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March 5, 2015 / 14 Adar , 5775
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America Can Prosecute Terrorists Freed By Israel


Nor could Jordan or any other requested country invoke the bar against double jeopardy that appears in many extradition treaties to prevent second punishment after a criminal prosecution for the extraditable offense has been conducted and fully carried out. That provision obviously does not prevent extradition of a fugitive who flees a country where he has been convicted in order to avoid imprisonment. It also should not prevent extradition if, by some other unlawful means such as Hamas’s extortionate demand, the criminal process is aborted.

Congress’s objective in enacting the provisions authorizing prosecution of such crimes in United States courts, even though they were committed elsewhere, was to ensure that those who murdered American citizens like Judy Greenbaum, Abigail Leitel, and the Applebaums would not be able to avoid just punishment for their crimes. That goal can now be realized only if the United States Department of Justice takes prompt and effective action.

Nathan Lewin is a Washington lawyer who was a federal prosecutor and served as deputy assistant attorney general in the civil rights division of the U.S. Department of Justice. This originally appeared on The New York Sun website (www.nysun.com).

 

About the Author: Nathan Lewin is a Washington lawyer who was president of the Greater Washington Jewish Community Relations Council between 1982 and 1984 and has argued many Jewish-interest cases before the Supreme Court and lower federal courts.


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Editor’s Note: On July 30, the firm of Lewin & Lewin, LLP, filed in the Supreme Court its brief in Zivotofsky v. Clinton, No. 10-699, on which the Supreme Court will hear oral argument in early November. The constitutional issue in the case is whether Congress had the authority to enact a law in 2002 that directs the Secretary of State to permit U.S. citizens born in Jerusalem to record their place of birth in their passports as “Israel.” Because the State Department has consistently refused to recognize any part of Jerusalem as being in Israel, the government has refused to implement the 2002 law, claiming it violates the President’s constitutional authority to “recognize foreign sovereigns.” This is the Introduction to the Zivotofsky brief written by Nathan Lewin, followed by a Summary of Argument.

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