 |
| Alex Saab Moran, in custody |
Readers that are closely following the high-profile money laundering case, presently pending in US District Court in Miami, know that Saab's motion to dismiss the indictment due to his alleged diplomatic immunity was denied, and that then he took an immediate appeal to the Eleventh Circuit Court of Appeals.
The question has arisen as to whether the Court has jurisdiction to bring the appeal, as the order denying Saab's motion was what we call an interlocutory order, which is a non-final, interim order issued during the course of a case. Such orders are only appealable under a limited number of circumstances, and I cannot find a relevant statutory reason that would allow the 11th Circuit to take the case. The docket notes that a Judicial Question has been issued.
While the issue of what is a diplomat, and therefore, an individual immune from criminal under certain circumstances is an important question in light of the fact that corrupt Caribbean government officials, at the highest level, covertly sell diplomatic passports, for cash, to financial criminals, who later attempt to use them to avoid arrest. The accused Nigerian fugitive DIEZANI ALISON-MADUEKE, allegedly paid Dominica Prime Minister ROOSEVELT SKERRIT $2.2m for a diplomatic passport in London, which she thereafter unsuccessfully used to evade an arrest warrant in the UK. Such manipulation of diplomatic identity documents has to stop, and perhaps this case will aid in that.
It would be in best interests of justice if this case establishes a benchmark for bogus diplomatic passports, such as Saab Moran is attempting to employ to obtain immunity from prosecution. Saab's attorney must now file a memorandum of law on that issue of jurisdiction for the Court to enter a ruling.
The question has arisen as to whether the Court has jurisdiction to bring the appeal, as the order denying Saab's motion was what we call an interlocutory order, which is a non-final, interim order issued during the course of a case. Such orders are only appealable under a limited number of circumstances, and I cannot find a relevant statutory reason that would allow the 11th Circuit to take the case. The docket notes that a Judicial Question has been issued.
While the issue of what is a diplomat, and therefore, an individual immune from criminal under certain circumstances is an important question in light of the fact that corrupt Caribbean government officials, at the highest level, covertly sell diplomatic passports, for cash, to financial criminals, who later attempt to use them to avoid arrest. The accused Nigerian fugitive DIEZANI ALISON-MADUEKE, allegedly paid Dominica Prime Minister ROOSEVELT SKERRIT $2.2m for a diplomatic passport in London, which she thereafter unsuccessfully used to evade an arrest warrant in the UK. Such manipulation of diplomatic identity documents has to stop, and perhaps this case will aid in that.
It would be in best interests of justice if this case establishes a benchmark for bogus diplomatic passports, such as Saab Moran is attempting to employ to obtain immunity from prosecution. Saab's attorney must now file a memorandum of law on that issue of jurisdiction for the Court to enter a ruling.
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.