Legal Commentary

General Noriega Can Be Extradited to France

By Jeralyn

Bad news today for General Manual Noriega. The Supreme Court denied cert in his appeal of the 11th Circuit decision allowing France to extradite him to face trial on money laundering and drug charges there. (He was convicted in absentia but France has ordered a new trial.)

Scalia and Thomas would have granted cert. Noriega finished his 20 year drug sentence in 2007. He is the only prisoner in the U.S. classified as a "prisoner of war."

"Providing that guidance in this case would allow us to say what the law is without the unnecessary delay and other complications that could burden a decision on these questions in Guantanamo or other detainee litigation arising out of the conflict with al-Qaida," Thomas said in his dissent.

[More...]

Noriega argued the Geneva Conventions treaties required the U.S. to return him to Panama:

Noriega's argument focused on the Geneva Conventions treaties regarding repatriation of POWs after wars end. Noriega's attorneys argued that the 11th U.S. Circuit Court of Appeals and lower courts were wrong in ruling that Noriega could not use the treaties to block extradition to a third country such as France.

According to Frank Rubino, Noriega's lawer, Secretary of State Hillary Clinton will now make the decision on whether to extradite Noriega. He thinks she will order him sent to France.

Rubino said the decision could set a dangerous precedent in which U.S. soldiers who are captured overseas face continual trials rather than being returned home when hostilities end. "We've sealed the fate of American soldiers by this decision," Rubino said.

Panama also is seeking to extradite Noriega, but they ceded to France. Noriega wants to return to Panama:

[A]ll he wants to do sit back on his rocking chair and enjoy his grandchildren.

Full post as published by TalkLeft on January 25, 2010 (boomark / email).