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Saddam Hussein Trials to Begin This Spring

By Jeralyn, Section War In Iraq
Posted on Thu Feb 10, 2005 at 04:28:04 PM EST
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Trial for Saddam Hussein and his associates may begin this spring. This is a really interesting article on how it will unfold. Some of the trials will be televised.

One curious note:

But the Western legal expert said Iraqi court procedures, based on civil law, should prevent attempts to turn the proceedings into political theater. First, he said, the defense will be handled by lawyers, and not, as in Mr. Milosevic's case, by the defendant. Beyond that, the wide powers granted to the judges to select witnesses and direct prosecution and defense lawyers, as well as the absence of the adversary system used in American trials, would make the tribunal's hearings "more expeditious" than the tribunal in The Hague.

"You're not going to see a Johnnie Cochrane cross-examining somebody in the manner of the O. J. case," he said.

As an expert defense lawyer e-mailed me earlier: Why not? What is it that was so bad about Johnnie Cochrane's cross-examination - except that it convinced twelves jurors that there was a reasonable doubt about his client's guilt? Is the message here that we are concerned that a good lawyer and a fair trial might lead Iraqi judges to acquit Saddam Hussein? What exactly is it that we are exporting to Iraq?


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    Saddam Hussein Trials to Begin This Spring | 19 comments (19 topical)
    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#1)
    by Talkleft Visitor on Thu Feb 10, 2005 at 05:46:10 PM EST
    I wonder if International Answer will organize mass rallies in Saddam's defence again?

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#2)
    by BigTex on Thu Feb 10, 2005 at 05:50:34 PM EST
    Beyond that, the wide powers granted to the judges to select witnesses and direct prosecution and defense lawyers, as well as the absence of the adversary system
    Not good. He's not goin' t' get a fair trial t' begin with, but add th' lack o' an adverserial system and th' defense has a far larger hurdle t' climb. For all o' th' faults o' th' adverserial system, and there are plenty, th' defense doesn't have t' overcome a biased judge in th' process. Here there will be a baised judge in th' system, which will quash any chance o' a fair trial. This is a shame, every defendant, no matter how guilty and despicable, deserves t' get th' best representation they can. That's not goin' t' be possible here.

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#3)
    by Talkleft Visitor on Thu Feb 10, 2005 at 07:35:55 PM EST
    Tex, you know, you have a point. But let me ask you. Is there any doubt what so ever that he is evil incarnate and should be promotly dispatched to the regions of Hell?

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#4)
    by Talkleft Visitor on Thu Feb 10, 2005 at 08:03:14 PM EST
    If he is still alive?

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#5)
    by Talkleft Visitor on Thu Feb 10, 2005 at 10:33:26 PM EST
    This will be Blasphemy on a legal blog, but I don't rightly care how fair Saddam's trial is. Dot the i's cross the t's, and get on with hanging/shooting/hit him with a brick or whatever they plan on doing to him. There is no guilt to prove: it is plain as day. What's his defense? "It wasn't me, I have a secret twin brother?" Okay, give the defense a few days- it will be worth it for the SNL skit material.

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#6)
    by Talkleft Visitor on Fri Feb 11, 2005 at 06:08:18 AM EST
    "William Roper: So now you'd give the Devil benefit of law! Thomas More: Yes. What would you do? Cut a great road through the law to get after the Devil? Roper: I'd cut down every law in England to do that! More: Oh? And when the last law was down, and the Devil turned round on you - where would you hide, Roper, the laws all being flat? This country's planted thick with laws from coast to coast - man's laws, not God's - and if you cut them down - and you're just the man to do it - d'you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake." -Robert Bolt, A Man for All Seasons

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#7)
    by kdog on Fri Feb 11, 2005 at 06:52:21 AM EST
    Bravo Tex, well said. Jim, I think Saddam is scum, it should be easy to prove that he committed crimes, why stack the deck against him? He's cooked even with a legit trial and defense, why give ammo to our critics?

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#8)
    by Talkleft Visitor on Fri Feb 11, 2005 at 07:45:47 AM EST
    Given the preponderance of evidence, how can the trial NOT be fair? Saddam should and will be given his chance to rebut the charges, which should be worth a laugh if one can get past the absolute horror and tragedy he has wrought. What are we asking for here? The whole trial should be a rather pro forma affair due to the preponderance of evidence and the public face of the monumental catastrophy his regime was.

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#9)
    by Talkleft Visitor on Fri Feb 11, 2005 at 08:15:36 AM EST
    Can't wait!!! Will it be on Court TV???

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#10)
    by BigTex on Fri Feb 11, 2005 at 08:30:11 AM EST
    Poker - Can't say it any better than Kdog did. Justice will be done here, but it will look like th' fix was in from th' beginnin'.

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#11)
    by Talkleft Visitor on Fri Feb 11, 2005 at 09:38:38 AM EST
    Left-wing hero Saddam goes on trial. "he's getting rail-roaded" "he's innocent"! Come on, let's hear it.....

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#12)
    by glanton on Fri Feb 11, 2005 at 09:54:53 AM EST
    MB: "Left-wing hero Saddam?" Do you buy your Kool-Aid by the ton or something? Have you simply given up thinking altogether, electing instead to open up the top of your head and let the likes of Rush Limbaugh pour whatever sewage in there that they deem useful? Remember that no grand, _Lord of the Rings_ style effusions rhetorical effusions, no soundbites like "Freedom fries," and no political affiliation whatever can redeem your status as a waste of human skin. Only you can effect that miracle.

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#13)
    by glanton on Fri Feb 11, 2005 at 10:05:31 AM EST
    Re this thread in general: Life is not like the old movies and sentimental novels, where you have clear cut white-hatted heroes setting their iron jaws against "evil incarnate." Life, especially when it comes to war, is profoundly ugly. Degrees of ugliness are the meat and potatoes of this whole invasion, from the empty 'evidence' that led up to the first bomb to the present discussion of what to do with Saddam Hussein. Oh yeah, and the winners get to write history and decide what constitutes crime, as everyone knows. I'm sure if we had the abject misfortune to be conquered our rulers would be put on trial pretty damned quickly too.

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#15)
    by desertswine on Fri Feb 11, 2005 at 10:33:45 AM EST
    Saddam will get a fair trial. Then he'll swing from the end of a rope.

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#16)
    by Talkleft Visitor on Fri Feb 11, 2005 at 04:29:16 PM EST
    Tex - Yes, he did, but the Pope has a point. glanton - Nutso is as nutso does. Do you have any doubt that Saddam is guilty?

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#17)
    by glanton on Fri Feb 11, 2005 at 04:50:37 PM EST
    Calling me a nutso, Jim? On what basis? No doubts about his guilt on my part, of all sorts of human rights violations. Never said otherwise.

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#18)
    by BigTex on Fri Feb 11, 2005 at 06:00:32 PM EST
    Yes, he did, but the Pope has a point. Can't sday that I recall what th' Pontiff said, can you please inform me? Thanks.

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#19)
    by Talkleft Visitor on Sat Feb 12, 2005 at 02:48:31 AM EST
    Pope has a good point, but the one who is playing william Roper is Bush and no one is playing thomas moore!

    Re: Saddam Hussein Trials to Begin This Spring (none / 0) (#20)
    by Talkleft Visitor on Sat Feb 12, 2005 at 08:00:52 AM EST
    Saddam cannot get a fair trial not because of any chance that he might go free but because if he is allowed to speak or assist in his own defense he would naturally testify about the role the United States played in building up his regime in the first place. This is the last thing the US wants to see on CNN or Fox News. The old Soviet Union had a more honest approach. At the end of W.W.II they said that rather than have a trail of former Nazi leaders just shoot them instead. The United States should have done this with Saddam rather than have a trial. Dead men tell no tales, but it is NECESSARY to justify our illegal war so we must have a trial, control the outcome, and control what is released to the press in order to make sure world opinion only hears our side. This is what is really going on. Clyde

    Saddam Hussein Trials to Begin This Spring | 19 comments (19 topical)