Any Possibility Saddam is Innocent in the Legal Sense?

Diana at Democracy for California has a thought-provoking post up. I'm still mulling it over but I encourage some of you to read it. In part:

Forget about all the talking points that dance above the question like sparks leaping from a camp fire, there is only one seminal truth powerful enough to bring George W. Bush and his cabal down. That truth is the innocence of Saddam. I'm not speaking of moral innocence, which I'll leave for God to judge, I'm speaking of innocence under the law.

As the case against Saddam moves from the court of public opinion to the court of law, bringing more and more facts into the light of public scrutiny, there is, ironically, a powerful blowback effect building against Bush, ripping at the very foundations many on the Right still use to justify the war, and many on the Left blithely ignore.

A case in point is the charges read against Saddam Hussein in the recent hearing, that of "killing his own people," i.e., gassing the Kurds, a widely believed accusation both Bush Sr. and Bush Jr. effectively used to stir public opinion against Saddam, and which forms the core premise upon which the Neocons have built their entire case for war. This construct can be completely blown apart by one key witness.

According to an article in yahoo news today, a top CIA official who was in charge of the investigation of the Kurdish massacre has produced evidence that Saddam Hussein was not responsible, and indicated that it was the work of Iranians.