New Zealand's High Court Steps Into Extradition Fight Over Kim Dotcom

from the not-so-simple dept

As the Justice Department continues to pretend there's nothing strange at all about its highly questionable tactics in shutting down Megaupload and having its executives arrested, the courts are still struggling with the details. A few weeks back, we noted that a judge in New Zealand rejected the US's demand that New Zealand merely rubberstamp an extradition order to the US, despite there being numerous questions over the case itself and whether or not extradition is appropriate. As part of that, the judge also ordered the US Attorneys to hand over the evidence they're using to make the case against Dotcom and his colleagues, such that they can properly respond to the evidence. The US, as you might expect has gone absolutely ballistic about this, insisting that such an effort is impossible -- and that "it would take at least two months" to get the evidence together.

Of course, to some of us, that suggests that the DOJ hasn't yet looked at the evidence -- and thus it shut down the company and arrested its staff first, without even knowing if a crime had been committed.

Either way, that months-long delay presented a problem, since New Zealand had scheduled the extradition hearing for August 6th, and the Megaupload legal team deserved some time with the evidence to formulate its defense. The latest, however, is that New Zealand's High Court has agreed to an "urgent review" of the original ruling. The court also told the US to start the process of putting together the evidence to hand over to Dotcom's lawyers, but that it can wait until the High Court has reviewed the case before actually handing them over.

No matter what, this is once again showing the US's hubris in this case -- assuming it could waltz into New Zealand, with highly questionable evidence, shut down a company, and extradite the executives to the US without anyone asking questions. With each move in this case, more questions are raised about the competence of the DOJ staff who worked on this case, led by Neil MacBride -- a former "anti-piracy VP" for the copyright industries, who may have let his biases and previous (and future?) employers' interests get the best of him.

Filed Under: copyright, doj, evidence, extradition, high court, kim dotcom, neil macbride, new zealand, us
Companies: megaupload


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  1. icon
    Chargone (profile), 16 Jun 2012 @ 5:19am

    Re: Re: Re:

    unfortunately, under the current government, and after the previous government (assuming you count based on who is PM not based on election cycles) stripped the Privy Council (technically the monarch.) out as the final court of appeal and replaced it with something that parliament can more easily lean on*, the answer to that question is not as cut and dried as it might be.

    'course, under the previous government odds are good this never would have got off the ground. oh, they were willing enough to bend over for the US government in terms of it's Goals... but methods? nope. play by the rules or not at all. (not that they wouldn't shamelessly take advantage of the rules, but every step along the way would be legit.)

    *no, the public did NOT approve. it was yet another 'sneak it through without warning and only tell anyone about it after the fact' law change. a chronic problem here that will not end until we actually get a governor willing to do their damn job. not that there's any hope of That. (seriously, as constitutional monarchies go, NZ's actually set up to be quite absolutist in a lot of ways... and then the monarch doesn't rule directly, but appoints a governor, and then the governor abdicates almost all responsibility to parliament... leaving parliament with those absolute powers WITHOUT a counter-balancing power to keep it in line...)

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