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Judge In Kim Dotcom Extradition Case Steps Down
First time accepted submitter Kalriath writes "After calling the United States 'the enemy' at the NetHui conference last week (reported on Slashdot), Judge David Harvey has stepped down from the Dotcom case citing beliefs that the comments could reflect on his impartiality.
From the New Zealand Herald: 'An Internet law expert, Judge Harvey had been considered the perfect choice to hear arguments on whether Dotcom and his Megaupload colleagues should be extradited by the United States to face charges of criminal copyright violation. The district court's chief judge Jan-Marie Doogue said Judge Harvey had made the decision to step down from hearing the case. "He recognizes that remarks made in the context of a paper he delivered on copyright law at a recent Internet conference could reflect on his impartiality and that the appropriate response is for him to step down from the case."'"
The US bribed someone to get him out of the way so they can get a more acquiescent judge who won't give a damn about what the law says and about all the laws the FBI violated in either country.
Probably the music industry bribed someone.
How much do you want to bet a judge who just "happens" to have a history of going harder on extradition cases, and just "happens" to have little to no experience, professionally or personally, using any technology developed after 1985?
His gesture of stepping down marks him exactly as the perfect one to judge the case as he is showing his ability to be self conscious of his own bias and manage it properly
And the difference between the two is?
The surprising thing about US politicians is not that they can be bought, but how cheaply this can be done. The movies have suitcases full, the average senator goes for a few thousand.
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You may solo them, I prefer them in a group.
Or maybe he stepped down because he believed that given his comments, one might reasonably question his impartiality in this case.
Personally, while I agreed with him, I was amazed to read he actually said that.
Does that really make him impartial, or does that show he is knowledgeable enough about the subject at hand to properly motivate any decision of his ? A clueless judge would only be a better option only for the prosecution alone. Having an informed opinion about copyright law and its potential international abuses is a sign of someone who knows what is going on and what matters.
Maybe we deserve this world ?
Well, he made the right decision right? I don't get why so many people on slashdot is saying it's the wrong decision. If this was judge who commented against dotcom in similar way Slashdot would be outraged if he didn't step down.
The judge recused himself. He didn't step down. It might be a difference in international terminology, but I saw the headline and assumed the judge had left his position as a judge.
+5 Insightful for a conspiracy theory that doesn't even make sense? Seriously?
I guess when a judge is biased in a way we don't like (i.e. the Pirate Bay trial) he's terrible and should be removed from the case, but when he's biased in a favorable way he's the best one for the case? Also, if this judge is so awesome, why can he be bribed? If he can be bribed, why doesn't the US just have him rule in their favor, rather than make him step down so another judge can be bribed for the ruling?
The simple answer is he's as good of a judge as we hoped, but as any good judge would do, he recognizes his bias. Maybe he has enough faith in the other judges that he feels that the case would go better with someone else, as opposed to him staying on the case and giving the US a strong case for a successful appeal.
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Not quite sure why you lost mod points here. For once we read about a judge doing the ethical thing, just very unfortunate that it is our loss. We can't win huh.
None of us know everything. Therefore we're all naïve.
Judge Harvey's ethical breach was in commenting on subject matter closely related to a pending case. How did he think giving an interview was even remotely proper?
They're human and they have a right to free speech and expression - outside the court. The problem here is discussion of issues relating to a case that will be heard in Judge Harvey's courtroom. These aren't comments he made years ago and just now he's being reminded. Harvey saw he was having his fifteen minutes and couldn't keep his mouth shut. He either had to recuse himself or he laid the groundwork for an eventual appeals process.