The Bush administation seems to have developed a habit of declaring the result of trials prior to their actually taking place;

"Despite his unquestioned duty to represent the nation on matters of public concern, and his more specific responsibility to keep the nation informed of the Justice Department's efforts in the war on terror, the Attorney General has an equally vital and unyielding obligation, as the nation's chief prosecutor, to ensure that defendants are accorded the fair trial guaranteed them under the constitution," [U.S. District Court Judge] Rosen wrote in Tuesday's ruling."

and

"President Bush said Tuesday Saddam Hussein deserves the death penalty -- the "ultimate penalty" -- for his iron-fisted rule in Iraq and that Iraqis should conduct the trial."

In other words the Iraqis can conduct the trial but the americans will let them know the verdict their working towards in advance...