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Now a judge in New Zealand has ruled that the United States must share evidence with Mr. Dotcom — including the Federal Bureau of Investigation’s report — while also indicating his own concerns about the case. The United States government had argued that it had to include only a summary of its evidence in the case, but in a ruling issued Tuesday, Judge David J. Harvey of District Court in Auckland said that it had to produce specific evidence to justify the extradition request and to allow Mr. Dotcom to prepare his defense.
“A denial of the provision of information that could enable a proper adversarial hearing in my view would amount to a denial of the opportunity to contest,” Judge Harvey wrote. “That would effectively mean that the process is one-sided.”
When the police in New Zealand raided the headquarters of the file-sharing site Megaupload in January on behalf of the United States authorities, the case, at first, seemed strong.
But in the months since, Mr. Dotcom and his lawyers have succeeded in chipping away at the case. First, a judge ruled that the police had used the wrong kind of search warrant. Then, Mr. Dotcom was returned some of the millions of dollars in assets that had been seized, including a Mercedes-Benz and access to $49,000 each month from his bank accounts. Other critics of the case have raised concerns about the United States government’s decision to use a criminal proceeding for copyright disputes, which are more commonly handled in civil suits.
Originally posted by jdub297
reply to post by boncho
No, they can't just walk away anymore.
That's why they are trying their hardest to prevent Kim Dotcom and MegaUpload from defending themselves with full disclosure of the evidence.
It's going to take a foreign Court and a foreign judge to do what U.S. courts won't do: tell the Obama DoJ to pack up its bags and start trying to abide by the rule of law, instead of just pretending, or not even pretending.
No foreign nation is going to let the U.S. run roughshod over its citizens and legal system just to make the campaign coffers bulge.