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Don't Look Now But I Think Saddam Is Going To Win His Trial.

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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:36 AM
Original message
Don't Look Now But I Think Saddam Is Going To Win His Trial.
Not only is he rational and intelligent, but every day the violence that occurs in Iraq seems worse than the violence under Saddam.

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MadisonProgressive Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:37 AM
Response to Original message
1. Unfortunately for him it's a Kangaroo Kourt
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Coexist Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:38 AM
Response to Original message
2. Just FYI - all the apolitical people are I are fuming about this trial
being a joke and a waste of taxpayer dollars.

Don't quite know what this means -but they HATE it.
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Dr.Phool Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:39 AM
Response to Reply #2
3. He's using the GWB defense strategery
"If the president does it, it's not illegal".
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:00 AM
Response to Reply #3
13. He has a bit of a point there
140 men and boys were arrested for conspiracy to assassinate the President of Iraq, they were convicted in an Iraqi court, and they were sentenced to death. The prosecution is now in a position where it has to explain why the jurisprudence that led to their conviction and execution is wrong, or extra-judicial; they have to prove that the trials were so flawed that assenting to the execution constitutes a crime against humanity. Hell, by that standard, half the governors in these United States would be on the dock.

It looks to me like the prosecution walked into a trap here: their best evidence was Saddam's written and verbal assent, the "signing of the death warrant" so to speak. But that same assent presupposes that at least the minimum standards of internal Iraqi jurisprudence was followed in all the case, yielding Saddam the damn good argument "How was any of this illegal?"

In fact, the very trial form they are using to try Saddam is the same as the form of law used to try the "conspirators." This produces the devastating irony: in order to convict Saddam, the court will have to say that its own form is improper jurisprudence! In order to sentence Saddam to death, the court will have to say that it cannot sentence anyone to death, since to do so would violate - what? some internaional law, or the very law they are applying against Saddam?!?
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The Backlash Cometh Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:49 AM
Response to Reply #2
6. They hate it because we couldn't just kill him the way we killed
his two sons? This court is making Sadaam look more humane than Bush?

Sad thing is that it can be both of those things and they wouldn't even blink an eyelash when they acknowledge it.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:48 AM
Response to Original message
4. Just for the sake of theoretical argument, let's imagine that the Iraqi
people, having been blessed by democracy given them by Bush, er, I mean God, decide to acquit him and re-instate him as president.

Since we have now gone down to our last excuse for wrecking Iraq, i.e., that the world is better off without Saddam, what would we do if they re-instated Saddam?

Would we take him down again, or respect the wishes of the Iraqis?
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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:08 AM
Response to Reply #4
18. Bush* claims the Power to have anyone killed at his request
Any doubt that a man that would stick a firecracker up a frog's ass would hesitate to order the death of someone?
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ladjf Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:48 AM
Response to Original message
5. It doesn't appear that he broke Iraqi law to order the execution
of those convicted of attempted assassination. American Presidents have signed death order against people who where convicted of spying.
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:53 AM
Response to Original message
7. As dictator, he DID have the authority to do what he did
As a Human, he had no right...BUT who knows how the court will decide...Maybe the people will revolt and the court will just dismiss the whole thing..:shrug:
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:56 AM
Response to Reply #7
9. But isn't this true about Bush too. As president he has authority to do
things but as a Human, he does not?
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SoCalDem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:58 AM
Response to Reply #9
11. True..but the court system is about "legality"
and holding a dictator to legality is a conundrum
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:01 AM
Response to Reply #11
14. I might be wrong but I thought Iraq did have a set of laws, and they did
go through the pretense of having elections. Having a dictator doesn't mean you are totally lawless. In fact, I read where Saddam invoked Iraqi law to defend himself.
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:08 AM
Response to Reply #14
19. Indeed - there was a veil of legality that is now the major problem
Americans are childish this way: they hear dictator and think it mean one thing, where the actual day-to-day governance in a dictatorial society works quite differently. Iraq had laws; Iraq had specific rules of jurisprudence; Iraq had legal professionals, etc.
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:04 AM
Response to Reply #7
16. But that's the point: he did not "dictate" the killings
according to the evidence. The men and boys from the town were convicted in Iraqi courts of conspiracy to assassinate the President, and they were all sentenced to death. A number were killed in custody, but no evidence shows Saddam ordered this. The only evidence is that Saddam signed off on the "death warrants" produced by the trials.

Now, certainly, the Iraqi courts were kangaroo courts of first order, but the thing has a much different shape than the initial stories. There was at least the veil of legality and due process. So, now the argument to be made by the prosecution is that Iraqi courts and law is insufficient to sentence people to death. Do they really want to go down that road? It would yield a rather paradoxical result, since they are trying to sentence Saddam to death by using essentially the same system of jurisprudence!
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:11 AM
Response to Reply #16
20. On kangaroo court...
...reviewing the actions of another.
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alcibiades_mystery Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:33 AM
Response to Reply #20
25. Indeed
And this is the paradox that the prosecutors are faced with. Not only is it one kangaroo court reviewing another, to the extent that the principles of jurisprudence remain in place in the Iraq Court system, such that the very procedures used to convict the men and boys from the village are the SAME as the legal procedures being used in the case against Saddam. This could be read as delicious irony for Saddam, but it hardly provides the space for a legitimate tribunal. The paradox is thus heightened further, since it is essentially one kangaroo court reviewing itself!

Of course, paradox is only for people who demand some sort of reasonable consistency. Kangaroo courts, by definition, have no such quibbles. They are about power, pure and simple. In the last kangaroo court, Saddam and the Baathists had the power; in this one, the Shiites and their American clients have the power. Ta da! No paradox at all. Get it?
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Caution Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:54 AM
Response to Original message
8. Let's hope not.
the guy was a monster. period.
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madokie Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:57 AM
Response to Reply #8
10. you are talking about bush*,,, right
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 09:58 AM
Response to Reply #8
12. Just asking, but was he a monster because he wanted to be or a
monster because he had to be?
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:03 AM
Response to Reply #12
15. does it matter?
did order the summary trials and executions of thousands of people because he wanted to or because he had to? who cares, he still did it.
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:13 AM
Response to Reply #15
22. Of course it matters. Ordering a death for a reason is much different
than ordering a death for personal gratification. We accept the proposition all the time, as in, better to shoot the plane down, than let it crash into a building full of people.
The person ordering and shooting the plane down is being a monster, but because he has to be, not because he wants to be.


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Robeson Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:07 AM
Response to Original message
17. Why don't we just call it even, and send he and Bush to the Hague...
...to be put on trial, legally and properly. Maybe they could be cellmates.
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bmbmd Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:12 AM
Response to Original message
21. Saddam aquitted.
Restored to power. Americans leave. Rosy scenario?
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Solomon Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:20 AM
Response to Reply #21
23. I wouldn't say it's a rosy scenario. I'm just speculating about what us
Edited on Thu Mar-02-06 10:20 AM by Solomon
americans would do if he were acquitted. Would definitely put us in a pickle. Having waxed eloquent about Iraqis right to decide for themselves what kind of government they want, as opposed to our reason for invading, "Saddam was a brutal dictator who gassed his own people".
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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:46 AM
Response to Reply #21
26. Waiting for Saddam to use one of two defenses:
1. He denies having committed genocide against his citizens.
2. He admits having conspired to murder certain members of certain groups which he will claim were going to kill him first, you know, preemptive strike . . . He'll claim his actions kept the country from civil war by keeping a lid on the Shi'ites.
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NV Whino Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Mar-02-06 10:23 AM
Response to Original message
24. If he's acquited
he beats the first death penalty and will face more trials, which may drag Bush, Rummy and friends through the merde.
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