GOOD...I THINK

I'm not certain I understand the distinction...they have custody but we do the guarding.

The United States transferred legal custody of Saddam Hussein and 11 of his top lieutenants to Iraq's new government on Wednesday, a U.S. official said.

Saddam will remain in the physical custody of U.S. forces. He is expected to be formally charged on Thursday.

Another piece includes some additional detail...and even pokes a bit of fun at Saddam.

He told a press conference yesterday that Mr. Hussein will be tried before an open special tribunal. The 67-year-old defendant, who was captured by U.S. forces last December, will be free to speak and can appoint legal counsel or represent himself. "If he doesn't have the money," Mr. Allawi said with a smirk, "counsel will be provided."

Mr. Allawi said his cabinet is discussing reinstating Iraq's death penalty, which had been suspended by former U.S. occupation chief Paul Bremer.

Salem Chalabi, director of the Iraqi Special Tribunal that will try Mr. Hussein, said tomorrow's appearance at the tribunal, housed in a courthouse inside Baghdad's fortified "green zone," will likely be filmed for public release.