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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (June 22, 2004)
June 22, EWS HE BATTALION efense lawyers win right to question ,S. generals in Abu Ghraib prison scandal By Todd Pitman THE ASSOCIATED PRESS BAGHDAD, Iraq — Lawyers for two defen- mts in the Abu Ghraib prison scandal won the ghi Monday to question top U.S. generals to >lster arguments their clients were following ill orders in their treatment of inmates. ■he order, issued by a military judge at pre- ia hearings, compels Lt. Gen. Ricardo nnehez, the top U.S. commander in Iraq, Gen. ih i Abizaid, chief of the U.S> Central onimand, to give depositions. Hhe defense will also have access to Maj. Gen. eoffrey Miller, who was I charge of the uantanamo Bay prison imp and now runs U.S. Mention facilities in Iraq, thers who could be ques- onid include Lt. Gen. ho mas F. Metz, com- ■ der of Multinational or )s Iraq, and Maj. Gen. | lara Fast, chief of coali- ^ intelligence operations. (buestioning senior ■ers who run the Iraq could shed light on that these MPs were acting alone,” Womack told reporters. “They were directly under the supervision and the direction of military intel ligence officers.” Womack, Graner’s civilian lawyer, said he could prove the MP and military intelligence commanders “were aware of everything that was being done.” A third defendant — Staff Sgt. Ivan L. Frederick II — also appeared in court Monday but his hearing was postponed until July 23 because his civilian lawyer, Gary Myers, refused to travel to Baghdad. None of the three has entered a plea. Abu Ghraib: military chain of command ■ar Defendants in the Iraqi prisoner abuse case won the right to question top U.S. military commanders about whether they had approved or known about the treatment of detainees at the Abu Ghraib prison from Sept. 3, 2003, to January 2004. Brig. Gen. Janis Karpinski commander, 800th MP Brigade In charge of all prisons in Iraq Washington, D.C. President George W. Bush commander in chief Donald H. Rumsfeld, Secretary of Defense Gen. Richard Myers, chairman ,raq Joint Chiefs of Staff Gen. John Abizaid, commander U.S. Central Command Lt. Col. Jerry Phillabaum commander 320th MP Battalion Staff Sgt. Ivan “Chip" Frederick facing court-martial Abu Ghraib prison 372nd Military Police Company itlrrogation techniques help determine how [responsibility for the 3U&e extends up the chain )erj , fommand. However, the military rminahclge, Col. James Pohl, rrivt' jetted motions by coun- homeli ;l|or Sgt. Javal S. Davis id Spc. Charles A. Graner ter the® 0 compel testimony :c j) on Defense Secretary Inald H. Rumsfeld. IBohl also ruled out loving the trial to the 'nil d States or Germany, source: Military reports 1111 ut said he might recon- l0 dy tier if conditions in Iraq warranted by the time g tthrial begins. A civilian attorney, Guy Womack, dateoiiiq the trial was unlikely to start until October. ■he judge declared Abu Ghraib a crime scene hat all;tat should not be destroyed. President Bush had if the -ITei -d to tear down the prison to remove the stain of [)n fy, dusc. but Iraqi authorities have shown no interest. eleven members of the 372nd Military Police lsC bmpany, a reserve unit from Cresaptown, Md., p ave been charged in the scandal, which gained ttention in April after CBS’ “60 Minutes 11” roadcast shocking photos of abuse and sexual uililiation of Iraqi prisoners, y ^'Bivilian defense attorneys have contended le MPs were acting on instructions from mili- iorylisH intelligence officers and civilian contract ik el iterrogators. 'H-' “No one can suggest with a straight face ioned ®; Lt. Gen. Ricardo Sanchez, commander of coalition forces in Iraq Combined Joint Task Force-7* ^ 4 Maj. Gen. Barbara Fast-J-2 (military intelligence Jf commander) Combined Joint Task Force-7* Col. Thomas M. Pappas, commander 205th Military Intelligence Brigade f Lt- " Inti Sgt. Javal Davis facing court-martial Col. Steven Jordan, commander Joint Interrogation and Debriefing Center Spc. Megan Ambuhl facing court-martial Spc. Sabrina Harman facing court-martial Spc. Charles Graner ^ facing court-martiali pfc Lynndie Spc. Jeremy Sivits ^ England fleaded guilty facing court- One year sentence martial - ■ - • Sanchez transferred authority of Abu Ghraib to Pappas on Nov. 19. Officials differ over whether that meant Pappas or Phillabaum was in charge of the Military Police. On May 19, Spc. Jeremy C. Sivits pleaded guilty and was sentenced to a year in prison, reduc tion in rank and a bad conduct discharge. The three other defendants face more serious charges. Davis’civil lawyer, Paul Bergrin, said in court that Abizaid had already prejudiced the hearings, telling troops during a speech he would “see to it personally that the accused in this case will never wear the uniform again.” Bergrin said the White House had ultimate responsibility for the abuses. “One of the last things my client heard before deployment to Iraq last year was a speech by Bush saying that the Geneva Conventions don’t apply in the war on terrorism,” Bergrin said. Such statements encouraged abuses at Abu Ghraib, he said, because MPs there thought international standards on the protection of pris oners did not apply to Iraqis. Bergrin said commanders put more pressure on MPs at Abu Ghraib to “soften up” detainees as the insurgency gained steam so they would give information to interrogators and “save the lives of American soldiers.” Womack said the MPs knew they were in a war zone and believed the orders were legal. “We can’t have American soldiers in a war zone questioning the legality of orders,” Womack told reporters. Bergrin told reporters interrogators were using “Israeli methods” — including nudity and sexual humiliation — which the Israelis had employed to pressure Arab prisoners into talking. During a recess, Bergrin, a former New Jersey prose cutor, said he would like to question the president because “we know as a mat ter of fact that President Bush changed the rules of engage ment for intelligence acquisi tion.” He did not elaborate. Bergrin said he didn’t make the request in court because he couldn’t prove any link between his client’s case and directives from Bush. The hearings took place in a tightly guarded building in the so-called Green Zone, the nerve center of the American-run occupation of Iraq. Unlike Sivits’ trial last month, attendance at the Monday proceeding was light, with few Iraqis present and remaining seats filled by two dozen journalists and military officials. Graner, who had been ^ photographed giving the thumbs-up sign behind a pile of naked detainees, sat subdued beside Womack and a military lawyer. Womack said Graner, who has worked in American prisons, was “very sorry” and “very concerned” about the abuses committed at Abu Ghraib — even while they happened. “He relayed those concerns up his chain of command ... and made it known that he thought he was doing things that as a civilian could get him fired and perhaps thrown in jail,” Womack said. “But they told him that he was working for military intelligence and he was to follow their orders.” A hearing for another soldier charged in the scandal, Pfc. Lynndie England, 21, was post poned this week until July 12 at Fort Bragg, N.C., where she is now stationed. The military has not decided whether to refer the cases against two others — Spc. Sabrina Harman and Pfc. Megan Ambuhl — to courts-martial. ' Now called Multinational Forces-lraq Tuesday, June 22, 2004 COLLEGE STATION POLICE BLOTTER 6/19/04 4:47 a.m. DWI, 1700 George Bush. One arrest. 6/19/04 11:36 a.m. Burglary of vehicle, 117 Holleman. Taken: CD player, clothing. 6/19/04 12:14 p.m. Burglary of vehicle, 2021 Legacy. Taken: Stereo. 6/19/04 2:45 p.m. Burglary of vehicle, 907 Camellia. Taken: Wallet, misc. items. 6/19/04 3:44 p.m. Burglary of vehicle, 1500 Olympia Way. Taken: CD player. 6/19/04 4:41 p.m. Burglary of habitation, 500 Kerry St. Taken: Computer, TV, stereo. 6/19/04 9:01 p.m. Warrant arrest, 1100 Georgia. One arrest. 6/19/04 10:02 p.m. Warrant arrest, Houston/George Bush. Theft of a firearm. One arrest. 6/20/04 12:05 a.m. DWI, 2504 Texas. One arrest. 6/20/04 1:18 a.m. DWI, 2700 Texas. One arrest. 6/20/04 3:44 a.m. DUI, 100 Wellborn. One arrest. 6/20/04 10:58 a.m. Violation of a Court order, 2500 Central Park. One arrest. 6/20/04 1:40 p.m. Traffic arrest, W feeder 6/Barron. No driver's license. One arrest. 6/20/04 2:15 p.m. Burglary of habitation, 2611 Texas. Taken: nothing 6/20/04 8:32 p.m. Public intoxication, 1011 Wellborn. One arrest 6/20/04 9:01 p.m. DWI, 1011 Wellborn. Also fail to ID. One arrest. 6/20/04 9:07 p.m. Burglary of a building, 608 Pearce. Taken: bike. 6/20/04 10:13 p.m. Assault, 401 University Oaks. Family violence. One arrest. 6/20/04 11:32 p.m. Theft, Associates/Harvey. One arrest. 6/21/04 12:50 a.m. Burglary of vehicle, 900 Holleman. Taken: money clip, face plate, cash. 6/21/04 2:02 a.m. Major accident, 1500 Holleman. Head injuries. 6/21/04 2:32 a.m. Burglary of vehicle, 604 Holleman. Taken: Stereo, wallet. 6/21/04 2:42 a.m. DWI, 1500 Holleman. 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