No-Good Lazy Justices - After the Supreme Court's sentencing case, the sky is falling. Hooray! By Dahlia�Lithwick
I agree with Dahlia. The world is safe (not safer), so far. The judges are not stupid. Let them do the job.
The New York Times > International > Middle East > News Analysis: Much at Stake in an Iraq Trial
If we believe that the Iraqi Special Court trying Saddam Hussein will give him a fair trial, we will have to be prepared to accept his acquittal. People seem to be behaving as if the sentence of death has already been pronounced. But if the court is fair, as I believe it ought to be, there are some problems.
First, I think there are serious question about the jurisdiction of the court. Saddam is challenging the jurisdiction, claiming that the court did not derive power from the Iraqi people but was set up by illegal invaders. He may have a point, now that we know that there are questions about the evidence that justifies United States's self-defence. If Iraqi laws prohibit double-jeopardy, could do the legitimate government later on try him again?
Second, if Iraq did not have criminal statutes at the time Saddam was president against genocide, how can charges be brought against him?
Third, what about his claim of Presidential immunity? If Justice Thomas is correct, the judiciary has no business questioning the executive's privilege in the business of war-waging, and all Iraqi government records certify that there was no genocide, should the Iraqi court balance the evidence by people who have reasons not to like Saddam?
Just thinking out loud.
