WTF? (via Digby)
America has told Britain that it can “kidnap” British citizens if they are wanted for crimes in the United States.
A senior lawyer for the American government has told the Court of Appeal in London that kidnapping foreign citizens is permissible under American law because the US Supreme Court has sanctioned it. […]
The American government has for the first time made it clear in a British court that the law applies to anyone, British or otherwise, suspected of a crime by Washington.
Legal experts confirmed this weekend that America viewed extradition as just one way of getting foreign suspects back to face trial. Rendition, or kidnapping, dates back to 19th-century bounty hunting and Washington believes it is still legitimate.
The US government’s view emerged during a hearing involving Stanley Tollman, a former director of Chelsea football club and a friend of Baroness Thatcher, and his wife Beatrice.
The Tollmans, who control the Red Carnation hotel group and are resident in London, are wanted in America for bank fraud and tax evasion. They have been fighting extradition through the British courts.
During a hearing last month Lord Justice Moses, one of the Court of Appeal judges, asked Alun Jones QC, representing the US government, about its treatment of Gavin, Tollman’s nephew. Gavin Tollman was the subject of an attempted abduction during a visit to Canada in 2005.
Jones replied that it was acceptable under American law to kidnap people if they were wanted for offences in America. “The United States does have a view about procuring people to its own shores which is not shared,” he said.
He said that if a person was kidnapped by the US authorities in another country and was brought back to face charges in America, no US court could rule that the abduction was illegal and free him: “If you kidnap a person outside the United States and you bring him there, the court has no jurisdiction to refuse — it goes back to bounty hunting days in the 1860s.”
Of course, as a dedicated disciple of Hugo Chavez, I condone this sort of lawless behavior.
More background here:
U.S. officials, including a determined prosecutor, had contacted Canadian officials in a plot to trap Mr. Tollman in Canada under harsh conditions and away from his business and family — wanting to pressure him into abandoning his rights and surrendering to their custody, without following proper procedure, a judge would later rule.
Mr. Tollman, who is in his early 40s, didn’t know of the charges or his impending arrest. He was detained as he left the plane, and only recently returned to England after a lengthy legal battle kept him in Canada for almost two years.
Mr. Tollman successfully fought an attempt to extradite him in a quiet court case last year, when a judge slammed the actions of U.S. officials and made an exceptional ruling of “abuse of process,” after a trail of e-mails and notes made clear their attempt to avoid Canadian extradition laws.
Mr. Tollman was able to insist on his rights largely because of his “sense of outrage,” personal wealth, intelligence, stamina, power and prestige, Ontario Superior Court Justice Anne Molloy ruled.
“If the system went awry for him, what hope is there for the weak, the poor and those less powerful?” she wrote.
I just don’t know what to say anymore.