What should happen to Saddam now? The U.S. says it isn't sure.

Iraqi officials were more certain. Adnan Pachachi, a member of Iraq's Governing Council, said Saddam would face open, public trial inside Iraq. That was echoed by other members of the council as well.

"There's no question that the process will be an Iraqi process," Pachachi said.

Amnesty International has weighed in as well:

The human rights group Amnesty International said Saddam should be given prisoner of war status, and should be allowed visits by the international Red Cross.

"Like any other criminal suspect he is entitled to all relevant safeguards under international law, including the right not to be subjected to torture or ill-treatment, and of course the right to receive a fair trial defense lawyer and the minimum safeguards as any other prisoner," said Nicole Shoueiry, a spokeswoman for the group.

Shoueiry said Amnesty has questions about the tribunal's legitimacy "because it was set up without consultations with Iraqi civil society, Iraqi lawmakers and international experts and observers, including the United Nations."

We think he should be brought before the International Criminal Court--only the U.S. refused to sign the Rome Treaty or join. Here's an open thread to discuss it.

Update: Some problems with a trial by Iraqi war crimes tribunal.

We're not just reading the the U.S. coverage--The BBC has good news coverage. There is also a reporter's log, kind of like a blog, with breaking news.

Statement by Governor Dean on the Capture of Saddam Hussein

WEST PALM BEACH-- Governor Dean issued the following statement this morning:

"This is a great day for the Iraqi people, the US, and the international community.

"Our troops are to be congratulated on carrying out this mission with the skill and dedication we have come to know of them.

"This development provides an enormous opportunity to set a new course and take the American label off the war. We must do everything possible to bring the UN, NATO, and other members of the international community back into this effort.

"Now that the dictator is captured, we must also accelerate the transition from occupation to full Iraqi sovereignty."

By TChris

Saddam captured in underground hideout near Tikrit

• No shots fired as 600 U.S. troops raided location
• Saddam said to be "cooperative" and "talkative"
• U.S. holds former leader at undisclosed location
• Iraqis celebrate in streets of Baghdad

The New York Times reports:

Coalition troops discovered Mr. Hussein hiding in a hole below a walled compound on the farm, located in the town of Adwar, about 10 miles from his hometown of Tikrit.

Military authorities said that Mr. Hussein had put up no resistance and that not one shot had been fired in the operation. They said they were able to confirm his identity using DNA tests.

This is likely to give Bush a bump in the opinion polls. It remains to be seen whether the situation in Iraq will improve as a result of Hussein's capture.

Update: Here's how he was captured.

By T Chris

A report to be released Monday recommends that President Bush appoint an advisory board "to assess how new anti-terrorism measures such as the Patriot Act have affected Americans' civil liberties." The report, prepared by a federal terrorism commission chaired by James Gilmore, the former Republican Governor of Virginia, also criticizes the Homeland Security Department for focusing on the "crisis of the moment" without developing "a comprehensive, forward-looking strategy to combat terrorism."

Among other recommendations, the report will urge greater oversight of the use of spy satellites on targets in the United States.

An advisory board that is nonpartisan and well-informed might give good advice, but would that advice cause Homeland Security or John Ashcroft's Justice Department to develop a forward-looking vision that is respectful of civil liberties? Probably not, but the report to be released Monday will nonetheless make interesting reading.

By T. Chris

According to a recent study, the percentage of federal criminal prosecutions resolved by trial has declined from 15 percent in 1962 to less than 5 percent last year. Although the number of federal prosecutions has doubled in the last four decades, the number of trials has fallen.

The impact of the Federal Sentencing Guidelines, which reward most guilty pleas with an automatic reduction of the sentencing range a defendant would have faced if convicted at trial, explains the shrinking numbers.

On the criminal side, there is almost no dispute that the falling number of trials in the federal courts is because of the revisions in sentencing laws. Defendants who insist on a trial can face much longer sentences than those who accept a plea bargain.

From the government's perspective, the guidelines reward a defendant who accepts responsibility by pleading guilty. From the defense perspective, however, the guidelines penalize a defendant who unsuccessfully exercises his or her right to a jury trial. Defendants who face the certainty of a longer sentence if found guilty at trial are often understandably discouraged from leaving their fate to a jury.

Open Letter to John Kerry

Dear Senator Kerry,

We write this open letter as a group of bloggers whose audience you respect enough that you advertise on our web sites.

We are deeply disturbed that former staff members of your campaign and other Dean rivals now working at the so-called “Americans for Jobs, Health Care and Progressive Values” have resorted to the Willie Horton campaign tactic of linking Howard Dean to Osama Bin Laden. Vigorous competition among Democrats is expected and welcome, but all Democratic leaders should denounce these kinds of tactics.

Given your staff link to this attack through your former press secretary, Robert Gibbs—the new group’s spokesman— we feel it is incumbent on you and your campaign to make it clear that this kind of attack is unacceptable. Otherwise, there will be the appearance of covert cooperation by your campaign in supporting this effort.

If your campaign does not make clear that you have no link to this scurrilous attack, all of us will have to reevaluate our willingness to allow advertising by your campaign on our web sites.

We don’t expect to have to make that decision, since we have faith in your integrity and expect you to quickly make clear your denunciation of this destructive and anti-democratic operation.

Yours,

Atrios- Eschaton
Jeralyn Merritt- Talk Left
Nathan Newman- NathanNewman.org
Oliver Willis- Oliver Willis
Jesse Taylor and Ezra Klein- Pandagon

Update: Kerry and Gephardt deny they have anything to do with the ad.

By T. Chris

A teenager in North Carolina, accused of planning to explode homemade napalm bombs at his high school and keeping a "corpse list" of 20 names (including his own), will be prosecuted in juvenile court.

"Every one of us who is a parent has to have nightmares about what might have happened ... but nevertheless it is essential that we keep focused on what did happen and what needs to happen now," Chief District Court Judge William Hamby said. "It is not appropriate at this point to punish based on what might have been."

It is refreshing and encouraging to see a judge base a decision on what happened, not on what might have happened. The boy obviously needs help, and Judge Hamby deserves praise for having the courage to recognize that juvenile court is best situated to provide that help.

If the economy is improving, then why are 17,000 kids homeless in New York?

In a booming holiday season, the nation's most populous city reported Saturday that almost 17,000 homeless children and their parents live in city shelters -- twice as many families as in the 1990s.

On the other coast, we're glad to learn that Gavin Newsom, the newly elected San Francisco mayor, has declared his top priority will be solving the city's homelessness problem:

...his first moves will include creating a 10-year plan for ending chronic homelessness and going after "tens of millions" of new dollars in federal funding....In an interview with The Chronicle, Newsom said he also plans to create within six months about 550 units of new "supportive housing" for troubled homeless people.

The centerpiece of any plan, he said, will be creating more supportive housing, which gives the homeless a room to live in with counseling services in the same building to address the drug, alcohol or mental health problems that often put them on the street.

Tell Ralph Nader not to run and why....you can do it here on his own website. [link via Oliver Willis]

Rep. Jim Gibbons, R-Nev., wants the House Armed Services Committee to hold hearings on allegations that Halliburton, Vice President Dick Cheney's former company overcharged $61 million for fuel in Iraq. There's also the matter of an alleged $67 million overbilling for supplying cafeteria services to soldiers in Iraq. Gibbons said the charges are "an absolute outrage."

"If these allegations which were found in a Pentagon audit of government contracts is true, then it's time for Halliburton to break out its checkbook and refund American taxpayers," Gibbons said.

Gibbons, a committee member, is the first member of Congress to call for congressional hearings of the company. His request comes as Democrats demand further investigations.

While he doesn't think Cheney has any involvement in the Halliburton contract, Gibbons said the House committee should examine whether the contract was issued in exchange for campaign contributions.

Gibbons thinks Halliburton is just greedy. He's also upset another Pentagon audit that found "unclean conditions and rotting food in more than one cafeteria serving American personnel."

Cheney was the head of Halliburton from 1995 to 2000.

Former Gen. Wesley Clark will be a prosecution witness at the Milosevic War Crimes Trial Monday and Tuesday.

The Bush Administration is demanding that it be allowed to review videotapes of his testimony before they are released to the public.

Closed sessions are routinely held at the United Nations tribunal that deals with Balkan war crimes, but usually to protect witnesses's safety. The conditions of General Clark's appearance are new.

The court agreed to give the United States government 48 hours to review the testimony and to ask judges to suppress any it regards as sensitive. Two government lawyers will accompany the general.

Milosevic is acting as his own lawyer and will cross-examine Clark:

Prosecutors want to know how much Mr. Milosevic knew — or could have known — about crimes committed by members of the Bosnian Serb military who were on Belgrade's payroll and by Serbian police officers and other forces directly under his command.

General Clark faces direct cross-examination by Mr. Milosevic, who conducts his own defense and usually demands as much time to question a witness as the prosecution. Frequently, he is given more time.

You can watch videos of the trial here. Transcripts are here. Case details are here.