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MegaUpload case falling apart: More DoJ Overreaching? Crony Capitalism Goes to Court

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posted on Jun, 13 2012 @ 01:36 PM
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In a series of hearings preliminary to Kim Dotcom’s August extradition hearing, the U.S. Dept of “Justice” has dragged its feet, mis-applied the law and tried to circumvent legal precedent to harass and impoverish the MegaUpload founder.

Now, the most recent ruling against the U.S. will force the F.B.I. and the DoJ to come clean with complete disclosure of the already-flimsy evidence supporting its indictment and application for extradition.


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.”

Judge Presses U.S. in Megaupload Case

Wow! Who would think that the prosecutor has to play by the rules and disclose the evidence against an accused before a hearing on the validity of the charges?

Of course, the DoJ believes that it should only have to give the defense its own, hand-crafted “summary” instead of the actual, if any, evidence it has of criminal conduct!

Given that the DoJ has been found lacking in several earlier hearings, one might understand its reluctance to put its cards on the table or level the playing-field for Mr. Dotcom and MegaUpload.


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.


Judge Sides With Megaupload Over Police Raid


Kim Dotcom Gets His Benz Back

The Obama administration is flaunting its enforcement powers on behalf of copyright owners who can’t or are unwilling to try in civil court to prove MegaUpload’s culpability for its customers’ conduct; i.e., sue Megaupload for infringement.
The DoJ is using its powerful discovery and enforcement authority (which exceed the tools available in civil suits); and is bringing the prosecution in support of its “crony-capitalism” benefactors in the content industry.
Clearly, the decision-makers green-lighting the enforcement action have worked hand-in-hand with the copyright owners. The Obama administration is always trying to “court” (pun intended) the favor and campaign contributions of those in the industry it claims it is trying to protect.

This should be a frightening, if not depressing, display of abuse of government authority.


See also, the discussion here at ATS since the case first btroke last year:
MegaUpload case to be dismissed?

Megaupload Trial May Never Happen, Judge Says

Was this the real reason why Megaupload was closed down?

jw

edit on 13-6-2012 by jdub297 because: sp




posted on Jun, 13 2012 @ 01:41 PM
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I really hope this goes in favor of Dotcom and he is able to continue on with his Music Box program, gonna be awesome if he succeeds and pulls some power back too the artist and absolutely cripples the fat cats currently reaping the rewards of others success.

I as well really wanna see the high on there horse american government get stopped in there tracks with egg on there face I'll be first to offer up a Nelson Munz "HA, HA"

SaneThinking



posted on Jun, 13 2012 @ 01:46 PM
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reply to post by SaneThinking
 

Sadly, this is a "high profile" case that gets coverage in the MSM and elsewhere.

What about the smaller cases of overreaching, like the raw-milk sellers and buyers, or the "organic" pork producers who get raided and arrested by the Dept. of Agriculture and FDA, only to be released, but without their property and their businesses and lives destroyed.

I hope this is just one example of the Gov't getting their heads handed back to them by someone immune to their influence and perversion of the system.

jw

edit on 13-6-2012 by jdub297 because: sp



posted on Jun, 13 2012 @ 02:11 PM
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Like you, i hope for many more court decisions of this nature......
The courts must be the last bastion of liberty standing.....
if we loose the impartialit of those edifaces.....well.... the war is on...........



posted on Jun, 13 2012 @ 02:52 PM
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Too important to the US position on piracy and the Millennium Copyright Act which has been taken up by a number of countries. They won't let this go.



posted on Jun, 13 2012 @ 03:00 PM
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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.

jw



posted on Jun, 13 2012 @ 03:48 PM
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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.

jw


If it comes down to it I can really see a lot of string being pulled so someone has a "word" with the judge hearing the extradition hearing. This loss of face is almost unthinkable to the people who are pushing piracy laws in the US and throughout the world.

If DotCom got off, it would make the entire thing an absolute farce. Not only that, we might even get Megaupload back...



$50 says the latter doesn't happen.



posted on Jun, 13 2012 @ 05:54 PM
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reply to post by boncho
 

Watch the State Dept. and USAID to cut back on support.
Unfortuntely for them OZ doesn't count on the US for much.

On the other hand, this could be an opportunity for a minor player to take on a bigger role. My heart is behind the "outsiders" to call a spade "a spade."

jw




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