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DU Home » Latest Threads » Forums & Groups » Main » Latest Breaking News (Forum) » US preparing case against...

Wed Sep 5, 2012, 04:40 PM

Star Member AntiFascist (10,799 posts)

US preparing case against WikiLeak's Assange: lawyer

Source: Agence-France Presse

US prosecutors are secretly preparing a case against WikiLeaks founder Julian Assange for publishing a cache of sensitive diplomatic cables, his lawyer Baltazar Garzon said Wednesday.

...

Spain's Garzon, known for once pursuing Chile's former dictator Augusto Pinochet, said he was convinced that a "secret grand jury" in the United States had launched an investigation into Assange and WikiLeaks. He said he based this belief on statements made by people who have testified in the probe of US Army Private Bradley Manning for passing the trove of classified documents to WikiLeaks, a whistle-blowing website.

"The procedure (against Assange) exists. We are going to ask US authorities to tell us if they have launched a procedure against WikiLeaks that affects Julian Assange," Garzon told a meeting with foreign journalists in Madrid.

"I can already tell you that they will not respond. It is true that there are no formal charges (in the United States) against Julian Assange but from my experience charges can be laid in just 24 hours."


Read more: http://nz.sports.yahoo.com/news/us-preparing-case-against-wikileaks-191742538.html


Other reports confirm that there is an ongoing US investigation directly against Assange, secret or not.

41 replies, 3710 views

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Arrow 41 replies Author Time Post
Reply US preparing case against WikiLeak's Assange: lawyer (Original post)
 AntiFascist Sep 2012 OP
LineReply Stay tuned. n/t
 Cleita Sep 2012 #1
LineLineReply I bet we will see that case in 24 business hours. nt
 msanthrope Sep 2012 #15
LineLineLineReply The point is...
 AntiFascist Sep 2012 #16
LineLineLineLineReply Right. I expect proof of this within 24 business hours. nt
 msanthrope Sep 2012 #17
LineReply Here we go.
 dipsydoodle Sep 2012 #2
LineReply Presidents have been doing crap like this since Jefferson
 pscot Sep 2012 #3
LineLineReply "It's his least attractive characteristic."
 dixiegrrrrl Sep 2012 #4
LineLineLineReply +1000
 DeSwiss Sep 2012 #5
LineLineLineReply I was thinking in terms of domestic issues
 pscot Sep 2012 #13
LineReply I'd like for these geniuses......
 DeSwiss Sep 2012 #6
LineLineReply I posted yesterday...
 AntiFascist Sep 2012 #9
LineLineLineReply Well, I'd prefer to get my Constitutional opinions.....
 DeSwiss Sep 2012 #11
LineLineLineReply which means all those journalist and newspapers editors are no different to Assange
 Swagman Sep 2012 #31
LineReply did any one honestly think the U.S. -- in spite of our obvious corruption -- isn't vengeful?
 xchrom Sep 2012 #7
LineReply It is stuff like this...
 NeoConsSuck Sep 2012 #8
LineReply How can they charge a foreign journalist? They are not HIS national secrets.
 McCamy Taylor Sep 2012 #10
LineLineReply Australia's US embassy...
 AntiFascist Sep 2012 #12
LineReply The Third Way among us are probably celebrating. nm
 rhett o rick Sep 2012 #14
LineLineReply b-b-but they only want him to answer questions.
 U4ikLefty Sep 2012 #27
LineLineLineReply They, like Republicans, dont like whistle-blowers. It upsets their world. nm
 rhett o rick Sep 2012 #30
LineReply Putting Assange on trial is a no win situation for the President.
 hack89 Sep 2012 #18
LineLineReply Which is why he'll be renditioned and held indefinately.
 HooptieWagon Sep 2012 #19
LineLineLineReply So tell me what has changed over the past two years.
 hack89 Sep 2012 #22
LineLineLineLineReply UK won't participate with rendition.
 HooptieWagon Sep 2012 #25
LineLineLineLineLineNew Reply Uncovered: Britain's secret rendition programme
 hack89 Sep 2012 #37
LineLineLineLineLineLineNew Reply They can hardly rendition Assange in secret.
 HooptieWagon Sep 2012 #38
LineLineLineLineLineLineLineNew Reply So one Swedish rendition case eleven years ago trumps everything else?
 hack89 Sep 2012 #40
LineLineReply Bradley Manning could also be viewed as a martyr, if not moreso...
 AntiFascist Sep 2012 #20
LineLineLineReply But that makes more sense if you want to deter others from giving secrets to Wikileaks.
 hack89 Sep 2012 #21
LineLineLineLineReply Honestly...
 AntiFascist Sep 2012 #23
LineLineLineLineLineReply I am assuming that President Obama is in charge. I think it is a reasonable assumption. nt
 hack89 Sep 2012 #24
LineLineLineLineLineLineReply Of course, but he also has to respect the DOJ...
 AntiFascist Sep 2012 #26
LineLineLineLineLineLineLineNew Reply He only has to respect DoJ if he extradites legally.
 HooptieWagon Sep 2012 #39
LineReply This is Assange's lawyer saying something he hopes will help Assange.
 pnwmom Sep 2012 #28
LineLineReply Please see Post #12...
 AntiFascist Sep 2012 #29
LineLineLineNew Reply Read your own quote. It would be to Obama's advantage to just let this matter drop
 pnwmom Sep 2012 #32
LineLineLineLineNew Reply We don't know if the US (courts) are ready to quietly drop the case...
 AntiFascist Sep 2012 #35
LineLineLineLineLineNew Reply But we do know that the lawyer's statements
 pnwmom Sep 2012 #36
LineLineLineNew Reply Viewpoint: A risky Ecuador-Assange alliance (PJ Crowley | BBC | 24 August)
 struggle4progress Sep 2012 #33
LineNew Reply Garzon is either show-boating or ignorant as hell: federal grand jury rules prevent an answer
 struggle4progress Sep 2012 #34
LineNew Reply K&R#24 n/t
 bobthedrummer Sep 2012 #41

Response to AntiFascist (Original post)

Wed Sep 5, 2012, 04:43 PM

Cleita (64,660 posts)

1. Stay tuned. n/t

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Response to Cleita (Reply #1)

Wed Sep 5, 2012, 06:22 PM

Star Member msanthrope (16,903 posts)

15. I bet we will see that case in 24 business hours. nt

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Response to msanthrope (Reply #15)

Wed Sep 5, 2012, 06:27 PM

Star Member AntiFascist (10,799 posts)

16. The point is...

the groundwork is being laid to prosecute. Once he gets extradited to Sweden, there may be those in the US pushing to move forward.

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Response to AntiFascist (Reply #16)

Wed Sep 5, 2012, 09:27 PM

Star Member msanthrope (16,903 posts)

17. Right. I expect proof of this within 24 business hours. nt

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Response to AntiFascist (Original post)

Wed Sep 5, 2012, 05:00 PM

Star Member dipsydoodle (33,146 posts)

2. Here we go.



I can think of worse places to be than banged up in Knightsbridge for some years which is where he'll stay if he's got any sense.

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Response to AntiFascist (Original post)

Wed Sep 5, 2012, 05:01 PM

Star Member pscot (14,148 posts)

3. Presidents have been doing crap like this since Jefferson

Obama seems to have a real bent for it. It's his least attractive characteristic.

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Response to pscot (Reply #3)

Wed Sep 5, 2012, 05:13 PM

Star Member dixiegrrrrl (31,413 posts)

4. "It's his least attractive characteristic."

Hmm..dunno.
IMHO, asserting the right to kill Americans without arrest or trial or even charges, is pretty unattractive.
Right up there with droning civilians of other countries with whom we are not even at war.

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Response to dixiegrrrrl (Reply #4)

Wed Sep 5, 2012, 05:16 PM

DeSwiss (17,459 posts)

5. +1000

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Response to dixiegrrrrl (Reply #4)

Wed Sep 5, 2012, 06:07 PM

Star Member pscot (14,148 posts)

13. I was thinking in terms of domestic issues

But you can definitely broaden the discussion.

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Response to AntiFascist (Original post)

Wed Sep 5, 2012, 05:24 PM

DeSwiss (17,459 posts)

6. I'd like for these geniuses......

...to show me where in the Constitution it says that they can charge a foreign national with breaking a U.S. law.

- Oh. That's right. A Rogue State doesn't have to have anybody's permission to do shit, do they???

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Response to DeSwiss (Reply #6)

Wed Sep 5, 2012, 05:38 PM

Star Member AntiFascist (10,799 posts)

9. I posted yesterday...

In November 2010, a former CIA general counsel justified prosecution under the Espionage Act based on the fact that Assange was given notice by the State department not to release the secret cables.

http://www.washingtonpost.com/wp-dyn/content/article/2010/11/29/AR2010112905973.html

Under the Espionage Act, anyone who has "unauthorized possession to information relating to the national defense" and has reason to believe it could harm the United States may be prosecuted if he publishes it or "willfully" retains it when the government has demanded its return, Smith said.

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Response to AntiFascist (Reply #9)

Wed Sep 5, 2012, 05:57 PM

DeSwiss (17,459 posts)

11. Well, I'd prefer to get my Constitutional opinions.....

...from someone who doesn't also work for the same agency that approved and carried-out torture. As I recall, there's a law against that too last I checked.

- And once again, neither Julian Assange, Mobutu Sese Seko or anyone else who isn't an American can be held responsible nor accountable under US laws. This is just more of the U.S. being it's natural self: BULLY

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Response to AntiFascist (Reply #9)

Wed Sep 5, 2012, 11:25 PM

Swagman (1,697 posts)

31. which means all those journalist and newspapers editors are no different to Assange

including the NYT, Guardian etc etc and just about every News Corp newspaper and probably FOX NEWS !!!

..as they all repeated the information.

Assange may well be charged and tried and found innocent yet spend years in jail like Bradley Manning.

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Response to AntiFascist (Original post)

Wed Sep 5, 2012, 05:24 PM

Star Member xchrom (91,581 posts)

7. did any one honestly think the U.S. -- in spite of our obvious corruption -- isn't vengeful?

that in some demented way -- we wouldn't try to defend our stupidity, corrupt hegemony, our hypocrisy re: 'defending' the constitution?

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Response to AntiFascist (Original post)

Wed Sep 5, 2012, 05:35 PM

Star Member NeoConsSuck (2,306 posts)

8. It is stuff like this...

that makes me think: Yes, I am a citizen of the USA. By birth, not by choice.

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Response to AntiFascist (Original post)

Wed Sep 5, 2012, 05:53 PM

McCamy Taylor (13,711 posts)

10. How can they charge a foreign journalist? They are not HIS national secrets.

Last edited Wed Sep 5, 2012, 05:54 PM USA/ET - Edit history (1)

Where the hell is Australia in this? Looking for the spine they misplaced?

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Response to McCamy Taylor (Reply #10)

Wed Sep 5, 2012, 06:03 PM

Star Member AntiFascist (10,799 posts)

12. Australia's US embassy...

has apparently been passing intelligence to US investigators:

http://www.smh.com.au/opinion/political-news/australias-secret-assange-files-20120818-24f9c.html#ixzz24IyqoI00

Julian Assange continues to be the subject of Australian intelligence reports more than a year after the WikiLeaks website published thousands of leaked US military and diplomatic documents.

In a recent freedom of information decision, the Department of Foreign Affairs and Trade confirmed to Fairfax Media the existence of at least two intelligence reports concerning WikiLeaks and Mr Assange from Australia's embassy to the US in February and March this year

...

But, as the Herald revealed yesterday, Australia's Washington embassy reported in February that "the US investigation into possible criminal conduct by Mr Assange has been ongoing for more than a year". A spokesman for Senator Carr acknowledged yesterday that WikiLeaks could be linked to that investigation but insisted that did not mean the US was intent on extraditing Mr Assange.

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Response to AntiFascist (Original post)

Wed Sep 5, 2012, 06:13 PM

Star Member rhett o rick (27,743 posts)

14. The Third Way among us are probably celebrating. nm

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Response to rhett o rick (Reply #14)

Wed Sep 5, 2012, 10:39 PM

U4ikLefty (2,908 posts)

27. b-b-but they only want him to answer questions.

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Response to U4ikLefty (Reply #27)

Wed Sep 5, 2012, 11:17 PM

Star Member rhett o rick (27,743 posts)

30. They, like Republicans, dont like whistle-blowers. It upsets their world. nm

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Response to AntiFascist (Original post)

Wed Sep 5, 2012, 09:47 PM

hack89 (21,522 posts)

18. Putting Assange on trial is a no win situation for the President.

If convicted, you create a martyr - if acquitted you embellish his reputation. And I see acquittal much more likely than conviction - it is hard to see how he broke any US laws.

I can't see how extraditing Assange and putting him on trial benefits America. If you assume that Wikileaks is a movement and not just a person, then punishing Assange does nothing to stop Wikileaks - there will always be people capable of stepping into this shoes. If Wikileaks the movement is deemed the real threat then perhaps ignoring Assange and doing something else in the shadows is the better course of action.

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Response to hack89 (Reply #18)

Wed Sep 5, 2012, 09:54 PM

HooptieWagon (6,589 posts)

19. Which is why he'll be renditioned and held indefinately.

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Response to HooptieWagon (Reply #19)

Wed Sep 5, 2012, 10:05 PM

hack89 (21,522 posts)

22. So tell me what has changed over the past two years.

Assange has been under British house arrest for two years. He was in a British jail cell for a while. Why hasn't he been renditioned yet - it would be a lot easier from Britain then from Sweden.

This is the one argument that makes no sense - that the US is willing to break international law to get their hands on Assange yet were not willing to do it for two years. What has changed?

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Response to hack89 (Reply #22)

Wed Sep 5, 2012, 10:19 PM

HooptieWagon (6,589 posts)

25. UK won't participate with rendition.

Or at least they've refused to so far. OTOH, Sweden has a history of cooperation with the US in renditions and tortures. So, all the US needs to do is find some pretext to get Assange to Sweden.

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Response to HooptieWagon (Reply #25)

Thu Sep 6, 2012, 06:58 AM

hack89 (21,522 posts)

37. Uncovered: Britain's secret rendition programme

Until now, this country has been guilty only by association in the illegal transfer of prisoners. But the covert rendition of a Moroccan man by MI5 agents suggests that the practice was central to Britain's 'war on terror'


http://www.independent.co.uk/news/uk/home-news/uncovered-britains-secret-rendition-programme-2033450.html

Try again.

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Response to hack89 (Reply #37)

Thu Sep 6, 2012, 12:18 PM

HooptieWagon (6,589 posts)

38. They can hardly rendition Assange in secret.

And your link doesn't work for me. Try again.

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Response to HooptieWagon (Reply #38)

Thu Sep 6, 2012, 01:16 PM

hack89 (21,522 posts)

40. So one Swedish rendition case eleven years ago trumps everything else?

ok.

The link works just fine. I suggest you google the subject line - it is the actual headline.

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Response to hack89 (Reply #18)

Wed Sep 5, 2012, 09:57 PM

Star Member AntiFascist (10,799 posts)

20. Bradley Manning could also be viewed as a martyr, if not moreso...

and they have no problem making an example out of him, including borderline torture.

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Response to AntiFascist (Reply #20)

Wed Sep 5, 2012, 10:01 PM

hack89 (21,522 posts)

21. But that makes more sense if you want to deter others from giving secrets to Wikileaks.

After Assange hung Manning out to dry and following a trial that puts Manning away for a long time, people are going to think long and hard before cooperating with Wikileaks. Perhaps now they will actually use the whistleblower law.

Putting Assange away will not stop Wikileaks - it is closing the barn door well after the horses are gone.

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Response to hack89 (Reply #21)

Wed Sep 5, 2012, 10:15 PM

Star Member AntiFascist (10,799 posts)

23. Honestly...

I don't think that Obama himself is that interested in prosecuting Assange, but there are other Democrats with the highest level of security clearance who are, including: VP Biden, Sen. Feinstein and Sec. of State Clinton. Since the average American does not have access to such intelligence, we may never fully know what is behind the desire to go after Assange.

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Response to AntiFascist (Reply #23)

Wed Sep 5, 2012, 10:17 PM

hack89 (21,522 posts)

24. I am assuming that President Obama is in charge. I think it is a reasonable assumption. nt

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Response to hack89 (Reply #24)

Wed Sep 5, 2012, 10:25 PM

Star Member AntiFascist (10,799 posts)

26. Of course, but he also has to respect the DOJ...

and since this is also part of a military investigation, he might have to respect any military proceedings that may have occured in secret. VP Biden is also an important part of administration decision-making, due to his background. Obama rarely makes decisions in a vacuum.

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Response to AntiFascist (Reply #26)

Thu Sep 6, 2012, 12:21 PM

HooptieWagon (6,589 posts)

39. He only has to respect DoJ if he extradites legally.

And intends to try him in civilian court. If Assange is renditioned and sent to Gitmo and a military tribunal, then the rules are made up as they go along.

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Response to AntiFascist (Original post)

Wed Sep 5, 2012, 10:43 PM

pnwmom (43,740 posts)

28. This is Assange's lawyer saying something he hopes will help Assange.

Last edited Wed Sep 5, 2012, 10:55 PM USA/ET - Edit history (1)

He doesn't have any proof of this; it's just speculation.

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Response to pnwmom (Reply #28)

Wed Sep 5, 2012, 11:06 PM

Star Member AntiFascist (10,799 posts)

29. Please see Post #12...


and there's also this statement from P. J. Crowley:

Nuland's predecessor, P.J. Crowley, said that by taking refuge in Ecuador's embassy and demanding that the United States "renounce its witch-hunt" against WikiLeaks, Assange made it more difficult for Washington to abandon what officials acknowledge is a continuing U.S. probe of Assange and WikiLeaks.


So these reports, taken together with earlier statements by Eric Holder, provide ample evidence that the US was building a case against Assange.

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Response to AntiFascist (Reply #29)

Wed Sep 5, 2012, 11:43 PM

pnwmom (43,740 posts)

32. Read your own quote. It would be to Obama's advantage to just let this matter drop

because there isn't good law to support such a prosecution, but Assange himself is making this more difficult by his continual anti-American posturing -- so the U.S. can't just quietly drop the case.

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Response to pnwmom (Reply #32)

Thu Sep 6, 2012, 01:32 AM

Star Member AntiFascist (10,799 posts)

35. We don't know if the US (courts) are ready to quietly drop the case...

in fact there may even be a sealed indictment which, according to the rules cited by S4P below, must be kept secret until the defendant is in custody. The Washington Post article made it clear that Holder was attempting to prepare a case. The Administration claims that the likelihood of prosecution is decreasing as time goes on, but that doesn't mean that if an opportunity presents itself that they won't act on it.

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Response to AntiFascist (Reply #35)

Thu Sep 6, 2012, 02:39 AM

pnwmom (43,740 posts)

36. But we do know that the lawyer's statements

Last edited Thu Sep 6, 2012, 02:54 AM USA/ET - Edit history (1)

have the effect of making it more difficult for the Obama administration to just let the matter go.

And that seems dumb. Even if Assange's attorney really thought this prosecution was ongoing, there would be no advantage to making these statements. Holder, if he were still actively involved in this case, wouldn't back off because of perceived pressure from this lawyer. But because of these statements, Holder has to be careful now not to appear to be backing down under pressure.

So I think the only logical reason the lawyer's doing this is that it serves as an excuse for why he isn't willing to go to Sweden to face possible charges of rape.

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Response to AntiFascist (Reply #29)

Wed Sep 5, 2012, 11:54 PM

Star Member struggle4progress (71,982 posts)

33. Viewpoint: A risky Ecuador-Assange alliance (PJ Crowley | BBC | 24 August)

24 August 2012 Last updated at 21:54 ET

... the emergency OAS meeting provided an irresistible opportunity for Ecuador to tweak Britain over perceived diplomatic threats that may or may not have been made and the United States over an extradition of Mr Assange that may but probably will never occur. A number of hemispheric neighbours were happy to pile on.

But this faux row involves a healthy dose of hypocrisy ...

It is impossible to distinguish Mr Assange's actions from those of the mainstream media, including venerable outlets like The New York Times. The Obama administration undoubtedly recognises that prospective global reputational risk which is why it has concentrated on the prosecution of the alleged sender, Private First Class Bradley Manning, rather than the receivers ...

Inevitably, Ecuador will seek to resolve the Assange matter. He will certainly wear out his welcome in Knightsbridge. But the country's public grandstanding will make a quick resolution very difficult ...

http://www.bbc.co.uk/news/world-us-canada-19373707

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Response to AntiFascist (Original post)

Thu Sep 6, 2012, 12:41 AM

Star Member struggle4progress (71,982 posts)

34. Garzon is either show-boating or ignorant as hell: federal grand jury rules prevent an answer

http://www.law.cornell.edu/rules/frcrmp/rule_6

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Response to AntiFascist (Original post)

Thu Sep 6, 2012, 06:15 PM

bobthedrummer (23,247 posts)

41. K&R#24 n/t

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