“NSA Whistleblower Edward Snowden Seeks Asylum”

June 10, 2013

The Fiscal Times on June 9, 2013 released the following:

“By BARTON GELLMAN and AARON BLAKE, The Washington Post

Edward Snowden, a 29-year-old former undercover CIA employee, unmasked himself Sunday as the principal source of recent Washington Post and Guardian disclosures about top-secret National Security Agency programs.

Snowden, who has contracted for the NSA and works for the consulting firm Booz Allen Hamilton, denounced what he described as systematic surveillance of innocent citizens and said in an interview that “it’s important to send a message to government that people will not be intimidated.”

Director of National Intelligence James R. Clapper Jr. said Saturday that the NSA had initiated a Justice Department investigation into who leaked the information — an investigation supported by intelligence officials in Congress.

Snowden, whose full name is Edward Joseph Snowden, said he understands the risks of disclosing the information but felt it was important to do. “I’m not going to hide,” Snowden told The Post from Hong Kong, where he has been staying. The Guardian was the first to publicly identify Snowden, at his request. “Allowing the U.S. government to intimidate its people with threats of retaliation for revealing wrongdoing is contrary to the public interest.”

Asked whether he believed his disclosures would change anything, he said: “I think they already have. Everyone everywhere now understands how bad things have gotten — and they’re talking about it. They have the power to decide for themselves whether they are willing to sacrifice their privacy to the surveillance state.”

Snowden said nobody was aware of his actions, including those closest to him. He said there wasn’t a single event that spurred his decision to leak the information. “It was more of a slow realization that presidents could openly lie to secure the office and then break public promises without consequence,” he said.

Snowden said President Obama hasn’t lived up to his pledges of transparency. He blamed a lack of accountability in the Bush administration for continued abuses. “It set an example that when powerful figures are suspected of wrongdoing, releasing them from the accountability of law is ‘for our own good,’” Snowden said. “That’s corrosive to the basic fairness of society.” The White House did not respond to multiple e-mails seeking comment and spokesman Josh Earnest, who was traveling with the president, said the White House would have no comment Sunday.

A brief statement from a spokesperson for Clapper’s office referred media to the Justice Department for comment and said the intelligence community was “reviewing the damage” that had been done by the leaks. “Any person who has a security clearance knows that he or she has an obligation to protect classified information and abide by the law,” the statement said.

Snowden also expressed hope that the NSA surveillance programs would now be open to legal challenge for the first time. Earlier this year, in Amnesty International v. Clapper, the Supreme Court dismissed a lawsuit against the mass collection of phone records because the plaintiffs could not prove exactly what the program did or that they were personally subject to surveillance.

“The government can’t reasonably assert the state secrets privilege for a program it has acknowledged. The courts can now allow challenges to be heard on that basis,” Snowden said.

Snowden said he is seeking “asylum from any countries that believe in free speech and oppose the victimization of global privacy,” but the law appears to provide for his extradition from Hong Kong to the United States. Hong Kong is a semiautonomous territory of China, but while the United States doesn’t have an extradition agreement with China, it has had one with Hong Kong since 1998.

This means that the U.S. government could indict Snowden and seek to bring him back to American soil.

Such proceedings can take months and even years, but extradition expert Douglas McNabb said Snowden has not put himself in a favorable position. “The fact that he outed himself and basically said, from what I understand he has said, ‘I feel very comfortable with what I have done,’that’s not going to help him in his extradition contest,” McNabb said. “I am very surprised by the way that he’s handled it.”

Current and former U.S. intelligence officials said the revelation of Snowden’s role in the leaks would lead to a sweeping re-examination of security measures at the CIA and NSA, and described his apparent decision to come forward as a stunning conclusion to a week of disclosures that had already rattled the intelligence community. “This is significant on a number of fronts: the scope, the range. It’s major, it’s major,” said John Rizzo, former general counsel of the CIA, who worked at the agency for decades. “And then to have him out himself… I can’t think of any previous leak case involving a CIA officer where the officer raised his hand and said, ‘I’m the guy.’”

A half-dozen former intelligence officials, including one who now works at Booz Allen Hamilton, said they did not know Snowden or anything about his background. Still, several former officials said that he easily could have been part of a surge in the number of computer experts and technical hires brought in by the agency in the years after the Sept. 11, 2001, terrorist attacks as its budget and mission swelled. “Like a lot of things after 9/11, they just went on a hiring binge and in the technical arena young smart nerds were in high demand,” a former U.S. intelligence official said. “There were battalions of them.”

Officials said that the CIA and other spy agencies did not relax their screening measures as the workforce expanded. Still, several officials said that the agency would undoubtedly now begin reviewing the process by which Snowden was hired, seeking to determine whether there were any missed signs that he might one day betray national secrets. More broadly, the CIA and NSA may be forced to reexamine their relationships with contractors, who were employed in roles ranging from technical support to paramilitary operations before concerns about the outsourcing of such sensitive assignments prompted a backlash in Congress and pledges from the agencies to begin thinning their contracting ranks.

Some former CIA officials said they were troubled by aspects of Snowden’s background, at least as he described it in his comments to the Guardian. Snowden said he did not even have a high school degree. One former CIA official said it was extremely unusual for the agency to have hired someone with such thin academic credentials, particularly for a technical job, and that the terms Snowden used to describe his agency positions didn’t match internal job descriptions.

Snowden’s claim to have been placed under diplomatic cover for a position in Switzerland after an apparently brief stint at the CIA as a systems administrator also raised suspicions. “I just have never heard of anyone being hired with so little academic credentials,” the former CIA official said. The agency does employ technical specialists in overseas stations, the former official said, “but their breadth of experience is huge and they tend not to start out as systems administrators.”

Snowden’s name surfaced as top intelligence officials in the Obama administration and Congress pushed back against the journalists responsible for revealing the existence of sensitive surveillance programs and called for an investigation into the leaks. The Guardian initially reported the existence of a program that collects data on all phone calls made on the Verizon network. Later in the week, the Guardian and The Post reported the existence of a separate program, code-named PRISM, that collects the Internet data of foreigners from major Internet companies.

Clapper, in an interview with NBC that aired Saturday night, condemned the leaker’s actions but also sought to spotlight the media who first reported the programs, calling their disclosures irresponsible and full of “hyperbole.” Earlier Saturday, he had issued a statement accusing the media of a “rush to publish.”

“For me, it is literally — not figuratively — literally gut-wrenching to see this happen because of the huge, grave damage it does to our intelligence capabilities,” Clapper said.

On Sunday morning, prior to Snowden’s unmasking, Clapper got some backup from the chairs of the House and Senate intelligence committees, who appeared jointly on ABC’s “This Week” to espouse the values of the programs. House Intelligence Committee Chairman Mike Rogers (R-Mich.) had harsh words for the then-unnamed leaker and for the journalist who first reported the NSA’s collection of phone records, The Guardian’s Glenn Greenwald.

“[Greenwald] doesn’t have a clue how this thing works; nether did the person who released just enough information to literally be dangerous,” Rogers said, adding, “I absolutely think [the leaker] should be prosecuted.”

Senate Intelligence Committee Chairwoman Dianne Feinstein (D-Calif.) agreed that whoever had leaked the information should be prosecuted, and she sought to beat back media reports that suggest the Obama administration overplayed the impact of the programs. Greenwald, who appeared earlier on the same show, said the secrecy is the reason the programs must be laid bare. After opponents of the programs questioned their value last week, anonymous administration officials pointed to the thwarting of a bomb plot targeting the New York City subway system in 2009. Soon after, though, reporters noted that public documents suggested regular police work was responsible for thwarting the attack rather than a secret government intelligence program.

Feinstein confirmed that the programs were invaluable in both the New York case and another one involving an American plotting to bomb a hotel in India in 2008. “One of them is the case of David Headley, who went to Mumbai to the Taj [Mahal] Hotel and scoped it out for the terrorist attack,” Feinstein said. “The second is Najibullah Zazi, who lived in Colorado, who made the decision that he was going to blow up a New York subway.”

Feinstein noted that she could talk about those two cases because they have been declassified, but she suggested the surveillance programs also assisted in other terrorism-related cases. That explanation wasn’t enough to satisfy some critics of the programs.

Her Senate Intelligence Committee colleague, Sen. Mark Udall (D-Colo.), agreed that the PRISM program has “been very effective.” But he said the collection of Americans’ phone metadata has not proven so. “It’s unclear to me that we’ve developed any intelligence through the metadata program that’s led to the disruption of plots that we couldn’t obtain through other programs,” Udall said Sunday on CNN’s “State of the Union.”

Udall and two Democrats from Oregon — Sens. Ron Wyden and Jeff Merkley — have emerged as key voices critical of the phone record collection.

Another chief critic of the efforts, Sen. Rand Paul (R-Ky.), said he is looking at filing a lawsuit against the government and called on Americans to join in. “I’m going to be asking all the Internet providers and all of the phone companies, ask your customers to join me in a class action lawsuit,” Paul said on “Fox News Sunday.” “If we get 10 million Americans saying we don’t want our phone records looked at, then somebody will wake up and say things will change in Washington.”

This article originally appeared in The Washington Post. Greg Miller also contributed to this article.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Hong Kong here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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Russia Submits Bout Extradition Documents to U.S.

August 27, 2012

RIA Novosti on August 23, 2012 released the following:

“Russia has handed to the United States documents required by the country to consider the extradition of convicted Russian arms dealer Viktor Bout, the Russian Justice Ministry said on Thursday.

Earlier, Bout’s wife Alla addressed a message to the ministry asking for her husband to be transferred to Russia to serve his sentence at home. The ministry is Russia’s central body authorized to file extradition requests in the framework of the 1983 Convention on the Transfer of Sentenced Persons.

“In this connection, a request has been sent through the Russian Foreign Ministry’s diplomatic channels to the U.S. Department of Justice to provide documents stipulated by the convention’s Article 6,” the Justice Ministry said.

A former Soviet military officer, Bout was found guilty of conspiracy to kill U.S. nationals, including military officers and employees, conspiring to use anti-aircraft missiles, and selling millions of dollars’ worth of weapons to the Colombian rebel group FARC.

The businessman, who denies the charges against him, was sentenced to 25 years in April. Bout is serving his prison term in the United States Penitentiary, Marion (USP Marion) in Illinois.

The Russian ministry said there has been no response from the U.S. Department of Justice yet. It said that once the appropriate documents are provided, they will be submitted to a Russian court, which will make a ruling on administering the sentence in Russia.

The Russian Justice Ministry said a copy of such a ruling will “be handed to the U.S. Department of Justice as a guarantee that the sentence will be administered in Russia.”

Attorney General Eric Holder has said the United States may consider Bout’s extradition to Russia if it receives a request from the Russian authorities.

Article 6 of the Convention on the Transfer of Sentenced Persons stipulates that the sentencing state (in this case, the U.S.) provide to the administering state (Russia) a certified copy of the judgment and the law on which it is based. The sentencing state should also provide a statement indicating how much of the sentence has already been served, including information on any pre-trial detention and other relevant information.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

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New Zealand judge in Kim Dotcom extradition case steps down after jokingly calling US ‘enemy’

July 18, 2012

The Washington Post on July 18, 2012 released the following:

“By Associated Press

WELLINGTON, New Zealand — A New Zealand judge has stepped down from overseeing the extradition case of Megaupload founder Kim Dotcom after jokingly referring to the United States as “the enemy.”

The comment by Auckland District Court Judge David Harvey raised questions about his impartiality. He was discussing Internet copyright at a conference last week when he told an audience, “We have met the enemy, and he is U.S.”

Harvey’s comments referencing late cartoonist Walt Kelly were recorded and posted on the Internet.

The U.S. is attempting to extradite Dotcom on racketeering and money laundering charges that allege his file-sharing site was facilitating massive Internet piracy.

Harvey will be replaced by judge Nevin Dawson. An extradition hearing has been scheduled for March.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and New Zealand here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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International criminal defense questions, but want to be anonymous?

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US ‘the enemy’ says Dotcom judge

July 16, 2012

New Zealand Herald on July 16, 2012 released the following:

“By Hamish Fletcher

The judge due to hear Kim Dotcom’s extradition case has referred to the United States as “the enemy” in a discussion about copyright law.

District Court Judge David Harvey has heard parts of the case against the Megaupload founder, who was arrested with three colleagues in January after a request from the United States. The FBI has accused Dotcom and others working at Megaupload website of the world’s biggest case of criminal copyright violation.

Judge Harvey is not due to hear the internet mogul’s extradition case until next year but made his views on copyright known during the launch of the “Fair Deal” campaign last week.

The campaign is opposing any changes to New Zealand’s copyright laws that may form part of the Trans Pacific Partnership (TPP) agreement.

The TPP trade deal is currently being negotiated and the 13th round of talks are finishing up.

The negotiations are secret but it is known that the United States entertainment industry is pushing for stronger copyright provisions among the 11 countries in the Asia-Pacific region negotiating the deal.

When talking about how the TPP would affect copyright in New Zealand, Harvey said it could stop the practice of hacking around DVD region codes.

These codes can mean movie players in New Zealand are unable to read DVDs from other parts of the world such as the United States.

It is legal in New Zealand to use methods to get around these regional codes and make the DVDs watchable but Judge Harvey said the TPP would change this.

“Under TPP and the American Digital Millennium copyright provisions you will not be able to do that, that will be prohibited… if you do you will be a criminal – that’s what will happen. Even before the 2008 amendments it wasn’t criminalised. There are all sorts of ways this whole thing is being ramped up and if I could use Russell [Brown’s] tweet from earlier on: we have met the enemy and he is [the] U.S.”

Judge Harvey’s remark is a play on the line “we have met the enemy and he is us” by American cartoonist Walt Kelly.

The judge had used Kelly’s quip while speaking at an internet conference earlier last week and it was promoted on Twitter by Public Address journalist Russell Brown.

Judge Harvey, who has served on the bench since 1989, would not comment when asked if these statements were appropriate given his involvement in Kim Dotcom’s case.

Auckland University law professor Bill Hodge said the comments could be seen as “unhelpful”.

However, without knowing the details of the TPP discussion or related copyright issues he was unable to say whether the comments were appropriate.

“To the extent that the North Shore District Court has some jurisdiction, it can be seen as probably an extra-judicial comment that isn’t helpful.

“But on the other hand, it was part of a quasi-academic conference discussing developing areas of law. I think judges should be free to make comments, as long as it doesn’t appear to show any predetermination with respect to the specific case in the court before them.”

Crown Law, which is representing the FBI in the extradition case, would not comment on the issue.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and New Zealand here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

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Kim Dotcom: I’ll extradite myself to US if they give my money back

July 12, 2012

The Guardian on July 10, 2012 released the following:

“Megaupload founder fighting extradition from New Zealand says he is determined to beat American authorities at their ‘foul game’

Toby Manhire in Auckland

From a semi-rural suburb north of Auckland, Kim Dotcom is mounting an increasingly belligerent counter-offensive against US authorities’ efforts to prosecute him over his now defunct Megaupload file storage site.

In an interview with the Guardian, Dotcom, who remains on bail in Coatesville, New Zealand, awaiting an extradition hearing, declared himself to be in “fighting mood” and eager to refute a “case built on malicious conduct”.

The charges against him, he said, were part of a “foul game” on the part of the US government, and that funds permitting, “I am going to war.”

Dotcom is being sought by the US to face criminal copyright charges related to the MegaUpload file storage site, which at its peak amounted for an estimated 4% of all internet traffic.

Prosecutors allege he and his co-accused associates were complicit in and encouraged the distribution of copyright-protected films, music and other material.

The German-born New Zealand resident’s remarks, in an email interview with the Guardian, follow Tuesday’s announcement that his extradition hearing, scheduled to begin in less than a month, has been put back until April next year.

On Wednesday morning Dotcom laid down the gauntlet to the US department of justice, offering to travel to the US under his own steam and faces charges – with conditions. “Hey DOJ,” Dotcom said on his Twitter account, “we will go to the US. No need for extradition. We want bail, funds unfrozen for lawyers and living expenses.”

He told the Guardian that the offer was genuine but he was not holding his breath. “Considering the way the US government has conducted their case and the way I was treated, I never expect to get a fair trial in the United States,” he said.

“We are not expecting to hear back regarding the offer and I remain committed to fighting extradition in New Zealand.”

Dotcom has 22 lawyers working on his case in different countries. He says he faces a mounting legal bill, exacerbated by the rescheduled extradition hearing.

The delay was made inevitable by the need to first resolve a clutter of outstanding legal disputes. The Auckland high court ruled last month that the January raid on Dotcom’s mansion was conducted illegally, that evidence has been wrongly withheld from his legal team, and that the FBI had inappropriately cloned hard drives and taken them from the country.

An earlier district court instruction for the FBI to provide copies of cloned drives to Dotcom’s lawyers is expected to be appealed, and other decisions may also be taken to higher courts.

Those who interpreted the postponement as a victory for Dotcom were mistaken, he told the Guardian. “People might think it’s good news. But it’s not. Justice delayed is justice denied. And that’s the foul game the US government is playing. They have terminated my business without a trial. They have frozen my assets without a hearing.

“They are appealing the decision of a New Zealand judge who has ordered the US government to provide evidence before the extradition hearing starts.”

US authorities had dragged other countries into a vendetta driven by special interests, he said. “They have been misleading the Hong Kong and New Zealand government to destroy a legitimate business and 220 jobs by telling them stories about child pornography and terrorist propaganda on Megaupload,” he said.

“This whole case is built on malicious conduct. It is a stillborn case and everyone can see it. I am in a fighting mood and if I get my assets unlocked or somehow find funding to defend myself I am going to war.”

The Megaupload founder last week alleged that the pursuit of Dotcom was directly ordered by the US vice-president, Joe Biden, at the behest of Hollywood studio executives – a claim the Motion Picture Association of America has rejected.

Next in Dotcom’s sights is Biden’s boss, in a rather more colourful medium. Dotcom, who has been recording an album with the help of Black Eyed Peas producer Printz Board at studios belonging to Crowded House’s Neil Finn, is expected to release a new song and video this week pointing the finger directly at Barack Obama. The song reportedly includes the lyrics “”We must oppose / those who chose / to turn innovation into crime”.

The track, Dotcom wrote in an email to the Guardian, would mark “the birth of a powerful movement and CHANGE””

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and New Zealand here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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Former Policeman Mark Russell is Extradited to Jamaica from the United States To Face a Murder Charge

June 18, 2012

The Gleaner on June 17, 2012 released the following:

“Ex-Cop Extradited! – Jamaica Foots The Bill As US Sends Policeman Back To Island To Face Murder Trial

In a historic move last Friday, a former cop – Mark Russell – was finally extradited from the United States (US) to face a murder charge in Jamaica.

Russell was quietly escorted back to the island last Friday afternoon by two members of the local police force almost five years after the July 2007 murder of 18-year-old Ravin Thompson and three years after Director of Public Prosecutions (DPP) Paula Llewellyn ruled that he and another former policeman, Morris Lee, were to be charged with the killing of the teenager.

Both men reportedly fled the country before the DPP ruled on the killing.

“It is historic!” Llewellyn said of the return of the former cop.

“(Or) let us put it this way, I can understand if some persons would characterise it as historic,” said Llewellyn, as she told The Sunday Gleaner that she could not recall another case involving a person being extradited from the US to Jamaica to face criminal proceedings.

“I’ve been a prosecutor at the office for the last maybe 26 years … . I certainly would have to say that I have never seen before a former police officer who was on the run being extradited back to Jamaica … ,” said Llewellyn.

“I am aware that he has been extradited to Jamaica. So the next step is that we don our Office of the DPP hat pursuant to section 94 of the Constitution and we proffer a voluntary bill of indictment charging him for murder.”

Llewellyn lauded deputy DPP Jeremy Taylor, head of the extradition unit, and other members of team for their contribution to the case. She also heaped praises on her counterparts in the US.

“I would also have to register my appreciation to our international partners at the justice department who we have always had an excellent working relationship with … and this is just another example as far as we are concerned of the product of that excellent working relationship … and long may it continue,” said Llewellyn.

The DPP explained that the Jamaican Government had to pay for Russell’s flight back to the island because in extradition matters the requesting State is required to foot the cost of repatriating the accused to its country.

“My information is that arrangements were made for law enforcement officers, I think two, to travel to the United States to pick him up and carry him back here,” she revealed.

Early last month, a court in the US threw out an appeal by the fugitive ex-member of the constabulary force, paving the way for his extradition.

The former constable was ordered extradited by a judge in New York last September.

Russell filed an appeal claiming that Jamaican prosecutors had mishandled the evidence relating to his extradition and that he could not get a fair trial here.

But, a US district judge dismissed the appeal and ruled that he should be sent to Jamaica to face the music.

Conflicting accounts

Thompson was killed in what the police said then was a shoot-out with gunmen. But relatives and others who claimed to have witnessed the incident disputed the report saying the teen was murdered by members of a joint police-military team that was on patrol in Whitfield Town, St Andrew.

Local commentators have often lambasted the extradition relations between the US and Jamaica, charging that it is lopsided as no one has ever been extradited from Jamaica’s neighbour up north to face criminal proceedings here.

Llewellyn told our news team that it was one of the regular consultations that her office has with its international partners that resulted in the initiating of the extradition proceedings that culminated on Friday.

“We usually do consultations – formal and informal – from time to time with our international partners at the US Depart-ment of Justice, and when the name came up we checked our files and discovered that it was the same Mark Russell who we had ruled on and that he had fled the jurisdiction,” she said.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

————————————————————–

We previously discussed the extradition treaty between the United States and Jamaica here.

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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New Zealand court tells U.S. to reveal MegaUpload evidence

May 29, 2012

CNet on May 29, 2012 released the following:

“A court tells New Zealand and U.S. governments that they have three weeks to show what they have to support their indictment against MegaUpload managers.

by Greg Sandoval

A New Zealand judge wants to see the evidence against MegaUpload’s managers.

Judge David Harvey has given New Zealand law enforcement officials three weeks to provide documentary evidence against managers of the cloud-storage service accused of encouraging massive copyright infringement.

Harvey was responding to a request made by MegaUpload’s lawyers to require New Zealand, which is pressing the case on behalf of the United States, to fully disclose the evidence against company managers. The U.S. government in January indicted MegaUpload’s founder Kim DotCom and five others connected to the company on criminal copyright charges.

As part of that indictment, DotCom’s home was raided by New Zealand police, his possessions seized and he was thrown in jail. The United States wants to try DotCom and the other defendants in its own country and an extradition hearing in New Zealand is scheduled for August 6.

Before that happens, Harvey wants to give DotCom’s lawyers a chance to review the evidence against the defendants. Though the U.S. Department of Justice (DOJ) included some e-mail conversations and documents in the MegaUpload indictment, Harvey wants them to see everything they have.

“This [court decision] makes the playing field more even,” said Ira Rothken, the attorney who is overseeing MegaUpload’s worldwide defense. “I think this is a very significant ruling for New Zealand because it demonstrates that New Zealand courts will intervene to protect the rights of its residents from foreign intrusion…we’re looking forward to this disclosure. Once there is full transparency into the government’s claims we believe Kim DotCom and the rest of those involved with MegaUpload will prevail.”

A spokesman for the U.S. Attorney for the Eastern District of Virginia, the office that filed the indictment against MegaUpload, was not immediately available for comment. We will update as soon as we hear back.

Harvey also ruled that DotCom can remove the electronic monitoring device from his ankle and move back into the mansion where he lived prior to the January 19 raid on his home, Rothken said. Since his arrest, DotCom had been living in a smaller residence adjoining the so-called DotCom mansion.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and New Zealand here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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