Tuesday, June 29, 2004

What Is This - A Divorce?


A short time ago, with the full backing of the Bush Administration, the United States Supreme Court declined to grant "standing" to Michael Newdow, who had sued to end the recitation of the Pledge of Allegiance as redefined by Congress to include the phrase "... under God". Why? Because the girl's mother had full legal custody, and Newdow had only a limited form of legal custody.

Today, the New York Times announces, "Custody of Hussein Will Be Transferred to Iraq This Week". That is to say, "the new Iraqi government will take over legal custody of Saddam Hussein on Wednesday to start proceedings that will lead up to an open trial in the next few months." The Washington Post is more accurate in its headline, declaring "Iraq Takes Legal Custody of Hussein Wednesday".

This seems like a strange way of reporting that the Iraqis are being given nominal "custody" over Hussein, who will remain where he is - in a U.S. operated prison manned by U.S. guards. The rush to trial is a bit troubling to me, given that this new "sovereign" government was picked by us, and perhaps it would be best if we permitted Iraq's first elected government to decide the fate of its former tyrant. But then, an elected government might actually demand physical custody, and custody disputes are so messy....

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