Cyberyeti, on 2012-April-07, 09:02, said:
Some of the cases in point:
Christopher Tappin:
http://friends-extra...istopher_tappin
Gary McKinnon:
http://www.friends-e...s/gary_mckinnon
Natwest 3:
http://www.friends-e...e_natwest_three
Richard O'Dwyer:
http://www.friends-e.../richard_odwyer
The point of all these (and another one involving internet gambling) is that all these cases could have been tried in Britain and most were investigated and it was decided there was no case to answer. The case of ordering a hit abroad, might well be extradited, or if the legal system of the foreign country wasn't trusted, be tried here.
The point was that Tony Blair passed this extradition treaty only avoiding a revolt in our parliament by saying this would only be used for terrorism stuff. It has then been used for everything else.
Also because these people have the temerity to legally contest their extradition, they are automatically held in custody and not bailed in the US as "flight risks". Tappin was so much of a flight risk he actually drove himself to Heathrow unescorted. Frequently they are held in solitary for months->years before trial. Also they get no help with legal costs and tend to be bankrupted whether they win or lose. In the UK, unlike the US, you lose everything including your house if you go bankrupt. Hence what normally happens is they plead guilty at a very early stage to something they didn't do, get a sentence lower than the time already served and the US sends them home saying it's a triumph for American justice.
I read the first case, the one about Tappin, and I guess my reaction is one of uncertainty. A couple of preliminary points. While not being any sort of legal expert, I believe that , contrary to what was said/implied, there are restrictions on entrapment in the US. Details might differ. I am pretty sure a law officer cannot suggest stealing something and then arrest the thief. Otoh, there are stings where, for example, a used auto parts store is opened up and perhaps there is some chat about how they don't much care where then parts came from. Not being in either the law business or the thieving business I am not clear about where the line is. Approximately this maybe: If there already are shops out there buying stolen auto parts, law enforcement is allowed to pose as one of them. Or batteries, I suppose.
There are a number of irrelevancies in the article. He is retired (although wasn't at the time of the charge). He is a big shot in the golf association. Great. When I have served on cheating cases at the U we would usually hear from a minister that the alleged cheater had been in church every Sunday. That's nice.
I suppose that these batteries, for which an export license would not be granted, are not exactly the sort of batteries I put in my flashlight.
The case might well be bogus. It's possible. It would seem like a terrible squandering of resources and of international goodwill to pursue a bogus case such as this, but yes I acknowledge it could be. But if so, the UK can deal with it. Tell the US to shape up if we want to preserve the current extradition arrangement. My guess is that the case is not nearly as bogus as Tappin's supporters make out, but I don't know. How could I? I observe that usually people, when accused of a crime, say that they did nothing wrong. Sometimes that is true. Sometimes it isn't.
This issue of inadvertently breaking a law is a serious issue. We invite foreign scientists to come to the University. In math it is not too much pf a problem but the phyicists have to be careful. Inviting a nuclear physicist from Iran to visit for a semester would probably be a serious blunder. I haven't had the need to learn about such things but if I were a nuclear physicist planning on inviting folks from Iran, I would carefully check (and get the answer in writing) before going forward.
Somehow I think a businessman who is sophisticated enough to arrange, from his home in the UK, for military use batteries in the US to be shipped to a third country, probably knows something about the licensing procedures involved. Just a guess.
I will read the other examples, just not right now.