US Wins Appeal In Battle To Extradite Kim Dotcom

Dr Max sends this excerpt from an AP report: "U.S. prosecutors won a New Zealand court victory Friday in their battle to extradite Megaupload founder Kim Dotcom and three colleagues accused of facilitating massive copyright fraud through the now-defunct online file-sharing site. The appeals court overturned an earlier ruling that would have allowed Dotcom and the others broad access to evidence in the case against them at the time of their extradition hearing, which is scheduled for August. The appeals court ruled that extensive disclosure would bog down the process and that a summary of the U.S. case would suffice. Dotcom says he's innocent and can't be held responsible for those who chose to use the site to illegally download songs or movies."

Comments

Misleading Title

[Nailer235]

The title - while literally true - implies that a court has decided that Kim Dotcom can now be extradited. In fact, the issue decided by the court was much more limited: it held that Kim only has limited access to evidence during the future extradition hearing. While this does make it more likely that he will be extradited, the issue has NOT been decided yet.

Re:I wonder if New Zealand can do other tricks too

[mwvdlee]

The only thing the US has won here, is a denial for Kim Dotcom to access all available evidence while he would still have an opportunity to affect that evidence.
It has little to do with the actual extradition request itself.

Re:I wonder if New Zealand can do other tricks too

[pscottdv]

That's the dirty little secret about federal charges in the U.S. Federal court rules don't require the prosecution to hand over their evidence until the trial unlike state courts where the accused has a chance to see the evidence against him- or herself and prepare a defence. And the minimum penalties are always enormous.

That's why federal charges are so highly feared in the U.S. and it's why almost all federal cases are pleaded out.

http://www.economist.com/news/united-states/21570742-how-mandatory-minimum-sentences-distort-plea-bargaining-thumb-scale

The article is about a different issue, but it describes the problem.