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Legal Basis For The Fbi’s Arrest Of Hushpupi - Politics - Nairaland

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Legal Basis For The Fbi’s Arrest Of Hushpupi by PDPGuy: 9:20am On Jul 11, 2020
Hushpupi’s attorney’s argument that the arrest of his client by the FBI was not proper due to the fact that he is a Nigerian citizen, may easily be thrown out by the court.

United States case law, as enunciated by the US Supreme Court gives federal prosecutors a lot of leeway in arresting and prosecuting defendants who resided in countries that do not have a subsisting extradition treaty with the United States.

Below is the explanation and relevant case law that supports my postulation, which is straight from the US Department of Justice:

If the fugitive is not a national or lawful resident of the country in which he or she is located, the Criminal Division’s Office of International Affairs (OIA), through the Department of State or other channels, may ask that country to deport, expel, or otherwise effectuate the lawful return of the fugitive to the United States.

In United States v. Alvarez-Machain, 504 U.S. 655 (1992), the Supreme Court held that a court has jurisdiction to try a criminal defendant even if the defendant was abducted from a foreign country against his or her will by United States agents. Though this decision reaffirmed the long-standing proposition that personal jurisdiction is not affected by claims of abuse in the process by which the defendant is brought before the court, see Ker v. Illinois, 119 U.S. 436 (1886); Frisbie v. Collins, 342 U.S. 519 (1952), it sparked concerns about potential violations of foreign sovereignty, territorial integrity, and criminal law.

Due to the sensitivity of abducting defendants from a foreign country, prosecutors may not take steps to secure custody over persons outside the United States (by government agents or the use of private persons, like bounty hunters or private investigators) by means of Alvarez-Machain type returns without advance approval by the Department of Justice. Prosecutors must consult with OIA before they undertake any such operation. If a prosecutor anticipates that a defendant may raise a claim that his return was illegal, the prosecutor must consult with OIA before such return.

Fugitives deported to the United States or otherwise legally returned without a formal order of extradition may claim that they were returned illegally to the United States. The courts generally dispose of those arguments under the Ker-Frisbie doctrine.”

It could be argued that the US asked the UAE to effectuate Hushpupi’s return to the US through the handover of Hushpupi by the Dubai police to the FBI.

The Frisbie Doctrine refers to a principle applied in the context of extradition and generally holds that criminal defendants may be prosecuted in U.S. courts regardless of whether their presence has been obtained through the use of applicable extradition treaties. The principle was developed through two cases.

1. Ker v. Illinois, 119 U.S. 436 (U.S. 1886), the U.S. Supreme Court held that "such forcible abduction is no sufficient reason why the party should not answer when brought within the jurisdiction of the court which has the right to try him for such an offence, and presents no valid objection to his trial in such court”.

2. Frisbie v. Collins, 342 U.S. 519 (U.S. 1952), the Supreme Court upheld the conviction over challenges based on due process and federal kidnapping laws.

https://www.justice.gov/jm/jm-9-15000-international-extradition-and-related-matters#9-15.600
Re: Legal Basis For The Fbi’s Arrest Of Hushpupi by tundchip2: 9:38am On Jul 11, 2020
That may work.
But they'll still find a charge on his numerous offences to dock him there. Then he might also be sentenced there and extradited to St Kitts Or Dubai for the jail term and later get extradited to Nigeria after finishing his sentence.
Re: Legal Basis For The Fbi’s Arrest Of Hushpupi by PDPGuy: 9:53am On Jul 11, 2020
tundchip2:
That may work.
But they'll still find a charge on his numerous offences to dock him there. Then he might also be sentenced there and extradited to St Kitts Or Dubai for the jail term and later get extradited to Nigeria after finishing his sentence.
cool
Re: Legal Basis For The Fbi’s Arrest Of Hushpupi by SpatialKing(m): 9:56am On Jul 11, 2020
Hushibanjo has been cashing out from Hushmagu for a long time
Re: Legal Basis For The Fbi’s Arrest Of Hushpupi by Futuragetty: 10:24am On Jul 11, 2020
tundchip2:
That may work.
But they'll still find ac harge on his numerous offenses to dock him there. Then he might also be sentenced there and extradited to St Kitt's Or Dubai for the jail term and later get extradited to Nigeria after finishing his sentence.
He's not getting off. His lawyer is merely using the media to stir things around. I feel the FBI prolly didn't have the paperwork needed to effect his arrest. but it goes to no issue.
St.kitts doesn't even want him, but he gets to choose where he will be going. He won't be coming back to meet us in Nigeria, because Nigeria would be long gone.

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Re: Legal Basis For The Fbi’s Arrest Of Hushpupi by tundchip2: 10:38am On Jul 11, 2020
Futuragetty:

He's not getting off. His lawyer is merely using the media to stir things around. I feel the FBI prolly didn't have the paperwork needed to effect his arrest. but it goes to no issue.
St.kitts doesn't even want him, but he gets to choose where he will be going. He won't be coming back to meet us in Nigeria, because Nigeria would be long gone.
Yeah, that's for sure, he's not getting off this one.

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