In the Matter of the Extradition of Mahmoud Abed Atta, a/k/a (Also Known As) "Mahmoud El-Abed Ahmad," Defendant: Memorandum and Order, 88 CV 2008 (ERK)

• NCJ Number: 123239
• Journal: Terrorism Volume: 11 Issue: 5 Dated: (1988) Pages: 419-440
• Author(s): J Korman
• Date Published: 1988
• Length: 22 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

This memorandum and order from the United States District Court of the Eastern District of New York reverses a magistrate's decision not to extradite Mahmoud Abed Atta from the United States to Israel.

Abstract

Mahmoud Abed Atta, an alleged participant in the attack on a bus carrying Israeli settlers from the West Bank to Tel Aviv, was transported from Venezuela to the United States where an extradition hearing was held before Magistrate Caden on December 16 and 17, 1987, and February 22, 1988. On June 17, 1988, Magistrate Caden denied the extradition request, reasoning that the alleged attack was a "political act," which is excepted under the extradition treaty, and that even if the detainee was subject to extradition, it could not be granted on the basis that he was brought into the United States illegally, thus voiding U.S. jurisdiction. The memorandum and order presented in this article is the action on the second extradition complaint filed by the U.S. attorney before the United States District Court, Eastern District of New York. Based on challenges to Magistrate Caden's arguments regarding the nature of a "political act" and substantiation of the facts surrounding the detainee's entry into the United States, the denial of extradition is reversed. The order concludes that Magistrate Caden applied erroneous legal standards and his findings of fact are erroneous. 21 notes.