The Trump administration’s
extradition case against millionaire left-wing donor James “Fergie” Chambers, detained in Spain since July, ran into an apparent hurdle when two witnesses called before a federal grand jury announced their intention last week to refuse to testify.
Several observers familiar with the case said the grand jury is likely related to the extradition effort.
The refusal of the grand jury witnesses to testify takes on added importance because the U.S. is pursuing Chambers’s extradition based on a criminal complaint, not an indictment, according to his Spanish lawyers. The criminal affidavit, signed by a single FBI agent, includes three charges related to his support for pro-Palestine causes.
The distinction, critics of the extradition case say, highlights how the case is hung on one agent’s complaint, which remains under seal, rather than a grand jury investigation to determine if the state had sufficient evidence to indict Chambers.
“The complaint is not only vague and weak, it’s not normal,” said Aitor Martínez, one of Chambers’s Spain-based lawyers. “In 20 years of practice, I’ve never seen a U.S. extradition request based on a criminal complaint.”
Martínez pointed to a statement from a summary of the complaint contained in an international arrest order reviewed by The Intercept and directed at Spanish authorities that says, “If Chambers’ extradition to the US is granted, another charging document called an indictment will be sought from a federal grand jury.”
“In 20 years of practice, I’ve never seen a U.S. extradition request based on a criminal complaint.”
Xavier de Janon, the executive director of the U.S.-based
National Lawyers Guild
and who is not working directly on the Chambers case, said, “Seeking an extradition without there being an indictment puts the cart before the horse.”
“If he is extradited under a criminal complaint,” said de Janon, “he can’t even fully challenge the charges, because he hasn’t been indicted.
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