Liberty and justice for all United States persons abroad

The #FATCA IGAs have no reciprocity. The Anne Sacoolas case suggests that extradition treaties may not be reciprocal either

Update July 27, 2020 …

and now back to the post as it was originally written …

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The last year has featured a number of posts about the role that extradition treaties play in the modern world. Interestingly most (if not all) of the posts have discussed how the United States is using extradition treaties to assert jurisdiction over individuals, who did not commit crimes while present in the United States. The United States is using extradition treaties to “capture” individuals under the following circumstances:

– the subject was engaged in conduct that only the United States defines as a crime

– the supposed crime was NOT committed in the United States

– the crime may not have been committed in the country that received the extradition request

To put it another way: The United States appears to be using extradition treaties to export US law around the world. There is a great similarity between US extradition treaties and the FATCA IGAs.

Both the Meng Wanzhou case in Canada and the Julian Assange case in the UK include all three of these circumstances. Canada has paid a very heavy price (starting with the two Michaels) for cooperating with the United States by arresting Meng WanZhou pursuant to a US extradition request.

Given the range and scope of the US extradition requests, one would expect the United States to honour extradition requests from treaty partner countries. The case of Anne Sacoolas suggests that the United States understands extradition treaties to impose obligations on treaty partner countries but only discretion on the United States.

The name is Sacoolas, Anne Sacoolas

Introducing Anne Sacoolas

Just The Facts. Everybody Agrees That

What Can Be Inferred From This?

A number of different perspectives on this (including whether Ms. Sacoolas was/is entitled to diplomatic immunity) are found in this Quora discussion.

Facts are stubborn things

Although there may be some disagreement over the significance and implications of the Anne Sacoolas caper, it’s perfectly clear that:

1. Anne Sacoolas was a US citizen driving in the UK on the wrong side of the road.

2. While driving on the wrong side of the road, Anne Sacoolas struck British teen Harry Dunn. The crash caused Harry’s death. Clearly the conduct complained about occurred in the UK.

3. Anne Sacoolas left the UK and returned to the United States.

4. The UK Government has requested the return of Anne Sacoolas via extradition for a crime committed on British soil (which was also a crime in the United States).

5. The United States has refused extradition.

The Radd Seiger Public Relations Campaign

The family of Harry Dunn is being guided by a retired UK lawyer by the name of Radd Seiger. Mr. Seiger is doing a masterful job of (1) Keeping the “Sacoolas Caper” in the news and (2) keeping pressure on the UK and US governments to return Anne Sacoolas to the UK.

The video found at the start of the blog post is the latest example of his superb advocacy and publicity generating skills.

My prediction is that

At the end of the day, the US government will return Anne Sacoolas to the UK. As Harry’s mother said in the interview, the goal is to achieve justice. Justice does not necessarily include prison.

I strongly suggest that the world support the #Justice4Harry campaign and that you follow the good work of Radd Sieger – you will find the progression of his advocacy at http://www.twitter.com/raddsieger

It is useful to remember that:

The arc of the moral universe may be long,but it bends toward justice.”

The arc is there. The universe is there. But, individuals with vision, commitment and principle are needed to bend that arc and achieve #Justice4Harry. Radd Seiger and the Dunn family are setting an excellent example for those fighting injustice and US overreach (FATCA anyone?) in other aspects of life.

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Watch the arc bend toward justice here …

5 thoughts on “The #FATCA IGAs have no reciprocity. The Anne Sacoolas case suggests that extradition treaties may not be reciprocal either

  1. One qualm I have is I have heard Mr. Seiger as an attorney strongly call for Prince Andrew of the UK to allow himself to be interviewed by US police and the FBI. While I understand some rules of criminal procedure are different in the UK I believe Mr. Seiger is an American lawyer and thus I am not sure how he can continue to be a credible member of any US bar association when giving this advice to Prince Andrew given any US licensed lawyer worth half a salt would advise Prince Andrew that the absolutely last thing he should do is talk to the police. This advice has been best enunciated public ally by law professor James Duane of Regent University and Detective Bruch of the Virginia Beach, VA police department in the video below.

    https://www.youtube.com/watch?v=d-7o9xYp7eE&t=1780s

    I will add that the leader of the UK opposition Keir Starmer who is also the former head of the UK Crown Prosecution Service has said that all citizens including Prince Andrew have a legal duty and civic obligation to allow themselves to be interviewed by the police. Again I do admit their might be some differences between UK and US criminal law but again in the US context this is totally against the ideals of the US Constitution.

  2. My impression (and this is just an impression) is that Mr. Seiger is not an American lawyer, but a UK lawyer.

  3. Mr Radd Seigler is an american lawyer representing the Dunn family. His specialty is handling such liability cases. They chose him since Sacoolas in presently in the US..

  4. This woman will never be extradited. As usual it’s expected you’ll do as America requests, but don’t expect them to return the favour.

  5. Instead of doing the morally right thing and facing justice, Sacoolas has made herself a prisoner in the US. She daren’t risk setting a foot over any US border without being extradited to the UK by that country. A change of US President and Policy could also put her at risk. I wonder how she sleeps with the sword of Damocles hanging over her head?

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