Posted on 12/19/2004 3:22:52 PM PST by hipaatwo
LONDON (AFP) - Former Iraqi dictator Saddam Hussein (news - web sites) is preparing a legal challenge in the United States to his trial for war crimes, a newspaper reports, citing leaked papers prepared by his defense team.
Clive Stafford Smith, a British human rights lawyer, has prepared a 50-page brief which contains advice to take the case to US courts to ensure he receives a fair trial, the Sunday Times reported after saying it had seen the document.
The action is to ensure that Saddam receives the basic legal rights given to those tried in the United States, such as full access to his defense team and an independent judge and jury, the newspaper said.
It said the leaked brief is entitled "The Iraqi Special Tribunal as Victors' Justice -- the Inherent Illegality and Bias of the Whole Process."
The brief argues that US law should prevail in the case because the trial is effectively being taken at the behest of the US government.
It argues Saddam will have trouble receiving a fair trial because leading members of the Iraqi and US administration have already publicly called for him to be found guilty and killed to "validate" the war, the newspaper said.
http://www.soros.org/initiatives/justice/focus_areas/justice_fellows/grantees/clive_stafford_smith
Should we be flattered or ashamed?
I agree. Send him to Texas; Louisiana; Georgia; or Virginia. Maybe Oklahoma.
He should be given as fair a trial as those he gave his own citizens. And his sentence should be carried out as swiftly as those of his citizens. And then for the rest of the 15 minutes, we can take a smoke break.
The ACLU is probably jumping at the chance to represent him and to humiliate the Bush Administration.
They should have shot him in that spider hole when they had the chance.
As long as he doesn't get the OJ jury.
The MSM should be flattered. We should be disgusted.
The rationale for moving the case to U.S. Courts is primarily driven by the media coverage that will result.
The defense counsel wants to try this case in the mainstream media -- putting the press in the jury box. And, given a jury that viscerally hates George W. Bush, what verdict are they likely to render for Saddam Hussein?
Not in the states I named, he won't.
Agreed. And, if he a jury of Lefties, he'd probably be paid reparations.
He has absolutely no right whatsoever to access our legal system. This would be the ultimate leftist finger in the eye to us as citizens. I'd bet the media will lobby hard for it, though.
You mean like the FAIR TRAIL you gave everyone in Iraq, SADMAN??? Ok then will throw you in a wood chipper legs first!
I predict 2-3 years from now Saddam may get on trial. When caprtured last year Allawi promised his trial would start by June 04. This will be another solobodan farce trial.
Thanks, I did search before I posted and nothing came up.
I hear Geragos has some free time on his hands.
LOL! The trial is a formality. They probably already have the scaffold ready and waiting. I guess while Saddam is still breathing, he and those around him can still have hope. One thing is for sure, Saddam is going to assume room temperature in 2005.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.