DOJ-OGR-00020081.jpg
Extracted Text (OCR)
Cageab20-ce608aGAdnnt Becumént 1002 Filed6R238/2thgPAageP166f 36
Justice on August 22, 2007 which provides that the “Ministry of Justice considers the American-
born, U.S. citizen Peterson to also be a French national and that the extradition request has been
denied”). Indeed, the Government is unaware of any instance in which France has ever extradited
a French citizen to the United States. (See Ex. B at 4 (“[T]he principle of non-extradition of
nationals is a principle of extradition law from which France has never deviated outside the
framework of the European Union.”)). Simply put, the Court was correct when it determined at
the initial bail hearing that France does not appear to extradite its own citizens. (Tr. 83).
The defendant’s supposed waiver of her extradition rights with respect to the United
Kingdom should similarly be afforded no weight. Although an anticipatory waiver of extradition
may be admissible in extradition proceedings in the United Kingdom, such a waiver is by no means
binding, authoritative, or enforceable. See United States v. Stanton, No. 91 Cr. 889 (CHS), 1992
WL 27130, at *2 & n.1 (S.D.N.Y. Feb. 4, 1992) (denying modification of defendant’s bail where
defendant indicated willingness to waive extradition proceeding by providing extradition waivers,
as British authorities advised that extradition waivers were possible only in cases where the
fugitive actually appeared before a British magistrate after the filing of an extradition request, and
concluding that such a waiver was not an “enforceable undertaking”). Under the United
Kingdom’s Extradition Act of 2003, consent to extradition is permitted, “if (and only if) [a person]
has the assistance of counsel or a solicitor to represent him in the proceedings before the
appropriate judge.” Extradition Act 2003, § 127(9), https://www.legislation.gov.uk/ukpga/
2003/41. As such, a judge in the United Kingdom must independently evaluate any waiver of
extradition in real time, thereby necessarily rendering any anticipatory waiver executed before the
defendant is found in the United Kingdom meaningless. /d. at §127. In other words, consent given
18
DOJ-OGR-00020081
Extracted Information
Document Details
| Filename | DOJ-OGR-00020081.jpg |
| File Size | 747.5 KB |
| OCR Confidence | 94.6% |
| Has Readable Text | Yes |
| Text Length | 2,174 characters |
| Indexed | 2026-02-03 19:52:02.311807 |