The SecState Has Final Discretionary Authority Over Extradition

The spokesman for Harry Dunn's family has pronounced himself dissatisfied with statements issued yesterday by the U.S. State Department and by the lawyer representing the American driver. Quoted in the UK Guardian today, Harry Dunn family condemns Anne Sacoolas lawyer:

“There are extradition proceedings under way, and whether the British authorities’ decision yesterday was helpful or not to the American government, this case will be dealt under the rule of law, which we know is just as important to Americans as it is to British people."

“To the extent that anyone in authority seeks to impede a lawful request from the British for Anne Sacoolas to be brought back to the UK, they will ultimately have to put their argument to an independent judge in court.”

Not for the first time, he is wrong.

As I posted yesterday, all you need to know about extradition to the U.S. is explained in a guide written by that same lawyer the family's spokesman condemns. The bottom line is that, by U.S. law, "the Secretary of State has final discretionary authority over whether to extradite a person found extraditable by the court."

The SecState is a guy named Mike Pompeo, and he has already refused a request from his British counterpart to waive diplomatic immunity and allow the driver to be prosecuted in the UK. The ultimate decision in any extradition case will be his alone.