- The Washington Times - Monday, May 3, 2010

WASHINGTON (AP) — The U.S. military’s highest court is considering whether a “Catch-22” prevented the alleged ringleader of detainee abuses at Abu Ghraib prison in Iraq from getting a fair trial in 2005.

In arguments Monday in Washington, Army Spc. Charles Graner’s lawyer told the U.S. Court of Appeals for the Armed Forces that the defense was wrongly denied access to classified documents indicating that some of the harsh treatment of detainees reflected “enhanced interrogation techniques” approved by Defense Secretary Donald Rumsfeld.

One of the five justices questioned whether the secret nature of the documents made it impossible for the defense to request specific memos, a situation he called a Catch-22.

The court is expected to rule by August on Spc. Graner’s request for a new trial.

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