“US asks Bolivia to extradite Snowden” – How’s that for being proactive?

July 3, 2013

The Australian on July 4, 2013 released the following:

AAP

“THE US government has asked Bolivia to extradite fugitive US intelligence leaker Edward Snowden should he arrive on Bolivian soil, the country’s foreign minister David Choquehuanca says.

Bolivian President Evo Morales’s plane was diverted late on Tuesday to Vienna on suspicion that Snowden was on board, sparking a row between La Paz and several European countries.

“The United States sent us a note in which it asks for the extradition of its citizen Edward Snowden should he be in Bolivia,” Choquehuanca told Telesur television.

The minister said he had not yet read the note in its entirety, and that La Paz would “review the entire diplomatic note before deciding.”

Choquehuanca said he believed the note was no accident, as “the United States believed Snowden was on the presidential plane” with Morales.

In Washington, the State Department said it had asked that Snowden be returned from any country where he might land or attempt to transit, without naming countries.

“We’ve broadly asked for Mr. Snowden to be returned from any country where he may be, where he may land, where he may transit,” State Department spokeswoman Jen Psaki told reporters.

The spokeswoman noted that the United States has an extradition treaty with Bolivia.

A State Department official confirmed that Washington still believed Snowden was in the airport in Moscow and had not left for Bolivia.”

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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 Bolivia 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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International criminal defense questions, but want to be anonymous?

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“Is Edward Snowden stateless and where can he go?”

July 2, 2013

The Guardian on July 2, 2013 released the following:

“Even if another state grants Snowden asylum and issues him with a letter of passage, Russia would have to agree to accept it

A Guardian guide to extradition – interactive

Owen Bowcott, legal affairs correspondent

Is Edward Snowden stateless?

The US whistleblower has accused Washington of revoking his passport, leaving him a stateless person. The Obama administration, however, insists it has only cancelled the validity of Snowden’s travel document, not deprived him of citizenship. The US State Department has now offered him a “one-entry travel document” to return home – an option unlikely to tempt Snowden to board a US-bound plane.

Can he be rendered stateless?

Making anybody stateless is formally forbidden by the universal declaration of human rights, adopted by the United Nations in 1948. , which declares under article 15 that: “(1) Everyone has the right to a nationality; (2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” Individuals can voluntarily renounce their US citizenship – but they have to turn up in person at a US embassy.

Are airports outside national territory?

States normally retain full control over airside transit areas. Russia appears to be treating Moscow’s Sheremetyevo international airport, where Snowden is believed to be hiding, as beyond its control. Gemma Lindfield, a London barrister specialising in extradition and international law, said: “Russia is taking the view that he has not entered Russian territory. It’s finding a reason to do what it wants. The authorities have redefined the space of the airport as international.”

What documents would Snowden require to leave Moscow?

Ecuador initially provided him with a laissez-passer (from the French for “let pass”), or temporary letter of passage, requesting a country to allow a person without other identity documents to cross international borders. But even with a laissez-passer, Lindfield said, “Russia would have to agree to accept it. It would also come down to whether the airline carrier would be happy to take him.”

How long can anyone remain in an airport?

Mehran Karimi Nasseri, an Iranian refugee, lived in the departure lounge of Charles de Gaulle airport in Paris for 18 years. His story, Terminal Man, was later turned into a film, The Terminal. Another Iranian refugee, Zahra Kamalfar, spent 10 months at Sheremetyevo airport before flying on to Canada in 2007. Apart from Julian Assange, who is confined to Ecuador’s embassy in London, others trapped in long-term legal limbo have included Archbishop József Mindszenty, the Catholic primate of Hungary, who spent 15 years in the US embassy in Budapest.

What are Snowden’s other options?

Formal requests for asylum have been lodged on Snowden’s behalf with 21 states. His initial applications were to Ecuador and Iceland. The WikiLeaks activist Sarah Harrison has submitted additional letters to Austria, Bolivia, Brazil, China, Cuba, Finland, France, Germany, India, Italy, Ireland, the Netherlands, Nicaragua, Norway, Poland, Russia, Spain, Switzerland and Venezuela.

How are those requests progressing?

Snowden has withdrawn his asylum request to Russia because it said he would be welcome only if he stopped “his work aimed at bringing harm” to the US. Norway, Poland, Germany, Austria, Finland, Spain and Switzerland say that asylum requests can only be made on their soil. Ecuador is reported to have revoked the safe passage letter written for Snowden to leave Hong Kong because the president, Rafael Correa, was not informed before it was issued.

Which country should he choose to escape the reach of US justice?

States that do not have extradition treaties with the US are likely to offer the best hope of securing his freedom. But lawyers point out that even the absence of a treaty may not be sufficient protection against extradition. The UK has managed to extradite suspects from Somalia through case-by-case bilateral agreements. In the end his asylum may come down to political will more than international law. “You would do well to choose a country that has historically terrible diplomatic relations with the US,” Lindfield suggested.”

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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?

Free Skype Tel: +1.202.470.3427, OR

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           Office Locations

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Douglas McNabb Appeared on the Steve Malzberg Show to Discuss Further Developments Regarding Edward Snowden’s Extradition Case – 7/2/2013

July 2, 2013

Douglas McNabb appeared on the Steve Malzberg show on July 2, 2013, to discuss further developments regarding the Edward Snowden extradition case, Russia, and Mr. Snowden’s asylum requests.

The video may be found here: Douglas McNabb, International Attorney & Senior Principal at McNabb Associates.

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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?

Free Skype Tel: +1.202.470.3427, OR

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Edward Snowden Asylum – 21 States – As of 1:30 pm ET

July 2, 2013

Edward Joseph Snowden asylum responses and our extradition treaties with those States:

  1. Austria – Snowden must be on Austria’s soil in order to complete the request
    Extradition:Austria Extradition Treaty with the United States
  2. Bolivia – Possibly might grant asylum
    Extradition:Bolivia Extradition Treaty with the United States
  3. Brazil – Snowden has been denied asylum
    Extradition:Brazil Extradition Treaty with the United States
  4. China – No response reported as of this posting
    Extradition with Hong Kong: China (Hong Kong) Extradition Treaty with the United States
  5. Cuba – No response reported as of this posting
    Extradition:Cuba Extradition Treaty with the United States
  6. Ecuador – Snowden must be on Ecuador’s soil in order to complete the request
    Extradition:Ecuador Extradition Treaty with the United States
  7. Finland – Snowden must be on Findland’s soil in order to complete the request
    Extradition:Finland Extradition Treaty with the United States
  8. France – No response reported as of this posting
    Extradition:France Extradition Treaty with the United States
  9. Germany – No response reported as of this posting
    Extradition:Germany Extradition Treaty with the United States
  10. Iceland – Snowden must be on Iceland’s soil in order to complete the request
    Extradition:Iceland (Denmark) Extradition Treaty with the United States
  11. India – Snowden’s asylum request has been denied
    Extradition:India Extradition Treaty with the United States
  12. Ireland – Snowden must be on Ireland’s soil in order to complete the request
    Extradition:Ireland Extradition Treaty with the United States
  13. Italy – Snowden’s asylum request has been denied
    Extradition:Italy Extradition Treaty with the United States
  14. Netherlands – No response reported as of this posting
    Extradition:Netherlands, Netherlands Antilles, and Aruba Extradition Treaty with the United States
  15. Nicaragua – No response reported as of this posting
    Extradition:Nicaragua Extradition Treaty with the United States
  16. Norway – Snowden must be on Norway’s soil in order to complete the request
    Extradition:Norway Extradition Treaty with the United States
  17. Poland – Snowden’s asylum request has been denied
    Extradition:Poland Extradition Treaty with the United States
  18. Russia – Snowden has withdrawn his asylum request
    No Extradition Treaty
  19. Spain – Snowden must be on Spain’s soil in order to complete the request
    Spain Extradition Treaty with the United States
  20. Switzerland – No response reported as of this posting
    Extradition:Switzerland Extradition Treaty with the United States
  21. Venezuela – Possibly might grant asylum
    Extradition:Venezuela Extradition Treaty with the United States

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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.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


Douglas McNabb Appeared on the Steve Malzberg Show to Discuss Further Developments Regarding Edward Snowden’s Extradition Case

July 1, 2013

Douglas McNabb appeared on the Steve Malzberg show on June 24, 2013, to discuss further developments regarding the Edward Snowden extradition case.

The video may be found here: International Attorney, Douglas McNabb, on Extradition of Snowden.

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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.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

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Douglas McNabb Appeared ‘On the Record with Greta Van Susteren’ – FOX News to discuss Edward Snowden Extradition Case

July 1, 2013

Douglas McNabb appeared ‘On the Record with Greta Van Susteren’ – FOX News on June 10, 2013, to discuss the Edward Snowden extradition matter.

The video may be found here: NSA ‘whistle blower’s’ ultimate road to US justice.

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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.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

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“Hong Kong silent so far on Edward Snowden extradition”

June 22, 2013

The Independent on June 22, 2013 released the following:

Associated Press

“Hong Kong has remained silent thus far on whether former National Security Agency contractor Edward Snowden should be extradited to the United States now that he has been charged with espionage, but some legislators said the decision should be up to the Chinese government.

Edward Snowden, believed to be holed up in Hong Kong, has admitted providing information to the news media about two highly classified NSA surveillance programs.

The Hong Kong government had no immediate reaction to the charges against Snowden. Police Commissioner, Andy Tsang, when was asked about the development, told reporters only that the case would be dealt with according to the law. A police statement said it was “inappropriate” for the police to comment on the case.

When China regained control of Hong Kong in 1997, the former British colony was granted a high degree of autonomy and rights and freedoms not seen on mainland China. However, under the city’s mini constitution Beijing is allowed to intervene in matters involving defence and diplomatic affairs.

Outspoken legislator Leung Kwok-hung said Beijing should instruct Hong Kong to protect Snowden from extradition before his case gets dragged through the court system. Leung also urged the people of Hong Kong to “take to the streets to protect Snowden.”

Another legislator, Cyd Ho, vice-chairwoman of the pro-democracy Labour Party, said China “should now make its stance clear to the Hong Kong SAR (Special Administrative Region) government” before the case goes before a court.

China has urged Washington to provide explanations following the disclosures of National Security Agency programs which collect millions of telephone records and track foreign Internet activity on US networks, but it has not commented on Snowden’s status in Hong Kong.

A formal extradition request, which could drag through appeal courts for years, would pit Beijing against Washington at a time China tries to deflect US accusations that it carries out extensive surveillance on American government and commercial operations.

Snowden’s whereabouts have not been publicly known since he checked out of a Hong Kong hotel on June 10. He said in an interview with the South China Morning Post that he hoped to stay in the autonomous region of China because he has faith in “the courts and people of Hong Kong to decide my fate.” Tsang said in interview broadcast on local television that he could not comment when asked about a local newspaper report that Snowden was in a police “safe house.”

Snowden and his supporters have also spoken of his seeking asylum from Iceland.

A prominent former politician in Hong Kong, Martin Lee, the founding chairman of the Democratic Party, said he doubted whether Beijing would intervene at this stage.

“Beijing would only intervene according to my understanding at the last stage. If the magistrate said there is enough to extradite, then Mr. Snowden can then appeal,” he said.

Lee said Beijing could then decide at the end of the appeal process if it wanted Snowden extradited or not.

The process could become a prolonged legal battle, with Snowden contesting extradition on grounds of political persecution.

Hong Kong lawyer Mark Sutherland said that the filing of a refugee, torture or inhuman punishment claim acts as an automatic bar on any extradition proceedings until those claims can be assessed.

“Some asylum seekers came to Hong Kong 10 years ago and still haven’t had their protection claims assessed,” Sutherland said.”

As International Extradition Lawyer Douglas C. McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal crimes:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

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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 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.

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email: