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Judge denies bail for men accused of sneaking Carlos Ghosn out of Japan

BOSTON — Two American men wanted by Japan on charges that they helped sneak former Nissan Chairman Carlos Ghosn out of the country in a box have again been denied release from a U.S. jail. U.S. District Judge Indira Talwani on Friday rejected a bid to free Michael Taylor, a 59-year-old U.S. Army Special Forces veteran, and his 27-year-old son, Peter Taylor, on bail while they fight their extradition to Japan. Talwani said a magistrate judge properly found the two men to be a risk of flight. “While the Taylors may well seek to remain in the United States to fight extradition through available legal channels, they have also shown a blatant disregard for such safeguards in the context of the Japanese legal system and have not established sufficiently that if they find their extradition fight difficult, they will not flaunt the rules of release on bail and flee the country,” Talwani wrote. An attorney for the Taylors declined to comment Saturday. Their lawyers have said the men have no plans to flee and argue their health is at risk behind bars because of the coronavirus pandemic. The Taylors have been locked up in a Massachusetts jail since their arrest in May. Authorities say the Taylors helped smuggle Ghosn out of the Japan on a private jet while he was on bail and awaiting trial on financial misconduct allegations. With former the Nissan boss hidden in a large box, the flight went first to Turkey, then to Lebanon, where Ghosn has citizenship but which has no extradition treaty with Japan. Ghosn said he fled because he could not expect a fair trial, was subjected to unfair conditions in detention and was barred from meeting his wife under his bail conditions. Ghosn has denied allegations that he underreported his future income and committed a breach of trust by diverting Nissan money for his personal gain. The Taylors have not denied helping Ghosn flee, but argue they can't be extradited. Among other things, they say that “bail jumping” is not a crime in Japan and, therefore, helping someone evade their bail conditions isnÂ’t a crime either. In a court filing on Friday, federal prosecutors urged Magistrate Judge Donald Cabell to rule that the men can be legally extradited. The U.S. Secretary of State will make the final decision on whether they will be handed over to Japan.

Lawyer for Ghosn slams bail condition as human rights violation

TOKYO (AP) — The lawyer for Nissan's former chairman Carlos Ghosn on Saturday criticized a bail condition that prevents his client from seeing his wife, as Ghosn awaits trial on financial misconduct charges. A judge has forbidden Ghosn from seeing his wife, Carole, including in the presence of lawyers, or talking to her on the phone. Prosecutors say the restriction is needed to prevent evidence tampering. "This is unfair," Takashi Takano, the lawyer, said in a phone interview, calling it a human rights violation. "It's cruel and unusual." His earlier appeal of the ban, rejected by district and appeals courts, went to the Supreme Court, which turned it down last month. The Supreme Court decision cannot be appealed, but Takano vowed to keep filing new petitions, stressing that the Supreme Court has not yet ruled on the constitutionality or the human rights aspects. The next one will be filed within two or three weeks, he said. Ghosn's lawyers recently filed a second petition with the U.N. Working Group on Arbitrary Detention, arguing that the restrictions on seeing his wife amount to a deprivation of fundamental human rights. Takano acknowledged that the situation looks dismal, as Japan's Supreme Court is not easily influenced by other governments' views or by public opinion. "Even the strongest man in the world can be stressed, psychologically damaged. That's very natural as a human being," said Takano, noting that Ghosn was holding up well compared to other clients he has had. Ghosn has been aggressively taking part in meetings with his defense team, according to Takano. The case has entered the stage known as "pre-trial sessions," during which both sides hand in evidence. A trial date has not been set. In Japan, preparations for trials routinely take months. Ghosn, who led Japanese automaker Nissan Motor Co. for two decades, was arrested in November and charged with falsifying financial documents in reporting retirement compensation, and with breach of trust in diverting Nissan money toward personal investment losses and a company effectively run by him. Ghosn, 65, a Brazilian-born Frenchman of Lebanese ancestry, has repeatedly said he is innocent, accusing some at Nissan of plotting against him and opposing a plan to merge Nissan with French alliance partner Renault. Renault is set to vote Tuesday on a possible merger with Fiat Chrysler.

Nissan not shuttering Leaf EV battery plants, at least not yet

The big news on the electric vehicle front today is that Nissan is considering slowing down EV battery production in the US and UK and source all of Nissan's big packs come from Japan. Nissan may also buy some batteries from the Korean company LG Chem. This is apparently causing dissent within Nissan, but it follows what Alliance partner Renault is doing in the hunt for 180-mile EVs. This change – officially denied by Nissan – raises a lot of questions here, since Nissan made a huge deal about building the Leaf pack in Tennessee a few years ago. In fact, the car's big price drop was due, in part, to localizing battery production. If the company is really going to give up on building the packs where it makes the cars, then does Nissan not see itself as being capable of producing an energy-dense battery cheap enough to compete with Tesla and its Gigafactory and GM (which, of course, has long worked with LG Chem on batteries)? Whatever Nissan decides, it needs to be ready to compete in a market that offers a $35,000, 200-mile car by 2017. "We have not taken any decision whatsoever to modify battery sourcing allocation." – Renault-Nissan's Rachel Konrad Nissan would not comment directly on the reported change, but Rachel Konrad, the Alliance's global director of communications and marketing told AutoblogGreen, "The Renault-Nissan Alliance remains 100 percent committed to its industry-leading EV program. This global commitment continues for the foreseeable future, and we have not taken any decision whatsoever to modify battery sourcing allocation. Nissan has no plans to impair its battery investments. Beyond that,we will not comment on speculation or anonymous sources, and as a matter of policy the Alliance does not confirm or deny procurement reviews." There's a point-of-view where it doesn't matter where the batteries come from if the resulting EV is competitive, price-wise. Renault CEO Carlos Ghosn, after all, said during a recent Twizy test drive that the battery is a means, and the objective is the car. In the end, Nissan is saying it has no near-term or medium-term plan to shutter plants in US or UK and CEO Carlos Ghosn says, "What's important to us is that electric car performance fully meets customer expectations." Whatever's going on, Ghosn has seen three top executives leave the Renault-Nissan family recently.