Category Archives: Dan Duggan

Dan Duggan Part 2 – For The Sake Of Its Citizens And Sovereignty Australia Must Terminate The Extradition Treaty With The United States

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Introduction and purpose:

This is the second post motivated by the Dan Duggan extradition proceedings. The first post was:

U.S. Australian Extradition Treaty: 1974 Original Treaty And 1997 – How Does It Apply To Dan Duggan?

Outline:

Part A – About U.S. Extradition treaties
Part B – Examples Of Using Extradition Treaties To Facilitate The Application Of U.S. Law:
Part C – Why countries really need to end their extradition treaties with the United States
Part D – The Dan Duggan Case – Why Australia Should Refuse Extradition
Appendix – Michael Lynch – AI – Who Would Have Imagined An Extradition Treaty Being Used In The Context Of A Private Contract?

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U.S. Australian Extradition Treaty: 1974 Original Treaty And 1997 – How Does It Apply To Dan Duggan?

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Introduction and purpose:

Some more background …

The U.S. indictment (containing their version of the facts) of Dan Dugan is here.

Mr. Duggan’s citizenship status is an issue …

https://www.abc.net.au/listen/programs/backgroundbriefing/notorious-04-from-top-gun-to-wanted-man/104036632

https://mediacore-live-production.akamaized.net/audio/01/va/Z/ui.mp3

24:34 to about 27:10 – begins talking about U.S. citizenship relinquishment in January 26, 2012. He gets the certificate in 2016. U.S. claiming that he is a citizen until gets a CLN.

https://www.listennotes.com/podcast-clips/notorious-04-from-top-gun-to-wanted-man-P24udWMzkDw/
https://audio.listennotes.com/e/p/a72a45e1cc694f65876a5706e9418203/

The case of Dan Duggan continues. His case involves many issues. An excellent summary and analysis appeared on July 22, 2025 in an article by Paul Degrorie – an Australian based journalist.

https://www.sydneycriminallawyers.com.au/blog/duggan-remains-imprisoned-without-charge-after-1000-days-to-satisfy-our-imperial-masters/

One of the issues is whether Mr. Duggan was a U.S. citizen at the time of alleged offenses.

Australia has a number of “international crime” agreements. A partial description of what they are and how they work is here. The purpose of this post is to consolidate the 1974 Australian U.S. extradition treaty and the 1997 protocol to have the provisions in one place. Extradition is complicated. Changes in the law of one country can affect whether the extradition may apply. For example, here is a situation where a chnage in Mexico’s laws impacts whether the U.S. has rights of extradition under the U.S. Mexico extradition treaty.

Consolidation of the 1974 U.S./Australian Extradition Treaty with 1974 original treaty and 1997 protocol included:

Note: See Appendix C for a description of HOW the United States interprets the treaty.

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The parts of the 1974 treaty that have been deleted appear with a line drawn through them.

The parts of the 1997 protocol that are new appear in italics.

The parts that are unaffected remain the same.

TREATY ON EXTRADITION BETWEEN AUSTRALIA AND THE UNITED STATES OF AMERICA

AUSTRALIA AND THE UNITED STATES OF AMERICA, desiring to make more effective the cooperation of the two countries for the reciprocal extradition of offenders, agree as follows:

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