Abu Ghraib judge refuses to order Rumsfeld to talk

A US military judge hearing the Abu Ghraib prison abuse case has refused to order US Defense Secretary Donald Rumsfeld to talk to lawyers about prisoner interrogation policy, but suggested he may force key military intelligence officers to testify unless the government charges them.

The ruling on Tuesday on the officers opened the door to broadening the scope of the scandal beyond the 372nd Military Police Company, a US Army reserve unit to which all soldiers charged so far were assigned.

Chief prosecutor Major Michael Holly told the court two low-ranking soldiers from a military intelligence unit who "we believe are co-conspirators" would probably be charged soon.

Six police officers are facing charges of mistreating prisoners at the Baghdad jail. A seventh, Specialist Jeremy Sivits, pleaded guilty on May 19 and was sentenced to a year in prison.

On Tuesday, a lawyer for Staff Sergeant Ivan "Chip" Frederick said his client would also plead guilty to some charges. Frederick had decided to do the "honest and dignified thing" and hoped others in the group would step forward, lawyer Gary Myers said outside the courtroom.

"He's taking responsibility for certain acts," Myers said, adding that an agreement had been reached with prosecutors to drop other charges against him at a hearing on Oct. 20 in Baghdad. He refused to elaborate, saying "there's always the possibility something will change."

Frederick charged with maltreating detainees, conspiracy to maltreat detainees, dereliction of duty and committing an indecent act.

Attorneys Specialist Javal Davis demanded that Rumsfeld and his deputy Stephen Cambone submit to an interview, claiming Rumsfeld had signed a 2002 memo authorizing the use of dogs, nudity, physical contact and isolation against prisoners at the US military base at Guantanamo Bay, Cuba.

Judge Colonel James Pohl rejected a request, but said the motion may be brought back if the defense can fill some of the gaps between the accusations against Davis and Rumsfeld's alleged policy.

"There's got to be some links in that chain," Pohl said. "I'm not saying there is not a link. I'm saying at this point you haven't shown me sufficient evidence."

Davis the five other military police facing charges of abusing prisoners at the Baghdad prison insist they were following orders from military intelligence officers and civilian contractors.

Davis' attorney, Paul Bergrin, asked the court to grant immunity from prosecution to Colonel 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.

The testimony would broaden the case beyond the 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.

But prosecutors argued they might charge the officers after the military completes a report on the role of military intelligence facilities that is expected to be presented to US Congress early next month, which could be made difficult if they were given immunity.

Pohl the prosecution until Sept. 17 to convince him that they should not be compelled to testify. He 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."