The Score Is: Kim Dotcom (2), The U.S. Government (1)

In the ongoing battle for extradition between Kim Dotcom and the U.S. government, the U.S. government has finally won an appeal. Since January 2012, the U.S. government has sought to extradite Dotcom from New Zealand to the U.S., so Dotcom can stand trial for charges ranging from copyright infringement and racketeering to money laundering and other charges.

Dotcom Wants Full Disclosure

As a measure of extradition prevention, Dotcom’s team of attorneys has argued that they will require full access to the accumulated evidence collected by the U.S., so they can correctly build a defense of their own. The U.S. has maintained that no precedence for such a disclosure exists.

Twice before, the U.S. has brought a case to the New Zealand court of appeals insisting that extradition with a summary disclosure of charges is enough to satisfy extradition treaties between New Zealand and the United States. Both previous times the New Zealand court of appeals has sided with Kim Dotcom and his partners and insisted that the U.S. provide its body of evidence, before extradition would be granted.

Third Times A Charm

Undaunted, the U.S. came back a third time with its summary case against Dotcom. This time the court sided with the U.S. government. The third court of appeals finally concluded that an extradition hearing is in no way a trial to determine guilt or innocence, but rather a trial to determine, whether or not extradition is justified. After this ruling the U.S. only has to show that they require extradition, so the accused can stand trial in the U.S. for crimes committed. Now, the United States must only submit a summary of their case against Dotcom for extradition to be granted.

The Fight Is Not Over

Kim Dotcom admits the latest ruling is a blow to his defense, but says the fight is not yet over. Dotcom claims his next move will be to push for the New Zealand Supreme Court to hear his case and make a final ruling. Even if the New Zealand Supreme Court rules in favor of the U.S., the judge overseeing the extradition trial could demand that the U.S. reveal more of its case against Dotcom than it wants to. If the extradition judge does not feel that the U.S. has presented enough evidence to extradite Dotcom, then extradition could also be denied at that point.