A phone that left court custody
Spanish police detained James Chambers, a US citizen and prominent donor to left-wing and humanitarian causes, in July, and he is now held in Madrid. According to his lawyer Aitor Martínez, US authorities took possession of his cellphone at some point after that arrest without informing either Chambers or his legal representatives. The defense learned on Tuesday that the device was no longer held by the national court in Madrid and had instead passed to the FBI.[S1]
Martínez said the handover contradicted written assurances the court had given the defense that the phone would stay in judicial custody until the extradition request was settled. He argued that both Spanish law and the bilateral extradition treaty require that outcome. The defense has now petitioned an appeals court for the phone's immediate return, for a full account of who handled it and when, and for confirmation of whether US officials examined its contents.[S1]
Bringing the device back would likely require action from the office of Félix Bolaños, Spain's justice minister, Martínez said. He described the situation as unprecedented in his experience of extradition proceedings, arguing that Spanish judicial authorities cannot relinquish control of a wanted person's personal effects simply because a foreign government requests them.[S1]
Charges, asylum and a treaty from 1970
The US extradition request is the first known attempt to extradite a US citizen over alleged backing for Hamas, and it rests on money Chambers gave to Palestinian causes, including the Sameer Project in Gaza. It also cites charges connected to a protest targeting Elbit Systems, an Israeli weapons manufacturer. Chambers maintains through his lawyers and his partner, the actor and activist Stella Schnabel, that the pursuit is politically driven, and he has applied for political asylum from prison.[S1]
Under Spanish law, an asylum applicant cannot be surrendered before that process concludes, and Martínez said the court must protect Chambers and refrain from sharing information about him with the country he says is persecuting him. A judge refused a request for provisional release earlier this month, partly on the view that Chambers's wealth made him a flight risk. Spanish courts could take months to decide the extradition, and Martínez noted that a 1970 treaty allows a sought person's possessions to go to the requesting country only if extradition is granted.[S1]
Wealth, donations and public controversy
Chambers describes himself as a communist and anti-imperialist and is an heir to the Cox family, which owns Atlanta-based Cox Communications. In a settlement reached when his family cut ties with him, he sold stock back to relatives for roughly $250m in mid-2023. Schnabel says he has since financed an estimated 100 projects across 20 countries. His views and giving have drawn wide coverage in US media, and his remarks on Israel and Gaza have stirred controversy.[S1]
Schnabel said she collected Chambers's personal belongings, including keys and identification, at the prison where he is held last month. It remains unclear whether Spain had already given his phone to the US by that point; Martínez said a judge assured him on 20 July that the court still had the device. Schnabel said the development did not surprise her, describing it as consistent with an administration she believes disregards legal rules.[S1][S2]
