American Samizdat

Saturday, December 20, 2003. *
The People vs. Saddam Hussein
No doubt it was bad news for you if you were around Saddam Hussein and he didn't like you. It tended to make for a very shortened life. Saddam was after all "a despicable tyrant", and so we'll just try him and then do whatever and be done with it. Good plan, but there is one sticking point; that bit about a "fair trial".

Now as I recall, in a fair trial the defendant gets to call witnesses and present evidence in his favor. And that's the problem; what if Saddam does just this? A trio of articles examines what evidence Saddam might offer:

  1. Ted Rall writes a somewhat tongue-in-cheek "Selected Highlights From a Future Transcript" of Saddam's trial:

    • CLAIM: During the 10-year Iran-Iraq War, Saddam committed many war crimes, causing perhaps many hundreds of thousands of deaths and possibly millions.
      COUNTER-CLAIM: In fact, then U.S. Secretary of State George Schulz expressed full support for this war, the Ayatollah Kholmeini's overthrow of the U.S.-sponsored Shah of Iran and the subsequent forceful take-over of the U.S. embassy there being of great U.S. concern. Under a directive by then president Ronald Reagan, Donald Rumsfeld was dispatched to meet with Saddam in Baghdad (12/20/83), a meeting which led to the U.S. providing Saddam with military equipment, chemical precursors, insecticides, aluminum tubes, missile components and anthrax, all intended for use in that war. Furthermore, during this time the CIA continuously delivered Saddam battlefield intelligence obtained from Saudi AWACS surveillance planes, and the Saudis during this time also provided direct financial support to Saddam for this war.

    • CLAIM: Saddam "gassed his own people" (5,000 Kurds at the town of Halabja in 1988).
      COUNTER-CLAIM: In fact, Iraq possessed (U.S. provided) mustard gas at that time. Yet, as Stephen Pelletiere, the main CIA political analyst on Iraq during the 1980s, wrote in The New York Times last January, "The condition of the dead Kurds' bodies however, indicated they had been killed with a blood agent--that is, a cyanide-based gas--which Iran was known to use." Iraq was not known to have possess similar "blood agents" at that time nor to have had the technology to develop them. If fact, there are indications that the Kurds were accidentally gassed, merely being downwind from where this gas was released by troops insufficiently trained in their usage.

    • CLAIM: Saddam illegally conducted a war of aggression against Kuwait.
      COUNTER-CLAIM: In fact, the separation of Kuwait from Iraq was imposed by Great Britain after World War I, but never acknowledged by any independent Iraqi government. Furthermore, Kuwait had purchased from National Security Council chief Brent Scowcroft's company something known as "slant drilling" technology, and was actively using it to drill under the established border between Iraq and Kuwait, stealing $14 billion in oil that legally belonged to Iraq. Furthermore, a week before the invasion (7/24/90), U.S. State Department spokeswoman Margaret Tutwiler said, "We do not have any defense treaties with Kuwait, and there are no special defense or security commitments to Kuwait," and on July 31, Assistant Secretary of State John Kelly, testifying before a House foreign affairs subcommittee, confirmed that the U.S. would not send troops to defend Kuwait if it was invaded by Saddam. Similar statements were made by then Defense Secretary Dick Cheney and U.S. Ambassador to Iraq April Glaspie.

  2. Jude Wanniski addresses the question of "The Mass Graves":

    • CLAIM: Saddam is a mass murderer. Rights groups that have been cataloging the abuses of Saddam's regime estimate the toll of missing (and presumed killed) at close to 300,000.
      COUNTER-CLAIM: If fact, only one such "killing field" has actually been located. (3,115 bodies were unearthed at Mahaweel in Southern Iraq recently.) Reports of others are merely anecdotal. They may exist, but have not actually been physically located.

    • CLAIM: But the Mahaweel killing field alone is sufficient to establish Saddam as a mass murderer.
      COUNTER-CLAIM: In fact, the Mahaweel dead have been identified as being killed in the Shiite uprising of 1991 against the Baghdad regime. This uprising was CIA-sponsored and endorsed by George H. W. Bush. Furthermore, it was a civil uprising against the then duly-constituted government Iraq, and as such, that government had a legitimate right to suppress it.

  3. And Pepe Escobar speculates on "How Saddam may still nail Bush":

    • CLAIM: Saddam defied numerous U.N. resolutions over the course of the twelve years between the 1991 and 2003 gulf wars.
      COUNTER-CLAIM: In fact, the almost sole thrust of these resolutions was that Saddam rid Iraq of nuclear, chemical, and biological weapons. There is simply almost no evidence that he did not, and almost no evidence that he did not do so soon after the earliest resolutions. In fact, the majority of evidence simply indicates that he was not open in his disarmourment.

    • CLAIM: Saddam trained and financed al-Qaeda.
      COUNTER-CLAIM: In fact, this claim is based on pieces of intelligence. (1) The tentative identification of an al-Queda operative from a photograph, an identification that proved to be false. (2) The receipt of medical services in Iraq by an al-Queda operative, services that were rendered however in Kurdish-controlled Iraq.

    • CLAIM: Saddam chose confrontation over compliance before the second Iraq war.
      COUNTER-CLAIM: In fact, Saddam's negotiators were attempting to deliver everything to Washington on a plate during this period: free access to the Federal Bureau of Investigation to look for WMD anywhere in Iraq; full support for the American-penned road map in the Middle East; and the right for American companies to exploit Iraq's oil. U.S. Defense Policy Board member Richard Perle confirmed these attempted negotiations.
This of course is not any sort of endorsement of Saddam. But Saddam will of course attempt to offer a substantial defense, and this is an estimate of what that defense might look like during a full and open "fair trial".
posted by Mischa Peyton at 12:48 PM
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