Kim Dotcom Loses Appeal Concerning Extradition
from the it's-going-to-happen-eventually dept
To date, Kim Dotcom has been having a long string of victories in court in his ongoing battle with the US concerning their attempt to extradite him and try him in the US for creating and running Megaupload. One of the big victories was the district court ruling that the FBI needed to reveal its evidence against Dotcom as a part of the extradition procedure. The US DOJ had been arguing that the evidence only matters for the US trial, and that New Zealand should effectively rubberstamp the extradition. Eventually, you knew there had to be some setbacks in Dotcom's case, and now an appeals court has overturned that earlier ruling, and said that the FBI does not need to reveal its evidence.
In its judgment, the Court of Appeal says extradition hearings are not criminal trials and that the judge deciding whether to order extradition has only to be satisfied there is a case to answer.Dotcom has made it clear that he's going to appeal this to the Supreme Court, so there's still the possibility of at least one more level of review before this is over. I'm sure there are specific reasons for today's ruling, but I have to admit it does seem odd that you can pull someone out of their home country and take them across an ocean without having to actually prove you have an actual case first. The idea that the US government is doing any of this in "good faith" seems like an assumption that isn't particularly supportable in reality.
The court said the US government had a duty of "candour and good faith" in making an extradition bid, but a summary of the evidence held would suffice.