Artt

Opinion by Judge D.W. NELSON; Partial Concurrence and Partial Dissent by Judge GOODWIN.

Pol Brennan, Kevin Barry John Artt, and Terence Damien Kirby (“the appellants”) appeal the district judge’s decision to certify them for extradition to the United Kingdom, pursuant to 18 U.S.C. § 3184 and the Extradition Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, June 8, 1972-Oet. 21, 1976, U.S.-U.K., 28 U.S.T. 227 (en *464 tered into force Jan. 21, 1977) (the “1977 Treaty”), as modified by the Supplementary Treaty Concerning the 1977 Treaty, June 25, 1985, U.S.-U.K, reprinted in S. Exec. Rep. No. 17, 99th Cong., 2d Sess., 15-17 (1986) (“Supplementary Treaty”). See Matter of Artt, 972 F.Supp. 1253 (N.D.Cal.1997).

The appellants raise a number of defenses to extradition. They argue collectively that the extradition scheme established by Section 3184, the 1977 Treaty, and the Supplementary Treaty, unconstitutionally violates the doctrine of separation of powers and may not be used as a basis for their extradition. Alternatively, they claim that the district judge misapplied the extradition…

Dissenting in part, Concurring in part:

While I concur in much of the carefully researched and reasoned majority opinion, I cannot join in its ultimate conclusions. .Moreover, because the terms of the Supplementary Treaty, Article 3(b), preclude review of this decision by the United States Supreme Court, I find it especially necessary to voice my concerns.

First, I believe the able trial judge correctly applied the Supplementary Treaty to Brennan’s case. When one is caught carrying a primed bomb of devastating power, ready to detonate at the carrier’s pleasure, it is not reasonable to characterize the offense as merely an “intent crime.” Carrying such a bomb in such circumstances is criminal conduct, involving the use of a bomb. Such an offense has been removed by the Supplementary Treaty from the “political offense” exception, the perceived abuse of which underlay the negotiation of that remedial treaty.

With reference to Artt and Kirby, I believe that the majority reaches well beyond our limited power to review extradition requests under Article 3(b). The majority concludes that generalized evidence of systemic bias within Northern Ireland’s justice system is admissible to…