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United States v. Craig Arthur Leitner
Citations: 784 F.2d 159; 1986 U.S. App. LEXIS 22584; 1986 WL 732731Docket: 86-8009
Court: Court of Appeals for the Second Circuit; February 20, 1986; Federal Appellate Court
An appeal from the United States District Court for the Eastern District of New York was reviewed, concerning the denial of bail pending extradition to Israel for Craig Arthur Leitner, a U.S. citizen charged with violent acts against Arabs in 1983-84. After being released on bail in Israel, Leitner fled to the U.S. in September 1984, where he lived openly, obtaining a taxi license and attending Pace Law School. The government issued a provisional arrest warrant in June 1985, but Leitner was not arrested until January 1986. The District Court found that Leitner posed a minimal flight risk, considering his family ties, lack of prior criminal record, and the pressures leading to his flight. The appeal court affirmed the district court's decision, reiterating that federal courts can grant bail in extradition cases only under "special circumstances," as established in Wright v. Henkel. Additionally, there is a presumption against bail in such cases, which can only be overridden in pressing circumstances. The appeal also noted that the Israel-United States extradition treaty necessitates a "case of urgency" for provisional arrest applications. The court ruled that the nature of the alleged violent acts and the associated risk of flight justified the denial of bail, emphasizing that "urgency" encompasses not just timing but also the significance of the case to the requesting country and U.S. foreign policy concerns. The treaty parties exhibited a lack of urgency in arresting Leitner, despite his visibility as a taxi driver and law student. The Government's assertion of difficulty in locating him is regarded skeptically. Judge Nickerson acknowledged that the urgency in extradition cases, particularly those involving terrorism, is heightened due to the nature of the crimes and the risk of flight. He emphasized that Leitner's choice to flee Israel, the seriousness of his alleged crimes, and the extradition interests of both governments weigh heavily against granting bail. While bail may be considered in "special circumstances," Leitner's situation lacks unique factors that would warrant such an exception, aside from a bond and his clean record in the U.S. Additionally, Leitner has been detained for a month, and according to Article XI of the treaty, he must be released after sixty days if no extradition request is received. The order to affirm the detention is upheld.