When people who hate you want to be IN YOUR COUNTRY...it’s called INVASION
Very interesting.
bookmarking
Not sure I understand this. It seems simple.
Swiss bankers broke none of their laws but broke ours.
Do we have a legal or economic treaty that specifies in writing that their country must follow our laws or face economic sanctions or legal action/extradition?
If no, then nothing can be done.
If yes, then execute economic sanctions or begin extradition processes.
Did I miss some nuance here?
I’m still trying to figure out how any lawyer can keep a straight face while claiming that Manuel Noriega had any business being imprisoned in the U.S.
In your second example, if a Swiss banker conducted a transaction with a U.S. bank and did not adhere to U.S. banking law, then they did violate U.S. law and can be tried in absentia. They are not being tried for something that is legal in their own country, they are being tried for not following U.S. law.
If Switzerland does not wish to extradite, then the penalty is that the individual can never set foot on U.S. soil under threat of arrest.
The U.S. Justice Department is not "transporting beyond the seas" the individual, and the individual did not 'do something that is legal in his home country.'
I’ve long wondered about this.
Hm. I don't think I appreciate the way Judge Napolitano frames this. Who specifically did we seize overseas and bring to this country for trial?
This is specifically an Obama thing. He brow beat the swiss banks to break anonymity. The banks agreed to hand over safe guarded info return for prosecutorial immunity for helping Americans evade taxes.
https://www.usatoday.com/story/news/world/2014/01/22/swiss-banking-secrecy/4390231/
What’s the difference if I put my money in a swiss bank account or a safe deposit box or a PO Box ? how do the owners become liable for my stuff?
First off I reject as totally not constitutional in the U.S. is the many “guilty until proven innocent” financial reporting laws on the federal law books, even as they apply to Americans and American institutions. These are not laws and practices where information is demanded and required to honor a warrant. What has happened is every financial transaction by everyone (above certain amounts depending on the transaction) is presumed to be “guilty until proven innocent” and is required, by law to be reported - so federal agencies can go on fishing expeditions in the data, and knowing nothing about the context can flag anything they want to as suspicious.
Half of this, the foreign banks’ half, would not even exist if the U.S. had a territorial banking system, like most all our major trading partners do, wherein what companies or individuals do not earn in the domestic U.S. economy would not part of what is taxable as far as U.S. taxes (and thus no legal need for U.S. agencies to know).
Not only should the Swiss banks win this legal contest we should (a) move to a territorial tax system and (b) kill this laws that require the automatic reporting of ANY financial information, of any amounts. Yes, file your taxes, but outside of that there should be cause for suspicion and a legal warrant obtained from a court to demand any other report of the peoples private finances.
Legal answer: if the Constitution says you can, yes you can.
Two huge practical problems:
1: If “we” can do it to “them” in “their” country, that’s precedent for “them” to do it to “us” in “our” country.
2: How do you enforce a judgement or sentence?