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 @ 5:35am

    Re: A quick fix, and a great way to seriously stymie the USG...

    put it this way: the current government is on thin ice as it is. if the high court does anything Other than that or forcing the US to hand the evidence over to the defendant (and tossing the whole case if they refuse), if it looks in ANY way like there was undue influence from the government here (and it will, whether there is or not) ...

    let's just say, combined with the asset sales, the curren't government's odds of staying in power are pathetic.

    that said, given who's in it, the asset sales make sense in light of that... they try to run the country like a corporation, and their leadership is known for being of the mindset that 'asset stripping things then selling the failing husk on is totally legit business' and the like... guess that would explain the asset sales...

    added bonus: they're putting serious effort into breaking the school and social welfare systems too. (the social welfare system has issues that are basically unfixable without a fundamental shift in how the government views the economy and economics as a whole, however. and just tossing it entirely would probably collapse the government far more easily than the so called 'constitutional crises' which would supposedly happen should the GG actually do their job...)

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