Thu Aug 2, 2012, 09:52 AM

bemildred (67,505 posts)

Julian Assange is right to fear US prosecution

As the drama unfolds over Julian Assange's bid for political asylum in Ecuador, a troubling irony has emerged: the besieged founder of WikiLeaks is seeking refuge in this small Andean nation because he fears persecution from the United States, a nation whose laws famously grant asylum to people in precisely Assange's situation. Indeed, the US has demonstrated its commitment to be a safe haven for those being persecuted for their political beliefs by recognising that journalists punished for expressing political opinions in places like China meet the criteria for asylum under the US's own laws.

The journalistic function and legacy of WikiLeaks cannot be disputed. The site has published 251,287 leaked US diplomatic cables and military documents that revealed the inner workings – warts and all – of US foreign policy. These publications illuminated state-sponsored human rights abuses in Iraq and Afghanistan, exposed a secret war in Yemen, and revealed the Obama administration's interference with independent efforts to prosecute Bush officials for torture and other war crimes.

So why is Assange so concerned? Are his fears of persecution due to his political beliefs and expression reasonable?

US officials scoff at the idea that the Obama administration even seeks Assange's extradition – "It's not something the US cares about, it's not interested in … there's nothing to it," said Jeffrey Bleich, the US ambassador to Australia. This is a remarkable claim given several unambiguous signs that the US is on track to prosecute Assange for his work as a journalist. A grand jury in Alexandria, Virginia, empanelled to investigate violations of the Espionage Act – a statute that by its very nature targets speech – has subpoenaed Twitter feeds regarding Assange and WikiLeaks. An FBI agent, testifying at whistleblower Bradley Manning's trial, said that "founders, owners and managers" of WikiLeaks are being investigated. And then there is Assange's 42,135-page FBI file – a compilation of curious heft if the government is "not interested" in investigating its subject.

http://www.guardian.co.uk/commentisfree/2012/aug/02/julian-assange-right-fear-prosecution?newsfeed=true

13 replies, 1178 views

Reply to this thread

Always highlight: 10 newest replies | Replies posted after I mark a forum

Replies to this discussion thread

13 replies	Author	Time	Post
Julian Assange is right to fear US prosecution (Original post)	bemildred	Aug 2012	OP
The Swedes Have Rather Tipped their Hand, Sir	The Magistrate	Aug 2012	#1
It seems clear that mere "questioning" is not the object.	bemildred	Aug 2012	#2
May I note that its Assange that's been prolonging this far beyond the time it would have required	Bodhi BloodWave	Aug 2012	#6
You may note whatever you like.	bemildred	Aug 2012	#7
because what he is doing currently runs counter to the very thing wikileaks stands for?	Bodhi BloodWave	Aug 2012	#8
I'm pretty sure he decides what Wikileaks stands for.	bemildred	Aug 2012	#11
Or considering he fled the country the day before he were to do a dna sample and be questioned	Bodhi BloodWave	Aug 2012	#5
This Is Not 'His Whim', Sir, It is An Offer From the Ecuadorean Government	The Magistrate	Aug 2012	#9
True....	midnight	Aug 2012	#10
Apt point, sir.	suffragette	Aug 2012	#12
Du rec. Nt	xchrom	Aug 2012	#3
Is he right to fear a govt that would murder its OWN citizens, w/o trial, proof or charges?	kenny blankenship	Aug 2012	#4
"... There was at one stage a suggestion that Mr Assange could be extradited to the USA (possibly to	struggle4progress	Aug 2012	#13

Response to bemildred (Original post)

Thu Aug 2, 2012, 11:08 AM

The Magistrate (80,532 posts)

1. The Swedes Have Rather Tipped their Hand, Sir

By refusing the offer to question Mr. Assange in the Ecuadorean embassy. It is clear they simply want him where he will be accessible to our 'Justice Department'....

Reply to this post

Response to The Magistrate (Reply #1)

Thu Aug 2, 2012, 11:31 AM

bemildred (67,505 posts)

2. It seems clear that mere "questioning" is not the object.

Given the nature of the alleged offense, so far, an unseemly quantity of time and effort has been invested in the case too, which seems very much like a "tell" to me. Whatever this is, it is not about some sexual offense in Sweden.

It's not that I think that Assange is not a MCP, or has no personal flaws, or that I approve of screwing "sleeping" girls, but that does not rise to the level requiring this sort of effort from political and criminal justice systems.

Reply to this post

Response to bemildred (Reply #2)

Fri Aug 3, 2012, 07:44 AM

Bodhi BloodWave (2,058 posts)

6. May I note that its Assange that's been prolonging this far beyond the time it would have required

by doing close to anything he can think up in an effort to try and evade facing the potential consequences for his actions in Sweden.

Reply to this post

Response to Bodhi BloodWave (Reply #6)

Fri Aug 3, 2012, 07:53 AM

bemildred (67,505 posts)

7. You may note whatever you like.

I don't really see why Assange should cooperate with any of these dishonest weasels that are after him.

Reply to this post

Response to bemildred (Reply #7)

Fri Aug 3, 2012, 08:17 AM

Bodhi BloodWave (2,058 posts)

8. because what he is doing currently runs counter to the very thing wikileaks stands for?

You have the Swedish courts, you have Interpol acknowledging the Swedish warrant as legit and you have the UK courts considering the warrant as having enough basis to rule that Assange should be handed over to Sweden.

Are you telling me that everybody in the different courts and in Interpol are dishonest weasels and part of an conspiracy going after Assange?

Reply to this post

Response to Bodhi BloodWave (Reply #8)

Fri Aug 3, 2012, 11:53 AM

bemildred (67,505 posts)

11. I'm pretty sure he decides what Wikileaks stands for.

And yes, the people that are after him are dishonest weasels, and I don't give a rats ass about who they are.

Reply to this post

Response to The Magistrate (Reply #1)

Fri Aug 3, 2012, 07:41 AM

Bodhi BloodWave (2,058 posts)

5. Or considering he fled the country the day before he were to do a dna sample and be questioned

the Swedish government decided it has no real interest in catering to his whims.

Reply to this post

Response to Bodhi BloodWave (Reply #5)

Fri Aug 3, 2012, 11:26 AM

The Magistrate (80,532 posts)

9. This Is Not 'His Whim', Sir, It is An Offer From the Ecuadorean Government

Which in effect holds him in custody. If the answers give to questions indicate criminal culpability, the chances are the Ecuadoreans will turn him over to the London police. It is already in their power to grant him asylum and end the matter. Sweden's refusal to question him under these circumstances is effectively a confession the questions are not the point, getting him to Swedish soil is the point, and there is little doubt that if once in Sweden, he would be turned over the United States.

Reply to this post

Response to The Magistrate (Reply #1)

Fri Aug 3, 2012, 11:27 AM

midnight (23,453 posts)

10. True....

Reply to this post

Response to The Magistrate (Reply #1)

Fri Aug 3, 2012, 02:47 PM

suffragette (7,401 posts)

12. Apt point, sir.

Reply to this post

Response to bemildred (Original post)

Thu Aug 2, 2012, 11:35 AM

xchrom (90,557 posts)

3. Du rec. Nt

Reply to this post

Response to bemildred (Original post)

Thu Aug 2, 2012, 03:57 PM

kenny blankenship (15,080 posts)

4. Is he right to fear a govt that would murder its OWN citizens, w/o trial, proof or charges?

I don't know, it looks like he's really veered off into tin foil hat territory.

Reply to this post

Response to bemildred (Original post)

Fri Aug 3, 2012, 03:24 PM

struggle4progress (71,481 posts)

13. "... There was at one stage a suggestion that Mr Assange could be extradited to the USA (possibly to

Guantanamo Bay or to execution as a traitor). The only live evidence on the point came from the defence witness Mr Alhem who said it couldn’t happen. In the absence of any evidence that Mr Assange risks torture or execution Mr Robertson was right not to pursue this point in closing. It may be worth adding that I do not know if Sweden has an extradition treaty with the United States of America. There has been no evidence regarding this. I would expect that there is such a treaty. If Mr Assange is surrendered to Sweden and a request is made to Sweden for his extradition to the United States of America, then article 28 of the framework decision applies. In such an event the consent of the Secretary of State in this country will be required, in accordance with section 58 of the Extradition Act 2003, before Sweden can order Mr Assange’s extradition to a third State. The Secretary of State is required to give notice to Mr Assange unless it is impracticable to do so. Mr Assange would have the protection of the courts in Sweden and, as the Secretary of State’s decision can be reviewed, he would have the protection of the English courts also. But none of this was argued ..."
City of Westminster Magistrates’ Court (Sitting at Belmarsh Magistrates’ Court)
The judicial authority in Sweden -v- Julian Paul Assange
Findings of facts and reasons

So, in the end, Assange did not argue in UK Courts that he could be extradited to the US from Sweden, but instead one of Assange's own witnesses indicated that the extradition to the US was factually impossible. And, in any case, as the UK Magistrate notes clearly, Assange could simultaneously fight any attempt, to extradite him to the US from Sweden, in both the UK and Swedish courts

Reply to this post

Good Reads (Forum)