Saddam using George's excuse?

Saddam Hussein continues to try to turn his trial into a circus. He insists that the court has to authority to try him.
His major argument is hauntingly familiar.
"Where's the crime?" he says. He was leader of his country. Therefore all his actions were, by definition lawful.
This argument was used in Nuremburg.

And in Washington.

It is the core of President Bush's arguments concerning the warrantless wiretaps. He had the authority to circumvent the Constitution because he is the President.
I wonder if the same argument will come up when it is time to defend his policies on torture, renditions, and war.