U.S. judge weighs Saddam request

[Barrett808]

U.S. judge weighs Saddam request
By MATT APUZZO, Associated Press Writer
20 minutes ago

WASHINGTON - A U.S. judge was considering a last-minute request to delay Saddam Hussein's execution Friday night.

Lawyers for the former Iraqi president asked U.S. District Court Judge Colleen Kollar-Kotelly for a stay late Friday afternoon. Kollar-Kotelly held a brief hearing by telephone and was expected to issue a written decision Friday night.

No ruling had been made by 8:15 p.m. EST.

The request was a long-shot based on a creative legal argument. Attorneys argued that because Hussein also faces a civil lawsuit in Washington, he has rights as a civil defendant that would be violated if he is executed. He has not received notice of those rights and the consequences that the lawsuit would have on his estate, his attorneys said.

"To protect those rights, defendant Saddam Hussein requests an order of this court providing a stay of his execution until further notice of this court," attorney Nicholas Gilman wrote.

A similar request by the former chief justice of the Revolutionary Court, Awad Hamed al-Bandar, was denied by a federal appeals court Friday night. Al-Bandar also faces execution. The Justice Department argued in that case that U.S. courts have no jurisdiction to interfere with the judicial process of another country.

Al-Bandar argued that his trial violated his rights under the U.S. Constitution but Justice countered that foreigners being tried in foreign courts are not protected by the U.S. Constitution.

http://news.yahoo.com/s/ap/20061230/ap_on_go_ot/saddam_...

[TaleWgnDg]

1. These lawyers -- Saddams lawyers, that is -- are just doing

.

These lawyers -- Saddams lawyers, that is -- are just doing their job. That is, representing their client in a zealous manner, meaning that the lawyers must attempt legal positions weighing the pros and cons and then deciding w/ their client the available options. Here, their options are thin -- it's long-shot favorable outcome.

I may not agree with their legal positions, but, damn, Saddam seems to have some dynamite legal representation. Some of their legal arguments are very creative to say the least!

This one I'd wager is a loser. And even if the judge rules favorably, I believe the execution will go forward for a variety of legal reasons.

.

[ckramer]

4. Not really.

If Bush said to the Iraq government - if you execute Saddam tonight, I will withdraw all US troops tomorrow.

I guanrantee the execution would be stopped in five seconds should that happen.

This is not about Iraqis killing Saddam, this is about Bush killing Saddam.

Bad karma for USA.

[William769]

2. I see no legal basis, we did not try him (I know that can be argued).

But he was sentenced in a Iraqi court, we have no jurisdiction.

[CHIMO]

3. One Might

Then presume that you have no power?

[PSPS]

5. True, but it was also a kangaroo court orchestrated entirely from the white house

... so, in a way, it was really a "U.S trial."

[William769]

7. Thats what can be argued, but not in our court system.

[John Q. Citizen]

13. Sure it can. He's an American prisoner of war. n/t

[William769]

14. No he's not. n/t

[Tellurian]

6. U.S. judge denies Saddam's last-minute appeal as execution looms

Just came over msnbc..

no link yet!

[William769]

8. thanks for the heads up.

[Tellurian]

10. It;s another SAD Day for America..

Wondering how much pressure was applied to the appellate judge?

[William769]

11. With my legal background, I would say none.

I will say though, I was not impressed with the trial.

[Barrett808]

12. Shouldn't a trial in which 3 defense attorneys are murdered and a judge resigns...

...over political pressure be declared a mistrial?

Just askin'.

[William769]

15. In our court system yes.

But it's not our laws or our system.

[Barrett808]

16. Right. You mentioned you weren't impressed with the Saddam trial...

...I'd be really interested to hear your thoughts.

[Monkeyman]

9. CBS NEWS ALERT JUDGE SAID NO