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Can the US indict Golding?
Article Published: Sunday, May 30th, 2010
The official death count is 73 and climbing. Scores nursing injuries putting additional pressure on beleaguered hospitals and millions of dollars in loss income, after Prime Minister Bruce Golding bowed to pressure and telegraphed his administration’s intention to greenlight the extradition of alleged drug kingpin Christopher ‘Dudus’ Coke.
Several people many of whom are rabid supporters of the ruling Jamaica Labour Party while mourning the loss of their relatives killed in gun battles between gunmen and the security forces since Monday are blaming the Prime Minister for the carnage.
Experts argue that while the US extradition request has finally been granted by Jamaica — most would argue, far too late — the controversy is not yet over.
Some US attorneys argue that potentially criminal activity occurred during the delay in granting the request, and there could be repercussions within the United States for the involvement of Government officials in Jamaica.
The question they asked is what are the consequences for the violation of a direct treaty obligation, when failure to do so could constitute obstruction of justice, albeit across national borders? And what conduct specifically could be grounds for an indictment?
It could be argued that the conduct of JLP officials, whether acting within the scope of their parliamentary duties, was in direct violation of several US laws, US legal experts said.
While the decision to delay the extradition was on its face merely political action, the means by which it occurred were something different. They pointed to Golding’s authorization of Harold Brady, a leading JLP member, to contract US law firm Manatt, Phelps & Phillips and its filings under the Foreign Agents Registration Act, which contradict claims that the lobbying was done by the JLP and not the Government.
Such misrepresentations are likely to constitute violations of the act. But a more troubling scenario exists. It is probable, the lawyers argue, for a US grand jury indictment, that the actions, which include potentially fraudulent representations on a FARA filing, could be viewed as conspiracy or obstruction of justice.
It is true that the actions were superficially a delay of the extradition, but they in fact represent what could be an intricate conspiracy to prevent a US Grand Jury investigation.
Precedent
The US attorney has not on several occasions, denied that sealed indictments exist for Jamaican officials, including members of Golding’s cabinet. While an indictment of a sitting head of government would be an almost unprecedented act, considering the conduct of the Jamaican Government spending a great deal of time shirking its treaty obligations, it would not be unreasonable.
However, there is precedent. Several Caribbean leaders have been indicted by the United States, and their situations can be instructive.
Observers pointed to United States v. Saunders where several officials of the sitting Government of the Turks & Caicos were indicted and arrested by federal DEA agents on charges of conspiracy to import and distribute cocaine. The distinction, however, is that the officials were all arrested in the United States for activities there.
While United States v. Noriega is relevant for the fact that a head of state within the region was indicted and arrested, there are distinctions: namely, Noriega’s own authority to govern was in serious question at the time, and the circumstances of the US invasion make for a drastic difference. Noriega was captured militarily.
Blaming Golding
Former prime minister and Member of Parliament for west Kingston is also blaming Golding.
“I can understand that prior invasions by the security forces in 1993 and 2001 were political, as the PNP tried to weaken me leading up to the elections but I cannot understand what is happening today,” Seaga told host of This Morning Show on Nationwide News Network. Continuing, Seaga who built the garrison constituency said, “The gunmen were told to get out by the Prime Minister who telegraphed what he was going to do and I m blaming the PM for what happened there.”
Blasting Golding’s handling of the constituency, Seaga charged that Golding’s idea of the responsibility of an MP was for them to go to Parliament and make speeches on national and international affairs while leaving the constituency, which has been nourished by “me for 40 years. You cannot leave a constituency, which I have nourished for 40 years and don’t expect the breach to be filled.”
The former politician recalled that in 1994 he gave a list of 13 names including ‘Dudus’ to then commissioner of police, Colonel Trevor MacMillan because they were building a gang in the community and he was laughed to scorn.
Seaga said he offered $25,000 from his own pocket for Dudus capture because “we don’t want him there then and that is how I feel no
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