Abu Ghraib abuse judge may summon intelligence heads

MANNHEIM, Germany – The US military judge hearing the Abu Ghraib abuse case suggested yesterday he would compel top military intelligence commanders to testify unless the prosecution moves forward with criminal charges against them within the next month.

Judge Colonel James Pohl rejected a request from the attorney for Specialist Javal Davis for Secretary of Defense Donald Rumsfeld and his deputy Stephen Cambone to submit to an interview, but said it could be brought back if the defence can fill in some of the gaps. “There’s got to be some links in that chain,” Pohl said.Davis and the five other military police accused of abusing prisoners at the Baghdad prison insist they were following orders from military intelligence officers and civilian contractors.Davis’ civilian attorney, Paul Bergrin, asked the court to grant immunity from prosecution to Col Thomas Pappas, the military intelligence commander at Abu Ghraib, and several other officers who may have known of the abuse but have refused to talk to investigators citing their right to avoid self-incrimination.Such testimony could broaden the case beyond the six low-ranking army reservists and raise the possibility that intelligence officers and others within the military encouraged the abuse to gain information about Iraqi insurgents battling US troops.A grant of immunity could remove a key obstacle to their testimony, but prosecutor Maj Michael Holly argued that the officers themselves could face charges after the military completes a report into the role of military intelligence at detention facilities, which is expected to be presented to the US Congress early next month.The judge gave the prosecution until September 17 to convince him that they should not be compelled to testify.Pohl made it clear, however, that if the government does not intend to file major charges against the officers by then, he would probably grant them immunity to testify.”This would appear to be critical information to the defendants… that this was condoned by the higher-ups,” Pohl told the prosecutors.”You know where this is going – it’s either pay me now or pay me later.”- Nampa-AP”There’s got to be some links in that chain,” Pohl said.Davis and the five other military police accused of abusing prisoners at the Baghdad prison insist they were following orders from military intelligence officers and civilian contractors.Davis’ civilian attorney, Paul Bergrin, asked the court to grant immunity from prosecution to Col Thomas Pappas, the military intelligence commander at Abu Ghraib, and several other officers who may have known of the abuse but have refused to talk to investigators citing their right to avoid self-incrimination.Such testimony could broaden the case beyond the six low-ranking army reservists and raise the possibility that intelligence officers and others within the military encouraged the abuse to gain information about Iraqi insurgents battling US troops.A grant of immunity could remove a key obstacle to their testimony, but prosecutor Maj Michael Holly argued that the officers themselves could face charges after the military completes a report into the role of military intelligence at detention facilities, which is expected to be presented to the US Congress early next month.The judge gave the prosecution until September 17 to convince him that they should not be compelled to testify.Pohl made it clear, however, that if the government does not intend to file major charges against the officers by then, he would probably grant them immunity to testify.”This would appear to be critical information to the defendants… that this was condoned by the higher-ups,” Pohl told the prosecutors.”You know where this is going – it’s either pay me now or pay me later.”- Nampa-AP