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. identicon
    Anonymous Coward, 17 Jun 2012 @ 9:03am

    'it would take at least two months" to get the evidence together.'
    what i think this points out is that regardless of whether the DoJ actually does have any real evidence against Kim and Co., the incompetence is staggering! anyone that was trying to prosecute someone would surely at least keep all evidence found in chronological order and backed up on a computer as well as on a removable drive, in case of some disaster or other?
    i think it also brings into the open the absolutely disgraceful behaviour of the DoJ and their expectation of being able to do exactly what they want, when they want regardless of where they and their victim(s) may be, without even the slightest concept that they are not in charge of that world, that different countries have different laws to the USA and those countries are not obliged to uphold US laws. i am still waiting for the threats to be issued to the NZ court and government and how quickly they fold to US pressure. fascism seems to be alive and thriving quite well in places no one would normally associate it with. might just as well have saved millions from dying needlessly and let it rule 70+years ago!

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