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US Gov't Says They Can Still Freeze Megaupload Assets If the Case Is Dismissed
The Megaupload case continues, and on Friday attorneys for the U.S. government made some interesting claims. They were in court to argue against a request to dismiss the indictment against Megaupload that was raised on the grounds that Megaupload has no U.S. address. After a debate about jurisdiction and precedent, this happened:
"The government also argued that it could keep Megaupload in legal limbo indefinitely. 'None of the cases impose a time limit on service,' the government's attorney told the judge. Therefore, the government believes it can leave the indictment hanging over the company's head, and keep its assets frozen, indefinitely. Not only that, but the government believes it can continue to freeze Megaupload's assets and paralyze its operations even if the judge grants the motion to dismiss. That's because in the government's view, the assets are the proceeds of criminal activity and the prosecution against founder Kim Dotcom will still be pending. The fact that the assets are in the name of Megaupload rather than its founder is of no consequence, the government claimed."
Guilty until proven innocent?
Yeah pretty interesting view there huh? Not only are they saying that they're above the law. But they're saying that the highest law in the land, is no longer the constitution and bill of rights. But the DOJ, and the whim of whoever is in charge. Yeah ... now that's going to go over very well, especially about the time it starts hitting appeal courts.
Om, nomnomnom...
It is actually just a tyrannical prosecutor, not the whole government.
It is a difficult issue, telling prosecutors what to do from on high, or giving them free reign to exercise their professional judgment.
Luckily, the courts aren't usually impressed by self-important prosecutors.