How could you trust the process when part of Atty. Nicholas Kaufman's strategy is to seek help from the very government that sent Duterte to The Hague, Netherlands?
๐๐ฎ๐ญ๐๐ซ๐ญ๐ ๐ฅ๐๐ฐ๐ฒ๐๐ซ ๐๐๐ข๐ฅ๐ฌ
(๐๐ข๐ฌ)๐ฎ๐ง๐๐๐ซ๐ฌ๐ญ๐๐ง๐๐ข๐ง๐ ๐๐๐ฎ๐๐ฆ๐๐ง
By: TH
As the denial of interim release of Duterte sets in, advocates for Kaufman are starting to defend him before he’s being attacked. Staging for critics to be deemed adversaries and trying to silence them by saying accountability ends where Tribunal Judgement begins. However true that effort does not guarantee results, not doing the basics in litigation is a first to be held accountable to. The assumption that Kaufman would lack accountability is a gross misconception on the requirements for proper and professional litigation. Of course he is accountable for his work.Otherwise, how could he take credit for the disqualification of Khan?
Atty. Salvador Medialdea represented Duterte at the first appearance before the ICC pre-trial chamber on March 14, 2025. Medialdea accompanied Duterte during his abduction from the Philippines just days before. During the first appearance, Medialdea made it very clear “This is not an arrest, this is an extrajudicial rendition or in laymen’s terms a “pure and simple
kidnapping”.
The appointment of Kaufman
Requested by Duterte on March 14, during his appearance, confirmed on March 17 by the court and publicly announced on March 18, Kaufman was appointed the defense lawyer for Duterte. Kaufman’s application and following appointment was never an evident choice and soon raised eyebrows. Nonetheless, Kaufman had the support of the family and quickly became a symbol of hope because of his social media appearances.
Kaufman’s relation to Marcos
Is Kaufman the loyal and competent lawyer to defend Duterte? As a previous lawyer to Imelda Marcos, the former first lady to dictator Marcos and mother of Bong Bong Marcos, Kaufman had at least a professional relationship with a member of the Marcos family. Remarkable is the relationship which became visible very quickly, Kaufman’s personal connection to Senator Imee Marcos (BBM’s sister). They were seen having an engaged conversation on camera. There is a non-disputable relationship between Kaufman and the Marcos family. The Marcos family on majority is a sworn opponent to the Duterte’s. Bong Bong Marcos even arranged the plane for Duterte to be thrown out of the country.
๐๐๐ ๐ง๐๐ก๐๐ฉ๐๐ค๐ฃ๐จ๐๐๐ฅ, ๐๐๐ฉ๐๐๐ง ๐๐ช๐จ๐๐ฃ๐๐จ๐จ ๐ค๐ง ๐ฅ๐๐ง๐จ๐ค๐ฃ๐๐ก, ๐๐๐ฉ๐ฌ๐๐๐ฃ ๐๐๐ช๐๐ข๐๐ฃ ๐๐ฃ๐ ๐๐๐ง๐๐ค๐จ ๐ง๐๐๐จ๐๐จ ๐ ๐ก๐๐ง๐๐ ๐๐ฃ๐ฉ๐๐๐ง๐๐ฉ๐ฎ ๐๐ค๐ฃ๐๐๐ง๐ฃ. Kaufman could have never accepted this job knowing his former and current relations, no matter his statements trying to convince people otherwise. ๐๐ค๐ช ๐๐๐ฃ๐ฃ๐ค๐ฉ ๐ข๐๐ฃ๐ ๐ฉ๐๐ ๐๐ฃ๐ฉ๐๐๐ง๐๐ฉ๐ฎ ๐๐จ๐จ๐ช๐ ๐๐๐๐๐ช๐จ๐ ๐ฎ๐ค๐ช ๐๐๐ฃ๐ฃ๐ค๐ฉ ๐๐ง๐๐จ๐ ๐ฉ๐๐ ๐๐๐๐ฉ๐จ. It becomes even more disheartening when you would consider Kaufman actively applied for the job. Comparing this to the defense’s grounds for disqualification of Khan based on integrity issues, one could say this appears as an even greater perception of bias.
On strategy and empty statements
At the start Kaufman is fully set to emphasize the lack of jurisdiction of the ICC and the violation of Duterte’s rights during the so-called arrest. He emphasizes the arrest has been conducted illegally. Simultaneously, Kaufman urges everybody also on behalf of the family to respect the judicial process. Likely this respect for the judicial process request, originates from alleged offers to the family to extract Duterte from The Hague imprisonment, which they would have rejected if true. Later, the prosecution uses this to discredit the family’s intentions. They use it as one of the arguments to reject the bid for interim release which the court did on October 10, attempting to directly discredit the Vice President and therefore making this political in nature.
Every time the family visits Duterte or when Kaufman exits the detention center bloggers stand outside to ask questions. ๐๐๐ ๐จ๐ฉ๐๐๐๐ฎ ๐ก๐๐ฃ๐ ๐ค๐ ๐จ๐ฉ๐ค๐ง๐๐๐จ ๐๐ง๐ค๐ข ๐ฉ๐๐ ๐๐ก๐ค๐๐๐๐ง๐จ ๐๐ฃ๐ ๐๐๐ช๐๐ข๐๐ฃ ๐๐จ ๐ข๐ค๐จ๐ฉ๐ก๐ฎ ๐ฉ๐๐ ๐จ๐๐ข๐ ‘๐๐ ๐๐จ ๐๐ฃ ๐๐ค๐ค๐ ๐จ๐ฅ๐๐ง๐๐ฉ๐จ. No information on the defense strategy emerges until the first signs of declining health start to come out. Kaufman’s strategy at that time already shifted to requesting interim release whilst postponing the decision on jurisdiction. The dispute to the legality of the arrest seems to have disappeared. ๐๐๐ค๐ง๐ฉ๐ก๐ฎ, ๐ฉ๐๐ ๐๐๐ฉ๐ฃ๐๐จ๐จ ๐ค๐ ๐ฟ๐ช๐ฉ๐๐ง๐ฉ๐ ๐ฉ๐ค ๐จ๐ฉ๐๐ฃ๐ ๐ฉ๐ง๐๐๐ก ๐๐๐๐ค๐ข๐๐จ ๐ฉ๐๐ ๐ข๐๐๐ฃ ๐จ๐ฉ๐ง๐๐ฉ๐๐๐ฎ ๐ฌ๐๐๐ก๐ ๐ฉ๐๐ ๐๐ง๐ช๐๐๐๐ก ๐๐ง๐ค๐ช๐ฃ๐๐จ ๐๐ค๐ง ๐ฉ๐๐ ๐๐๐๐๐ฃ๐จ๐ ๐จ๐๐๐ข ๐ฉ๐ค ๐ฉ๐๐ ๐ ๐ ๐๐๐๐ ๐จ๐๐๐ฉ. In The Senate of The Philippines, the arrest has meanwhile been judged to be illegal, criminal complaints against the officials in charge have officially been filed.
Kaufman’s actions
Kaufman keeps focusing on interim release and is double crossed by the Presidential spokesperson in the act. On an officially submitted defense argumentation he quotes Usec. Claire Castro, who quite firmly denies having said the disputed contents “The Philippines don’t object to any outcome on the interim release”. ๐๐จ ๐ฉ๐๐๐จ ๐๐ฃ ๐๐ฉ๐ฉ๐๐ข๐ฅ๐ฉ ๐๐ฎ ๐๐๐ช๐๐ข๐๐ฃ ๐ฉ๐ค ๐ช๐จ๐ ๐ฅ๐ค๐ก๐๐ฉ๐๐๐จ ๐ฉ๐ค ๐ฅ๐ช๐จ๐ ๐๐ค๐ง ๐๐๐ง๐๐ค๐จ ๐ฉ๐ค ๐ง๐๐จ๐ฅ๐ค๐ฃ๐ ๐ฉ๐ค ๐๐๐จ ๐ง๐๐ฆ๐ช๐๐จ๐ฉ ๐ฉ๐ค ๐ก๐๐ฉ ๐ฟ๐ช๐ฉ๐๐ง๐ฉ๐ ๐ง๐๐ฉ๐ช๐ง๐ฃ ๐๐ค๐ข๐, ๐ค๐ง ๐๐จ ๐๐ ๐๐๐๐ฃ๐ ๐๐ช๐ฅ๐๐ ๐๐ฎ ๐ฉ๐๐ ๐ฅ๐๐ก๐๐๐
Even more interesting are the official court records concerning the interim release. You can argue
that the medical arguments itself would be enough but when they are contested by the prosecution and the victim’s lawyers you need to counter, that is basic litigation. ๐๐ค ๐ฃ๐ค๐ฉ ๐ง๐๐๐ช๐ฉ ๐ค๐ฃ ๐๐ซ๐๐ง๐ฎ ๐ฅ๐ค๐๐ฃ๐ฉ ๐๐ฃ๐ ๐๐ฃ ๐๐ค๐๐ฃ๐ ๐จ๐ค ๐๐๐๐๐ฅ๐ฉ๐๐ฃ๐ ๐ฉ๐๐ ๐ฅ๐ง๐ค๐จ๐๐๐ช๐ฉ๐๐ค๐ฃ’๐จ ๐๐ง๐ค๐ช๐ฃ๐๐จ, ๐ฉ๐๐๐จ ๐๐จ ๐ฌ๐๐๐ฉ ๐ข๐๐ ๐๐จ ๐ข๐ ๐๐ค๐ช๐๐ฉ ๐๐๐ช๐๐ข๐๐ฃ ๐๐ซ๐๐ฃ ๐ข๐ค๐ง๐ ๐ฉ๐๐๐ฃ ๐๐ฃ๐ฎ ๐ค๐ ๐ฉ๐๐ ๐ค๐ฉ๐๐๐ง ๐๐๐ฉ๐จ. You cannot really oversee all details on postponing requests, so it is hard to judge about the value of those acts, also because the records are heavily redacted.
The court records show the number of arguments put forth by the defense opposed to the greater number of arguments put forth by the prosecution and the OPCV. It seems Kaufman missed a reply to these arguments and accepted the dismissal of the medical arguments put forth by the defense.
Quotations of political speeches brought before as facts without context. Not debunking the narrative that the family is considering taking Duterte out by themselves. Bringing up the endless resources of the family. All those statements by the prosecution and the victims and no defense by Kaufman. Later, Kaufman had a scripted interview stating there will be an appeal on the rejection of the request for interim release. He stated documents have already been submitted. He will address mistakes made in the ruling he deemed had insufficient merit, but what about his own mistakes?
Kaufman’s ‘success’, disqualifying Khan
The voluntary leave of absence that Khan took on May 16, 2025, was most probably inspired by his eminent demise as an alleged sex-offender. Khan was not returning to the case any time soon. Even the OPCV indicates in their submission as a response to the request for disqualification, it is no longer necessary. Legally if there is no expected result, the procedure is considered as void or lacking effect. Still Kaufman invests quite some time in the request for disqualification.
The court even assisted Kaufman when his team quoted the incorrect specific article in the Rome Statute. Nonetheless, Khan is disqualified but not really considered biased. ๐พ๐๐ฃ ๐ฎ๐ค๐ช ๐ง๐๐๐ก๐ก๐ฎ ๐๐๐ก๐ก ๐ฉ๐๐๐จ ๐ ๐จ๐ช๐๐๐๐จ๐จ ๐ค๐ง ๐๐จ ๐๐ฉ ๐๐ช๐จ๐ฉ ๐๐ฃ๐ค๐ฉ๐๐๐ง ๐ฅ๐ค๐จ๐ฉ๐ฅ๐ค๐ฃ๐๐ข๐๐ฃ๐ฉ ๐ค๐ง ๐ฌ๐๐ฃ๐๐ค๐ฌ ๐๐ง๐๐จ๐จ๐๐ฃ๐
Even though I am not a lawyer myself, I observe this kind of procedure seems to divert from the real defense. Evidence was compromised from the start, resulting in a baseless investigation and therefore an invalid arrest. ๐๐๐ ๐จ๐๐๐๐ง ๐ก๐๐๐ ๐ค๐ ๐๐ซ๐๐๐๐ฃ๐๐ ๐ฅ๐ง๐ค๐ซ๐๐๐๐, ๐๐ฃ๐ ๐ฉ๐๐ ๐ฅ๐ค๐ก๐๐ฉ๐๐๐๐ก ๐๐๐๐จ ๐ค๐ ๐ฉ๐๐ ๐ฅ๐ง๐ค๐จ๐๐๐ช๐ฉ๐ค๐ง ๐จ๐๐ค๐ช๐ก๐ ๐๐๐ซ๐ ๐ฅ๐ง๐ค๐ซ๐๐๐๐ ๐๐ฃ๐ค๐ช๐๐ ๐๐ค๐ฃ๐ฉ๐๐ญ๐ฉ ๐ฉ๐ค ๐ง๐๐ฆ๐ช๐๐จ๐ฉ ๐๐ค๐ง ๐ฉ๐๐ ๐๐๐จ๐ ๐ฉ๐ค ๐๐ ๐ฉ๐๐ง๐ค๐ฌ๐ฃ ๐ค๐ช๐ฉ.
Just trying to understand
Why doesn’t attorney Kaufman object, respond, defend or even more so why doesn’t he proceed with the real procedure, request to junk the case? We can only guess on Kaufman’s strategy if I generously call it a strategy.
Observing the court records and the empty statements by Kaufman, I cannot help but deem him unfit to be Duterte’s attorney. Is it ulterior motive, incompetence or both. This is not about accepting legal outcome, it is about looking at the whole picture and observing the defense is absent. ๐๐๐ช๐๐ข๐๐ฃ ๐๐จ ๐ฉ๐๐๐ง๐ ๐๐ช๐ฉ ๐ฟ๐ช๐ฉ๐๐ง๐ฉ๐’๐จ ๐๐๐๐๐ฃ๐จ๐ ๐๐จ ๐ฃ๐ค๐ฉ. To the Duterte family: isn’t it time to act and change team to one that is not aligned with Marcos?
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