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Low-level soldiers convicted of prisoner abuse including West Virginia's own Lynndie England are appealing their convictions because the newly released torture memos show their actions were approved by the White House.
Prison guards jailed for abusing inmates at the Abu Ghraib jail in Iraq are planning to appeal against their convictions on the ground that recently released CIA torture memos prove that they were scapegoats for the Bush Administration.
The photographs of prisoner abuse at the Baghdad jail in 2004 sparked worldwide outrage but the previous administration, from President Bush down, blamed the incident on a few low-ranking "bad apples" who were acting on their own.
The decision by President Obama to release the memos showed that the harsh interrogation tactics were approved and authorised at the highest levels of the White House.
snip
Ms England, a poorly educated Army reservist, was pictured holding a dog leash attached to a naked detainee, and also pointing at another being forced to masturbate. She was convicted in September 2005 of abusing prisoners and one count of an indecent act. She was sentenced to three years in a military prison and was paroled after 521 days. Shortly after leaving Iraq she gave birth to a son fathered by Graner. She lives in her home state of West Virginia.
Mr Gittins said the refusal by the Bush Administration to acknowledge that it had authorised such techniques during the trials of the prison guards - and the judges' refusal to call senior administration officials to testify - undermined their defences.
Concerns that the American public won't stand for low level people being caught up in torture investigations miss that such prosecutions already happened under George W. Bush when he was looking for scapegoats.
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