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© Copyright 2020 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.U.S. calls bid to stop extradition of 2 to Japan 'meritless'
By ALANNA DURKIN RICHER BOSTON©2024 GPlusMedia Inc.
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WA4TKG
Annnnd’ go:
wowyz
"The men's lawyers, who include former Trump White House attorney Ty Cobb"
it figures...
jalan5
Secretary of State Mike Pompeo was in Asia ..this case is getting bigger everyday, might be headed to the supreme court.
Do the hustle
Meritless? There is no charge in Japan for helping someone skip bail. It is the Japanese plea to have them extradicted that is ‘meritless’.
Kazuaki Shimazaki
Here's what the court had to say (from Case 4:20-cv-11272-IT Document 44 Filed 08/07/20):
Alfie Noakes
A bare-faced lie. Does this man not know that the US has repeatedly denied British requests for the CIA agent Anne Sacoolas to be extradited to the UK to face trial for killing 19 year old motorcyclist Harry Dunn by driving on the wrong side of the road?
Kazuaki Shimazaki
Alfie NoakesToday 12:38 pm JST
That's a special case that involves arguable diplomatic immunity. The US (and most countries as well) have a very strong interest in safeguarding the sanctity of diplomatic immunity to guarantee their own diplomats performing diplomatic functions.
If you want a better analogy, you might try digging up cases where the US Armed Forces protected their own by spiriting them out of the host country where they are accused of crimes.
cleo
Since when has driving on the wrong side of the road and killing a teenager been a diplomatic function?
Goodlucktoyou
@cleo. You forgot the running away part, lying about being a CIA agent and showing no remorse.
oyatoi
Treachery begins at home. From the Foreign Office official “advising” that he could see nothing untoward about a quick repatriation, through to Raab’s deliberate evasions and transparent placing of the interests of the UK’s great and powerful friend over those of the citizens he ostensibly represents. Missing in action, the moral courage demanded of its servants, as exemplified by that call for someone to “speak for England”.
buchailldana
If they were in any way connected to the military they US would never hand them over.
OssanAmerica
Extradition is based on whether aiding and abetting a bail jumper is a crime under US Federal Law or the Laws of the State of Massachusetts . It is not based on whether it is a crime in the Extradition Treaty Partner Nation.
For example suppose a Muslim country demands a US citizen be extradited because he was guilty of drawing some cartoon of Allah. The US would be under no obligation to comply because it is not a crime in the US. But suppose the charge was theft or murder. Then the US would extradite him because those are crimes in the US.
The Taylor's defense has no merit exactly as DOS says. Their defense is exactly what they should present to a Court in Japan. Who knows, they might even get off.
The Taylors were not acting on behalf of the US government, they took the Ghosn job as paid civilian operators. $1.36 million. Hire a Tokyo lawyer already. They are wasting money fighting State.
ThonTaddeo
That latter case makes sense assuming that the country demanding extradition also considered theft or murder to be crimes. But in this case a country is demanding extradition for something that is not a crime in that country. "What these people did isn't a crime where we are, but it is where you are, so extradite him to us!" makes no sense.
Kazuaki Shimazaki
ThonTaddeoToday 07:36 pm JST
So their defence alleges. The judge took both sides views and decided against the Taylors. For what it is worth, I agree, and even supplement something:
From the prosecution's summary (#41 in Docket):
His Declaration is blocked behind PACER but Expert William Cleary seems either un-neutral or un-expert despite his purported qualifications. In addition to all other flaws mentioned, Cleary does not seem to understand or have even wondered WHY bail jumping (by-itself) is not an offense in Japan, and WHY by-the-way the criminal law is carefully written such that the defendant is allowed to lie in court, and WHY the defendant is allowed to self-harbor.
The reason (and you can figure this out reading a textbook) is that exigibility for the defendant is low. It is considered too much to expect that the defendant does not lie, does not try running ... etc. And if he understands that fundamental reason, he can and should be able to predict such tender mercies will not be proferred to a hired hand.
B. Jay
I am surprised that the State Department approved this request from Japan. Did deputy secretary Stephen Beigun consult with his bossMike Pompeo on this? An American national, ex navy seal, done tremendous work for American including rescuing kidnapped schildren, undercover FBI stint etc being extradited under these circumstances by his own country to face hostage justice system quite a shock. Meanwhile Japan refused to extradite Takata officials to Michigan to face criminal negligence charges.
Kazuaki Shimazaki
B. JayToday 05:19 am JST
At least in this case, there is no "Hostage justice system", beyond the fact that they cannot seriously claim they didn't do it, no system would allow this kind of criminal to be bailed.
bokuda
Ghosn was held hostage for 108~130 days.
No charges, no trial date, no lawyer allowed...
Japan has no justice system to begin with.
Desert Tortoise
Having served in the Navy he should be intimately familiar with the old US Navy saying:" One awshit cancels all attaboys." What I can't figure out is why these two didn't try to hide their identity? One would think a former Seal would be more savvy.
Desert Tortoise
On a diplomatic passport you can literally commit murder and the host country cannot touch you. Arresting and imprisoning a card carrying diplomat is technically an act of war.
Desert Tortoise
Every nation in the world has intelligence officers operating abroad in their embassies under what is called "diplomatic cover". They pose as one of many lower level diplomats in the embassy and generally the host nation knows which ones are spies and which ones are legitimate diplomats, or if they don't they generally figure it out soon enough. Being a diplomat gives them an excuse to talk to people, drive around and look at things through a trained pair of eyes. Nations don't attempt to kick these diplomats out because if they do, their own spies will be kicked out of the nation who's spy they just kicked out. That is why often nations who are at each others throats, like the US and China or the US and USSR, don't break diplomatic relations. They want their people in these nations seeing things in person, meeting their counterparts in the host government, sizing them up if you will, so they know what's happening there. Otherwise you are completely in the dark or relying on the diplomats and spies of another friendly nation to tell you what's going on, which is the US situation in North Korea and Iran. Not having your own people in foreign nations is a real handicap trying to understand what they are thinking and what is really going on.
sir_bentley28
They're STILL on this? Why are they still beating a dead stick with a horse? Japan has no laws punishable for "jumping bail" let alone helping someone jump bail. Just........just chuck this one to the wind, Japan! Dude is long gone!