U.S. military taking AP photographer to court

Photographed aftermath of attacks
Previously, the military has outlined a host of possible lines of investigation, including claims that Hussein offered to provide false identification to a sniper seeking to evade U.S.-led forces and that Hussein took photographs that were synchronized with insurgent blasts.

The AP inquiry found no support for either of those claims. The bulk of the photographs Hussein provided the AP were not about insurgent activity; he detailed both the aftermath of attacks and the daily lives of Iraqis in the war zone. There was no evidence that any images were coordinated with the insurgents or showed the instant of an attack.

Gardephe, now a New York-based attorney, said the AP has offered evidence to counter the allegations so far raised by the military. But, he noted, that it's possible the military could introduce new charges at the hearing that could include classified material.

"This makes it impossible to put together a defense," said Gardephe, who is leading the defense team and plans to arrive in Baghdad next week. "At the moment, it looks like we can do little more than show up ... and try to put together a defense during the proceedings."

One option, he said, is to contend that the Pentagon's handling of Hussein violated Iraqi legal tenets brought in by Washington after the fall of Saddam Hussein in 2003. Among the possible challenges: AP claims that Hussein was interrogated at Camp Cropper this year without legal counsel.

Hussein is one of the highest-profile Iraqi journalists in U.S. custody.

In April 2006 — just days before Hussein was detained — an Iraqi cameraman working for CBS News was acquitted of insurgent activity. Abdul Ameer Younis Hussein was held for about a year after being detained while filming the aftermath of a bombing in the northern city of Mosul.

Tomlin, however, said that freedom for Bilal Hussein, who is not related to the cameraman working for CBS, isn't guaranteed even if the judge rejects the eventual U.S. charges. The military can indefinitely hold suspects considered security risks in Iraq.

"Even if he comes out the other side with an acquittal — as we certainly hope and trust that he will — there is not guarantee that he won't go right back into detention as a security risk."

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