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Feds say Americans' bid to avoid extradition in Ghosn escape is 'flawed'

BOSTON — U.S. prosecutors on Tuesday said a former Green Beret and his son, wanted by Japan for helping former Nissan boss Carlos Ghosn flee the country, were advancing a "flawed" interpretation of Japanese law to fight their extradition. Michael Taylor and his son, Peter Taylor, were arrested in Massachusetts last month at Japan's request for allegedly smuggling Ghosn out of the country on Dec. 29, 2019, in a box while he was out on bail awaiting trial on financial charges. Ghosn fled to Lebanon, his childhood home, after being charged with engaging in financial wrongdoing, including by understating his compensation in Nissan's financial statements. He denies wrongdoing. Lawyers for the Taylors in a motion last week asked a federal judge in Boston to quash the provisional warrants issued in May for their arrests, arguing that "bail jumping" is not a crime in Japan. Defense lawyers argued that helping someone jump bail was also not a crime. While Japan issued arrest warrants for the Taylors in January, the lawyers said the crime stated in the warrants is an immigration offense and a non-extraditable misdemeanor. But U.S. prosecutors in a brief filed on Tuesday said it would be "unprecedented" for the extradition case at this junction to be tossed based on a "flawed interpretation of Japanese law and a mischaracterization of the facts." While Japan has not yet formally sought their extradition, the country has confirmed that Taylors' conduct constitutes a felony, U.S. prosecutors said. "The purported loophole through which the Taylors seek to evade justice simply does not exist," U.S. prosecutors wrote. Prosecutors added that neither Taylor, including Michael, a U.S. Army Special Forces veteran and private security specialist, should be released from jail as they are flight risks. Abbe Lowell, the Taylors' lawyer, said he was reviewing the filing. Related Video: Government/Legal Mitsubishi Nissan Renault Carlos Ghosn

Japan plans real-world diesel emissions test after companies fail

Japan's transport ministry plans to start real-world diesel emissions tests after an experiment found four models from Toyota, Nissan, and Mitsubishi that produced more nitrogen oxide (NOx) emissions than the nation's rules allow, according to The Japan Times. Regulators there usually only perform emissions checks in the lab. The VW diesel scandal has everyone double-checking their figures. Diesel versions of the Toyota Hiace van, Land Cruiser Prado, and Nissan X-Trail produced up to 10 times more NOx than allowed. The Mitsubishi Delica D:5 was up to five times over the limit, The Wall Street Journal reports. There was no evidence of defeat devices in the vehicles. Mazda performed well in the experiment, though. The CX-5 passed with nearly the same results on the road and in the lab. The Demio, better known as the Mazda2, did nearly as well with only slighter higher figures in the real world than in the controlled setting. The experimenters theorized the reason for the excessive emissions was that cold weather caused the engines' software to shut off the exhaust gas recirculation to prevent damage, according to the WSJ. However, this behavior also increased NOx production. Toyota, Nissan, and Mitsubishi don't have to worry about punishment from the transport ministry because this check was just an experiment. Their models already passed the mandated lab tests, which was the only requirement, according to The Japan Times. As governments begin greater real-world emissions tests, the results suggests diesels aren't very clean. A recent check in France found models from Ford, Renault, and Mercedes-Benz that didn't perform up to the standards. Regulators in India conducted similar evaluations and ordered VW to recall over 300,000 vehicles. Related Video:

Ex-Green Beret arrested in Ghosn's escape has lived a life of danger

This Dec. 30, 2019, image from security camera video shows Michael L. Taylor, center, and George-Antoine Zayek at passport control at Istanbul Airport in Turkey. Taylor, a former Green Beret, and his son, Peter Taylor, 27, were arrested Wednesday in Massachusetts on charges they smuggled Nissan ex-Chairman Carlos Ghosn out of Japan in a box in December 2019, while he awaited trial there on financial misconduct charges. / AP   Decades before a security camera caught Michael Taylor coming off a jet that was carrying one of the world’s most-wanted fugitives, the former Green Beret had a hard-earned reputation for taking on dicey assignments. Over the years, Taylor had been hired by parents to rescue abducted children. He went undercover for the FBI to sting a Massachusetts drug gang. And he worked as a military contractor in Iraq and Afghanistan, an assignment that landed him in a Utah jail in a federal fraud case. So when Taylor was linked to the December escape of former Nissan CEO Carlos Ghosn from Japan, where the executive awaited trial on financial misconduct charges, some in U.S. military and legal circles immediately recognized the name. Taylor has “gotten himself involved in situations that most people would never even think of, dangerous situations, but for all the right reasons,” Paul Kelly, a former federal prosecutor in Boston who has known the security consultant since the early 1990s, said earlier this year. “Was I surprised when I read the story that he may have been involved in what took place in Japan? No, not at all.” Wednesday, after months as fugitives, Taylor, 59, and his son, Peter, 27, were arrested in Massachusetts on charges accusing them of hiding Ghosn in a shipping case drilled with air holes and smuggling him out of Japan on a chartered jet. Investigators were still seeking George-Antoine Zayek, a Lebanese-born colleague of Taylor. “He is the most all-American man I know,” TaylorÂ’s assistant, Barbara Auterio, wrote to a federal judge before his sentencing in 2015. “His favorite song is the national anthem.” Kelly, now serving as the attorney for the Taylors, said they plan to challenge JapanÂ’s extradition request “on several legal and factual grounds.” “Michael Taylor is a distinguished veteran and patriot, and both he and his son deserve a full and fair hearing regarding these issues,” Kelly said in an email.