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No, I doubt he can get a completely fair trial, and yes, it does matter - it matters because the party line is that Saddam was out of control and ignored common rules of decency and fairness in governing his people. Now that other people are in charge, in theory, of that poor country, they have a requirement to uphold the new standard, which requires due process for everyone. Just as rulers must be beholding to the law, so must the law be beholding to rulers (or ex-rulers).
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Si vis pacem parabellum.
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