It would have had a decent chance of success here:
A U.S. judge on Friday refused to stop Saddam's execution, rejecting a last-minute court challenge.
U.S. District Judge Colleen Kollar-Kotelly said U.S. courts do not have jurisdiction to interfere in another country's judicial process. The ruling can be appealed, but it was issued within an hour of the time Iraqi officials said they expected the execution to be carried out.
To have passed by the chance to get the matter on appeal in front of Judge Stephen Reinhardt was a major oversight on the part of Hussein's legal team.
UPDATE: Ed Driscoll has a fine round-up of related links.