NEW ZEALAND—It simply looks like too convenient an excuse. And why not? The extradition case against Megaupload founder Kim Dotcom is thankless in so many ways... why not use the first opportune moment available to step down as judge?
Still, the rationale given by Judge David Harvey for resigning from the case is on its face pretty weak. He made a joke during a recent internet conference about the United States being "the enemy," and now says that he's worried it might "reflect on his impartiality."
"He made the comment during a NetHui discussion on copyright and trade talks with the United States," reported Stuff.co.nz. "Judge Harvey said during the conference: 'if I could use Russell [Brown's] tweet from earlier on: we have met the enemy and he is [the] US.'"
Sounds pretty damning—almost like he did it on purpose—but blogger and media commentator Russell Brown, who the judge was referencing in his comment (and who chaired the conference) was quick to point out that it was just a joke taken out of context.
According to Stuff, "[Brown] said Judge Harvey’s remark was a pun referring to the United States’ negotiating position on the Trans Pacific Partnership, not declaring war on the United States. The TPP trade agreement between New Zealand and eight other countries has implications for intellectual property law. "
Brown added, "[Harvey] made the comment from the floor, a brief comment. The thrust of his point was about the detail of the negotiations.”
The resignation is nonetheless official, as the Chief District Court Judge has already acknowledged it with the following comment: "He recognizes that remarks made in the context of a paper he delivered on copyright law at a recent internet conference could reflect on his impartiality and that the appropriate response is for him to step down from the case."
It's kind of a shame, considering that, according to Brown, ‘‘[Harvey] is regarded as one of the most tech savvy judges in the country. His ability to be frank and forthcoming at the conference was extremely valuable.’’
Not having such a respected jurist deciding a case that involves a raft of domestic and international issues and laws could actually make the ultimate decision more controversial than if Harvey had remained on the case. As AVN has reported, a successful extradition is on somewhat shaky ground in the aftermath of the High Court's ruling in a separate case that warrants issued to justify the initial raid on Dotcom's home were invalid and evidence that included computer hard drives was illegally seized. The court also indicated that the U.S. Federal Bureau of Investigation was involved in illegal activity for copying evidence that was then sent back to the United States.
Though we'll probably never know, it's possible that Harvey simply wanted no part of a case that cannot end well no matter how it comes down, and somewhat ironically used the U.S. as his way out.
