Iraq Abuse Trial Is Again Limited to Lower Ranks
By ERIC SCHMITT
Published: March 23, 2006
With the conviction on Tuesday of an Army dog handler, the military has now tried and found guilty another low-ranking soldier in connection with the pattern of abuses that first surfaced two years ago at Abu Ghraib prison in Iraq.
But once again, an attempt by defense lawyers to point a finger of responsibility at higher-ranking officers failed in the latest case to convince a military jury that ultimate responsibility for the abuses lay farther up the chain of command.
Some military experts said one reason there had not been attempts to pursue charges up the military chain of command was that the military does not have anything tantamount to a district attorney's office, run by commanders with the authority to go after the cases.
"The real question is, who is the independent prosecutor who is liberated to pursue these cases," said Eugene Fidell, a specialist in military law. "There is no central prosecution office run by commanders. So you don't have a D.A. thinking, I'm going to follow this wherever it leads."
Among all the abuse cases that have reached military courts, the trial of the dog handler, Sgt. Michael J. Smith, had appeared to hold the greatest potential to assign accountability to high-ranking military and perhaps even civilian officials in Washington. Some military experts had thought the trial might finally explore the origins of the harsh interrogation techniques that were used at Abu Ghraib; at the Bagram detention center in Afghanistan; and at other sites where abuses occurred....
http://www.nytimes.com/2006/03/23/politics/23abuse.html