FBI Continues To Insist There's No Reason For Kim Dotcom To Be Able To See The Evidence Against Him

from the of-course-not dept

We already noted that the New Zealand judicial system apparently isn't as willing as the US expected to rubberstamp approval of the extradition of Kim Dotcom. Part of that ruling was a requirement that the US turn over the evidence they're using against Dotcom, so that he can counter it in fighting against the extradition. However, it appears that the US is still fighting this, having the New Zealand prosecutor (who is fighting on their behalf) argue that Dotcom should only be allowed to see a single document out of the 22 million emails the FBI collected and that this really isn't a matter for the New Zealand courts to concern themselves with, as they should just let the Americans handle it.
Crown lawyer John Pike argued that there was no need for Dotcom to have access because he was not being tried in New Zealand.

The judge in the extradition case needed only to decide if there was a case for him to answer in the US, Mr Pike said, and that question was answered by the record of case.
That's kind of amazing when you think about it. He shouldn't be allowed to even see the evidence against him... even if it might prove that there is no "case for him to answer to in the US." That's what's so troubling about the US position on cases like this one and the O'Dwyer/TVshack case. They seem to assume that it shouldn't be of any concern if they drag someone thousands of miles across oceans to face trumped up charges in the US.

Filed Under: extradition, fbi, john pike, kim dotcom, new zealand

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  1. icon
    TtfnJohn (profile), 6 Jul 2012 @ 9:53pm


    Sigh. Activist judge syndrome again.

    Part of the job of an extradition hearing is to determine if there is an actual case for Dotcom to face once he gets to the United States not just the FBI's word that there something there.

    Nor is it really up to the FBI to decide. An extradition case is national government to national government which is where, in the end, should this start to hang on the rocks even at high tide where it will start to move forward again.

    The mere fact that the FBI is only wanting to release a cherry picked, summary document to the court isn't good. That leads extradition courts and judges to think they don't have an actual case. Not that they're the only ones thinking that.

    In discovery in any court you produce what the judge asks/tells you to produce. The FBI knows that. And New Zealand, like many other countries gets their dander up when an American law enforcement agency, particularly one with a reputation as poor as the FBI's refuses to do it.

    If the hearing was being held in Canada there's something like a 100% chance that the extradition would have been denied almost the moment that came in. It's called go pull someone else's chain and, by the way, we're independent not your damned colony. Dotcom walks. You ain't got to case.

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