Office of the Legal Adviser for Law Enforcement and Intelligence (L/LEI)
U.S. Department of State
Room 4331
2201 C Street NW
Washington, DC 20520

Re: Opposition to Surrender - Extradition Request by Canada for William Gary Whatcott - A-Number
Sent via USPS Express Mail

Dear Office of the Legal Adviser:

I am writing as an interested party to respectfully request that the Secretary of State decline to surrender William Gary Whatcott to Canada. I understand Canada has now formally requested extradition.

I make this request on two grounds for the Secretary's discretionary consideration:

1. Double Jeopardy - Prior Acquittal for Same Conduct.

Mr. Whatcott was tried and acquitted in Canada in 2021 on the same charge now forming the basis of the extradition request. I attended that trial via Zoom.

The second prosecution for the same conduct after an acquittal would be barred by the Double Jeopardy Clause of the Fifth Amendment to the U.S. Constitution if prosecuted in the United States. To surrender a person to face a second prosecution in Canada for conduct for which he was already acquitted is contrary to this fundamental protection in American law.

2. Nature of the Conduct - Peaceful Religious Expression.

The conduct at issue was the peaceful, non-violent distribution of religious gospel tracts in public in Toronto, done in a loving spirit.

At the 2021 trial, Judge Goldstein, who stated he did not share Mr. Whatcott's religious beliefs, found in his judgment of acquittal that Mr. Whatcott did not act out of hate, but out of sincere religious conviction in sharing the gospel.

This is protected religious expression and free exercise.

For these reasons - the prior acquittal for the same charge and the religious, non-violent nature of the speech - I respectfully request that the Department deny extradition and decline to surrender William Gary Whatcott.

Thank you for considering this submission and for including it in the record for the Secretary's review.

Sincerely,