Articles

Apr. 22, 2004

The Kangaroo Court

The exact origin of the term Kangaroo Court is unknown. Its origins date back to the 1850s and the California Gold Rush days. While origin is unknown, the meaning is clear - a trial rigged for a specific outcome.

There are times when governments have an opportunity to affect the future of an area in a dramatic fashion. With all that has gone wrong with Iraq, the US still has a chance to redeem itself with the world while making a strong statement for freedom. Unfortunately, we are foregoing that opportunity to our determent. A rush to judgment and the desire for closure blinds us other possibilities.

There are few in the industrialized world who considers Hussein anything more than a thug. If there is a justification for attacking Iraq, unseating Hussein is probably as good a reason as any. No other reason has surfaced as either true or reasonable. Even the connection to the war on terrorism is dubious considering there are more people being killed daily than before the war started.

Yesterday it was announced Hussein will be tried by a local Iraqi tribunal organized and supervised by the US. While no timetable was mentioned, one assumes the trial will be staged before the election to take away attention from other more embarrassing issues.

The law recognizes the concept of Conflict of Interest. When in a fiduciary position one is obligated to avoid both conflicts of interest and even the appearance of conflicts of interest. This means loosely if your son works for the same law firm that represents the family of one of the candidates for the President of the US an you are asked to rule on a case that involves the seating of a President you should probably excuse yourself from the case. It is not that a conflict of interest exists, but the appearance of one weakens the final decision and adds fuel to the political opposition.

The US cannot afford even a hint of impropriety in the Middle East. We are already losing the propaganda war. A trial for Hussein managed by the US simply reinforces the view of the US as an occupying force. The only solution is to stash Hussein away in The Hague and let him rot for years while preparing for trial. Such a fate allows the US to take a hands off approach, improves relations with Europe and deemphasizes the importance of Hussein in the world. In The Hague Hussein is just the thug he is. He loses his political platform and loses credibility. In The Hague Hussein becomes a warning to others of his kind.

The current approach is a very big mistake and will cost the US dearly before it is over.