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Kim Dotcom’s Extradition Judge Sees U.S. as “The Enemy”

uncle samNew Zealand’s District Court Judge David Harvey made some interesting comments recently with regard to U.S. attempts to change copyright law worldwide.

Judge Harvey, who’s handling Kim Dotcom’s extradition case, is not a fan of these practices as became clear at the launch of the “Fair Deal” campaign.

Commenting on the U.S. backed Trans Pacific Partnership (TPP) agreement, which will push for harsher copyright legislation, he said the following.

“There are all sorts of ways this whole thing is being ramped up and if I could use Russell [Brown's] tweet from earlier on: we have met the enemy and he is [the] U.S.”

Auckland University law professor Bill Hodge told NZHerald that judges should be free to make comments, but that Judge Harvey’s remarks are “unhelpful”.

Whether the U.S. authorities ask for a new judge because of this apparent “bias” has yet to be seen.

Last week Dotcom’s extradition hearing was delayed until March 2013.

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  • Guest

    What is the betting that the US authorities will now ask for a new judge and stating that they will not get a fair hearing as a reason.

    • Maxxori

       Probably, though they seem to think its fair for their guys to be paid and formerly employed by the MPAA. Double standards for the win.

    • Mwhahaha

      Yet when US judges and politicians have close ties to the MPAA they’re not biased at all right?
      Weird how that works.

      • MadAsASnake

        I’m waiting for an NZ prosecutor to hand over an extradition order against Neil MacBride for perjury and false imprisonment :)

        • http://gene-poole.tumblr.com Gene Poole

           How about an extradition order for David Harvey for treason?

        • Kbw

          I thought you ain’t suppose to reply to that huge troll

    • http://twitter.com/7daykatie katie anderson

      Why not?  They want to ban the defendents from using any legal counsel they claim would have a “conflict of interest”, which essentially means anyone with the relevant skills and specialist work history to effectively take a case of this nature. 

      It’s disgusting.

  • Guest

    We need more judges like Mr. Harvey.

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  • FrostyC

    Why does uncle sam look like a dope fiend? Oh wait…

    • Ishigidydigidy

      If I understand what you’re saying correctly, you’re taking a crack at Ol’ Uncle Sam. 

      Uncle Sam, the icon, hasn’t changed a bit.  The man still stands for what America used to.  He looks beat to hell and back because he tried once or twice to stand up to what we’ve become.  Too bad the men he chose to stand up to had enough money to get bigger, stronger guys to fight their battles for them.  They used enough dirty, underhanded tactics to eventually force him to his knees.  He’s still there, though, in the shadows, waiting, wanting to return to his former glory.  It’s up to us to be his “big guys” and give him a hand.  Especially after what he helped us become.

      no… no, he hasn’t changed.  It’s the people that “represent” him that have.

      • Guest

        So true, America has literally turned to shit, people just sit there now watching crap like american idol and americas got no talent.

        • Meh.

           Excuse me? I work 18 hours a day at 3 different jobs and I barely make it by at the end of each month with bills and taxes out of the ass. I’m left with little over $80 for a weeks worth of food and other essentials before I’m broke by Friday.

        • Guest

          You work 18 hours a day at 3 different jobs and you’re still broke as hell?

          Uh, bro, I think that’s just more proof that America’s gone to shit.

  • Caladus

    Of course the U.S. will ask for another judge. Doesn’t mean they will get one. And if they are delaying the extradition hearing until March 2013 that means they have nothing at the moment to argue on and are trying to build a case.

    Meanwhile, I hope that Dotcom will be able to get on with life.

    • http://twitter.com/7daykatie katie anderson

      Judge Harvey is a District Court Judge.  He gave Dotcom bail and ordered the US to give Dotcom and the other defendents access to the evidence against them needed for their extradition hearing which sounds very reasonable and something to be routinely expected to me.  The defence get to see the evidence against them so they can defend themselves? How is that unreasonable to expect as a matter of course?

      Off the top of my head (this case has so many twists and turns, all resulting form the odd behaviour of the US DoJ and apparently collusionalist elements in the NZ government) the decision about handing over the evidence is still being appealed against and Judge Winkelmann has ordered that in meantime the evidence be prepared so it can be handed over quickly if the appeal fails. 

      The whole situation is outrageous.  The US is no longer a country governed by the balancing of the spirit of the Constitution, just application of just laws, and the will of its people.

  • ByStander

    The arrogance of the U.S government has become unbearable.

    • Mwhahaha

      It has been for along time, certainly since Nixon, if not previously. They’ve generally looked out for their own interests before anything elsem, whilst at the same time projecting the image that they stand on some kind of moral high ground.

      The only moral leader the US has ever had was Jed Bartlett :) I never get how people on here imply that the US Govt’s recent action is some kind of new thing. Their arrogance has just never affected most of us before.

      • Mwhahaha

        My friends say I behave like a totally different person sometimes. I don’t believe it until I check out my previous post! What’s happening to me, why don’t I remember a thang? I feel scared.My friends recommended me to watch Identity, Shutter Island and Hide And Seek. Should I watch?

  • Me

    Have you ever thought that this could be a wanted step by the judge? Maybe he slowly realizes the size of this case and just wants to get rid of it in every case, because the whole world is watching it?

    • http://twitter.com/7daykatie katie anderson

      Judge Harvey was just giving his genuine opinion I believe.  He’s a district court judge so he can’t “get rid of it” and I think he’d rather the case be resolved so that the rights of New Zealanders in extradition or IP related cases are not merely clarified but strongly confirmed than have it quietly slip away with a risk of similar occurences in the future.

  • Anonymous

    why would any comment professor Bill Hodge have be more important than an actual judge?

  • http://torrentfreak.com/ Rob8urcakes

    This NZ judge is spot-on! The TPP Agreement is indeed a biased piece of shit that favours only the USA and ‘protects’ them and US-based companies by preventing any Nation signatory from acting in breach of the Agreement.

    The simple solution is to refuse to sign it, and let the USA either bugger off or come to its senses by renegotiating a fairer, more equitable Treaty.

    Like Judge David Harvey, I too am getting really pissed off with the USA’s bully-boy tactics as they try to rule the World and become Masters of the Universe whilst the rest of us are expected to simply bow in grateful acquiescence.

    • blah

      Today, we kneel only to truth.

  • :/

    Since when did I become an enemy of New Zealand? I’m sorry judge, but you should put the US Government as the enemy, not the US itself. The current administration does NOT have consent to represent me as I did not vote to elect them into office.

    • Anyone

      if someone says “the US” it means “the US government”, not “the US people”

      and besides, that’s not how democracy works, even if you don’t vote for them, they still represent you

      • Anonymous

        It doesn’t matter who we vote for; neither side represents us.

      • Shit a Maggot.

        American people have been thoroughly pacified. Nobody asks questions anymore. 

      • Guest

         The United States isn’t a democracy though, it’s a Federal Presidential Constitutional Republic.

  • Shit a Maggot.

    Judge David Harvey better watch out or a US drone will do a flyby.

  • Anonymous

    considering the post i just read on Arstechnica, the Feds are going to even more ridiculous lengths and coming out with even more ridiculous claims and law twisting so as to get Kim to the US and face criminal charges. whether he is guilty or not is not for me to say. i have my opinion but to keep letting the US govt get away with changing laws to suit the crimes and apply them to anywhere in the world that they feel like it is going to have drastic and severe consequences on everyone, regardless of what you do, where you are and how you do it. people are going to be whisked away from their own country into the US and imprisoned, if not worse (and that is coming, if left to the US entertainment industries!) for doing something legal in their country but the US doesn’t like. wait and see if i ain’t right. the world needs to stand together to fight this shit, not keep cowering up the corner over US threats!

  • http://profiles.google.com/zerianis10 Christopher Kidwell

    It’s about time that the judge put this in plain language. The bottom line is that the United States government is trying to make a mockery of international law and limits on their authority in foreign countries.

    They need to be told that they do not have carte-blanche just because they are the United States government.

  • Jimbo

     i wonder what he will see them as after he is reported, condemned for the comments and then replaced? with luck, all NZ judges will see the US law enforcement and those that are pulling the strings, the US entertainment industries, for the arse holes they really are and not trying to do anything that will be in the slightest way beneficial to NZ.

  • conspiracy

    hes stood down..
    http://tvnz.co.nz/national-news/dotcom-case-judge-steps-down-over-comments-4975663?ref=rss

    well engineered by usa insiders..how did they manage this..  this case rings more or more of conspiracy
    and under handiness going 

    prob show up on wikileaks or alike in years to come LOL

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  • http://www.petetong.net/ Blah

    stood down because the USA pressured him, so he made a stupid comment and had to ‘quit’

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