McNabb in the News (8-25-06)

Senior Principal Douglas McNabb was again interviewed by dealbreaker.com regarding Jacob Alexander:

“How does extradition happen? For that we turn once again to Douglas McNabb of McNabb Associates, a law firm specializing in extradition.

When a fugitive from the US is found in another country with which the US has an extradition agreement, the US government will often attempt to have him (or her, but we’re going to use the generic “him” here because we cannot think of many fugitive chicks off the top of our heads) extradited to face justice here. This begins with the US filing a temporary arrest warrant with the country hosting the fugitive, asking that he be detained pending a full blown extradition petition.

The hearing on a full blown extradition petition works like a probable cause hearing in the US. The accused will usually raise factual arguments intended to show that there isn’t probable cause to justify continuing to detain him or sending him to the US. He may also raise legal arguments—attempting to show that he isn’t extraditable under the relevant treaty.

“These things are very fact dependent,” McNabb tells us. “You don’t get a full-blown trial but you can argue about sufficient cause and legal issues.”^[1]

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[1] John Carney, How Not to Get Extradited, dealbreaker.com, Aug. 25, 2006.