Volume 27 Issue 2 Article 3
6-15-2020
Beating The Trap: Immigration And Extradition Policies Effecting Beating The Trap: Immigration And Extradition Policies Effecting
The NBA's Enes Kanter And His Status As A Tukish Political The NBA's Enes Kanter And His Status As A Tukish Political
Target Target
Michael Horvath
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Part of the Entertainment, Arts, and Sports Law Commons
Recommended Citation Recommended Citation
Michael Horvath,
Beating The Trap: Immigration And Extradition Policies Effecting The NBA's Enes Kanter
And His Status As A Tukish Political Target
, 27 Jeffrey S. Moorad Sports L.J. 251 (2020).
Available at: https://digitalcommons.law.villanova.edu/mslj/vol27/iss2/3
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BEATING THE TRAP: IMMIGRATION AND EXTRADITION
POLICIES EFFECTING THE NBA’S ENES KANTER
AND HIS STATUS AS A TURKISH
POLITICAL TARGET
I. B
ASKETBALL AND
P
OLITICS
: A
N
I
NTRODUCTION TO
A
MERICA
’
S
M
OST
W
ANTED
I
NTERNATIONAL
A
THLETE
International athletes are increasingly changing the landscape
of American professional sports.
1
Specifically, in the National Bas-
ketball Association (“NBA”), international players have accounted
for nearly a quarter of the athletes that compete in the league.
2
However, no international NBA player faces as much controversy
outside of the sport as does Enes Kanter.
3
A player of Turkish de-
scent and a current member of the Boston Celtics, Kanter has
played in the NBA since 2011 and is considered to be a “journey-
man” of the league.
4
Yet, while Kanter is a prominent basketball
star in America, he is no longer welcome in his home country of
Turkey and is considered to be a political target of the Turkish gov-
ernment.
5
In recent years, Kanter has openly criticized the Turkish
1. See America’s Best Foreign Imports in Sports,
F
OX
S
PORTS
(Oct. 20, 2016, 4:56
PM), https://www.foxsports.com/mlb/gallery/foreign-imports-athletes-united-
states-success-112012 [https://perma.cc/MJW5-U5CT] (discussing foreign-born
superstar athletes in American professional sports).
2. See NBA Rosters Feature 108 International Players From 42 Countries and Territo-
ries,
NBA.
COM
(Oct. 16, 2016, 11:02 AM), https://www.nba.com/article/2018/10/
16/nba-rosters-108-international-players-start-season-official-release [https://
perma.cc/3E3W-MEX3] (explaining that 2018–19 season was fifth consecutive
year that NBA rosters featured over 100 international players and that all thirty
teams had at least one international player).
3. For further discussion of Kanter and the political controversy surrounding
him, see infra notes 44–50, 69–79, and accompanying text.
4. See Enes Kanter,
B
ASKETBALL
R
EFERENCE
,
https://www.basketball-refer-
ence.com/players/k/kanteen01.html [https://perma.cc/XU4N-7PAF] (last vis-
ited Apr. 28, 2020) (showing Kanter’s career statistics); see also Mike Aikins, The
NBA Journeyman: The Saga of Players That Never Found a Home,
B
LEACHER
R
EPORT
(Feb. 4, 2011) https://bleacherreport.com/articles/595059-the-nba-journeyman-
the-saga-of-players-that-never-really-found-a-home#slide1 [https://perma.cc/
5U2A-UVC8] (explaining NBA journeymen are players who struggle to find long-
term homes to play).
5. See Michael McCann, Examining Enes Kanter’s Future Following Turkey’s Arrest
Warrant,
S
PORTS
I
LLUSTRATED
(May 26, 2017), https://www.si.com/nba/2017/05/
26/enes-kanter-erdogan-turkey-arrest-warrant-turkish-government-us-citizenship-
okc-thunder [https://perma.cc/9JF6-V6H7] (reporting Turkey put out interna-
tional arrest warrants for Kanter).
(251)
252
J
EFFREY
S. M
OORAD
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OURNAL
[Vol. 27: p. 251
President Recep Tayyip Erdogan.
6
Most notably, Kanter referred to
Erdogan as a “lunatic,” a “dictator” and went as far as saying that
the country’s leader is the “Hitler of our century.”
7
The star basket-
ball player further alleges the Turkish administration is kidnapping,
torturing, and raping its own citizens every day.
8
Additionally,
Kanter is a devout follower of Turkish cleric Fethullah G
¨
ulen, who
the government of Turkey blamed for the disastrous coup attempt
against President Erdogan in 2016.
9
Erdogan’s administration clas-
sified G
¨
ulen and his movement as a terrorist organization and con-
tinued to push the narrative that Kanter’s involvement with the
movement also establishes Kanter as a terrorist.
10
Kanter’s outspoken personality and his firm allegiance to Erdo-
gan’s political rival Fetullah G
¨
ulen has caused negative backlash
against the NBA player and could potentially place him in more hot
water.
11
Kanter’s family, who still resides in Turkey, face the conse-
quences of Kanter’s protests against President Erdogan and have
taken proper measures to ensure their safety.
12
Due to the reper-
cussions of Kanter’s rebellion against Erdogan, Mehmet Kanter,
6. See Matt Ellentuck, Why Turkey Is Seeking An International Arrest Warrant For
Knicks’ Enes Kanter,
SB N
ATION
(Jan. 17, 2019), https://www.sbnation.com/nba/
2019/1/7/18172721/enes-kanter-arrest-warrant-travel-london-knicks-wizards-tur-
key-president [https://perma.cc/HNT6-EPMB] (referring mostly to Kanter’s dis-
may with Erdogan on Twitter).
7. See id. (reporting on Kanter’s criticism); Bryan Armen Graham, Enes Kanter
Calls Turkey’s Erdogan ‘Hitler of Our Century’ After Airport Detainment,
T
HE
G
UARDIAN
(May 22, 2017), https://www.theguardian.com/sport/2017/may/22/enes-kanter-
airport-detainment-romania-turkey-passport-nba [https://perma.cc/3NC2-ABBF]
(quoting Kanter’s negative remarks regarding President Erdogan).
8. See Graham, supra note 7 (detailing heinous wrongs that Kanter alleges
were committed by Turkish government).
9. See Ellentuck, supra note 6 (explaining Kanter’s relationship with G
¨
ulenist
movement).
10. See Cankut Tasdan, FETO Terror Group Threat To World Peace, Anadolu
Agency (Jan. 22, 2019), https://www.aa.com.tr/en/turkey/feto-terror-group-
threat-to-world-peace-report/1371665 [https://perma.cc/T9RV-EDFM] (describ-
ing Fethullah Terrorist Organization or “FETO” as orchestrator of Turkey’s failed
coup, disrupter of peace throughout world); see also Dylan Matthews, Turkey’s
Coup: The G
¨
ulen Movement, Explained,
V
OX
(Sep. 13, 2016), https://www.vox.com/
2016/7/16/12204456/G
¨
ulen-movement-explained [https://perma.cc/767P-
WT29] (explaining G
¨
ulenist ideologies regarding its movement).
11. For further discussion of Turkey’s negative backlash against Kanter, see
infra notes 85–93 and accompanying text.
12. See Graham, supra note 7 (reporting Kanter’s family cannot be in contact
with him or they will be placed in jail and describing that Kanter’s father cannot
even go to grocery store without being spit on by Erdogan supporters); see also
Seyma Eraz & Yunus Paksoy, G
¨
ulenist NBA Player Kanter Disowned By Family For Ties
With FETO,
D
AILY
S
ABAH
(Sep. 8, 2016), https://www.dailysabah.com/basketball/
2016/08/08/G
¨
ulenist-nba-player-kanter-disowned-by-family-for-ties-with-feto
[https://perma.cc/GU2U-GQY2] (acknowledging that Kanter’s family in Turkey
has disowned him).
2020]
B
EATING THE
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253
Kanter’s father, publicly disowned his son by saying that he “apolo-
gize[s] to the Turkish people and the president for having such a
son.”
13
Furthermore, both Mehemet and Kanter continue to re-
ceive death threats from supporters of Erdogan’s political
following.
14
In the wake of Kanter’s involvement with the Fethullah Terror-
ist Organization (“FETO”), the Turkish government revoked his
passport in 2017, which led to his detainment in a Romanian air-
port.
15
In the same year, a judge from Turkey issued an interna-
tional arrest warrant against the veteran basketball player following
an investigation that associated Kanter with G
¨
ulen’s organization.
16
With no passport and a constant fear of arrest or assassination, Tur-
key’s actions have limited Kanter’s ability to fulfill his NBA obliga-
tions by traveling to play in international games.
17
As a member of
the Portland Trailblazers in 2019, Kanter refused to travel and play
with the team in a March game against the Toronto Raptors in Ca-
nada.
18
Earlier in the 2018–2019 season, as a member of the New
York Knicks, Kanter cited concerns of assassination as the reason he
would not travel with the team to London to play a game against
the Washington Wizards.
19
This Comment suggests Kanter’s refusal to travel internation-
ally is warranted, given his political standing, but is precautionary at
13. Eraz & Paksoy, supra note 12 (quoting Mehmet Kanter’s announcement
to Turkish government and citizens).
14. See Graham, supra note 7 (stating that both Kanter and Mehmet receive
death threats daily, mostly through social media).
15. See Olivia Roberts, NBA Player Claims Passport Revoked For Criticizing Turkish
President,
T
HE
H
ILL
(May 20, 2017), https://thehill.com/homenews/administra-
tion/334386-nba-player-enes-kanter-claims-hes-being-detained-for-criticizing
[https://perma.cc/MA2W-UWUF] (reporting that Kanter was detained because
embassy of Turkey cancelled his passport). FETO stands for the “Fethullah Terror-
ist Organization.” See id. (explaining Turkey’s relationship with FETO).
16. See McCann, supra note 5 (reporting international arrest warrant details
against Kanter).
17. See Jenna West, Enes Kanter Won’t Travel With Trail Blazers To Toronto, Fears
Arrest if He Leaves U.S.,
S
PORTS
I
LLUSTRATED
(Feb. 28, 2019), https://
www.si.com/nba/2019/02/28/enes-kanter-not-traveling-toronto-fears-arrest
[https://perma.cc/H8ZX-F6QM] (indicating Kanter normally fears traveling in-
ternationally, although he did play in Toronto on Christmas Day 2019).
18. See id. (discussing that President Erdogan is reason Kanter felt unsafe to
travel to Canada).
19. See Michael McCann, Taking Stock Of Enes Kanter’s Citizenship With Impend-
ing London Game Absence,
S
PORTS
I
LLUSTRATED
(Jan. 5, 2019), https://www.si.com/
nba/2019/01/05/enes-kanter-knicks-london-game-citzenship-green-card-turkey-
president-erdogan [https://perma.cc/GQ8C-GGXA] (describing Kanter’s allega-
tions that he could be killed if he were to travel overseas to London).
254
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S. M
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[Vol. 27: p. 251
best.
20
Turkey’s international arrest warrant for Kanter and its use
of Interpol will not allow Turkey to capture Kanter.
21
While the
Turkish government can petition for the extradition of Kanter, the
extradition treaties existing between Turkey and the United States
or Canada would bar a court from sending Kanter back to his home
country.
22
Further, Kanter’s Green Card provides him an accessible
way to travel to Canada and a United States passport could be await-
ing him in the near future.
23
Kanter most likely will not have to live out his worst fears by
returning to Turkey.
24
In addition to the relevant treatises favoring
Kanter, he has received widespread support from several United
States Senators, the Canadian Prime Minister, and the NBA Com-
missioner.
25
Further, his worries may subside when he is able to
apply for citizenship in a few shorts years, which leads to passport
eligibility.
26
Although the imminent threat of NBA expansion in
20. See McCann, supra note 5 (explaining Turkey cannot arrest Kanter while
he is outside of warranting country).
21. See id. (explaining lack of merit in Turkey’s warrant for Kanter); see also
Red Notices,
I
NTERPOL
, https://www.interpol.int/How-we-work/Notices/Red-No-
tices [https://perma.cc/9WYE-52CQ] (last visited Apr. 27, 2020) (stating that Red
Notices cannot be used as capture methods for extraditions of fugitives or
criminals). For further discussion of Interpol in relation to Kanter, see supra notes
192–204 and accompanying text.
22. See Extradition Requests To Canada,
C
ANADA
D
EP
’
T OF
J
UST
.,
https://
www.justice.gc.ca/eng/cj-jp/emla-eej/tocan-aucan.html [https://perma.cc/9GFB-
PVNX] (last visited Apr. 27, 2020) (detailing Canada’s procedures and laws regard-
ing extraditing foreign fugitives); see also International Extradition and Related Mat-
ters,
U.S. D
EP
’
T OF
J
UST
.,
https://www.justice.gov/jm/jm-9-15000-international-
extradition-and-related-matters#9-15.635%239-15.635 [https://perma.cc/54XY-
AJMN] (last visited Apr. 27, 2020) (summarizing United States’ general principles
related to obtaining fugitives from abroad); see also Turkey Extradition Treaty With the
United States,
I
NT
’
L
E
XTRADITION
L
AWYERS
, https://internationalextradition-
blog.com/2011/06/20/turkey-extradition-treaty-with-the-united-states/ [https://
perma.cc/Z2A5-ZRYS] (last visited Apr. 27, 2020) (showing current existing
United States extradition treaty with Turkey).
23. See The Path To Legal Permanent Residence: An Overview,
HG L
EGAL
R
E-
SOURCES
, https://www.hg.org/legal-articles/the-path-to-legal-permanent-resi-
dence-an-overview-51381 [https://perma.cc/5L2W-H429?type=image] (last visited
Apr. 27, 2020) (discussing international traveling abilities of Green Card holders);
see also McCann, supra note 19 (applying Green Card restrictions to Kanter’s Green
Card).
24. For further analysis on Kanter’s likely stay in America, see infra notes
109–241 and accompanying text.
25. For further discussion on the support Kanter has received from officials in
North America, see infra notes 92–95 and accompanying text.
26. See Passport Requirements: What it Takes To Get an American Passport,
U.S.
P
ASSPORT
S
ERVICE
G
UIDE
, https://www.us-passport-service-guide.com/passport-re-
quirements.html [https://perma.cc/QEK2-VMKD] (last visited Mar. 18, 2020)
(stating passport eligibility applies to citizens and non-citizen nationals only).
2020]
B
EATING THE
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255
the next few years could pose travel problems for Kanter, it is likely
that his worries will become very minimal by then.
27
II. B
ACKGROUND
: W
HY
T
URKEY
’
S
P
OLITICAL
R
EGIME IS
F
OCUSED ON
O
NE
T
URKISH
-A
MERICAN
A
THLETE
The flow of international players into the United States for
professional sports has created the opportunity for athletes all over
the world to travel to America to compete at the highest level.
28
Such an opportunity came to fruition for Kanter when he was se-
lected in the first round of the NBA’s 2011 draft.
29
However, his
career has been highlighted not just by his performance, but also by
continuous rifts with the government of his home country, Tur-
key.
30
These rifts have led to several problems for Kanter, includ-
ing Interpol Red Notices, threats of extradition, and the revocation
of Kanter’s passport.
31
A. Kanter, Basketball, and a Dream of America
At the turn of the century, the NBA saw a drastic increase in
international players as the 2000–2001 season featured twenty-nine
foreign born players across the NBA rosters.
32
Ten years later—as
Kanter prepared to enter the league—the number of international
players continued to sky rocket to over fifteen percent of all NBA
players.
33
In recent years, the NBA has continued to break its own
records in accepting international superstars.
34
During the
27. For further discussion on NBA’s potential expansion, see infra notes
221–244 and accompanying text.
28. For further discussion of the NBA’s rise in foreign-born players since the
beginning of the Twentieth century, see supra note 2 and accompanying text.
29. See Brian Christopher, Enes Kanter Feels “Jazzy” To Be Drafted By Utah,
S
PORTS
R
ADIO
I
NTERVIEWS
(Oct. 24, 2019), https://www.sportsradiointerviews.
com/enes-kanter-feels-jazzy-to-be-drafted-by-utah [https://perma.cc/Y66C-3CMV]
(noting Kanter was third overall selection in NBA 2011 draft).
30. See Simran Jeet Singh, NBA Star Enes Kanter on Faith, Basketball, and Political
Activism,
R
ELIGIOUS
N
EWS
S
ERVICES
(Mar. 28, 2019), https://religionnews.com/
2019/03/28/nba-star-enes-kanter-on-faith-basketball-and-political-activism/
[https://perma.cc/U9F8-QAAB?type=image] (discussing several political issues
between Turkey and Kanter).
31. For further discussion of Turkey’s impact on Kanter’s freedom, see infra
notes 74–101 and accompanying text.
32. See Meredith Cash & Shayanne Gal, NBA’s Trend of Increasing Number of
International Players Appears To Be Slowing Down,
B
USINESS
I
NSIDER
(Oct. 16, 2018,
4:46 PM), https://www.businessinsider.com/growing-number-of-foreign-born-play
ers-in-nba-slows-2018-10 [https://perma.cc/8Y4C-8D4N] (showing growth of for-
eign-born players playing in NBA).
33. See id. (showing growth in NBA foreign-born players since 2000).
34. See NBA Rosters Feature Record 113 International Players From 41 Countries And
Territories,
NBA C
OMMUNICATIONS
(Oct. 25, 2016), https://pr.nba.com/nba-rosters-
256
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[Vol. 27: p. 251
2018–2019 season, the NBA rosters featured 108 international play-
ers from a record-tying forty-two different countries across the
world.
35
This renowned inclusion created opportunities for players
like Kanter to not only play in the league, but thrive in American
basketball developmental programs.
36
Born in 1992 in Switzerland, Kanter, the son of a Turkish doc-
tor, spent the first seventeen years of his life in Turkey.
37
After re-
jecting multiple professional basketball contracts in Europe, a
young Kanter moved to the United States to participate in Ameri-
can amateur sports and eventually enroll in college through the Na-
tional Collegiate Athletic Association (“NCAA”).
38
Kanter attended
multiple preparatory schools when he arrived in America and ulti-
mately experienced great success as one of the most highly-touted
players in the world for his age.
39
He committed to the University
of Kentucky, where he unfortunately suffered NCAA eligibility is-
sues and never played a game under famous coach John Calipari.
40
After being ruled ineligible to compete in collegiate athletics,
Kanter decided to enter the NBA draft in 2011, where he was taken
third overall by the Utah Jazz.
41
As of April 2020, Kanter has played
in the NBA for eight successful seasons for five different teams.
42
Kanter was traded at the end of the Portland Trailblazers playoff
international-players-2016-17/ [https://perma.cc/H4NR-B3X4] (explaining 113
international players were on NBA rosters at beginning of 2016–2017 season).
35. See NBA Rosters Feature 108 International Players From 42 Countries and Territo-
ries, supra note 2 (discussing international landscape of NBA).
36. For further discussion on Kanter’s experience in American athletic pro-
grams before the NBA, see infra notes 38–40 and accompanying text.
37. See Zachary R. Roth, International Student Athletes and NCAA Amateurism:
Setting an Equitable Standard for Eligibility After Proposal 2009–22, 46
V
AND
. J. T
RANS-
NAT
.
659, 663–64 (chronicling Kanter’s early life); see also McCann, supra note 19
(discussing Kanter’s move to United States).
38. See McCann, supra note 19 (recounting Kanter’s decision to leave Turkey
to pursue success in American basketball); see also NBA Rosters Feature Record 113
International Players From 41 Countries And Territories, supra note 34 (mentioning
Kanter as one of many international NBA players).
39. See Roth, supra note 37 (noting Kanter was number three overall player in
his incoming college basketball recruiting class).
40. See Paul Ferguson, Kentucky Wildcats Basketball: Enes Kanter Declared Perma-
nently Ineligible,
B
LEACHER
R
EPORT
(Nov. 12, 2010), https://bleacherreport.com/
articles/516056-enes-kanter-kentucky-wildcat-star-declared-permanently-ineligible
[https://perma.cc/D8EG-ENP3] (summarizing that NCAA ruled Kanter ineligible
because he received $33,000 worth of extra compensation while playing basketball
in Turkey).
41. See Christopher, supra note 29 (reporting on Kanter’s unorthodox path to
NBA superstardom).
42. See
B
ASKETBALL
R
EFERENCE
, supra note 4 (showing Kanter’s statistics cou-
pled with his NBA career path).
2020]
B
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push in 2019 and is currently in his first season as a member of the
Boston Celtics for the 2019–20 season.
43
B. Caught in the Middle: Kanter’s Relationship With Turkish
President Erdogan and Turkish Scholar
Fethullah G
¨
ulen
Unfortunately, Kanter is not exposed to the same success off
the court that he is accustomed to as an NBA superstar.
44
President
Erdogan of Turkey, who in 2018 won a five year term of the coun-
try’s presidency with new powers, ensured that Kanter is treated
with hostility from the Turkish people.
45
Kanter continuously re-
fers to Erdogan as the dictator, rather than the President, of Tur-
key, which is a proposition supported by many critics of the
leader.
46
Erdogan has drastically protected his political power and status
since a failed coup attempt in 2016.
47
The coup, which was one of
the most violent in political history, sought to overthrow President
Erdogan from power but ultimately failed.
48
Erdogan blamed many
for the coup, but ensured his political enemy G
¨
ulen and G
¨
ulen’s
alleged “terrorist group” were at the center of the fault.
49
Most im-
43. See Nick Goss, Here’s How Kemba Walker Helped Recruit Enes Kanter To Celtics
In NBA Free Agency,
NBC S
PORTS
(July 17, 2019), https://www.nbcsports.com/bos-
ton/celtics/heres-how-kemba-walker-helped-recruit-enes-kanter-celtics-nba-free-
agency [https://perma.cc/K7Q3-PBC9] (examining two year, ten million dollar
contract that Kanter signed with Boston during NBA’s 2019 offseason).
44. For further discussion of Kanter’s woes with Turkey, see infra notes 88–94
and accompanying text.
45. See Recep Teyyip Erdogan: Turkey’s Pugnacious President,
BBC N
EWS
(June 24,
2019), https://www.bbc.com/news/world-europe-13746679 [https://perma.cc/
7H2W-LM6X] (explaining Erdogan’s win comes with new powers including di-
rectly appointing top public officials, power to intervene with Turkey’s legal sys-
tem, and power to impose state of emergency).
46. See Enes Kanter, NBA Player Enes Kanter: I’ve Spoken Out Against Turkey’s
President Erdogan and Now I Can’t Go Home,
T
IME
(Sept. 11, 2018) https://
time.com/5389792/enes-kanter-erdogan-gulen/ [https://perma.cc/2WJ7-Y85M]
(showing Kanter’s relentless comments towards President Erdogan).
47. See Mark Mackinnon, Erdogan’s Purge,
G
LOBE
& M
AIL
(Nov. 12, 2017),
https://www.theglobeandmail.com/news/world/erdogans-purge-50000-ousted-ar
rested-or-suspended-inturkey/article30987001/ [https://perma.cc/4YCH-FURS]
(explaining President Erdogan arrested or expelled nearly 50,000 security or civil
personnel members in Turkey’s government).
48. See id. (reporting that 264 people died during Turkey’s failed coup at-
tempt); see also Turkey’s Failed Coup Attempt: All You Need To Know,
A
L
J
AZEERA
(July
15, 2017), https://www.aljazeera.com/news/2016/12/turkey-failed-coup-attempt-
161217032345594.html [https://perma.cc/5QDL-TTVX] (detailing Turkey’s 2016
coup as its bloodiest in political history, which ultimately sought to unseat Presi-
dent Erdogan).
49. See
A
L
J
AZEERA
, supra note 48 (discussing blame pinned on G
¨
ulen); see also
Jessica Chia, Was Turkey’s Military Uprising Orchestrated From Pennsylvania? Erdogan
258
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portantly, Erdogan used the military coup as a way to link Kanter to
one of the darkest days in Turkey’s history.
50
The coup was launched by a section of the Turkish military in a
few major cities across the nation.
51
While soldiers were storming
the streets of Istanbul and Ankara, fighter jets began dropping
bombs on their own parliament.
52
Before the rebels could declare
victory, thousands of citizens took it upon themselves to oppose the
coup.
53
The citizens eventually forced the rebels to surrender and
the government declared victory.
54
However, the failed attempt
still resulted in over 250 deaths and over 2,000 injuries.
55
Despite
the military usage and distance, President Erdogan ensured his peo-
ple that the rebels were receiving orders from G
¨
ulen’s compound
in Pennsylvania.
56
G
¨
ulen is an Islamic scholar who currently lives in self-imposed
exile from Turkey in Saylorsburg, PA.
57
G
¨
ulen and Erdogan were
Blames Fethullah G
¨
ulen, a 75-year Old Recluse Living In Poconos Community of 1,100,
D
AILY
M
AIL
(Aug. 3, 2017), https://www.dailymail.co.uk/news/article-3693067/
Was-Turkey-s-military-uprising-orchestrated-Pennsylvania-Erdogan-blames-Fethul-
lah-G
¨
ulen-75-year-old-recluse-living-Poconos-community-1-100-swung-close-ally-
fierce-political-rival.html [https://perma.cc/UVS3-JQNK] (reporting Erdogan be-
lieves G
¨
ulen and his following in Pennsylvania orchestrated Turkey’s 2016).
50. See Jacob Bogage, ‘Lies, Lies, Lies’: Turkish Consul Upset By NBA Player’s
Claim ‘Goons’ Cancelled His Youth Camp,
W
ASH
. P
OST
(July 25, 2019), https://
www.washingtonpost.com/sports/2019/07/25/lies-lies-lies-turkish-consul-upset-by-
nba-players-claim-goons-canceled-his-youth-camp/ [https://perma.cc/RQ5S-
8MFV] (stating Kanter is wanted in his home country for his allegiance to G
¨
ulen,
who was blamed for 2016 failed coup).
51. See Mackinnon, supra note 47 (reporting on coup). A coup, or coup
d’
´
etat, is defined as sudden overthrow of government by unusually small group of
persons in or previously in positions of authority. See Coup d’
´
etat—Political Interven-
tion,
E
NCYCLOPEDIA
B
RITANNICA
, https://www.britannica.com/topic/coup-detat
[https://perma.cc/P4PB-4NQ2] (last visited Jan. 31, 2020).
52. See Mackinnon, supra note 47 (detailing events of Turkey’s coup).
53. See id. (referencing many Turkish citizens were opposed to its coup be-
cause they are supporters of President Erdogan’s administration).
54. See id. (discussing scores of troops forced to surrender near Bosphorus
Bridge in Istanbul).
55. See Turkey’s Post-Coup Crackdown in Figures,
T
HE
G
UARDIAN
, https://www.the
guardian.com/world/datablog/2016/aug/19/turkeys-post-coup-crackdown-in-
figures [https://perma.cc/E5J3-KJBB] (last visited Aug. 29, 2019) (showing statis-
tics for casualties or injuries resulting from Turkey’s 2016 coup).
56. See Chia, supra note 49 (stating Erdogan repeatedly accused G
¨
ulen of plot-
ting to overthrow his regime from his compound in Pennsylvania’s Poconos
Mountains).
57. See Michael Wertz & Max Hoffman, The Process Behind Turkey’s Proposed Ex-
tradition of Fethullah G
¨
ulen,
C
ENTER FOR
A
M
. P
ROGRESS
(Sept. 7, 2016, 2:00 AM),
https://www.americanprogress.org/issues/security/reports/2016/09/07/
143587/the-process-behind-turkeys-proposed-extradition-of-fethullah-G
¨
ulen/
[https://perma.cc/JNM8-6GPM] (discussing G
¨
ulen’s background with Erdogan).
2020]
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once strong political allies.
58
G
¨
ulen ensured Erdogan in 2002 that
his millions of followers would swing the vote for Erdogan’s Justice
and Development Party of Turkey (“AKP”).
59
After a decade of
peace between the G
¨
ulenists and the AKP, the two sides fell out
after G
¨
ulenist prosecutors opened major corruption cases against
senior party leaders and their families.
60
The corruption cases,
which cost the country over $100 billion, prompted Erdogan and
the AKP to declare an open political war against the G
¨
ulenists.
61
Four days after the coup, Turkey formally requested the
United States to extradite the seventy-five-year-old G
¨
ulen under the
1979 extradition treaty between the countries.
62
Although lawyers
in the United States Department of Justice reviewed the crimes al-
leged by the Turkish government, the lawyers are still hesitant to
proceed in court due to a lack of direct evidence of G
¨
ulen’s per-
sonal involvement in the coup.
63
Turkey has accused the United
States of “stalling” in its procedures to extradite G
¨
ulen.
64
However,
the country is most likely pushing the United States because they
58. See id. (examining G
¨
ulen’s relationship with Erdogan); see also Chia, supra
note 49 (noting G
¨
ulen’s relationship with Erdogan).
59. See Chia, supra note 49 (stating G
¨
ulen recruited his following to back
Erdogan’s AKP party during beginning of twenty-first century before impending
fallout).
60. See Wertz & Hoffman, supra note 57 (explaining G
¨
ulenists allegedly leaked
tapes which link Erdogan and his family to widespread corruption).
61. See id. (discussing how Erdogan’s AKP party began to seize G
¨
ulenist busi-
nesses, close media outlets, and impede schools associated with G
¨
ulenist
movement).
62. See David A. Sadoff, Turkey Formally Seeks U.S. Extradition of Muslim Cleric
Fethullah Gu
¨
ulen, 32
I
NT
’
L
E
NFORCEMENT
L. R
EP
.
311 (2016) (discussing Turkey’s
extradition request against G
¨
ulen).
63. See Sevil Erkus, U.S. Justice Department Spends More Time On G
¨
ulen Extradition
Request Than Others: U.S. Official,
H
URRIYET
D
AILY
N
EWS
(July 23, 2018), http://
www.hurriyetdailynews.com/us-justice-department-spends-more-time-on-G
¨
ulen-ex-
tradition-request-than-others-us-official-134870 [https://perma.cc/R2VK-KWEE]
(explaining Department of Justice lawyers reviewed files on G
¨
ulen’s participation
in Turkey’s coup, but have not found evidence that their request will pass high
evidentiary standards for extradition in courts). For further discussion on the evi-
dentiary standards of extradition in United States courts, see infra notes 136–142
and accompanying text.
64. See Two Years On, U.S. Stalls Turkey On Fethullah G
¨
ulen’s Extradition,
D
AILY
S
ABAH
(July 19, 2018), https://www.dailysabah.com/diplomacy/2018/07/19/two-
years-on-us-stalls-turkey-on-fetullah-G
¨
ulens-extradition [https://perma.cc/QX44-
FTLN] (referring to Turkey officials’ statements claiming United States attorneys
have been “stalling” in determining whether they will extradite G
¨
ulen back to Tur-
key); see also Wertz & Hoffman, supra note 57 (citing comments from Turkish
Prime Minster Binali Yildirim stating that America will have “serious problems”
with Turkey if G
¨
ulen is not surrendered to them).
260
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understand extradition is their only option to physically obtain
G
¨
ulen.
65
While G
¨
ulen is the main target that Turkey is pursuing for the
coup, he is not the only one.
66
President Erdogan listed nearly
60,000 conspirators from the armed forces, judiciary, and other
government organizations related to the coup and has sought the
extradition of Turkish conspirators throughout the world.
67
Due to
his G
¨
ulenist allegiance, Kanter remains one of those conspirators.
68
Although dangerous for anyone of Turkish nationality, Kanter
has been a devout follower of G
¨
ulen since he could form his own
opinions.
69
He often tweets support for G
¨
ulenist ideals, and like
other followers of the movement, criticizes President Erdogan.
70
In
June 2019, Kanter visited G
¨
ulen’s twenty-six-acre compound in
Saylorsburg, Pennsylvania.
71
Kanter is not afraid to pledge his alle-
giance to the G
¨
ulenist movement publicly either.
72
The Boston
65. See Wertz & Hoffman, supra note 57 (adding that United States govern-
ment could not rescind G
¨
ulen’s residency considering he won legal challenge to
earn his immigration status); see also G
¨
ulen v. Chertoff, No. CIV.A.07-2148, 2008
WL 2779001 (E.D. Pa. 2008) (holding that United States Customs and Immigra-
tion Services shall approve G
¨
ulen’s petition for status as alien of extraordinary
ability).
66. See Matt Bradley, Analysis: Erdogan’s Purge To Coup-Proof Turkey’s Military
May Backfire,
NBC N
EWS
(Aug. 16, 2016), https://www.nbcnews.com/storyline/tur
key-military-coup/analysis-erdogan-s-purge-coup-proof-turkey-s-military-may-
n630791 [https://perma.cc/AKB6-6BNW?type=image] (discussing Erdogan’s
sweeping purge of Turkish military officials, soldiers).
67. See Owen Bowcott, U.K. High Court Refuses Turkey Extradition Due To Over-
crowded Prisons,
T
HE
G
UARDIAN
(Feb. 15, 2018), https://www.theguardian.com/
law/2018/feb/15/uk-high-court-refuses-turkey-extradition-due-to-overcrowded-
prisons [https://perma.cc/GGX3-VURA] (explaining United Kingdom judges re-
fused to return British prisoners to Turkey on grounds that Turkey’s jails are over-
crowded and unsafe).
68. See McCann, supra note 5 (discussing that Kanter is topic of extradition
because he is devout follower of G
¨
ulen).
69. See James Streble, Kentucky Wildcats Basketball: The Heartbreaking Journey Of
Enes Kanter,
SB N
ATION
(Aug. 9, 2016), https://www.aseaofblue.com/2016/8/9/
12412744/kentucky-wildcats-basketball-journey-enes-kanter [https://perma.cc/
HJ7Y-DT3R] (explaining Kanter’s political stance in regards to rifts between Turk-
ish groups).
70. See Vinny Vella, NBA Star Enes Kanter Quietly Visited Exiled Cleric’s Pocono
Retreat Center,
P
HILA
. I
NQUIRER
(June 14, 2019), https://www.inquirer.com/news/
pennsylvania/enes-kanter-fethullah-glen-pocono-mountains-20190614.html
[https://perma.cc/6YVS-DV8Y] (showing evidence that Kanter has been to
G
¨
ulen’s compound while remaining outspoken against Erdogan).
71. See id. (speculating Kanter visited G
¨
ulen’s compound, implying he met
with G
¨
ulen).
72. See NBA Player Enes Kanter Says Ready To Sacrifice His Life For G
¨
ulenist Terror-
Cult,
D
AILY
S
ABAH
(Sep. 8, 2016), https://www.dailysabah.com/basketball/2016/
08/08/nba-player-enes-kanter-says-ready-to-sacrifice-his-life-for-G
¨
ulenist-terror-cult
[https://perma.cc/BG4G-GY99] (referring to Kanter’s comments about impor-
tance of G
¨
ulen’s movement to him).
2020]
B
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Celtics center, through a letter on twitter for the world to see, has
gone as far as saying that he is willing to die for the G
¨
ulenist
movement.
73
C. The Resulting International Nightmare
Turkey’s push to extradite G
¨
ulen, Kanter, and other Turkish
nationals are met with controversy because of their sporadic at-
tempts to get their nationals back to face trial.
74
In addition, Tur-
key received a world-wide reputation as the most prolific abuser of
the organization Interpol.
75
Interpol formed in 1956 and is more
commonly known as the International Criminal Police Organiza-
tion.
76
With 194 member countries, including Turkey and the
United States, one of Interpol’s main purposes is to communicate
and share information about criminals and fugitives through Red
Notices.
77
A Red Notice is not the equivalent of an arrest warrant,
but rather is a formal request by a member nation for the location,
identification, and provisional arrest of an identified individual ac-
cused of a crime.
78
People who have been placed on Red Notice
are not wanted by Interpol, rather they are wanted by their home
country.
79
73. See id. (“O’ universe, hear my voice. I have lost my mother, father, broth-
ers and sisters, my whole family and relatives today, whom I have respected for 24
years. My own father wanted me to change my surname. The mother who gave
birth to me disowned me. My brothers whom I grew up with disregard me. My
relatives do not want to see me anymore . . . I would sacrifice myself a thousand
times for this cause . . . God take every second I have left of my life and give it to
my dear hodja.”).
74. See Bowcott, supra note 67 (discussing 500-plus extradition requests Tur-
key made to other countries in 2016 after Turkey’s failed military coup).
75. See Claire Sadar, Turkey May Be World’s Most Prolific Abuser of Interpol Red
Notices,
A
HVAL
N
EWS
(Apr. 27, 2019), https://ahvalnews.com/interpol/turkey-may-
be-worlds-most-prolific-abuser-interpol-red-notices [https://perma.cc/XW8W-
HF32] (acknowledging overarching demands Turkey requested of Interpol to ex-
tradite its fugitive nationals).
76. See What Is Interpol?,
I
NTERPOL
, https://www.interpol.int/Who-we-are/
What-is-INTERPOL [https://perma.cc/D8CS-CNAZ] (last visited Apr. 29, 2020)
(summarizing Interpol’s purpose).
77. See Sadar, supra note 75 (resolving misunderstanding that Interpol does
not act proactively but rather maintains databases where countries can edit and
share information about international criminals).
78. See id. (explaining Interpol acts on principles of national sovereignty,
which means discretion of member countries create Red Notices); see also
I
N-
TERPOL
, supra note 76 (noting Red Notices are international wanted person no-
tices, but are not arrest warrants).
79. See
I
NTERPOL
, supra note 76 (differentiating normal arrest warrants from
Interpol Red Notices).
262
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Since the July 2016 failed military coup attempt, Turkey has
made significant efforts to abuse the Interpol Red Notice system.
80
The country attempted to upload information on over 60,000 indi-
viduals believed to be involved in the coup attempt or connected to
the G
¨
ulen movement.
81
In one example, Turkey submitted 848 re-
quests through Interpol to pressure Germany to find and detain
individuals in a 797-day span.
82
Reports from Interpol’s Commis-
sioner of Control state that Turkey has consistently been in the top
ten countries for which Interpol receives outside requests.
83
Simi-
lar to how the United States allegedly “stalled” in its procedures to
return G
¨
ulen or Kanter to Turkey, several European Union coun-
tries have ignored Turkey’s requests as well.
84
As a disciple of the G
¨
ulen movement, it comes as no surprise
that Turkey officially filed a Red Notice against Kanter in January
2019.
85
Although they could not provide evidence that Kanter was
linked to the coup, the Istanbul prosecutors who filed the applica-
tion reasoned that the Red Notice was due to Kanter “being a mem-
ber of an armed terrorist organization.”
86
The Turkish government
announced it filed a Red Notice in 2016 against Kanter while he
traveled through Romania, but the more recent 2019 request sug-
gests Turkey’s first application filing was denied.
87
80. See Sadar, supra note 75 (referencing Theodore Bromund of Margaret
Thatcher Centre for Freedom’s comment).
81. See Cagil Kasapoglu, Interpol: Turkey Not Removed From Database,
BBC N
EWS
(July 5, 2017), https://www.bbc.com/turkce/haberler-dunya-40506353 [https://
perma.cc/JGD6-LU7Q] (discussing efforts Turkey made through Interpol since its
2016 coup).
82. See Sadar, supra note 75 (explaining Turkey used Interpol to pressure spe-
cific countries to detain individuals); see also Turkey Applies To Germany Via Interpol
For 848 Times In 797 Days,
E
NGLISH
B
IANET
(Sep. 19, 2018), https://bianet.org/
english/world/200972-turkey-applies-to-germany-via-interpol-for-848-times-in-797-
days [https://perma.cc/7BX3-RB7Z] (recounting all 848 Interpol requests Turkey
made to pressure Germany to locate individuals).
83. See Sadar, supra note 75 (noting sky-rocketed instances of individuals peti-
tioning Interpol about Turkey-originating cases since Turkey’s failed coup).
84. See id. (noting that European Union has not taken Turkey’s Interpol re-
quests seriously because of their prolific abuse).
85. See McCann, supra note 16 (acknowledging that Turkish prosecutors offi-
cially requested Interpol for Red Notice against Kanter).
86. Frances Martel, Turkey Applies For Interpol ‘Red Notice’ Against NBA Star Enes
Kanter,
B
REITBART
(Jan. 15, 2019), https://www.breitbart.com/middle-east/2019/
01/15/turkey-applies-for-interpol-red-notice-against-nba-star-enes-kanter/ [https:/
/perma.cc/4HYN-RES9] (reporting on Turkey’s claims of Kanter’s terrorist
involvement).
87. See id. (speculating that new announcement of Kanter’s Red Notice re-
quests suggests former request was denied by Interpol, which led to Kanter’s es-
cape from detainment at Romanian airport).
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Turkey’s government continues to do everything in its power
to have Kanter returned.
88
As such, Kanter remains a man without
a country.
89
The superstar basketball player had his passport re-
voked by the Turkish government in 2016 when Romanian border
police were forced to detain Kanter for several hours during his
travels.
90
Although Kanter is hopeful to attain American citizen-
ship, he is not eligible to begin the process for at least two more
years.
91
Rather, he is merely considered a national of Turkey.
92
Luckily, Kanter has a United States Green Card, establishing him as
a permanent resident and easing his ability to travel.
93
Unlike a
Visa, the Green Card allows Kanter to remain in the United States
indefinitely.
94
Although the Green Card does allow for travel
outside the United States, the inability to obtain a passport still cre-
ates travel restrictions for Kanter.
95
There is no question Kanter’s citizenship and travel issues have
hampered his ability to play in international games.
96
Yet, Kanter
has received wide support from Americans during his time of strug-
88. See McCann, supra note 5 (referring to Kanter’s Turkish passport being
cancelled).
89. See id. (explaining that Kanter is not welcome in Turkey, does not have
American citizenship, and lacks ability to go elsewhere).
90. See Romanian Border Police Say Turkey Canceled Enes Kanter’s Passport,
USA
T
ODAY
(May 22, 2017), https://www.usatoday.com/story/sports/nba/2017/05/
22/romanian-border-police-say-turkey-canceled-kanters-passport/102002442/
[https://perma.cc/T7ZV-BB9B] (reporting Romanian officials discovered Turkey
canceled Kanter’s passport at Bucharest’s Henri Coanda Airport).
91. See Victoria Nguyen, Country-less Kanter Seeking U.S. Citizenship: America ‘Is
My Home Now’,
T
HE
S
CORE
,
https://www.thescore.com/nba/news/1305825
[https://perma.cc/8SAA-53EU] (last visited Aug. 29, 2019) (quoting Kanter im-
plying that he is going to try to obtain citizenship from United States); see also
Chris Chavez, Enes Kanter Wants To Become U.S. Citizen After Detainment In Romania,
S
PORTS
I
LLUSTRATED
(May 22, 2017), https://www.si.com/nba/2017/05/22/enes-
kanter-press-conference-american-citizen-hopes [https://perma.cc/Y2KA-64FX]
(reporting Kanter’s “next move” is to gain American citizenship).
92. See McCann, supra note 5 (explaining Kanter has Turkish citizenship, but
his passport has been cancelled).
93. See id. (discussing Kanter’s United States Green Card).
94. See Difference Between Visa and Green Card,
D
IFFERENCE
B
ETWEEN
,
http://
www.differencebetween.net/business/finance-business-2/difference-between-visa-
and-green-card/ [https://perma.cc/J7QF-2DU8] (last visited Apr. 29, 2020) (ex-
plaining that Visas permit temporary status not applicable for safe travel outside
United States, but Green Cards allow for international travel, which also incorpo-
rate permanent identification cards).
95. See McCann, supra note 5 (discussing immigration problems for Kanter).
96. See Melissa Mahtani, ‘My Heart Hurts’ – NBA’s Enes Kanter On Missing
Knicks’ London Game,
CNN
(Jan. 17, 2019, 4:32 PM), https://www.cnn.com/2019/
01/17/us/enes-kanter-turkey-london-cnntv/index.html [https://perma.cc/C6PD-
U7EN] (detailing that Kanter, while on New York Knicks, was forced to miss NBA’s
London Game against Washington Wizards).
264
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gle.
97
Ron Wyden, a United States Senator from Oregon, urged
Canadian Prime Minister Justin Trudeau to guarantee Kanter’s safe
travels to and from Toronto should the Portland Trailblazers have
made the NBA Finals in 2019.
98
Although Kanter’s team fell short
of the Finals that year, Trudeau did help Kanter play in Canada just
six months later on Christmas Day.
99
Further, NBA commissioner
Adam Silver has repeatedly stressed that safety and security are his
top priorities in regards to the Kanter situation.
100
However, other
Turkish players in the NBA have been more reluctant to stand be-
hind Kanter.
101
Considering the growth in number of foreign players in the
league, it is unsurprising that Kanter’s situation is not the only in-
ternational issue the NBA faces.
102
During the summer of 2019, the
Houston Rockets received backlash from the league when their
General Manager, Daryl Morey, tweeted support for protests that
97. See Darren Hartwell, Enes Kanter Has Support From Mass. Senator as Critic of
Turkish President,
NBC S
PORTS
(July 16, 2019), https://www.nbcsports.com/bos-
ton/celtics/enes-kanter-has-support-mass-senator-critic-turkish-president [https://
perma.cc/BR6A-63JG] (showing Massachusetts Senator Ed Markey’s endorsement
of Kanter’s criticism of President Erdogan via twitter); see also Peter Sampson,
Wyden Urges Canada To Ensure Enes Kanter Can Travel Safely To And From Toronto,
SB
N
ATION
(May 14, 2019), https://www.blazersedge.com/2019/5/14/18623659/
wyden-urges-canada-to-ensure-enes-kanter-can-travel-safely-to-and-from-toronto
[https://perma.cc/Y2R4-UNGD] (acknowledging United States Senator Ron
Wyden was active in discussions with Prime Minster Trudeau about ensuring
Kanter’s safety if Portland Trailblazers had played Kanter’s Toronto team in NBA
Finals).
98. See Sampson, supra note 97 (showing Senator Wyden’s concerns with
Kanter traveling to Canada for what would have been extremely important set of
games).
99. See Ryan Gaydos, Celtics’ Enes Kanter Reveals He Can Play In Canada On
Christmas,
F
OX
N
EWS
(Dec. 23, 2019), https://www.foxnews.com/sports/celtics-
enes-kanter-play-in-canada-christmas [https://perma.cc/8DLV-UB4D] (detailing
that Kanter was finally able to play internationally on Christmas Day 2019 with help
from Canada’s Prime Minster Trudeau).
100. See Mark Woods, Adam Silver: ‘Nothing More Important’ Than Safety of NBA’s
Players,
ESPN
(Jan. 18, 2019), https://africa.espn.com/nba/story/_/id/25787333
/nba-commissioner-adam-silver-says-enes-kanter-situation-turkey-very-unfortunate
[https://perma.cc/G4L7-SMUR] (reporting that Commissioner Silver sympathizes
with Kanter’s travel issues and wants to be able to ensure his safety).
101. See Ian Begley and Ohm Youngmisuk, Hedo Turkoglu: Knicks’ Enes Kanter
Continuing ‘Smear Campaign’ vs. Turkey, ESPN (Jan. 7, 2019), https://
www.espn.com/nba/story/_/id/25705352/hedo-turkoglu-says-enes-kanter-new-
york-knicks-irrational-smear-campaign-turkey [https://perma.cc/A8JQ-34FM]
(showing that Hedo Turkoglu, former NBA player who is now chief adviser to
President Erdogan, is strongly unsupportive of Kanter’s “smear campaign”).
102. See Chris Isodore, The NBA Faces a No-Win Situation in China. Here’s What
It Stands to Lose,
CNN B
USINESS
(Oct. 8, 2019, 4:36 PM), https://www.cnn.com/
2019/10/08/business/daryl-morey-tweet-nba-china/index.html [https://
perma.cc/W66H-8JAJ] (referring to Morey-China situation).
2020]
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occurred in Hong Kong.
103
The tweet occurred at an awkward time
while Chinese professional teams were playing preseason games in
the United States and a few NBA teams were set to play games in
Shanghai.
104
While a tweet seems harmless on its face, the league has a lot to
lose in China.
105
The Rockets are the most popular NBA team in
China due to the career of Chinese superstar, Yao Ming.
106
It is
also no secret that the Chinese market makes up at least ten per-
cent of the NBA’s revenue—which is predicted to even boost to
twenty percent by 2030.
107
The situation worsened when Lebron
James decided to interject by calling Morey “misinformed” and
“uneducated.”
108
Many people interpreted Lebron’s comments to be in support
of the communist regime that Morey was speaking out against
109
Yet, it is more probable that Lebron spoke while ill-prepared and
flustered.
110
Lebron is no stranger to involving himself with tough
racial and ethnic issues surrounding the league.
111
However, it
does seem as if the extent of his concern for these issues begins and
103. See Cindy Boren, The NBA’s China-Daryl Morey Backlash, Explained,
W
ASH
.
P
OST
(Oct. 7, 2019), https://www.washingtonpost.com/sports/2019/10/07/nba-
china-tweet-daryl-morey/ [https://perma.cc/6E7N-44K7] (reporting Morey “sent
and quickly deleted tweet, ‘Fight for Freedom. Stand with Hong Kong.’”).
104. See id. (discussing timing issues in Morey’s tweet).
105. See Isodore, supra note 102 (detailing numerous business consequences
of Morey’s tweet).
106. See id. (discussing significance of Yao Ming in China-NBA relationship).
107. See id. (reiterating how important China’s market is to NBA).
108. See Mark Medina, LeBron James Says Rockets GM Daryl Morey ‘Misinformed’
On China Tweet, Then Clarifies Remark,
USA T
ODAY
(Oct. 15, 2019), https://
www.usatoday.com/story/sports/nba/lakers/2019/10/14/lebron-james-addresses-
daryl-morey-china-tweet-clarifies-remark/3982048002/ [https://perma.cc/DF96-
LRRD] (showing LeBron’s need to clarify statements he made about Morey’s
tweet).
109. See Ohm Youngmisuk, LeBron James: Daryl Morey was ‘Misinformed’ Before
Sending Tweet about China and Hong Kong,
ESPN
(Oct. 14, 2019), https://
www.espn.com/nba/story/_/id/27847951/daryl-morey-was-misinformed-sending-
tweet-china-hong-kong [https://perma.cc/E2E7-869M] (showing confusion over
Lebron’s remarks).
110. See id. (displaying that Lebron did not actually have educated reasons for
deeming Morey’s tweets as uneducated or misinformed).
111. See, e.g., Ruth Umoh, LeBron James’ Charlottesville Comments are Just the Lat-
est Way He’s Fighting for Racial Equality,
CNBC
(Aug. 17, 2017), https://
www.cnbc.com/2017/08/17/lebron-james-charlottesville-comments-address-racial-
inequality.html [https://perma.cc/6FCC-UQ7K] (showing LeBron’s outspoken
remarks following Charlottesville’s incident); Nolan Feeney, LeBron James Wears ‘I
Can’t Breathe’ Shirt During Warm-Ups,
T
IME
(Dec. 9, 2014), https://time.com/
3624684/lebron-james-i-cant-breathe-eric-garner/ [https://perma.cc/49AU-
4AK2] (demonstrating support for Eric Garner through “I Can’t Breathe” t-shirts
following his death by police shooting).
266
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ends with his own African-American community.
112
Lebron has
never stood up for Kanter during his international struggles; in fact,
Lebron really does not care for Kanter at all as the two have a his-
tory of feuding.
113
Regardless of what Lebron thinks or does,
Kanter has vast support inside and outside the NBA, and the out-
come of his situation can be found by analyzing extradition law, not
tweets.
114
III. A
NALYSIS
: E
XAMINING
W
HY
T
URKEY IS
U
NSUCCESSFUL IN
O
BTAINING
K
ANTER
Kanter’s political situation with the Turkish government has re-
strained him from traveling and thus doing his job.
115
While
Kanter’s worries are indeed warranted, they are most likely a pre-
caution for his safety at best.
116
Through the below analysis of
American, Canadian, and Interpol extradition laws, it will be clear
that Turkey lacks a remedy to have Kanter returned to his home
country.
117
A. The Turkey-United States Extradition Treaty
1. History and Law of Treaty
While extradition within the United States is required upon
request, there is much more detail and investigation for extradi-
tions with other nations.
118
The extradition “‘process by which a
fugitive [living in the United States] may be returned to another
country to face criminal charges’ is regulated by . . . 18 U.S.C.
§§ 3181, 3184, 3186, 3188–3191[ ] and [by] treaty.”
119
Generally,
112. See Larry Brown, Lebron James Responds to Enes Kanter,
L
ARRY
B
ROWN
S
PORTS
(Nov. 13, 2017), https://larrybrownsports.com/basketball/lebron-james-
responds-to-enes-kanter/409274 [https://perma.cc/ZMD5-TFJD] (inferring that
LeBron has little sympathy towards Kanter’s situation of injustice).
113. See id. (detailing tension between Kanter and James).
114. For further discussion on support for Kanter, see supra notes 97–101 and
accompanying text.
115. See McCann, supra note 5 (detailing Kanter’s situation).
116. For further discussion on why Kanter’s worries of being extradited from
the United States are precautionary, see infra note 118–164 and accompanying
text.
117. For further discussion on why Kanter’s worries of traveling to Canada are
precautionary, see supra notes 165–204 and accompanying text.
118. See Justice Manual, Title 9–15.100– General Principles Related to Obtaining
Fugitives from Abroad,
D
EP
’
T OF
J
UST
.
(last visited Aug. 20, 2019), https://
www.justice.gov/jm/jm-9-15000-international-extradition-and-related-matters#9-
15.635%239-15.635 [https://perma.cc/VM7H-Z4WL] [hereinafter “Justice Man-
ual”] (referring to United States’ extradition process being regulated by treaty).
119. Roberto Iraolo, Charges and International Extradition, 56
W
AYNE
L. R
EV
.
1813, 1814–15 (2010) (quoting Mironescu v. Costner, 480 F.3d 664, 665 (4th Cir.
2020]
B
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267
under United States law, extradition is only granted to a foreign
country if the United States has an existing extradition treaty with
that country.
120
Turkey, along with 109 other countries, currently
has such a treaty with the United States.
121
Extradition begins when the United States Department of State
receives a request from the embassy of a foreign country.
122
If the
fugitive is arrested, a magistrate judge will hold a preliminary hear-
ing to determine whether the evidence presented by the foreign
government is an extraditable offense.
123
The foreign government
is permitted to submit depositions, warrants, or other papers in evi-
dence upon the hearing of any extradition cases.
124
In determining
whether an extraditable offense is present, the magistrate judge
will consider “(1) whether [the] crime [is listed] in the relevant
treaty; (2) whether the [ ]conduct is criminalized in both countries;
and (3) whether the offenses in both countries are substantially
analogous.”
125
With regard to the third element—offenses in the United
States and the requesting country to be substantially analogous—it
is enough if the particular act charged is criminal in both jurisdic-
tions.
126
If the magistrate makes these determinations, then the
judge will ultimately issue a certificate of extradition.
127
From
there, the Secretary of State will review and determine whether to
issue a surrender warrant for the fugitive.
128
2007)) (citing Eain v. Wilkes, 641 F.2d 504, 508 (7th Cir. 1981); Waits v. McGowan,
516 F.2d 203, 208 (3d Cir. 1975)); In re Extradition of Bolanos, 594 F. Supp. 2d
515, 517 (D.N.J. 2009)) (discussing statutes that govern international extradition).
120. See Justice Manual, supra note 118 (explaining treaties are usually re-
quired to extradite, along with fulfilling provisions of United States’ extradition
statute).
121. See 18 U.S.C. § 3181 (1996) (listing in its notes countries with existing
treaties with United States).
122. See Cornejo-Barreto v. Seifert, 218 F.3d 1004, 1009 (9th Cir. 2000) (dis-
cussing extradition schemes); see also Restatement (Fourth) of Foreign Relations
Law § 428 (Am. Law Inst. 2019) (laying out extraditions’ typical procedure).
123. See 18 U.S.C. § 3184 (1996) (explaining extradition procedures following
fugitive’s arrest); see also Iraolo, supra note 119, at 1815–16 (summarizing duties of
magistrate judges).
124. See 18 U.S.C. § 3190 (1996) (listing types of evidence permitted for pre-
liminary hearings for extradition by foreign countries).
125. United States v. Knotek, 925 F.3d 1118, 1128-29 (9th Cir. 2019) (listing
elements of extraditable offenses); see also Quinn v. Robinson, 783 F.2d 776, 791
(9th Cir. 1986) (reviewing extraditable offenses).
126. See Knotek, 925 F.3d at 1131 (explaining “substantially analogous” ele-
ments of extraditable offenses).
127. See Justice Manual, supra note 118 (discussing certificates of extradition)
128. See 18 U.S.C. § 3186 (1948) (noting Secretary of State functions as judge
for whether United States will surrender wanted fugitives after magistrate judge
268
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Although uncommon, extradition is still possible where a
treaty does not exist.
129
Title 18 sub-section 3181(b) of the United
States Code allows the United States to extradite “persons, other
than citizens, nationals, or permanent residents, . . . who have com-
mitted crimes of violence against nationals of the United States in
foreign countries.”
130
However, this process is irrelevant to Kanter
because the United States and Turkey already have an agreement:
the Treaty on Extradition and Mutual Assistance in Criminal Mat-
ters Between the United States of America and the Republic of Tur-
key (the “Treaty”).
131
The Treaty between the two countries was signed in June of
1979 by President Jimmy Carter and placed into force on January 1,
1981.
132
Article II of the Treaty spells out the extraditable offenses
for which a requesting party can petition for the return of a fugi-
tive.
133
Among these, the most important provision lies in Article II
(1)–(a), which states that the extraditable offense must be punisha-
ble under both the federal laws of the United States and the laws of
Turkey for a penalty or prison sentence of at least one year.
134
It
seems as if Turkey’s extradition request lacks merit under this pro-
vision because it has failed to name Kanter to an offense punishable
in the United States; rather, it has merely linked him to a terrorist
organization, that the United States and the European Union have
not recognized.
135
has made its determination); see also Eain v. Wilkes, 641 F.2d 504, 508 (7th Cir.
1981) (“If the case is certified to the Secretary for completion of the extradition
process it is in the Secretary’s sole discretion to determine whether or not extradi-
tion should proceed further with the issuance of a warrant of surrender.”); 18
U.S.C. §§ 3184–85 (1996) (providing Secretary of State’s role).
129. See 18 U.S.C. § 3181(b) (1996) (“The provisions of this chapter shall be
construed to permit, in the exercise of comity, the surrender of persons, other
than citizens, nationals, or permanent residents of the United States . . . without
regard to the existence of any treaty of extradition with such foreign government
. . . .”).
130. Id. (discussing violent crimes committed against United States nationals
in foreign countries); see also Justice Manual, supra note 118 (providing extradition
process).
131. See Treaty on Extradition and Mutual Assistance in Criminal Matters Be-
tween the United States of America and the Republic of Turkey, Turk-U.S., June 7,
1979, T.I.A.S. No. 9891 [hereinafter “Turk-U.S. Treaty”] (introducing Turkey’s ex-
tradition treaty with America).
132. See id. (explaining origin of Turk-U.S. Treaty).
133. See id. at 3 (discussing extraditable offenses for dual criminality
purposes).
134. See id. (noting dual criminality).
135. See Vincent Frank, Turkey Claims Enes Kanter Is Member Of Terrorist Group,
Issues Arrest Warrant,
S
PORTSNAUT
(May 26, 2017), https://sportsnaut.com/2017/
05/turkey-claims-enes-kanter-is-member-of-terrorist-group-issues-arrest-warrant/
[https://perma.cc/FWN2-ZEF3] (discussing that arrest warrants Turkey issued af-
2020]
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2. Application To Kanter
Still, Turkey may look for success in the Treaty under section
three of Article II, which describes association crimes.
136
Article II
(3)–(a) of the Treaty grants extradition for attempts to commit an
extraditable offense as an accessory or accomplice.
137
Further, sec-
tion 3(b) describes offenses of association to commit a crime
under the laws of Turkey and the United States, as well as conspir-
acy.
138
While the situation for G
¨
ulen is different, Turkey’s attempt
to have Kanter returned primarily lies within section 3(b).
139
Tur-
key claims that G
¨
ulen is responsible for the 2016 failed military
coup which, if proven, could put Kanter in hot water for his known
association with G
¨
ulen.
140
However, Turkey has struggled to pro-
vide Department of Justice attorneys with plausible evidence to
prove G
¨
ulen was behind the military coup.
141
Without this evi-
dence, the United States will remain reluctant to tie him to the
coup, which will keep G
¨
ulen from being extradited under Article II
(1)–(a) and Kanter from being extradited for possible association
under Article II (3)–(b).
142
Turkey’s argument loses even more merit when the conditions
of refusal in Article III of the Treaty are examined.
143
Sub-section
(1)–(a) of Article III specifically states that extradition shall not be
granted where the requested party regards the offense to be that of
a political character.
144
Although Turkey believes that insults
ter linking Kanter to FETO, which is led by fugitive G
¨
ulen). See, e.g., EU Denies
Claims Of Designating G
¨
ulen Group as ‘Terrorist Org’ in Report,
A
HVAL
N
EWS
(Apr. 15,
2018), https://ahvalnews.com/feto/eu-denies-claims-designating-G
¨
ulen-group-ter-
rorist-org-report [https://perma.cc/C5N8-G3TD] (showing European Union
failed to recognize G
¨
ulenist movement as terror group).
136. See Turk-U.S. Treaty, supra note 131, at 3 (discussing Turkey’s potential
legal strategy).
137. See id. (implementing crimes of attempt, accomplice, accessory offenses).
138. See id. (providing conspiracy and association crimes).
139. See Frank, supra note 135 (discussing that Kanter is wanted for associa-
tion within G
¨
ulen’s “terror group”).
140. For further discussion of Turkey’s claims against G
¨
ulen and his organiza-
tion, see supra notes 62–68 and accompanying text. For further discussion of
Kanter’s association and allegiance to G
¨
ulen, see supra notes 69–73 and accompa-
nying text.
141. See Erkus, supra note 63 (detailing that Department of Justice attorneys
have spent “thousands of hours” on G
¨
ulen’s extradition request but have not
found plausible evidence that would meet evidentiary standards for extradition in
America’s judicial system).
142. See id. (explaining G
¨
ulen’s case would not proceed through court system
because of lack of enough evidence to pass through lower federal courts).
143. See Turk-U.S. Treaty, supra note 131, at 4–5 (focusing on Article III’s
political character exception in Conditions of Refusal).
144. See id. (referencing Article III’s political character exception).
270
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against the President are offenses that are punishable with penalties
and prison, the United States would most likely characterize
Kanter’s comments as political offenses, not legal offenses.
145
The
First Amendment to the Constitution allows freedom of speech
even when that includes insults against the President of the United
States.
146
Going further, Turkey continues to refer to Kanter as a
political target or opponent, rather than a wanted criminal, which
evinces the nature of his so-called “offenses.”
147
The second part of Article III sub-section (1)–(a) continues by
stating an extradition will not be granted where the United States
concludes that the request is being made to punish or prosecute
someone for an offense of political character or due to his political
opinions.
148
This portion of the Treaty albeit combats most of what
Turkey is attempting to do in its extradition request of Kanter.
149
Kanter’s insults or declarations of Erdogan’s political status are
145. Compare Safak Timur, Turkey Cracks Down on Insults to President Erdogan,
N.Y. T
IMES
(Mar. 2, 2016), https://www.nytimes.com/2016/03/03/world/eu-
rope/crackdown-dissent-turkey-insults-recep-tayyip-erdogan.html [https://
perma.cc/VG65-G3HP?type=image] (reporting that there have been 1,900 crimi-
nal cases filed against Turks since 2014 for insulting Erdogan), with Deena Zaru,
Top 10 Insults Hurled Back at Donald Trump,
CNN
(July 21, 2015), https://
www.cnn.com/2015/07/21/politics/donald-trump-insults-mccain-comments/in-
dex.html [https://perma.cc/H9HT-D3QS] (showing insulting President Trump is
normalized in America, rather than being a punishable crime).
146. See Lincoln Caplan, How the First Amendment Applies To Trump’s Presidency,
N
EW
Y
ORKER
(Mar. 21, 2017), https://www.newyorker.com/news/news-desk/how-
the-first-amendment-applies-to-trumps-presidency [https://perma.cc/5CBY-
MRKJ] (summarizing First Amendment coinciding with Donald Trump’s
presidency).
147. See Jacob Bogage, Turkish Prosecutors Reportedly Seek Arrest Warrant For NBA
Player Enes Kanter,
W
ASH
. P
OST
(Jan. 16, 2016, 12:18 PM), https://
www.washingtonpost.com/sports/2019/01/16/turkish-prosecutors-reportedly-
seek-arrest-warrant-nba-player-enes-kanter/ [https://perma.cc/2GNY-78VY] (re-
porting that Turkey seeks Kanter’s return as President Erdogan’s political oppo-
nent); see also Liz Roscher, Turkish Government Seeking International Warrant to Arrest
Knicks’ Enes Kanter,
Y
AHOO
! S
PORTS
(Jan. 16, 2016, 11:07 AM) https://
sports.yahoo.com/turkish-government-seeking-international-warrant-arrest-knicks-
enes-kanter-160737040.html [https://perma.cc/3U6A-KC6Z] (stating Kanter is
targeted by Erdogan’s political administration).
148. See Turkey-U.S. Treaty, supra note 131, at 4–5 (detailing conditions of
refusal for extradition).
149. See Ellentuck, supra note 6 (stating Kanter fears for his life following Tur-
key’s extradition request due to vocal opposition of Erdogan); see also Suzy Han-
sen, ‘The Era Of People Like You Is Over’: How Turkey Purged Its Intellectuals,
N.Y. T
IMES
(July 24, 2019), https://www.nytimes.com/2019/07/24/magazine/the-era-of-peo-
ple-like-you-is-over-how-turkey-purged-its-intellectuals.html [https://perma.cc/
PAC3-9K77?type=image] (showing Erdogan purged many Turkish academics who
strived for different political structure in Turkey); see generally Timur, supra note
145 (acknowledging that insulting Turkey’s government is punishable by criminal
prosecution in Turkey).
2020]
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clearly his own political opinions and do not meet the standard for
extradition set out in Article II (1)–(a).
150
Turkey may continue to
urge the United States that Kanter is involved in a “terror group”
but it seems unlikely that association in the G
¨
ulenist movement is
anything more than a political affiliation or opinion.
151
Rather,
Turkey will focus its efforts on proving Kanter’s involvement in the
2016 military coup that attempted to overthrow Erdogan.
152
Article III sub-section (1)–(a) additionally contains a provision
stating that any offense committed or attempted against a Head of
State or a Head of Government “[S]hall not be deemed to be an
offense of political character.”
153
The issue for Kanter with this
clause is that he becomes more vulnerable in the wake of new evi-
dence about the military coup.
154
While Kanter is safe to lash-out
against Erdogan and his administration, he can wind up in trouble
with the extradition laws if he is found to be involved with the coup,
which attempted a crime against the head of Turkey’s govern-
ment.
155
New evidence about Kanter’s involvement in the coup
would most likely be permitted in a preliminary extradition hearing
under Section 3190 of the United States Code if the United States
followed through with the request at a later date.
156
From there, a
magistrate judge with jurisdiction can most likely find that the con-
duct matches the treaties and is punishable in both countries, but
must decipher whether the crimes are “substantially analogous in
Turkey and the United States.
157
In a 2019 decision, the Ninth Circuit Court of Appeals decided
that for two offenses to be substantially analogous, the court looks
to whether the essential character of the transaction is the same
150. See Turkey-U.S. Treaty, supra note 131, at 3 (stating that crimes for extra-
dition must be punishable in both countries by penalty of at least one year in
prison). For further discussion on Article II requirements in the Turkey-U.S.
Treaty, see supra notes 117–119 and accompanying text.
151. For further discussion of the G
¨
ulenist movement, see supra notes 57–61
and accompanying text.
152. For further discussion of Turkey alleging Kanter to be a contributor in
the 2016 military coup, see supra notes 47–50 and accompanying text.
153. Turkey-U.S. Treaty, supra note 131, at 4 (stating that qualifying offenses
against Presidents do not fall under political character exception).
154. For further discussion of the 2016 Turkish military coup, see supra notes
47–56 and accompanying text.
155. See Caplan, supra note 146 (discussing constitutional freedom of speech
rights); Turkey-U.S. Treaty, supra note 131, at 3 (stating punishment for crimes
against heads of government).
156. See U.S.C. § 3190 (1996) (stating evidence admissible on hearing for ex-
tradition requests).
157. See United States v. Knotek, 925 F.3d 1118, 1128–29 (9th Cir. 2019) (ex-
plaining “substantially analogous”).
272
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and made criminal by both statutes.
158
The scope of the crime does
not need to be the same in both countries or contain identical ele-
ments.
159
Rather, it is enough that the act being charged is crimi-
nal in both jurisdictions.
160
The Court emphasized in its opinion
that the crux of substantial analogy is whether two countries’ laws
are “directed to the same basic evil.”
161
New evidence linking Kanter to involvement in the coup could
raise concern considering he can be extradited for criminal associa-
tion under Article II of the Treaty and the coup featured a plethora
of high-profile crimes in and of itself.
162
G
¨
ulen would also be
placed in hot water as the leader of the G
¨
ulenist movement and
subject to extradition for leading the coup.
163
However, this is
merely speculative for now as Turkey has struggled to find legiti-
mate evidence to back its extradition request.
164
B. Canadian Extradition Law and Kanter
Although it seems as if Kanter is safe in America right now, it is
also clear he avoids traveling to Canada to prevent a potential arrest
or incident that may lead to his extradition.
165
Unlike traveling to
London, which would most likely be a difficult process without the
security of a passport, Kanter is free to travel internationally to Ca-
nada with the use of his Green Card.
166
Still, he fears traveling
158. See id. at 1331 (elaborating on substantial analogous element of extradi-
tion findings); see also Wright v. Henkel, 190 U.S. 40, 58 (1903) (stating that gen-
eral principles for international law for extradition cases, crimes done on which
extradition is demanded must be made criminal by laws of both countries).
159. See Knotek, 925 F.3d at 1331 (citing Collins v. Loisel, 259 U.S. 309, 312
(1922)) (holding that dual criminality existed where petitioner was accused of ob-
taining jewelry by false pretenses, which qualified as cheating in India, but ob-
taining property under false pretenses in United States).
160. See Collins, 259 U.S. at 312 (ruling on sufficiency for substantial analogy).
161. Clarey v. Gregg, 138 F.3d 764, 766 (9th Cir. 1998) (explaining substan-
tial analogy prong).
162. See Turk-U.S. Treaty, supra note 131, at 3 (indicating association crimes
as extraditable offenses). For further discussion of the 2016 Turkish military coup,
see supra notes 47–56 and accompanying text.
163. See Turk-U.S. Treaty, supra note 131, at 3–4 (prohibiting crimes against
heads of state). For further discussion on the G
¨
ulenist movement hierarchy, see
supra notes 57–61 and accompanying text.
164. See Erkus, supra note 63 (detailing Turkey’s struggles to link G
¨
ulen’s
movement to Turkey’s 2016 military coup).
165. See West, supra note 17 (discussing Kanter’s refusal to travel to Canada
with his team after Interpol issued Red Notice against him).
166. See McCann, supra note 5 (explaining that Kanter may travel to Canada
as permanent resident with Green Card); see also U.S. Permanent Residents Can Visit
Canada Without a Visa,
I
MMIGRATION
R
OAD
(Feb. 15, 2011), https://immigra-
tionroad.com/blog/u-s-permanent-residents-can-visit-canada-without-a-visa/
[https://perma.cc/LZH5-EJ2R] (“Permanent residents of the United States may
2020]
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outside of the United States or Canada will place himself in dan-
ger.
167
Kanter, however, does not seem to realize that he may be
safer from extradition in Canada than he is in the United States if
he is arrested.
168
Canada’s Extradition Act provides it with the legal basis to ex-
tradite a person living in Canada who is sought for extradition by
one of its extradition partners.
169
Extradition partners of Canada
only include countries who have an extradition agreement with Ca-
nada, countries listed in the Extradition Act, or countries which
have a case-specific agreement with them.
170
Turkey, unsurpris-
ingly, is not listed as a partner to Canada under the Extradition
Act.
171
Going further, Canada also has no bilateral or multilateral
conventions with Turkey that speak to extradition procedures.
172
It
seems then that Kanter, or anyone seeking shelter in Canada from
Turkey, only need to worry about a case-specific agreement be-
tween the countries.
173
Even if that scenario were to arise, it most likely would not
favor Turkey considering the stringent requirements of Canada’s
Extradition Act.
174
This Act is similar to United States extradition
law, in that it focuses on dual criminality principles within the coun-
tries.
175
Except, Canada has a heftier requirement for case-specific
agreements than the United States under Part 2 sub-section
travel to Canada from the United States . . . without passports, travel documents or
Visas provided they produce satisfactory evidence of their identity and status.”).
167. See McCann, supra note 19 (detailing Kanter’s worries about traveling to
London to play basketball); see also, West, supra note 17 (discussing Kanter’s fear of
leaving United States).
168. For further discussion of Canada’s international extradition laws, see in-
fra notes 169–183 and accompanying text.
169. See Extradition Requests to Canada,
C
ANADA
D
EP
’
T OF
J
UST
.
(Oct. 20, 2016),
https://www.justice.gc.ca/eng/cj-jp/emla-eej/tocan-aucan.html [https://
perma.cc/VKW7-TSV6] (explaining background of Canada’s extradition process).
170. See id. (explaining three types of extradition partners that Canada has).
171. See Extradition Act of Canada, S.C. 1999, c. 18 available at https://laws-
lois.justice.gc.ca/eng/acts/E-23.01/FullText.html [https://perma.cc/5L63-
QNXU] [hereinafter “Canadian Extradition Law”] (showing absence of Turkey as
extradition partner of Canada).
172. For further discussion on the observation that there is no applicable Ca-
nadian extradition treaty with Turkey, see supra note 169 and accompanying text.
173. See Canadian Extradition Law, supra note 171 (discussing case-specific
agreements under Canada’s extradition laws).
174. See id. (showing extraditable conduct provisions from Canada’s Extradi-
tion Act).
175. Compare United States v. Knotek, 925 F.3d 1118, 1128–29 (9th Cir. 2019),
with Canadian Extradition Law, supra note 171 (explaining Canada’s conduct pro-
visions). For further discussion on United States Extradition Law regarding dual
criminality, see supra notes 122–135 and 158–161 and accompanying text.
274
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(3)(1)(i) of the Act.
176
According to this provision, where a request
to Canada is based on a specific agreement, the offense must be
punishable by a prison term of five years or more in both coun-
tries.
177
A term which is four years longer than what is required of
dual criminality in the United States-Turkey Extradition Treaty.
178
The Minister of Justice in Canada eventually becomes the ulti-
mate decision-maker in the process.
179
After the minister grants au-
thority to proceed with the process, the Canadian courts must
determine whether there is evidence to justify the person’s surren-
der for extradition.
180
If the court decides to commit the person
for extradition, then the Minister of Justice literally has the power
to decide whether to order the person’s surrender even where it
means contradicting the court’s evidentiary finding.
181
Even after
the Minister renders a decision, the person committed may appeal
their committal and seek judicial review of the Minister’s surrender
order.
182
Considering Canada’s lack of relationship with Turkey, its
heightened requirements for extradition, and its appeal process, it
is likely that Turkey would have difficulty apprehending Kanter if
he was arrested in Canada.
183
This comes as no surprise due to
Canada’s reluctancy to extradite criminals in the past, including
some very high profile cases.
184
For example, serial killer and rapist
176. Compare Part 2 sub-section 3(1)(ii) of Canadian Extradition Law, supra
note 171 (explaining penalty for crimes within state provision), with Article
II(1)(a) of the Turkey-U.S. Treaty, supra note 131 (explaining requirements for
crime to be extraditable by American government).
177. See Part 2 sub-section 3(1)(ii) of Canadian Extradition Law, supra note
171 (discussing punishable prison term requirement of Canadian extradition spe-
cific agreements).
178. See Turk-U.S. Treaty, supra note 131, at 3 (“Offenses . . . which are pun-
ishable under both the federal laws of the United States and the laws of Turkey . . .
for a period exceeding one year or by a more severe penalty.”).
179. For further discussion on Canadian Minister of Justice’s extradition
power, see supra note 169 and accompanying text.
180. Compare Knotek, 925 F.3d at 1331 (listing elements of dual criminality),
with Extradition Requests to Canada, supra note 169 (explaining role of Canadian
courts in extradition proceedings).
181. For further discussion on the Canadian Minister of Justice’s final deci-
sion-making power, see supra note 169 and accompanying text.
182. See Extradition Requests to Canada, supra note 169 (noting possibility of
appeal or judicial review).
183. For further discussion on Canada’s extradition process, see supra notes
165–178 and accompanying text.
184. See Charles Montaldo, Serial Killer Charles Ng - A Master of Legal Manipula-
tion,
T
HOUGHT
C
O
(Mar. 17, 2017), https://www.thoughtco.com/charles-ng-
master-of-legal-manipulation-972723 [https://perma.cc/DHH8-EANL] (referring
to murderer Charles Ng).
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Charles Ng, fled to Canada after committing his crimes to avoid the
death penalty in the United States.
185
Understanding that Ng
would face death if extradited, Canada initially refused to return
him to the United States.
186
It took six years and a $6.6 million
dollar legal battle for Canada to finally extradite Ng in 1991 to the
United States, where he now sits on death row.
187
Kanter’s offenses
are far less serious, but Ng’s case shows Canada’s opposition to ex-
tradition, especially where the committed person may face torture
and death if returned.
188
As of now, Kanter does not have much to worry about regard-
ing extradition whether he is in the United States or Canada.
189
Although new evidence is always possible, it seems that his concerns
with traveling are focused primarily on capture or assassination.
190
Kanter may be safe under United States and Canadian extradition
laws, but Interpol, although unlikely, may have jurisdiction to ap-
prehend him.
191
C. Interpol Concerns
It is also very probable that Turkey, the world’s most fertile
abuser of Interpol, will be unsuccessful in obtaining Kanter
through the Red Notice system.
192
Because a Red Notice is not an
international arrest warrant, a receiving country has the option of
whether to arrest the wanted person, which many countries refuse
185. See Charles Montaldo, Sadistic Killer And Rapist Charles Ng,
T
HOUGHT
C
O
(July 15, 2018), https://www.thoughtco.com/profile-of-sadistic-killer-charles-ng-
972697 [https://perma.cc/RB93-UF8K] (discussing Ng’s horrid crimes, including
his path to Canada in order to avoid being killed by American forces).
186. See Montaldo, supra note 184 (analyzing that Canada refused to return
Ng because there was no more death penalty in Canada, but understood that if he
was returned, Ng would face death in United States).
187. See Montaldo, supra note 185 (discussing several outcomes of Charles
Ng’s extradition case).
188. See Montaldo, supra note 184 (showing Canada’s unwillingness to coop-
erate with extradition due to its opposition of death penalty implementation). For
further discussion on Kanter’s alleged offenses, see supra notes 6–12 and accompa-
nying text.
189. For further analysis on Kanter regarding United States extradition laws,
see supra notes 153–161 and accompanying text. For further analysis on Kanter
and Canadian extradition laws, see supra notes 167–172 and accompanying text.
190. See Shireen Qudosi, Enes Kanter Fears Turkish Assassination Plot,
C
LARION
P
ROJECT
(Feb. 20, 2019), https://clarionproject.org/enes-kanter-fears-turkish-as-
sassination-plot/ [https://perma.cc/SE2J-F5C7] (discussing Kanter’s fear of Turk-
ish assassination plots or impending torture if captured by Turkey’s government).
191. For further analysis on Interpol and Kanter, see infra notes 192–204 and
accompanying text.
192. For further discussion on Interpol and Turkey’s abuse of the Red Notice
system, see supra notes 80–84 and accompanying text.
276
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to do.
193
The United States is one of the countries that does not
arrest fugitives based solely on Red Notices; rather they investigate
first.
194
The Criminal Division of the Department of Justice will
make a determination if the wanted person on notice is eligible for
extradition by examining the crimes of the accused and by looking
to see if an applicable treaty exists between the two countries.
195
If
so, then the United States Attorney’s office will issue a warrant and
take the matter to court itself.
196
In Kanter’s case, the United States
is aware that he is on Red Notice and clearly aware that he resides
in the country, which makes it certain that the Department of Jus-
tice’s criminal division lacks any findings of extraditable crimes
against him at this point.
197
Still, Kanter traveling to the wrong places could put him in
harm’s way because Interpol is an international organization that
puts all participating countries on alert for a wanted person.
198
He
would be fine traveling to Canada considering the absence of a Tur-
key-Canada treaty, but may have a hard time in other countries, like
England.
199
There does exist an extradition treaty between the
193. See Sadar, supra note 77 (noting Red Notices are not equivalent to inter-
national arrest warrants); see also Michelle Estlund, Interpol’s Red Notices and Extradi-
tion: What Happens if There’s No Extradition Treaty?,
R
ED
N
OTICE
L. J
. (Mar. 5, 2019),
https://www.rednoticelawjournal.com/2019/03/interpols-red-notices-and-extradi-
tion-what-happens-if-theres-no-extradition-treaty/ [https://perma.cc/727F-Z33G]
(explaining that countries may operate at their own discretion in determining
whether to detain persons on Red Notice within their borders).
194. See Justice Manual: Organizations and Functions Manual, Chapter 3 Provi-
sional Arrests and International Extradition Arrests—Red, Blue, or Green Notices,
U.S.
D
EP
’
T OF
J
UST
.
, https://www.justice.gov/jm/organization-and-functions-manual-3-
provisional-arrests-and-international-extradition-requests [https://perma.cc/6PBS-
TXB5] (last visited Apr. 27, 2020) (stating that United States law prohibits arrest of
Red Notice subjects issued by another Interpol member country, when such notice
is not supplemented).
195. See id. (declaring certain investigative process requirements to check
someone within United States borders who is on Red Notice).
196. See id. (detailing functions of the US Attorney’s Office where Red Notice
arrests pass through criminal division of Department of Justice, subsequently
reaching them).
197. See Lindsey Wisniewski, Enes Kanter Remains in USA on “Red Notice” . . . But
What Does That Mean?,
NBC S
PORTS
(Feb. 28, 2019), https://www.nbcsports.com/
northwest/portland-trail-blazers/enes-kanter-remains-usa-red-notice-what-does-
mean [https://perma.cc/3EDJ-G726] (showing that American news networks are
aware Kanter is on Red Notice); see also McCann, supra note 5 (discussing Kanter’s
Red Notice status while he is within United States); Erkus, supra note 63 (speculat-
ing that Turkey has lack of evidence against G
¨
ulen for Turkey’s coup, suggesting
Turkey also lacks evidence against Kanter).
198. For further discussion of Red Notice alerts, see supra note 76 and accom-
panying text.
199. For further discussion on the lack of an extradition relationship between
Canada and Turkey, see supra notes 167–172, 183–188 and accompanying text.
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United Kingdom and Turkey that could provide a remedy for Tur-
key through Interpol.
200
In some cases, where a treaty between two
countries does not exist regarding extradition procedures, a coun-
try can still extradite a wanted fugitive.
201
Given the diplomatic re-
lationship between Turkey and the United Kingdom plus the
increased number of Turks and Muslims in that region of the
world, it very well could be a reality for Kanter if he is caught in
London.
202
However, the high court of the United Kingdom may
still be reluctant to extradite prisoners back to Turkey due to the
overcrowded prisons.
203
Regardless, chances of a Kanter assassina-
tion or attack in the United Kingdom is most likely higher than in
the United States or Canada.
204
D. Kanter’s Future in America and Abroad
1. Kanter and the U.S.
The next step for Kanter is most likely to secure his American
citizenship, which would relieve him of his current status as a “man
without a country.”
205
While the Green Card that Kanter holds pro-
vides some sense of security, the path to American citizenship
200. See The Extradition Act 2003 (Overseas Territories) Order 2016 (S.I.
2016/990), arts. 1(2), 3(1), Schs. 1, 3 available at http://www.legislation.gov.uk/
uksi/2016/990/contents/made [https://perma.cc/7UT4-8PR2] (listing Turkey as
Category 2 country in United Kingdom’s Extradition Act of 2003, meaning Turkey
has extradition treaty with United Kingdom, although United Kingdom is not part
of European Union).
201. See Estlund, supra note 193 (highlighting Red Notice subjects could be
transferred for prosecution via diplomatic channels, without existence of necessary
treaty).
202. See McCann, supra note 19 (observing Kanter’s comments that he could
be killed if he travels to Turkey); see also Relations Between Turkey and the United
Kingdom,
R
EPUBLIC OF
T
URKEY
M
INISTER OF
F
OREIGN
A
FFAIRS
, http://www.mfa.gov.
tr/relations-between-turkey-and-the-united-kingdom.en.mfa [https://perma.cc/
YBA4-LPGA] (last visited Apr. 27, 2020) (summarizing positive tourism, trade, his-
tory statistics between Turkey and United Kingdom).
203. See Bowcott, supra note 67 (inferring that United Kingdom judges will
not extradite prisoners back to Turkey in this political climate considering their
acknowledgement of Turkey’s overcrowded prison system).
204. See Marc Berman, Enes Kanter Fears He Will Be Killed if He Goes to London
Game,
N.Y. P
OST
(Jan. 5, 2019), https://nypost.com/2019/01/05/enes-kanter-
wont-go-to-london-because-of-a-freaking-lunatic/ [https://perma.cc/B7NJ-P8VA]
(showing Kanter’s fears of assassination in London); see also McCann, supra note 19
(noting Turkish population is greater in Europe than North America).
205. See Tim Reynolds, NBA Center Enes Kanter May Seek US Citizenship after
Turkish Government Canceled His Passport Following Criticism, and It’s Thrown His Fu-
ture For a Loop,
B
USINESS
I
NSIDER
(May 22, 2017), https://www.businessinsider.
com/ap-death-threats-may-prompt-nbas-kanter-to-become-us-citizen-2017-5
[https://perma.cc/7H6W-S3Z9] (discussing Kanter’s desire to gain American citi-
zenship following his detention in Romania).
278
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would inevitably lead him to obtaining a passport and more confi-
dence in his travels.
206
Turkey significantly hindered Kanter’s con-
fidence in traveling abroad when they cancelled his passport, which
explains his absence from several NBA games in recent times.
207
Yet, an American passport may dismiss those fears and allow Kanter
more freedoms to travel.
208
Kanter’s situation requires him to become a citizen through
naturalization.
209
While there are other ways to gain American citi-
zenship, none of those options will readily apply to Kanter.
210
Of
course, he could, as a Green Card holder, marry an American citi-
zen and become a citizen himself within three years, but it seems
that the NBA superstar is not welcoming such offers at this time.
211
Instead, Kanter will probably wait until 2021 to begin his citizenship
process when the mandatory five-year waiting period for Green
Card holders expires.
212
The five-year period requires that the
206. See McCann, supra note 5 (explaining that Kanter needs to gain Ameri-
can citizenship before he can become passport eligible).
207. See Reynolds, supra note 205 (detailing Kanter’s fear of Turkey in inter-
national travels); see also Daniel Matthews, New York Knicks Star Enes Kanter as Not
Traveled For NBA London Game as He Fears Fans of Turkish President Could Try to AS-
SASSINATE Him,
D
AILY
M
AIL
(Jan. 17, 2019), https://www.dailymail.co.uk/sport/
sportsnews/article-6602843/New-York-Knicks-Kanter-misses-London-game-assassi-
nation-fears.html [https://perma.cc/773H-XYRA] (noting Kanter’s absence from
New York Knick’s 2019 game in London); West, supra note 17 (noting Kanter’s
absence from Knicks’ 2019 game in Toronto).
208. See McCann, supra note 5 (noting international fugitive’s capabilities
with American passports).
209. See Path To U.S. Citizenship,
U.S. C
ITIZENSHIP AND
I
MMIGRATION
S
ERVICES
,
https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/path-us-
citizenship [https://perma.cc/5976-JT4F] (last visited Apr. 27, 2020) (explaining
most common path to United States citizenship involves Green Card holders or
permanent residents of at least five years to apply for citizenship through
naturalization).
210. See id. (listing other paths to United States citizenship for Green Card
holders or permanent residents that do not apply to Kanter).
211. See Naturalization and Acquisition of U.S. Citizenship,
K
ANTER
& R
OMO
I
M-
MIGR
. L. O
FFICE
, http://www.kanterromo.com/naturalization-acquisition-u-s-citi-
zenship/ [https://perma.cc/A9TF-2Y8M] (last visited Apr. 27, 2020) (explaining
that Green Card holders who are in marital union with American citizens may
apply for citizenship after only three years of continuous residence in America); see
also Mike Chiari, Enes Kanter Says He Gets Marriage Proposals On Social Media For Green
Card,
B
LEACHER
R
EPORT
(June 27, 2018), https://bleacherreport.com/articles/
2783159-enes-kanter-says-he-gets-marriage-proposals-on-social-media-for-green-
card [https://perma.cc/8WD4-JG4J] (stating Kanter rejects marriage proposals
and intends to let process run its course).
212. See 8 U.S.C. § 1427 (a) (2006) (“No person . . . shall be naturalized un-
less such applicant, (1) immediately preceding the date of filing his application for
naturalization has resided continuously, after being lawfully admitted for perma-
nent residence, within the United States for at least five years . . . .”); see also Chiari,
supra note 209 (reporting Kanter laughs off marriage proposals that would speed
up extradition process).
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Green Card holder maintain continuous residence in the United
States.
213
This should not be an issue for Kanter considering he has
not left the United States often since receiving his Green Card in
2016.
214
After meeting these requirements, Kanter can file his Form
N–400 application and adhere to additional citizenship require-
ments such as taking a biometrics exam, attending to an interview
with the United States Customs and Immigration Service, and fi-
nally taking the oath of allegiance.
215
Kanter may additionally be-
come subject to a background check and then pass an English
language and civics tests.
216
After the detention in Romania, specu-
lation arose regarding whether Kanter may seek an expedited citi-
zenship process given his political standing, but with less than two
years to go it is likely he will remain steady on the five-year waiting
period.
217
It is also worthy to note Kanter did not seek asylum in the
United States, even though he may have been eligible to do so.
218
Asylum seekers residing in the United States, whether legally or
not, may apply for such a status if they are unable to return to their
home country due to fear of persecution based on religion, mem-
bership of a social group, or political opinion.
219
This type of per-
secution must be done on behalf of the home country’s
213. See id. at § 1427 (b) (“Absence from the United States for a continuous
period of one year or more during the period for which continuous residence is
required for admission to citizenship . . . shall break the continuity of such resi-
dence . . . .”).
214. For further discussion on Kanter’s refusal to travel internationally, see
supra notes 17–19 and accompanying text.
215. See Citizen Path 2019,
I
MMIGRATION
D
IRECT
, https://www.us-immigra-
tion.com/blog/citizen-path-2018/ [https://perma.cc/F3CC-WBQD] (last visited
Apr. 27, 2020) (listing requirements for application of United States citizenship
through naturalization).
216. See McCann, supra note 5 (touching upon background checks, educa-
tion, and examinations involved in America’s naturalization process); see generally
Citizen Path 2019, supra note 215 (acknowledging basic examinations for citizen-
ship applicants).
217. See Reynolds, supra note 205 (discussing possibilities of Kanter’s expe-
dited citizenship process); see also Eurohoops Team, Enes Kanter Wants to Get US
Citizenship,
E
UROHOOPS
(May 22, 2017, 11:04 PM), https://www.eurohoops.net/
en/nba-news/453646/enes-kanter-wants-get-us-citizenship/ [https://perma.cc/
QNK6-Z2MM] (noting Kanter’s hopes of accelerated American citizenship
process).
218. See Reynolds, supra note 205 (showing that Kanter seeks citizenship
rather than asylum).
219. See Citizen Path 2019, supra note 215 (explaining that asylum seekers may
be granted stay for fears of persecution based on race, religion, nationality, mem-
bership in groups, or political opinion from their home country’s government).
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government.
220
Kanter, a legal United States resident, most likely
meets this criteria as he is the subject of persecution from the Turk-
ish government for his membership in the G
¨
ulenist movement and
opposition towards President Erdogan’s policies.
221
Yet, Kanter put
his faith in the naturalization process, rather than asylum, unlike
his good friend and religious leader, G
¨
ulen.
222
Regardless, Kanter’s
choice is a noble one and should be fruitful as he is hopefully on
his way to obtain an American citizenship and subsequently a
passport.
223
2. Rumors of NBA Expansion Overseas
A separate consideration that may affect Kanter as his NBA ca-
reer prolongs is the possibility of the NBA’s expansion into Eu-
rope.
224
NBA Commissioner, Adam Silver, expressed his desire to
expand into Europe in the past.
225
This should not come as a sur-
prise considering the NBA conquered American interest nation-
wide with its popularity, and now seeks to expand beyond the
United States.
226
Following the 2016 NBA season, which was the
same year Kanter received his United States Green Card, the NBA
had just completed its 161st game in league history overseas after
220. See id (emphasizing that persecution must come from their home coun-
try’s government or their government’s unwillingness to control listed group(s)).
221. For further discussion on Kanter’s rift with the Turkish government see
supra notes 6–10, 69–73 and accompanying text.
222. See Malik Ibrahim, An Open Door: G
¨
ulen Asylees in North America,
C
OMMA
N
ETWORK
(Feb. 28, 2017), http://commanetwork.com/dig_deeper/open-door-
G
¨
ulen-asylees-north-america/ [https://perma.cc/LNS8-5WUK] (noting G
¨
ulen’s
asylum from Turkey in United States).
223. For further discussion on Kanter’s path to United States citizenship, see
supra notes 209–217 and accompanying text.
224. See Dan Devine, Adam Silver Eyes 4 NBA franchises: ‘I Believe It’s Our Mani-
fest Destiny To Expand,’
Y
AHOO
S
PORTS
(Jan. 15, 2015, 2:05 PM), https://
sports.yahoo.com/adam-silver-eyes-4-european-nba-franchises—-i-believe-it-s-our-
manifest-destiny-to-expand-190532541.html?y20=1 [https://perma.cc/ER7A-
PMJK] (noting NBA commissioner Adam Silver has claimed it is NBA’s manifest
destiny to expand into Europe).
225. See id. (explaining that Silver has had his eye on four potential NBA
franchises in Europe); see also Bill Wilson, NBA Boss Adam Silver Hopes for Global
Basketball Bounce,
BBC N
EWS
(Jan. 15, 2015), https://www.bbc.com/news/business-
30754201 [https://perma.cc/WY4B-TBS8] (discussing Silver’s hopes of future ex-
pansion into Europe).
226. See Shane Ryan, The NBA is the Best Professional Sports League in America,
G
OLF
D
IGEST
(Nov. 20, 2017), https://www.golfdigest.com/story/the-nba-is-the-
best-professional-sports-league-in-america [https://perma.cc/CW7S-MXL4]
(claiming that NBA has surpassed NFL in terms of popularity); see also Wilson,
supra note 21 (discussing NBA’s surge in Europe as league’s teams continue to sell
out games in London).
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playing a total of seven games in Europe that season.
227
The NBA
has continued to have success in Europe since, as they have played
at least one game in London each of the past two seasons.
228
Expansion into Europe would pose even more problems for
Kanter considering his refusal to play internationally.
229
As the
league grows, Kanter would be subject to more away games in Eu-
rope, especially in London.
230
While his Green Card may allow for
this travel, we know that his concerns are more focused on being
subject to assassination or capture by Turkish nationals in the
United Kingdom and other regions.
231
However, the NBA seems to
sympathize with Kanter’s situation already and understands that the
safety of all their players is a top priority.
232
Still, NBA expansion into Europe remains speculative consider-
ing the structural barrier of professional sports leagues in the
United States and in Europe.
233
For example, the NBA exemplifies
a typical American sports league that conducts business under a
mixed-mode private property structure.
234
Franchises in the NBA
are able to limit competition by controlling the entry of new players
and new clubs through league wide restraints in addition to re-
straining free movement of prospective players through first year
227. See generally History of the NBA Global Games,
N
AT
’
L
B
ASKETBALL
A
SS
’
N
,
https://www.nba.com/global/games2013/all-time-international-game-list-printa-
ble.html [https://perma.cc/4NJ4-6FJW] (last visited Apr. 27, 2020) (recording
data on NBA’s history overseas).
228. See Philadelphia 76ers, Boston Celtics to Play Regular-Season Game in London,
N
AT
’
L
B
ASKETBALL
A
SS
’
N
(Aug. 10, 2017, 8:01 AM), https://www.nba.com/article/
2017/08/10/nba-london-games-2018-official-release/ [https://perma.cc/7MMK-
LM4J] (reporting Philadelphia 76ers and Boston Celtics 2017–2018 game in
London); see also NBA London Game 2019 to Feature Regular Season Game Between
Washington Wizards and New York Knicks,
N
AT
’
L
B
ASKETBALL
A
SS
’
N
(Jun. 20, 2018,
10:00 AM), https://www.nba.com/article/2018/06/20/nba-london-game-2019-
official-release [https://perma.cc/XSP7-KU9G] (reporting on Washington Wiz-
ards and New York Knicks 2019 game in London, which is one of several games
where Kanter refused to travel to Europe).
229. See McCann, supra note 19 (discussing Kanter’s absence from 2019
London game); see also West, supra note 17 (discussing Kanter’s refusal to travel to
Toronto).
230. See Wilson, supra note 21 (referencing that NBA expansion into Europe
may lead to development of four European franchises).
231. For further discussion on Kanter’s travel concerns, see supra notes 15–19
and accompanying text.
232. For further discussion on the NBA’s sympathy towards Kanter, see supra
notes 98–100 and accompanying text.
233. See Marc Edelman & Brian Doyle, Antitrust and Free Movement Risks Of
Expanding U.S. Professional Sports Leagues Into Europe, 29
N
W
. J. I
NT
’
L
L. & B
US
. 403,
405 (2009) (referring to different structures and competition laws between Ameri-
can and European sports leagues).
234. See id. at 406 (noting NBA’s position within American sports leagues).
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drafts and league-wide reserve systems.
235
On the contrary, Euro-
pean sports leagues generally operate under a pyramid structure
that features club promotion based around on-field perform-
ance.
236
For example, in England’s Premier league, the three best
teams from the second highest British division each season are pro-
moted to the Premier League, while the three worst teams from the
Premier League are demoted.
237
Further, first-year athletes in Eu-
ropean sports league are not forced to enter a first-year draft.
238
Instead, athletes can sign a contract with any club of their choosing
at any salary.
239
In addition, the antitrust ideologies exemplified in
American sports differ from European Community competition
law.
240
For these reasons as well as additional international expan-
sion issues, Commissioner Silver recently stated that the NBA is not
yet ready to expand into Europe.
241
For Kanter, Christmas in 2019 gave the Celtics superstar a very
special gift: his guaranteed safety internationally.
242
On December
25, 2019, Kanter traveled with the Boston Celtics and played in a
game against the Toronto Raptors, in which he helped lead the
Celtics to a big win.
243
Kanter credited Canadian Prime Minister
Trudeau and U.S. Senator Ed Markey for their diligent assistance in
235. See id. (discussing competition restraints implemented by NBA’s league
structure).
236. See id. at 408 (differentiating European sports league’s pyramid structure
with American sports league’s mixed-mode property structure).
237. See id. (explaining how England’s Premier League controls entering and
exiting teams, which is typical of most European sports leagues).
238. See id. at 409 (noting European professional sports leagues do not use
drafts to bring players into their leagues).
239. See id. (reporting that contracts provide possible entry into European
leagues).
240. See id. at 410–11 (explaining that unlike United States competition law,
European competition laws are intended to address both antitrust concerns and
policy goals oriented towards objectives of European economic integration).
241. See Gary Washburn, NBA Commissioner Adam Silver on Expanding to Europe:
‘We’re Not Quite There Yet’,
B
OSTON
G
LOBE
(Jan. 20, 2019), https://www.boston
globe.com/sports/celtics/2019/01/20/nba-commissioner-adam-silver-expanding-
europe-not-quite-there-yet/jGsoFqAvZXkQ743dgouLNM/story.html [https://
perma.cc/AU72-9ZX7] (“We’re not quite there yet, I think, for that level of expan-
sion to the league in terms of quality play. At the same time, we don’t want to
dilute the quality of NBA talent. That’s why my focus right now is building a very
strong 30-team league. But it’s something that’s not completely out of the ques-
tion, and I’m sure we’ll turn back to that at some point.”).
242. See Tim Bontemps, Celtics’ Enes Kanter to Play in Toronto After Issues Re-
solved,
ESPN
(Dec. 23, 2019), https://www.espn.com/nba/story/_/id/28361920/
celtics-enes-kanter-play-toronto-issues-resolved [https://perma.cc/L5G7-W294]
(reporting Kanter would play in his Christmas Day game in Toronto, which was his
first time travelling internationally in several years).
243. See Brown Scores 30, Celtics Beat Raptors 118–102,
ESPN
(Dec. 25, 2019),
https://www.espn.com/nba/boxscore?gameId=401161097 [https://perma.cc/
2020]
B
EATING THE
T
RAP
283
ensuring his safety.
244
This was Kanter’s first international game as
a Celtic and marks a huge stepping stone for him in this entire
situation.
245
Although Canada made this happen for Kanter, it is
still unlikely he will feel safe traveling to Europe to play in the near
future while his tension with Turkey is still hot.
246
It will be interest-
ing to see how Kanter chooses to respond to future NBA Interna-
tional games or potential NBA expansion, if applicable, down the
road.
247
IV. C
ONCLUSION
: A S
AFE
B
UT
W
ANTED
A
THLETE
In sum, Kanter is not your average international NBA super-
star.
248
President Erdogan of Turkey, who pinned the 2016 Turkish
military coup on the religious group that Kanter follows, has con-
stantly made efforts to have Kanter and G
¨
ulen returned to Tur-
key.
249
Although Erdogan’s previous efforts have been
unsuccessful, Kanter has remained extremely cautious in his inter-
national affairs and travels.
250
While his fears of assassination or
capture in Europe are warranted, his reluctancy to travel in order to
prevent a potential extradition is a precaution, at best.
251
At the situation’s current position, Turkey does not have an
avenue to have Kanter extradited under their treaty with the United
SP3S-ADK3] (showing Kanter’s double-double in Celtics’ Christmas Day game
against Toronto).
244. See Bontemps, supra note 242 (detailing Canada, United States working
together to help ensure Kanter’s safety).
245. See Enes Kanter Cleared to Travel to Toronto for Celtics Christmas Day Tilt vs.
Raptors,
CBS B
OSTON
(Dec. 23, 2019, 1:58 PM), https://boston.cbslocal.com/
2019/12/23/enes-kanter-cleared-toronto-celtics-raptors-christmas-day-nba-turkey/
[https://perma.cc/2YSD-YYER] (stating it was Kanter’s first time traveling interna-
tionally since joining Celtics).
246. See Chelsea Howard, Enes Kanter Won’t Travel With Knicks to London Due to
Fear of Turkish President,
S
PORTING
N
EWS
(Jan. 5, 2019), https://www.sportingnews.
com/us/nba/news/enes-kanter-new-york-knicks-wont-travel-london-fear-safety-
washington-wizards-turkish-president-recep-tayyip-erdogan/uc6py6a30rsi1qrxgm
212rlvj [https://perma.cc/WFB5-6BU9] (alluding to Kanter’s fear of prosecution
by Erdogan in Europe).
247. See id. (predicting Kanter probably will not travel overseas until his safety
is ensured).
248. For further discussion of Kanter’s unorthodox rise to NBA super-
stardom, see supra notes 3–10 and accompanying text.
249. For further discussion on Erdogan’s trials to have Kanter and G
¨
ulen re-
turned to Turkey, see supra notes 62–65, 85–90 and accompanying text.
250. For further discussion on Kanter’s absences from games that require in-
ternational travel, see supra notes 17–19 and accompanying text.
251. For further discussion of Turkey’s inability to extradite Kanter, see supra
notes 143–147, 165–168 and accompanying text.
284
J
EFFREY
S. M
OORAD
S
PORTS
L
AW
J
OURNAL
[Vol. 27: p. 251
States or their current extradition arrangement with Canada.
252
Turkey may have more success with extradition in the United King-
dom, but it seems unlikely considering the United Kingdom’s past
refusals to send Turkish nationals back home.
253
Additionally, it is
unlikely that any of these countries—the United States, Canada, or
the United Kingdom—will choose to act on Turkey’s Interpol Red
Notice for Kanter.
254
On the contrary it seems Kanter’s situation
will improve as he is only two years away from American citizenship
eligibility and, hopefully, a passport.
255
Further concerns may arise
for Kanter if the NBA decides to expand into Europe, but the cur-
rent set of circumstances makes it seem as if the league is not yet
ready for such a venture.
256
It is Kanter’s choice whether he wants
to travel for these international games, as he has the support of the
NBA and most of the United States.
257
Still, his cautious approach
is most likely an over-analyzation as it would be extremely difficult,
if not impossible, for Turkey to obtain Kanter through extradition
or Interpol.
258
Michael Horvath*
252. For further discussion on the applicable extradition treaties and Kanter’s
low chances of extradition, see supra notes 114–200 and accompanying text.
253. For further discussion on the United Kingdom’s refusal to extradite
Turkish nationals, see supra notes 66–68, 203–204, and accompanying text.
254. See Erkus, supra note 63 (suggesting Interpol Red Notice should not
threaten Kanter).
255. For more on Kanter’s American citizenship and passport situation, see
supra notes 205–214 and accompanying text.
256. For further discussion on NBA expansion into Europe, see supra notes
224–241.
257. For further discussion on the NBA’s support of Kanter’s travel decisions,
see supra notes 98–101 and accompanying text.
258. For further discussion on Turkey’s inability to extradite Kanter, see supra
notes 143–147, 165–168, and accompanying text.
* J.D. Candidate, May 2021, Villanova University Charles Widger School of
Law; B.S. in Business Administration, Bloomsburg University of Pennsylvania,
2018. I would like to thank my family and friends who have always encouraged me
to pursue my goals. I would also like to thank the current and former members of
the Bloomsburg Club Baseball team, who helped me re-find my passion for sports.
