See 18 U.S.C. § 3196 ("If the applicable treaty or convention does not obligate the United States to extradite its citizens to a foreign country, the Secretary of State may, nevertheless, order the surrender to that country of a United States citizen whose extradition has been requested by that country if the other requirements of that treaty or convention are met."). The Department of State appears to have chosen to exercise its discretion in this case by requesting Sacireby's extradition. On March 17, 2003, the Department of Justice filed a Complaint for Arrest with a View Towards Extradition of Sacirbey in the United States District Court for the Southern District of New York. Sacirbey was arrested in March 2003 and detained for over a year until he wasState Department employee and current professor of law, and the declaration of Michael Hartmann, then an adviser to the State Department on matters of criminal prosecution in Afghanistan, as an expert on Bosnian criminal law. Sacirbey testified that the finances of the U.N. mission were haphazard during his tenure and that his political adversaries were using a criminal investigation to retaliate against him. Id. at *20-25. Professor Williams corroborated Sacirbey's claims, testifying that "after Sacirbey left office, the party controlling the Bosnian government changed hands, and the new party, `which was the former communist party, essentially recloaked, had a very specific motive in going after members of the former regime to discredit them for political reasons.'" Id. at *19-20.
In an Opinion and Order dated January 19, 2005, Magistrate