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The Courts

Judge In Kim Dotcom Extradition Case Steps Down 132

First time accepted submitter Kalriath writes "After calling the United States 'the enemy' at the NetHui conference last week (reported on Slashdot), Judge David Harvey has stepped down from the Dotcom case citing beliefs that the comments could reflect on his impartiality. From the New Zealand Herald: 'An Internet law expert, Judge Harvey had been considered the perfect choice to hear arguments on whether Dotcom and his Megaupload colleagues should be extradited by the United States to face charges of criminal copyright violation. The district court's chief judge Jan-Marie Doogue said Judge Harvey had made the decision to step down from hearing the case. "He recognizes that remarks made in the context of a paper he delivered on copyright law at a recent Internet conference could reflect on his impartiality and that the appropriate response is for him to step down from the case."'"
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Judge In Kim Dotcom Extradition Case Steps Down

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  • Re:Translation: (Score:4, Informative)

    by sed quid in infernos ( 1167989 ) on Wednesday July 18, 2012 @09:50AM (#40685385)
    You site the CPI, so I assume you think it's 9.5 rating of New Zealand is probative of something. Yet, in the same post, you place Iran (CPI of 2.7) and the U.S. (CPI of 7.1) in the same category of corruption. In fact, the U.S. is within a point of much of the developed world" (all but 13 countries).
  • Re:Translation: (Score:3, Informative)

    by caitsith01 ( 606117 ) on Wednesday July 18, 2012 @09:52AM (#40685413) Journal

    The US bribed someone to get him out of the way so they can get a more acquiescent judge who won't give a damn about what the law says and about all the laws the FBI violated in either country.

    I know it's not something you're used to, assuming you're a US citizen, but it's actually just that NZ is a country where the rule of law operates, and this is an example of the system properly and impartially dealing with the issue. Judges in NZ (and Australia... and Britain) aren't elected and, by US standards, are not beholden to party politics. Furthermore, except in exceptional circumstances, no bureaucrat has the power to prevent a judge from hearing a matter.

    Had he not recused himself, there would have been a risk of a successful appeal on the basis of bias.

    Of course if the same judge had made a speech talking about how the US is New Zealand's best friend when it comes to intellectual property issues, you'd be squealing about his bias.

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