In a speech late last month, U.S. President George W. Bush said the United States would build a modern maximum security prison to replace Abu Ghraib -- and that it would be demolished if the new Iraqi government agreed.

The motion Monday by Paul Bergrin, the civilian defense attorney for Sgt. Javal Davis, came during pre-trial hearings in the courts-martial proceedings against Davis and two other U.S. service members charged in the prison abuse scandal.

"The President of the United States went before the American people and he said 'I'm going to tear down the Abu Ghraib prison. I'm going to destroy it and level it,'" Bergrin said in an interview with CNN's Christiane Amanpour.

"This judge had the integrity ... to tell the President of the United States, 'You're not touching that prison.'"

Earlier, military judge Col. James Pohl denied a lawyer's request for a new hearing into charges against his client, Sgt. Javal Davis.

Capt. Scott Dunn, the attorney for Davis, requested a new Article 32 hearing -- the military equivalent of a grand jury hearing -- saying he was not able to question witnesses who could have helped his client's case during the original hearing.

"The judge finds the investigation on April 7, 2004 substantially complies for a general court martial," Pohl ruled. "Defense motion has been denied."

Spc. Charles Graner and Staff Sgt. Ivan "Chip" Frederick are also scheduled to appear as the process moves toward setting trial dates.

The accused men could all appear Monday, but if not, by midweek.

The hearing is at a coalition headquarters building inside the Green Zone, the highly-guarded area of central Baghdad.

Davis and Frederick are facing general courts-martial -- military courts that handle felony-level offenses.

'Ring leader'

Graner, considered the "ring leader" of the abuse at Abu Ghraib, has been charged with conspiracy to maltreat prisoners; dereliction of duty for allowing prisoners to be maltreated; cruelty and maltreatment; maltreatment of prisoners; assault of prisoners; committing indecent acts; adultery; and obstruction of justice.

All are members of the 372nd Military Police Company and have been reassigned to other duties in the aftermath of the charges at the prison.

In May, Spc. Jeremy Sivits received the maximum sentence for his role in the Iraqi prisoner abuse scandal as part of a plea deal with prosecutors.

The deal allows him to testify against other soldiers involved in the abuse at the prison.

Sivits pleaded guilty to all three criminal charges against him: conspiracy to maltreat subordinates, or detainees; dereliction of duty for willfully failing to protect detainees from abuse, cruelty and maltreatment; and maltreatment of detainees.

The 24-year-old Sivits will face a year of confinement, discharge for bad conduct, and demotion to the rank of private. His sentence is under automatic appeal.

Sivits told the court in May he saw Frederick punching an inmate so hard that all present feared the man had a heart attack.

A medic was called to attend the man after the incident, which occurred November 8, Sivits said.

Sivits also told investigators that Graner forced the prisoners to disrobe, mocked them and "punched [a] detainee with a closed fist so hard in the temple that it knocked the detainee unconscious."

Describing the Abu Ghraib prison, Sivits said, "It was hell ... out of a horror movie."

He said the events of November 8 lasted no more than 30 minutes.

After entering his plea, Sivits gave explicit details of abuses he said took place on November 8 involving six or seven other soldiers, including beatings and positioning the prisoners in sexual positions.

A total of seven U.S. soldiers have been accused of abusing Iraqi prisoners at Abu Ghraib, all reservists with the 372nd Military Police Company.

Some of the soldiers appear in photographs showing abuse that have sparked outrage across the world.