Crime & Law Enforcement Issues & Death Penalty/What happens when

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Question
What happens when the US United States Attorney subpoenas a person to testify in front of the grand jury or in Federal court, and he says that he will not testify or give information unless there is a diplomatic assurance made to the Belgium government that the death penalty would not be sought? He tells the FBI the same thing when they try to question him. He says that he is a citizen of Belgium and the United States and wants to contact the Belgium embassy. He says that he, will not cooperation with countries on cases involving the death penalty like the case below involving the Australian police.

Calls to halt police cooperation with countries with death penalty

Posted 1 May 2015, 8:47pmFri 1 May 2015, 8:47pm

The bodies of executed Australians Andrew Chan and Myuran Sukumaran are due to return to Sydney this morning as a renewed debate erupts over capital punishment. A former Supreme Court justice wants Australia to stop all police cooperation with countries on cases involving the death penalty. Ken Crispin believes newly revised guidelines for Australian Federal Police are too weak, and can't guarantee there won't be a repeat of the Bali Nine case.

http://www.abc.net.au/news/2015-05-02/calls-to-halt-police-cooperation-with-coun

http://www.bbc.com/news/world-australia-32527666

http://en.wikipedia.org/wiki/Soering_v_United_Kingdom

The U.K. government obtained further assurances from the U.S. regarding the death penalty before extraditing Söring to Virginia. He was tried and convicted of the first degree murders of the Haysoms and, on 4 September 1990, sentenced to two consecutive life terms. He is serving his sentence at the Buckingham Correctional Center in Dillwyn, Virginia.

Answer
I'm not sure the diplomatic immunity arguement will hold up.  Generally, one has to be in possession of a diplomatic passport or visa to claim diplomatic privelege.  to complicate matters, I don't believe the US recognizes dual citizenship.  In order to become a US citizen, you are required to renounce other allegiances.

Further complicating the matter is the prospect of contempt of court.  If ordered to answer questions by the judge under threat of contempt of court, and the witnesss may find themself in jail until they answer the questions.  The Belgium itizenship could resullt in expulsion from this country, as well.

I reccommend consulting an attorney experienced in such matters.  It would be money well spent.

Crime & Law Enforcement Issues & Death Penalty

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Jim Klein

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I can answer questions regarding prison issues, including use of force, classification, security, health service, foodservice, disciplinary issues, and custody levels. I can also answer questions regarding methods of execution, specifically lethal gas and lethal injection, and can address some court decisions regarding both. I am also an FBI certified Negotiator, and have experience in prison hostage situations, and was a tactical team member for almost 12 years.

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I worked for the Arizona Department of Corrections for over 20 years, then for a private prison for a year after my retirement from the the state. I was on the tactical team for almost 12 years, a member of the Special Operations (executions) team for nine years. I worked every custody level , and held every security rank from Correctional Officer to Major. I was Chief of Security of three different custody levels, and two different prison complexes. I am heavily certified in training, including use of force, firearms training, Crisis Avoidance, Inmate Managenet, and many others. I retired as a Deputy Warden in 2005.

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None now Past: American Correctional Association American Tactical Officers Association

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I have 78 credits towards a BSBM with the Univerity of Phoenix Online.

Awards and Honors
Meritorious Service Award Supervisor of the Month

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Maricopa County Attorney's Office

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