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U.S. Team Is Sent to Develop Case in Hussein Trial | ||||
2004-03-07 | ||||
WASHINGTON, March 6 — Following a White House directive, the Justice Department is sending a high-level team of prosecutors and investigators to Iraq to take charge of assembling and organizing the evidence to be used in a war crimes trial of Saddam Hussein, administration and Iraqi officials said in recent days. The previously undisclosed directive signed by Condoleezza Rice, President Bush's national security adviser, directs the government to take the initiative in preparing a case against Mr. Hussein that will ultimately be run by Iraqis. The order, issued in January, gives the Justice Department the authority to act as the lead agency in the effort.
For his part, Mr. Hussein, who has been under interrogation by American officials since his capture on Dec. 14, has revealed little that could be used in any trial, government officials said in recent days. He has discussed few specific issues and at times comports himself as a The effort to develop a case involves a delicate balancing act for the administration, which is trying to turn over as complete a brief as possible for the Iraqis to use against Mr. Hussein without appearing to dominate the process in a way that could undercut the independence of the Iraqi authorities. "We're trying to balance a bunch of interests here," said one senior administration official. "We intend to bring quite a few resources to the table but not too many so it looks like a completely American process."
Salem Chalabi, the Iraqi lawyer in charge of the war crimes issue, said in a recent interview that while he understood the administration's political needs, the trials might not occur until late in the year, after the American elections, and that Mr. Hussein might not even be the first defendant. "We need and welcome the Americans' help and role in this," Mr. Chalabi, nephew of Ahmad Chalabi, the leader of the Iraqi National Congress, said in a telephone interview from Iraq. "But no one should misunderstand that this will be an Iraqi process with decisions by Iraqis."
Mr. Chalabi also said the Iraqis might choose to try lesser-ranking officials before Mr. Hussein. "If you try a smaller-ranking person for a war crime like the attacks on the Kurds and he is found guilty, then all we have to do with respect to Saddam Hussein is show the chain of command," he said. Mr. Chalabi said the Iraqi Governing Council had assembled a list of about 45 Iraqi judges as candidates for the war crimes tribunals. The statute setting up the tribunals calls for three panels of five judges each to try people, and nine judges to serve on an appellate panel. He said those judges who were believed to have been sympathetic to the Hussein government were not eligible. Those who might be prejudiced because they or their families suffered at the hands of the government could not serve as judges but could only be investigators or prosecutors.
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Posted by:Steve White |