Comments on: Case of the Day: US v. Kashamu https://lettersblogatory.com/2011/11/01/case-of-the-day-us-v-kashamu/ The Blog of International Judicial Assistance Fri, 13 Dec 2024 02:45:19 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Ted Folkman https://lettersblogatory.com/2011/11/01/case-of-the-day-us-v-kashamu/#comment-333 Sun, 11 Aug 2013 02:50:00 +0000 http://lettersblogatory.com/?p=2599#comment-333 In reply to Paula Thomas.

Thanks for the comment, Paula! I have heard the complaint that the new treaty favors the US over the UK. It’s clear, though, that the United States government is generally pretty good about seeking judicial assistance on behalf of the UK government, even when there are significant domestic constituencies that want to put on the brakes. See, for example, the Belfast Project case or the new Alexander Hilton extradition case.

]]> By: Paula Thomas https://lettersblogatory.com/2011/11/01/case-of-the-day-us-v-kashamu/#comment-332 Sat, 10 Aug 2013 23:37:33 +0000 http://lettersblogatory.com/?p=2599#comment-332 In reply to Ted Folkman.

This case and the Assange case were decided under different extradition treaties hence the apparent difference. The new treaty came into force in 2007 and required the US to only prove ‘reasonable suspicion’ the old one required rather more.

As an aside the new treaty is, in some quarters in the UK, regarded as unbalanced in favour of the US. However ratification in the US was delayed because PIRA supporters feared the UK would use the new treaty against them. So, as the saying goes you takes yer money and yer makes yer choice!!

]]> By: Ted Folkman https://lettersblogatory.com/2011/11/01/case-of-the-day-us-v-kashamu/#comment-331 Thu, 26 Jan 2012 18:00:45 +0000 http://lettersblogatory.com/?p=2599#comment-331 Peter T. Tomczak of Baker & McKenzie has a good article on Kashamu in the new issue of Litigation. Of particular interest: given that Judge Posner leaves the door open to use of the foreign jurisdiction’s law to determine the preclusive effect a US court will give to the foreign judgment, Tomczak points out the possibilities for forum shopping: “A party may strategically commence litigation in a jurisdiction that has narrower or no preclusion rules, with the plan to export victories to jurisdictions with broader preclusion rules if initially successful, but to continue in the first forum and avoid an end to the litigation if initially unsuccessful.”

]]> By: Ted Folkman https://lettersblogatory.com/2011/11/01/case-of-the-day-us-v-kashamu/#comment-330 Wed, 02 Nov 2011 18:23:01 +0000 http://lettersblogatory.com/?p=2599#comment-330 It’s interesting to consider the English proceedings in Kashamu’s case with the proceedings in the case of Julian Assange, which was handed down today. I won’t comment at length, other than to say that the court seems clearly to be saying (to put things in American terms) that where the arrest warrant sets out probable cause, the court should not refer to extraneous evidence except in exceptional circumstances.

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