Rumsfeld blamed for abuse indirectly
A four-member panel headed by former Defence Secretary James Schlesinger issued a report accusing the chain of command from Rumsfeld down of leadership failures that created conditions for the abuse late last year that sparked anti-American outrage across the world.
Schlesinger described the events at the US-run Baghdad prison as "'Animal House' on the night shift," a reference to a 1970s US film about riotous behavior at a student boarding house.
But he said it was clear that Rumsfeld had issued no orders for the mistreatment of prisoners and direct responsibility ended with field commanders in Iraq.
"Command failures were compounded by poor advice provided by staff officers with responsibility for overseeing battlefield functions related to detention and interrogation operations," said the report, commissioned by Rumsfeld in May.
"Military and civilian leaders at the Pentagon share this burden of responsibility."
Seven military police personnel have been charged so far in connection with the abuse at Abu Ghraib, which became public in April when photographs emerged of naked, hooded Iraqi prisoners being sexually humiliated and threatened with dogs.
In Mannheim, Germany, the judge hearing some of the cases dismissed a motion brought by one of the accused, Sgt. Javal Davis, to force Rumsfeld to testify.
"I fail to see a connection between this group and the authorities in Washington. I'm not saying there is no link, but you have not shown sufficient evidence," said Judge James Pohl.
One of Davis's lawyers, Paul Bergrin, referred to memos which he said showed Rumsfeld had approved hooding and stripping prisoners, who could also be put in stress positions and subjected to "physical conduct."
"As insurgencies (in Iraq) increased, the need for actionable intelligence increased. These techniques were approved by Donald Rumsfeld," Bergrin said.
He and other defence lawyers say their clients were following orders to break inmates for interrogation.
The highest-ranking of the seven, Staff Sergeant Ivan Frederick, has reached a deal to plead guilty to some charges at his court martial, lawyer Gary Myers told reporters.
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