Fergie Chambers Faces Extradition to U.S. Despite Never Being Indicted, Says Lawyer

The Trump administration’s extradition case against millionaire left-wing donor James “Fergie” Chambers, detained in Spain since July, ran into an apparent hurdle when two witnesses called before a federal grand jury announced their intention last week to refuse to testify.

Several observers familiar with the case said the grand jury is likely related to the extradition effort.

The refusal of the grand jury witnesses to testify takes on added importance because the U.S. is pursuing Chambers’s extradition based on a criminal complaint, not an indictment, according to his Spanish lawyers. The criminal affidavit, signed by a single FBI agent, includes three charges related to his support for pro-Palestine causes.

The distinction, critics of the extradition case say, highlights how the case is hung on one agent’s complaint, which remains under seal, rather than a grand jury investigation to determine if the state had sufficient evidence to indict Chambers.

“The complaint is not only vague and weak, it’s not normal,” said Aitor Martínez, one of Chambers’s Spain-based lawyers. “In 20 years of practice, I’ve never seen a U.S. extradition request based on a criminal complaint.”

Martínez pointed to a statement from a summary of the complaint contained in an international arrest order reviewed by The Intercept and directed at Spanish authorities that says, “If Chambers’ extradition to the US is granted, another charging document called an indictment will be sought from a federal grand jury.”

Xavier de Janon, the executive director of the U.S.-based National Lawyers Guild and who is not working directly on the Chambers case, said, “Seeking an extradition without there being an indictment puts the cart before the horse.”

“If he is extradited under a criminal complaint,” said de Janon, “he can’t even fully challenge the charges, because he hasn’t been indicted.”

The State Department referred questions to the Department of Justice, which declined to comment.

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Two of the three charges underpinning the extradition request against Chambers — riot and incitement to riot — are related to allegations that he helped fund a late-2023 protest in Merrimack, New Hampshire, against an Israeli weapons manufacturer, according to the summary of the complaint contained in the arrest order. The summary says Chambers provided funds for demonstrators used to purchase materials such as smoke bombs and to help cover protesters’ legal fees.

The third charge is international money laundering related to more than $7 million he transferred to bank accounts in Tunisia, where he was living in 2024. The Trump administration, according to the international arrest order, says the money was used to fund Hamas, which is a proscribed terror group in the U.S. The order does not say he is charged with material support for terrorism.

Chambers’s family and supporters and multiple representatives of Club Africain, a Tunisian soccer club, have said the money was used to pay the club’s debts and related expenditures such as training grounds. The club’s fan base has long supported Palestinians.

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Grand Jury Refusal

Two women who participated in the 2023 protest against a factory operated by the Israeli weapons manufacturer Elbit Systems recently announced their intentions not to cooperate with a November 4 grand jury hearing where they have been summoned as witnesses.

“If they are being summoned now, this suggests that the grand jury seems to be linked to Chambers’s case,” said Martínez, his lawyer. “It seems like a fishing expedition against him.”

Kira Kelley, an attorney for the two women, said, “Context clues suggest this is about Fergie.”

If the pair don’t answer questions from a federal prosector before the New Hampshire federal grand jury, they could risk a possible jail sentence for contempt.

Nonetheless, the two women — Bridget Shergalis and Sophie Ross — shared a statement with The Grayzone Thursday announcing their intention to refuse to testify. In an interview on the same day with The Intercept, the women recounted being under investigation for a year over the protest and being threatened with felony charges that carried potential sentences of decades in prison.

Shergalis and Ross said they turned down several deals for their cooperation. By the end of the ordeal, they were found guilty of misdemeanor offenses and received 60-day jail sentences.

Following that experience, said Ross, the pair decided to reject the subpoena to testify before a grand jury.

“It was an easy decision for both of us,” Ross said.

Shergalis and Ross are slated to testify on Wednesday, at which time they plan to assert their Fifth Amendment rights and decline to answer any questions from the federal prosecutor.

At that point, a hearing before a judge may be scheduled, to determine whether to hold Shergalis and Ross in civil contempt, which could result in up to 18 months of prison, according to Kelley.

Martínez, who also worked on WikiLeaks founder Julian Assange’s defense team, said the decision by Shergalis and Ross recalled that of Chelsea Manning, who twice refused to testify against Assange before a grand jury, serving time in prison in both instances. 

“It’s like Chelsea Manning, years later,” he said.

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Shergalis and Ross decided to go public with their plans after speaking with organizers behind the recently-launched NSPM-7 Defendants Union, a nationwide project for protesters targeted by the Trump administration’s efforts to criminalize dissent as laid out in last year’s National Security Presidential Memorandum-7. The document, part of a broader effort to paint left-wing activism as terrorism, directs the FBI to go after “violent and terroristic activities” associated with “anti-fascism.”

The NSPM-7 Defendants Union is centered around signing a pledge to follow practices such as not cooperating with law enforcement, adopting collective legal strategy when possible, and publicly announcing those strategies — a goal that runs against the secrecy surrounding federal indictments.

While secrecy benefits prosecutors before a grand jury, said Shergalis, “It’s good for all of us to be as transparent as possible.”

Shergalis, Ross, and Chambers have each signed the pledge, and the grand jury decision appears to be the first public test case of the union’s ideas.

“We should celebrate people across the country deciding to assert their legal rights boldly against the federal government and its NSPM-7 policy,” said de Janon, of the National Lawyers Guild. “We’re seeing NSPM-7 result in unprecedented levels of prosecution against protesters.”

“This Is Bad Faith”

Meanwhile, Chambers remains imprisoned in Madrid, as the Spanish courts decide whether to grant the U.S. extradition request or not.

Chambers has applied for asylum in Spain and, if his application is granted, he would be released and the U.S. extradition request would be denied. He cannot be extradited until the asylum case runs its course.

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A self-described communist and anti-imperialist, Chambers is heir of the Cox family, owners of Atlanta-based telecom giant Cox Enterprises. As part of a settlement in which his family severed ties with him at the time, he sold stock back to them in mid-2023 worth about $250 million.

Since then, he has been funding an estimated 100 humanitarian and left-wing projects in 20 countries, according to his partner, actress and activist Stella Schnabel, including aid projects in the Occupied Gaza Strip.

As for the Trump administration’s case, Martínez, the Spanish attorney, underscored how the criminal complaint against Chambers raises charges related to the protest against the New Hampshire factory for Elbit Systems, Israel’s largest arms manufacturer, but leaves out how federal prosecution efforts ended up with minor convictions for Shergalis, Ross, and other activists.

“The people who carried out the acts received a minor sentence,” he said. “They leave this out. This is bad faith.”

“Why don’t they tell this to Spain?” he said. “It’s likely that Spain won’t turn someone over based on actions that got 60-day sentences.”

Martínez said Chambers’s opposition to the Israeli genocide in Gaza is the real reason behind the case. “I believe this is part of the persecution against pro-Palestine protest. The U.S. has even sanctioned the International Criminal Court because of this.”

Of Chambers’s case, Martínez said, “This is one more attack.”