We just noted how the procedural delays in the case against Kim Dotcom meant that it was more difficult for him to fight back against the US government. In response to all of this, Dotcom is offering the Justice Department a deal. He will come to the US and defend the case here if it agrees to unfreeze assets specifically to allow him to fight the case (i.e., pay lawyers and living expenses during the trial). In other words, he’s willing to skip the extradition fight and believes he can win in a US court, if they’re willing to actually let him access the money to pay for the defense. As he told the New Zealand Herald:

He said he would willingly go to the US if he and his co-defendants were given a guarantee of a fair trial, money to pay for a defence and funds to support themselves and their families.

“They will never agree to this and that is because they can’t win this case and they know that already.”

This is an interesting move, because it’s entirely possible that the DOJ will call his bluff here. Certainly, some of the strength in Dotcom’s case is that he wasn’t violating New Zealand law (which is required for the extradition to take place). A fight in a US court, against the DOJ, is a much tougher proposition — and a very risky bet. There are a lot of reasons why Dotcom may have a strong case, but the DOJ rarely loses. It happens, but it’s rare. Even in extreme cases, the DOJ is pretty good at railroading those they indict to “plea” out of a case rather than face a full trial.

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