This is almost certainly the case. And there would no precedent for it, but Trump definitely plans on making one
I’ve no idea if he intends to make an example of this case. It would seem a good testcase for him to use as who wouldn’t want the government to be able to expell an convicted mass murderer who escaped punishment for their crime, and make sure he goes to prison and is no longer free to walk the streets of America? If it is allowed and the precedent is set, the next people targeted will not be mass murderers rather US citizens who have said bad things about trump
Not that i think this was planned for this reason, no matter what happens. This was just the incompetent cruel lazy fascists in the Trump administration being lazy, incompetent and cruel (they didn’t give two craps who was being freed by Venezuela as long they got to send some brown skinned people from America to a horrible fate in Venezuela)
Sort of. The USA specifically is not limited by trial or conviction by other countries. If a person murders an American citizen in Spain, is tried, convicted, and serves, that person can still be tried, convicted and killed by an American court.
Though this is a case where the individual was tried for a crime that took place in Spain, with evidence supplied by Spain and other cooperation by the Spanish justice system (AFAIK there is no American equivalent to the treaty that allows this to happen). So even if that exception to double jeopardy applies in Spain it may not apply in this case.
Evidently, this article has been interpreted by judges in Venezuela to also apply to those who are no longer Venezuelan citizens but had been. That’s what saved him from Spain’s request for extradition.
AFAIK, retaining another nationality is generally a hindrance to acquiring a security clearance and that alone would cause difficulties in receiving a commission. I guess I’m leaning on “he got commissioned, so he must have renounced.”
There isn’t any actual requirement to renounce previous citizenship to get naturalized as a US citizen. But, personally, I think his, let’s call it infatuation with filing false and/or forged documents should trigger another look at what he presented to enter the US and get naturalized.
This was my question - to what extent does the cooperation of Spain in a Venezuelan prosecution for a Spanish crime become considered a “Spanish conviction” and hence prohibit double jeopardy - Would Spain be unable to try him for the crime? If so, then obviously they could not extradite him either.
The crime was, from all news accounts, long after he had been in the military and long after he was naturalized.
The problem is - generally, de-natuaralization happens on the basis that the person lies about not having committed a crime in another country (classic case - Holocaust prison guards). I assume that’s a simple question on the natuarlization and immigration forms,
have you been convicted of a crime"? The same issue arose in Canada under PM Harper, who wanted to be allowed to denaturalize “terrorsists” who had dual nationality. Unfortunately, this would create two classes of citizens, those who could lose their nationality (such as myself, born here to British parents) and those who could not. If citizenship can be yanked for any pretext the government can find, or they can deport whomever they choose, then citizenship becomes meaningless.