Yes, I realize that this is probably a stupid question. We were giggling about it this morning and I said I would ask the board. I’m sure “getting off on a technicality” is a real rarity even for your average criminal, but is it an impossibility?
No precedent for it, and I highly doubt anyone woould accept it or let it happen.
But look, the trial is an ex-post facto ruling, anyway, so who knows what could happen.
The court that is trying Saddam is not following US or British legal procedures either. It’s not like the court is going to get upset because Saddam didn’t get a Miranda warning.
After going to war to get Saddam, do you think the US is going to let him go?
The current trial is but one in what is expected to be a series of trials. It’s pretty hard to imagine that there are that many technicalities to get him off of as many trials as the US and the new Iraqi government may choose to hold.