"Nom De Plume" (unlistedusername)
07/30/2020 at 15:16 • Filed to: None
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"Nom De Plume" (unlistedusername)
07/30/2020 at 15:16 • Filed to: None | 0
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American’s now comprise the physical presence being prosecuted alongside Nissan. Michael Kelly was arrested alongside Ghosn and is under (heavy) observation in Japan. Furthermore, two American brothers purportedly responsible for Ghosn’s escape are being held in a Massachuset ts jail without bail.
In other news, Nissan is handing out some decent deals on dealer stock stateside.
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SBA Thanks You For All The Fish
> Nom De Plume
07/30/2020 at 15:25 |
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I’m confused on what hold the Japanese have on the Massachusetts legal system. Are they refusing Warranty Claims on the DA’s Infiniti?
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Nom De Plume
> SBA Thanks You For All The Fish
07/30/2020 at 15:35 |
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The Japanese government is enforcing the right to extradite from the US. Statehood has nothing to do with it.
I t could impact warranty claims the state uniquely passed laws to regulate within their borders.
facw
> SBA Thanks You For All The Fish
07/30/2020 at 15:37 |
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Seems like just a normal arrangement prior to extradition?
TheTurbochargedSquirrel
> SBA Thanks You For All The Fish
07/30/2020 at 15:38 |
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Does the US have an extradition agreement with Japan? My guess would be they are just being held in MA until they can be sent to Japan for trial.
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SBA Thanks You For All The Fish
> Nom De Plume
07/30/2020 at 15:40 |
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Yeah, I think they are both US citizens, so the bar’s pretty high on holding them without bail.
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SBA Thanks You For All The Fish
> facw
07/30/2020 at 15:40 |
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The bar’s pretty high for a US citizen, though.
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SBA Thanks You For All The Fish
> TheTurbochargedSquirrel
07/30/2020 at 15:42 |
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Likely but the bar’s pretty high for a US citizen... That was the point.
Otherwise, there’s ALL KINDS of charges certain *ahem* foreign powers could assert to ask the US to hold US citizens for extradition.
I don’t know the case details, but it seems unusual.
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facw
> SBA Thanks You For All The Fish
07/30/2020 at 16:41 |
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High bars can be met...
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SBA Thanks You For All The Fish
> facw
07/30/2020 at 17:01 |
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Yeah, I’m not sure this is “normal” in the sense that it’s really up to the Secretary of State, not any usual prosecutorial discretion, to release ‘em under the extradition treaty. My point was (and is) that some prosecutor can’t just file a charge in Osaka and automatically get Massachusetts or the US Federal Marshalls to do their bidding to roll up a perp based on a charge filed 8000 miles away.
So, it’s really a “diplomatic relations” question, not a normal criminal justice matter.
Here’s what the Times said a couple of months ago:
Mr. Ghosn is beyond the reach of Japanese authorities while he is in Lebanon because the two countries do not have an extradition treaty. Mr. Ghosn is a Lebanese national, and the country does not extradite its citizens.
But the Taylors could very well end up in Tokyo, because the United States and Japan do have an extradition treaty. After a hearing, the final decision about whether to give the men up is, under law, to be made by the secretary of state after a formal request from the Japanese government.
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Nom De Plume
> SBA Thanks You For All The Fish
07/30/2020 at 17:26 |
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The bar is already high on international prosecution placing you in limbo. Make that a high profile international case you played a crucial role in altering the outcome of and are a considered an immediate flight risk?
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SBA Thanks You For All The Fish
> Nom De Plume
07/30/2020 at 17:37 |
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Oh. Maybe. But those are just allegations at this point — and allegations by a third-party sovereign party to the US that, theoretically anyway, has no dog in the fight. And, there’s a whole bunch of national powers, many we have extradition treaties with, who I’m sure would love to have the US Marshal’s service hold people for. I’m just exploring where the probable cause tipping point is. Presumably it’s more than just a “warrant in Kanji”.
My point was (and is) that some prosecutor can’t just file a charge in Osaka and automatically get Massachusetts or the US Federal Marshalls to do their bidding to roll up a perp based on a charge filed 8000 miles away.
So, it’s really a “diplomatic relations” question, not a normal criminal justice matter.
Here’s what the Times said a couple of months ago:
Mr. Ghosn is beyond the reach of Japanese authorities while he is in Lebanon because the two countries do not have an extradition treaty. Mr. Ghosn is a Lebanese national, and the country does not extradite its citizens.
But the Taylors could very well end up in Tokyo, because the United States and Japan do have an extradition treaty. After a hearing, the final decision about whether to give the men up is, under law, to be made by the secretary of state after a formal request from the Japanese government.
Steve in Manhattan
> Nom De Plume
07/30/2020 at 21:43 |
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I wonder if I had the money and the means whether I’d do what Ghosn did to avoid a custodial sentence. I am bit ashamed to say I probably would ...