Ghosn accomplices can be extradited

On 11 February 2021, the US Court of Appeals for the First Circuit refused an emergency motion, filed on behalf of Michael and Peter Taylor, to stay their extradition to Japan pending an appellate review.

Michael Taylor, a former member of the US special forces, and his son are sought by Japanese authorities for their alleged role in the escape of former Nissan Motor Co. Chairman Carlos Ghosn from house arrest in Japan on 29 December 2019.

Lawyers for the Taylors previously argued that the Japanese request should be refused as the offence for which the Taylors were sought, aiding “bail jumping”, is not an extraditable offence. Rejecting this argument, the US court considered that a Japanese court would be best placed to determine questions on Japanese law.

Declining to intervene and refusing to order a stay, the Court of Appeals held that the applicants had failed to demonstrate a likelihood of success on the merits of the application and, more generally, failed to demonstrate that a stay was in order.

On Saturday 13 February 2021, Supreme Court Justice Stephen Breyer, on behalf of the full court, refused a last-ditch application for a stay made on behalf of the pair thereby paving the way for their transfer to Japan.