Court TV Host: Chat about the Saddam Hussein trial with UN official and war crimes tribunal lawyer Simone Monasebian, also a Court TV analyst.

Court TV Host: If you'd like to look at a transcript of the interview she gave us last time she was here, go to http://www.courttv.com/talk/chat_transcripts/2005/1019hussein-monasebian.html

Court TV Host: Welcome, Simone Monasebian, thanks for being our guest again today.

Simone Monasebian: Hello, good to be with you again

Court TV Host: Anything you'd like to say that you didn't get a chance to say on-air today?

Simone Monasebian: The resumption of this trial occurs one week after the 60th anniversary of the opening of the Nuremberg trials, where (U.S. Supreme Court) Justice Robert H. Jackson reminded us in his majestic opening statement that: "The record on which we judge these defendants is the record on which history will judge us tomorrow and to pass them a poisoned chalice, would be to put one to our own lips as well". Even Saddam deserves a fair trial.

Question from Allie: Why do they not just keep Saddam's lawyers locations confidential so that they will not be killed?

Simone Monasebian: Good question, initially all of their names were on the official Iraqi tribunal website, as well as their nationalities, etc., but their addresses were not on the website. The website has since removed the names. The problem with keeping their locations confidential is that this is really an impossible task. They have to move around to do their jobs and they cannot be in hiding to effectively represent the accused. Interestingly, the defense claims that these assassinations were arranged from the government - - the ministry of the interior and the police in particular. The defense has no way of keeping their location hidden from the government if the government wants to know where the defense is. Big Brother will find you. The defense points out that a few weeks ago we discovered that there was a torture chamber hidden in the ministry of the interior being used against people who were once sympathizers of Saddam's regime.

Question from cherie`: Simone_Monasebian: Do you think the Saddam trial in any way compares to the Nuremberg trials?

Simone Monasebian: In some ways, yes; in some ways, no. First the similarities: in both cases defense counsel argued that the courts were illegitimate creatures created by the victors against the vanquished. Another similarity is that the rules of evidence are looser than the trials to which we are accustomed in the U.S. Hearsay is allowed in both courts. Another similarity is that the death penalty, namely hanging is an authorized penalty. (The death penalty is not allowed in the international criminal tribunals that were created by the U.N. in Africa and in The Hague). As to differences, I think a major one is the security problem. While the defense attorneys in Nuremberg might have been chastised or despised by some, they were not dropping like flies, as is happening here.

Question from caedon: Also, I heard witnesses will be behind a screen? I thought the law was you HAVE a right to face your accuser?

Simone Monasebian: In all of the modern day international criminal tribunals, be it the ones in The Hague or the ones in East or West Africa, witnesses appear behind a screen. However in every instance that the witnesses appeared behind a screen (with the exception of one case, i.e. the Dusko Tadic case) the defense and the prosecution and judges could see the face of the person behind a screen. The screen was placed in a way that only shielded the face from the public and the press. Although one exception to this was granted in the Tadic case 10 years ago, that was so heavily criticized that it never happened again. It is in my view a shame if the defense attorneys and the accused will not be able to see the faces of those they are being confronted by. Even worse is if they won't be given the names. I do not see how you can properly defendant a client without that information being provided.

Court TV Host: Isn't one of the biggest overall differences between this and Nuremberg -- and almost any other war crimes trial for that matter -- is that the war isn't over, and public order is in many cases non-existent throughout the country?

Simone Monasebian: Good observation. But not an excuse to deny the defense a right to a fair trial. In the case of the tribunals for Rwanda and the former Yugoslavia, the U.N. believed that the situations were still unstable in those countries and placed the tribunals elsewhere. In the case of the Special Court for Sierra Leone, that international tribunal was actually placed in Sierra Leone but great lengths were taken to secure the area through tanks, and a battalion of Nigerian U.N. Peacekeeping forces, to insure that the trial could effectively be conducted in Sierra Leone. The agreement between Sierra Leone and the U.N., however, stipulates that should disorder prevail, and conditions deteriorate to an unacceptable level, that the Court can be moved elsewhere. It is unfortunate that Article 2 of the Iraqi Tribunal Statute states the only place the trial can be moved to is another town WITHIN IRAQ. They must consider moving the Court.

Question from Missed_Q_Sloppin_Hogs: Simone, will Ramsey Clark, by joining Saddam's defense team, help Saddam and why do you think that Ramsey wants on the defense team?

Simone Monasebian: As to why Ramsey wants on, I can say that this work is exhilarating, challenging, important and noble. Yes I used the word noble. Let me add the word courageous. Could part of it be that you get your name in the paper everyday? Perhaps. Also something happens to a lot of us, be it prosecutors or defense lawyers who venture into this kind of work, and that it is becomes an addiction

Question from caedon: Why would Saddam accept Clark on his team?

Simone Monasebian: Well, he obviously believes that Ramsey can help him. I think he also enjoys the irony of having the son of a Supreme Court justice, and a man who was once the country's Attorney General representing him. Ramsey understands politics and shares a number of Saddam's beliefs about the illegitimacy of the court and the war in Iraq. Doubtful though that those talents will help get an acquittal.

Question from treise: Does he have any family members in the court room, that support him during his trial?

Simone Monasebian: What we know is that his daughter Ragha is running the defense team from Jordan. I have not heard about family members there and doubt that they would feel safe following his trial from Baghdad.

Court TV Host: Any closing thoughts?

Simone Monasebian: I hope the international community dies not tire of watching this trial. Sunlight is nature's best disinfectant, and Court TV is playing a tremendous role in that regard by showing what is happening in Iraq. The only hope for a fairer trial is if the international community pressures Iraq to do this right. Not only Saddam is on trial. Also on trial is the fairness of the NEW IRAQ.