Judge’s Ruling Blocks Extradition Law, Snarls Canada Kidnaping Case

A federal judge on Thursday declared unconstitutional the 150-year-old extradition law that has allowed Americans accused of crimes abroad to be sent back to face charges in the countries where the offenses occurred.

His ruling blocks the government from shipping to Canada two Chicago men who are charged with kidnaping.

U.S. District Judge Royce C. Lamberth also wrote that he “trusts” that the government would not extradite anyone under the current law. Perhaps 250 people await international extradition, court papers say.

The lawyer for the defendants said Lamberth’s decision is not binding on other extradition cases, but attorneys could ask judges to take it into account.

At the Justice Department, spokesman John Russell said the ruling is under review and Solicitor Gen. Drew S. Days III will decide whether to appeal.

The 1848 law requires a court to decide whether someone can be turned over to a foreign government, but preserves the final decision for the State Department.

That, Lamberth said, is an improper executive branch review of a court decision.

Lamberth had barred the government temporarily in June from extraditing the two: Anthony J. Lobue, a retired police officer, and his partner who is still on the force, Thomas C. Kulekowskis.

The men said they were helping to drive a brain-damaged woman back to Illinois for a medical exam in connection with her personal-injury lawsuit. However, they were charged with kidnaping. The woman has since returned to Canada.