an 'Old Fashion BBQ and Stump Meeting' on the front yard of a supporter's house 08 January 2000 in Camden, South Carolina. (ELECTRONIC IMAGE) AFP PHOTO/Paul J. RICHARDS (Photo credit should read PAUL J. RICHARDS/AFP/Getty Images)
PETERBOROUGH, NH - JANUARY 30: Republican presidential hopeful Sen. John McCain (L) and his wife Cindy are showered with confetti following McCain's final town meeting 30 January, 2000 in Peterborough, New Hampshire. (ELECTRONIC IMAGE) (Photo credit should read C.J. GUNTHER/AFP/Getty Images)
GREENWOOD, : Republican presidential hopeful John McCain makes a point 14 February 2000 during a town hall meeting at the American Legion Post 20 in Greenwood, South Carolina. McCain is campaigning heavily in the southern state against Texas Governor Geroge W. Bush ahead of the 19 February 2000 primary. (ELECTRONIC IMAGE) AFP PHOTO/Tim SLOAN (Photo credit should read TIM SLOAN/AFP/Getty Images)
THE TONIGHT SHOW WITH JAY LENO -- Episode 1789 -- Pictured: (l-r) Senator John McCain during an interview with host Jay Leno on March 1, 2000 -- (Photo by: Paul Drinkwater/NBC/NBCU Photo Bank via Getty Images)
UNITED STATES - APRIL 30: Sen. John McCain, R-AZ, at a Senate Commerce, Science and Transportation Committee hearing on climate change. (Photo By Tom Williams/Roll Call/Getty Images)
UNITED STATES - FEBRUARY 12: TEMPORARY GUEST WORKERS--Witness Sen. John McCain, R-Ariz., during the Senate Judiciary Immigration, Border Security and Citizenship Subcommittee hearing titled 'Evaluating a Temporary Guest Worker Proposal.' (Photo by Scott J. Ferrell/Congressional Quarterly/Getty Images)
UNITED STATES - JUNE 28: SENATE POLICY LUNCHES--Sen. John McCain, R-Ariz., talks to reporters after the Senate GOP policy luncheon. (Photo by Scott J. Ferrell/Congressional Quarterly/Getty Images)
WASHINGTON - SEPTEMBER 20: U.S. Senator John McCain (R-AZ) addresses The Northern Virginia Technology Council's Titans breakfast at the Capitol Hilton September 20, 2006 in Washington, DC. McCain spoke on a variety of subjects, including telecommunications legislation, net neutrality, research and development tax credits, immigration, and Internet taxes. He also addressed the rift that he and several other Republican senators are having with the White House over the Geneva Conventions. (Photo by Chip Somodevilla/Getty Images)