Rumsfeld's Coming Court Problem

The Army has finally charged a mid-level inteligence officer for some of the abuses at Abu Ghraib. According to his charge sheet Lt. Col Steven L. Jordan "did oppress Iraqi detainees, persons subject to his orders, by subjecting them to forced nudity and intimidation by military working dogs."

Military prosecutors assert such treatment violates UCMJ 93, which states, "[A]ny person subject to this chapter who is guilty of cruelty toward, or oppression or maltreatment of, any person subject to his orders shall be punished as a court-martial may direct."

Which is darn interesting, because top Pentagon officials, including Rumsfeld, once  approved the exact same treatment-- forced nudity and intimidation by dogs.

I wonder whether  Lt. Col Jordan's lawyers will  bring that up at trial?

P.S.: Marty Lederman details Rumsfeld's orders and why he might be in trouble.