“Under such circumstances, a reasonable person would believe they were not free to leave,” Pollack said.
FBI’s Role in Hacking Probe Under Scrutiny
Forlit is accused of hiring hackers, with the assistance of convicted collaborator Aviram Azari, to discredit U.S.-based climate activists involved in litigation against ExxonMobil. Prosecutors allege Forlit’s operation earned millions between 2012 and 2019, with his clients including an American lobbying firm seeking to undermine environmental advocacy efforts.
Azari, who owned an Israeli private intelligence firm, pleaded guilty to related charges and was sentenced to 80 months in prison in 2023. Forlit denies the allegations, asserting he had no role in any illegal hacking scheme.
Defense lawyers argue that the FBI’s tactics violated international law and improperly bolstered the criminal case against Forlit. They claim no direct evidence from Forlit’s emails links him to the alleged crimes, relying instead on statements obtained during his embassy interview.
U.S. Government’s Position on Rights Claims
The U.S. Department of Justice has indicated it will not oppose procedural challenges tied to Miranda rights if Forlit is extradited, Pollack testified. However, it remains unclear whether Forlit, as a foreign national questioned outside the U.S., has standing to invoke such protections.
