The information to that effect was publicly availabe in major newspapers, and in the administration's own intelligence reports as well, as clearly indicated in this time line of the events leading to war:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=364x1950418But wait! George Bush has made it clear that he doesn't read newspapers -- and I doubt that he reads his own administration's intelligence reports as well. He says that he gets all the information he needs from his aids.
Anyhow, I doubt that that should count as a defense.
The International Criminal Court does not have the capacity to issue death sentences, but it certainly could send them to prison for life -- and that is most certainly where they belong.
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