Assange in Court
craigmurray.org.uk
craigmurray.org.uk
If an American journalist in UK is publishing Chinese military secrets, he will not be extradited to China.
If an Australian journalist in UK is publishing American military secrets, will he be extradited to America?
This is the question now...
And so that also is a factor.
https://en.wikipedia.org/wiki/Pentagon_Papers
And all extraditions have a degree of politicisation about them so it wouldn't be at all abnormal here.
The Australian Journalist should not be concerned about precedent set in a US court against a US citizen.
Don't kill the messenger.
Those sort of subtleties are important when you're going to be arguing in front of a judge.
No, it's the "just a blogger" thing - if you only publish on the internet and not in print then your journalistic credentials will always be slightly suspect.
(source: I ran a newspaper, and while 90% of our readers read our stories on our website or FB page, according to our market research the fact that we printed actual paper gave us way more credibility with our audience than competitors who just published on the internet)
They would never publish classified material without clearing it first with the UK government. And at minimum carefully redacting information that would put people in harm's way.
What odds might be put on them actual being uncivilised boors who'll publish anything that gets eyeballs?
More likely they wouldn't publish raw classified information because it is dry and boring.
It's not true that you have to limit harm to the government's taste in order to be considered a journalist, and it's not true that Assange did not try to limit harm either.
> Those sort of subtleties are important when you're going to be arguing in front of a judge.
Not in front of this judge. If there's one thing the case against Assange hasn't been, it's subtle!
However, I’m sure the judge will be influenced by her estimate of how likely Assange’s defense is to win their case.
The UK at least is a common law country with historical connections to the US and a common language. I would expect a UK judge to do a better job of applying US law than a judge from a civil law country.
Yes, the inconvenience of being extradited and spending time in jail should mean something, but in practice the courts don’t give that a lot of weight. They just say they’ve balanced the relevant factors and made a decision.
That's absolutely correct as the UK doesn't have an extradition treaty with China.
[1] https://www.reuters.com/article/us-britain-usa-crash-parents...
It’s definitely an interesting situation.
Additionally, the RAF base her husband was stationed at is legally considered an annex of the US Embassy in London, so arguably she did have diplomatic immunity at that point in time.
She has since returned to the US which means diplomatic immunity no longer applies to her, but as far as I can see, she was covered by immunity at the time of the incident.
https://grberridge.diplomacy.edu/the-sacoolas-affair-diploma...
I also retract my assertion regarding the annexation of the base — I can't see that it has any legal basis to it other than a political exercise by the Government.
“[The American Service Members Protection Act] authorizes the U.S. president to use ‘all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.’ This authorization has led the act to be nicknamed the ‘Hague Invasion Act.’”
But it doesn’t apply to all Americans. Technically, it only applies to Americans connected to the military, although I would expect similar efforts to apply for several other important people.
I'd like to call out the popular and prolific users of hacker news who previously were all about Sweden, sex and election interference and who are very silent now.
What do you mean? Obviously it was always about US military secrets... our point was simply, that sex/Sweden were a distraction, a ploy to keep him until they could build a case (or, as it happened, until they managed to install a more favorable government in Ecuador).
How could the US extradite Assange for a crime committed in Sweden ?
And why would they extradite for election interference when Barr would just shut it down ?
This is why people were skeptical of the Sweden charges. It was commonly believed that the point of those charges (whether they were true or not) was to get Assange to Sweden, at which point Sweden could roll over, do the US's bidding and extradite him to the US.
Which was always ridiculous, as it was based on the idea that Sweden would be more willing to extradite than the UK, a ridiculous notion.
It is a notion that can be very reasonably entertained; especially since there are a very limited number of Swedish lawyers on HN who can interpret the extradition treaty. Sweden could easily fold like an origami under US pressure regardless of the law too.
[0] https://en.wikipedia.org/wiki/Extraordinary_rendition#Sweden
For a lot of stuff the US applies "global jurisdiction" as soon as anything in the US is being touched, which is also the base for the Kim Dotcom / Megaupload extradition case.
It's perfectly possible for the US to be overreaching in its "national security" prosecutions and also for Assange to have sexually assaulted someone in Sweden.
"The clock ran out" only on some of the crimes he was accused of. Sweden simply dropped the case (i.e. decided not to proceed with extradition request) after he got out of the embassy.
https://en.wikipedia.org/wiki/Julian_Assange#Swedish_sexual_...
> the questioning pertained only to the open investigation of "lesser degree rape", whose statute of limitations is due to expire in 2020
> Following Assange's 2019 arrest, the case was reopened under prosecutor Eva-Marie Persson. In September 2019, she revealed that she had interviewed seven witnesses, two of whom had not been previously heard, but had yet to determine how to proceed in the case.
Or do you have reason to think that pjc50 is deliberately lying?
In 2017, having finally questioned Assange after refusing to do so for more than six years, the Swedish authorities dropped the investigation altogether. Both the accusers and the accused were denied any chance of justice through the incomprehensible delaying tactics of the prosecutors in both countries.
https://www.crikey.com.au/2018/07/25/wikileaks-political-ror... Author: https://en.wikipedia.org/wiki/Scott_Ludlam
As I have said before, the very fact that the USA is having essentially zero difficulty with extraditing him from the UK even thought the rape case preceded the USA case and is ongoing and is nearly facing the statute of limitations demonstrates that his claim “going to Sweden will cause me to be face the death penalty in the USA” is bogus — the USA neither needed nor benefited from him being in Sweden.
If anything, I am as angry with the USA for preventing him from facing his rape accusers in trial in Sweden as for interfering with anti-warcrime whistleblowing (journalism or not) by going after him like this.
[1] I neither know nor care if he was technically in the embassy at the time as they had just kicked him out anyway.
Doesn't matter; what matters is what Assange thought would happen. He clearly thought that if he left the Embassy he would be promptly sent to the US.
And lo and behold, it is shaping up that he was right. Did he know the exact legal mechanisms that would be employed - apparently not. But his overall read of the situation has been vindicated.
His attempt to avoid that was basically 10 years of self-imposed jail in Ecuador's embassy and his health gave out.
His decisions make sense if he thought he was at risk of being black-holed in America. They don't make sense if he thought he was only up for what Sweden is accusing him of. The Swedes are going to be charging with relatively minor non-violent crimes like otherwise-consensual sex without a condom.
Or maybe this is too optimistic. Maybe our grandsons will indeed understand us. They will understand us too well, and be ashamed of us.
Did you not read the article? The convoluted legal language and system are used to explain away the reality that there are no rules really.
If you mess with powerful interests you are in trouble. No legislation or rights or specifics make the slightest difference at all. It's uncomfortable, but that's reality.
Its perverse
This story, if the end of it is as it seems, it will mark a shift in the perceived ideals of the "free world".
And that is a sad indictment on the path the 'victors' of WWII have followed.
(Edited to add: if the account given in the article is relatively accurate)
Can we just stop with this? Bringing this up distracts from the issue at hand, which has nothing to do with China or 'The West's' opinions of it. Regardless, is it not quite clear at this point that the issue is the elite of the world and not one specific nation?
China are just the Eastasia of the moment, which is why that example was chosen.
Yes, the 'elite' of the world are a problem, if not THE problem. I'm trying to point out that the soft-power that 'The West' had, as a point of difference, as a rallying cry for the moral high-ground, is rapidly disappearing, and the lines separating Oceania, Eurasia and Eastasia are blurry at best and non-existent at worst.
I've said before, there are no good guys in the world of major political powers. It's sad, but it appears to be fairly plain fact, and potentially a human inevitability.
That's the issue at hand. The treatment of Assange is a symptom of it.
Is there any coverage of this in the mainstream press? Any verification of any of the content of this article? Anything?
Or are we getting all riled up because one person wrote an article with the intent of riling people up?
As I said, I don't know. I would welcome other sources.
Comparing western democracy to Venezuela is facetious at best, but I agree it's a sham. Just for entirely different reasons. If people really cared about this issue, then western democracy still has checks and balances for the people to make change.
The problem is Assange has long become a boring item in the news cycle, and we as a people in that democracy just don't care enough anymore.
The narrative of him being a rapist, and letting it simmer for enough years, was very effective.
Accusations that Assange is actively being not just harassed but outright tortured to the point where he "might not survive the proceedings" in jail...
... to claims that "members of the US Government" were there and "controlling procedures"
and claims that the judge had been instructed what to say:
> possibly she had not properly memorised what Lewis had been instructing her to agree with
Apropos of anything else:
> Baraitser took her cue from Lewis and stated categorically that the date for the extradition hearing, 25 February, could not be changed.
> Lewis received his American instructions and agreed that the defence might have two months to prepare their evidence (they had said they needed an absolute minimum of three) but the February hearing date may not be moved.
As far as I can tell the hearing date is over four months away.
These are all very large claims and should be considered within the spectrum of someone who is as equally friendly towards Assange as he claims the state is against him.
+
>considered within the spectrum
What is your purpose here? To defend the actions of the UK court, which is clearly being corrupted by following direction from US agents?
Or to open the door for the, very definite Assange-haters, to have a way around the argument that Assange is not getting a fair trial, that this case is a total farce, and that anyone who stands up to the military-industrial-pharmaceutical complex is 'an enemy of the West'?
Very article linked in the original post talks about concerns for Assange's health, saying he has been in the medical ward in jail.
Yet apparently it's not at all possible that he is on medications to help with his mental state (which would explain - though in this case note that I would entirely agree that the use of such medication would interfere with his "ability to understand" - his demeanor as being 'flat' and 'slow' and 'confused'), and instead apparently a foregone conclusion to assume that he is being physically and mentally subjected to "extreme torture".
> anyone who stands up to the military-industrial-pharmaceutical complex is 'an enemy of the West'?
Please. You'd be very much mistaken to think I have -any- sympathy for the "military-industrial-pharmaceutical complex", as even a cursory reading of my comments on issues of health insurance in the US, or military interventions would show.
Believe it or not, it is possible to think that Assange has committed multiple crimes for less than noble reasons in amongst the good he has done, without being an agent for the state, deep or otherwise.
But in the meantime: medicated into oblivion so he can't adequately defend himself.
"Concern for his mental health" is just an excuse for "medically lobotomized".
And for that to hold, you have to let him be tried. Justice isn't automatic.
But people (maybe not you) seem far too quick to start muddying up the due process. It seems that if he is found guilty, nobody will accept that.
From here, it seems perfectly plausible that he actively helped Manning leak. If the US have evidence to that end, they have a case. Can we just let that case be heard and stop assuming that every actor here is a Bond villain?
It depends what they find him guilty of and what the sentence is. It is unacceptable to have someone on trial for openly telling the truth about what a foreign country is doing.
He went into the Ecuadorian embassy saying that the Swedish case against him was basically trumped up and that he was going to be extradited to the United States. His justification for staying in the embassy on the basis that he would be extradited to the US if he walked out. His excuses were dismissed by critics as unconvincing. He is now out of the embassy and, surprisingly, appears to be going through an extradition process to the US.
The US is reaching out and nabbing him on the flimsiest of pretexts; more a process crime than doing anything material. Australians in Europe cannot be reasonably held subject to US laws related to classified documents. And how materially he helped Manning is a very open question. Maybe the US government is going to have something convincing but the odds are great it is some word game that they are going to try and nail him with.
> Can we just let that case be heard and stop assuming that every actor here is a Bond villain?
If the US government is going to treat Assange the way they treat other non-US-citizens they don't like then by the time the case is heard it will be too late.
Allegedly actively assisting a US military member to a) crack other military passwords, and b) work with them on covering said attempts is a mere "flimsy pretext, [not] material"?
From memory he didn't even succeed on the password front. The 'crime' here is an incidental non-issue compared to why the US has been hounding him.
Wait, elsewhere, and repeatedly, it's been noted just how intelligent Assange is, and (hence) how out of character the disheveled, slow person who appeared in court is. And I have zero doubt - he has repeatedly showed in interviews that for whatever potential personality flaws he may have, or personal opinion of him, he is, indeed, very well educated, intelligent, and smart.
So this? Fails the smell test. Fails the reasonable person test.
Someone as intelligent that - you believe it is "doubt[ful]" that he would be aware that aiding an active US military personnel in cracking passwords for accounts on classified systems, and encouraging them to use/try other credentials for covering tracks on the access of classified documents and their removal from external systems... it's doubtful that he would realize that that was possibly going to be viewed as a serious crime by the US?
I don't buy _that_ for a moment - throughout those chat logs there is multiple references to covering tracks, to covering bases on how to act, react, what to say or do when questioned, etc. - that is not someone who is blissfully unaware of the crime which they are (allegedly) committing, or aiding and abetting.
I doubt very much that the 'rational approach' of giving oneself up to the very people whose crimes you've been revealing is going to be a productive way to continue the effort of revealing crimes against humanity.
We have? Where?
Lets come back to this in a few months when there will be evidence of Assanges' torture by the UK on behalf of its masters in the USA, presented to the relevant authorities.
Remember this: Medicating people with psychotropic drugs designed to radically alter their minds, against their will, is a crime against humanity.
Maybe Big G's in on it too.
https://classconscious.org/2019/06/29/protest-at-twitter-hq-...
There is a media block (the UK can do that quite simply) on any reporting about Assange's health and conditions in Bellmarsh:
https://www.opednews.com/articles/Media-Block-on-Assange-s-T...
There is a definite campaign to torture/brainwash Assange while he is in Bellmarsh, as discovered by a UN investigator:
The rest is unsubstantiated conspiracy theory.
All you have to do, is pay attention. Julian even predicted it would happen to him personally and warned us.
Look at the David Shayler case, for example. He was in the Bellmarsh brainwashing pipeline before Assange, and the same thing is happening to Julian.
All I've seen is a man dodging the law, over and over and over again, exploiting means and influence that most people could only dream of, while those friends point out the toll this self-inflicted purgatory is having on him as another form of "this isn't fair!" excuse.
It's all tosh. Negotiate your extradition, get to court, get this sorted. The time he takes to get there is all on him.
There probably weren't any CIA plants involved and the US is unlikely to execute him.
> in this case note that I would entirely agree that the use of such medication would interfere with his "ability to understand"
They wouldn't need to medicate him so that he can't defend himself.
This was a case management hearing. He wasn't ever going to get an opportunity to defend himself as that's not what it's for. He's not even required to attend.
As I've been saying constantly, what you can believe is more important than who you can believe (Murray has big problems with this himself, unfortunately). That Assange is being abused is one of the facts you have to concede if you've looked at the case at all - even if you distrust all involved parties.
Clearly corrupted if the article is accurate. FireBeyond questioned the accuracy. You assume the accuracy of the article, and question FireBeyond's motives. But the question still stands: Is the article accurate? Can you provide any confirmation that it is? Are there any independent accounts of the hearing? (I don't regard the article as an independent account; the author stated that he is a close friend of Assange.)
If you have reason to think the article is correct, I will listen. If not, though, then FireBeyond's comment is very relevant, and your response is totally beside the point.
If you want an independent view of Assange's mental health and wellbeing, you're going to have to wait. He is being held in Bellmarsh so that nobody can actually verify anything - not even his lawyers, and that IS THE POINT ENTIRELY - thus giving the CIA and its UK lackeys every opportunity to have their way with Assange, without anyone knowing anything until its well and truly, too late.
If you want 'independent verification' before you're willing to believe the state would do this to its enemies, maybe you should look at the long history of other enemies of the state being chemically lobotimized once they are held in secret conditions under the control of agents of the very military-industrial complex institutions whose crimes against humanity are being revealed.
BY DESIGN: there is no public oversight and there won't be until they have finished their lobotomy operation.
This is a serious situation which requires citizens such as yourself to have the courage to confront the details: the West has been torturing and disappearing its dissidents for decades. Go find out for yourself how bad it is.
What I wanted was an independent account of the hearing. I know Assange is locked up and isn't able to give interviews. But his friend was able to attend the hearing, so reporters should have been able to, also. Where are their reports?
And, in particular, the US is requesting extradition, so of course US agents are in court requesting stuff from the judge. I'd like to hear from an unbiased reporter whether what happened at the hearing was normal, or whether it really was US agents improperly controlling the court.
As I said, this article is so clearly biased that I cannot accept its judgment on this question. Where are the mainstream news accounts?
> If you want 'independent verification' before you're willing to believe the state would do this to its enemies, maybe you should look at the long history of other enemies of the state being chemically lobotimized once they are held in secret conditions under the control of agents of the very military-industrial complex institutions whose crimes against humanity are being revealed.
You're making the claim. Cite some sources (preferably creditable ones).
Indeed, the silence is deafening. Why do you think nobody else in Western media would be reporting on their observations of Assange during this hearing?
The reason is, this whole legal process is a farce. Assange has been chemically lobotomized, and will not get a fair trial - because he is now in the hands of the very people whose crimes against humanity he was dedicated to exposing.
Nevertheless, there will be more leaks, and there will be more actions taken against warmongers and criminals who think they are invincible. There is a big package of justice coming their way...
Outside of a few friends, I doubt most people I know know that this is 1) going on and 2) who Assange even is.
Mainstream American journalists have been bending over backwards doing exactly that with regard to the US indictment, even when it requires rather unusual characterization of what journalism normally entails to make the case.
They haven't been focussed on the extradition because they don't view the extradition as the problem, but the indictment.
Kids who were 8 years old at the time can vote now.
It makes you wonder what the world would have looked like, had Wikileaks not been shattered.
It's not just Assange. Arjen Kamphuis disappeared without a trace on a trip in Norway. Ola Bini is jail in Ecuador. Aaron Swartz and James Dolan, who worked on SecureDrop and probably on Wikileaks' own submission system, both committed suicide.
State propaganda ops from all sides rushed in to fill the void after Wikileaks was crippled.
A lot of people have heard about Wikileaks and Assange, but that doesn't mean that people care or read the news.
In this case, most of the evidence is presumably in the United States so it doesn't make sense for the trial to happen in the United Kingdom, assuming the United Kingdom has the relevant offence too (I haven't looked it up, but I presume it would be breaching the Official Secrets Act or something along those lines).
Obviously, it is more persuasive to have a British national tried at home (especially with comparative legal systems, e.g. the offence exists in both countries) rather than a foreign judicial system. The same cannot be said for a foreign national, especially if the foreign prosecuting authority will have a much stronger case built up than a domestic prosecuting authority could achieve.
Constant broadcasts of real court sessions seems to be a mostly American thing.
Courts may choose to televise their own proceedings (for example, the Supreme Court in the UK televises its hearings) but they are not obliged to. This happens under S32 of the Crime and Courts Act 2013.
The hearing was public (most court hearings are public): you could go and sit in the public gallery if you so wished (space permitting), but you are not allowed to film or record the proceedings without the permission of the court.
I thought England self-styled itself a "democracy", but it looks like putting together kangaroo courts is ridiculously easy over there.
Magistrates in this scenario (dealing with extradition matters) sit alone so yes, it is theoretically possible to have a "kangaroo court" at first instance, however if the judge was unreasonable or erred in law or fact, it would be swiftly corrected by the High Court (Queen's Bench Division - Criminal) or the Supreme Court by way of appeal.
These two courts sit as a panel. The High Court typically has three judges on the bench, while the Supreme Court has 11. It is theoretically easy to influence a single judge; it is much harder to inappropriately influence three or 11 to get a majority verdict in your favour.
There are no suggestions that the judge here was improperly influenced and if they were, they would be subject to disciplinary proceedings by the Office for Judicial Conduct. It goes without saying that the case would also be ruled a mistrial and another judge would handle it all over again.
As a future British lawyer, I don't see what filming the proceedings would bring to the judicial system in terms of legitimacy.
Court transcripts are publicly available, anyone can come to the hearings (unless it's a closed session which is rare) and report on the events. Justice is seen to be done, and filming appears largely inappropriate for the vast majority of cases proceeding through the judicial system in my opinion.
Public reading group of the wikileaks documents, anyone?
> "Therefore I have given your lawyer an opportunity to make an application for bail on your behalf and she has declined to do so. Perhaps not surprisingly in light of your history of absconding in these proceedings.
Edit: In response to your edit, he is being held for trial, and is a huge flight risk. 𝚈̶𝚘̶𝚞̶ ̶𝚠̶𝚘̶𝚞̶𝚕̶𝚍̶ ̶𝚗̶𝚎̶𝚎̶𝚍̶ ̶𝚝̶𝚘̶ ̶𝚌̶𝚑̶𝚎̶𝚌̶𝚔̶ ̶𝚒̶𝚏̶ ̶𝚝̶𝚑̶𝚎̶𝚛̶𝚎̶ ̶𝚑̶𝚎̶ ̶𝚒̶𝚜̶ ̶𝚌̶𝚘̶𝚟̶𝚎̶𝚛̶𝚎̶𝚍̶ ̶𝚋̶𝚢̶ ̶𝚊̶ ̶𝚋̶𝚊̶𝚒̶𝚕̶ ̶𝚜̶𝚌̶𝚑̶𝚎̶𝚍̶𝚞̶𝚕̶𝚎̶,̶ ̶𝚘̶𝚝̶𝚑̶𝚎̶𝚛̶𝚠̶𝚒̶𝚜̶𝚎̶ ̶𝚝̶𝚑̶𝚎̶ ̶𝚄̶𝚂̶ ̶𝙲̶𝚘̶𝚗̶𝚜̶𝚝̶𝚒̶𝚝̶𝚞̶𝚝̶𝚒̶𝚘̶𝚗̶ ̶𝚜̶𝚊̶𝚢̶𝚜̶ ̶"̶𝙴̶𝚡̶𝚌̶𝚎̶𝚜̶𝚜̶𝚒̶𝚟̶𝚎̶ ̶𝚋̶𝚊̶𝚒̶𝚕̶ ̶𝚜̶𝚑̶𝚊̶𝚕̶𝚕̶ ̶𝚗̶𝚘̶𝚝̶ ̶𝚋̶𝚎̶ ̶𝚛̶𝚎̶𝚚̶𝚞̶𝚒̶𝚛̶𝚎̶𝚍̶"̶.̶
> I would be greatly ashamed if we imprison someone for more than a couple of days without any sentence/verdict/ruling/etc.
How long do you think trials last?
Point of information: he is being held in the UK and therefore what the US constitution says is irrelevant. He will be covered by the Bail Act. https://www.legislation.gov.uk/ukpga/1976/63
However, if there is still the smallest chance that the ruling could be in his favor, by escaping or trying to do so he would ever more reduce this chance...
That's .. how it normally works? With the exception that people not likely to abscond or commit further crimes are normally released on bail.
Roughly 10% of the UK prison population is people being held on remand like this: https://www.ons.gov.uk/peoplepopulationandcommunity/crimeand...
(The US system is far worse, in that it involves a weird private profit infrastructure of bail bondsmen. And holds a lot more people on remand. See recent article on New York closing Rikers, for example)
> hopefully it's not actual prison we keep suspects in, but a police cell?
The actual prison is significantly more humane and has actual facilities, whereas the cell is just a box.
Edit: Fwiw I support whistleblowers and government transparency and the end to rampant unconstitutional surveillance overreach but I simply couldn't support Assange after finding that he crossed a known ethical line with the inducement and material support. And Chelsea Manning should've never went to jail. Shes the true whistleblower in all of this. And Adrian Lamo and Assange are the ones that made serious yet avoidable mistakes. He simply should've acted as a carrier/news organization but he/they didn't do that. That and the support from Russia and eagerness to influence the election at all costs while maintaining impartiality is laughable. Maybe Assange could've been a force for good if he hadn't taken sides.
Appeals go to the Administrative Court list of the High Court, though, which is potentially a panel of very senior judges indeed.
This is the end of civilized society in the West, people.
Where Julian Assange goes, so go we.
Just something to consider...
But that's not the first thing which came to my mind in reading TFA when the author referenced torture and drugs.
Reading the description of Assange's incoherent ramblings reminded me of a relative who suffered from extreme sleep apnea for over a decade, where he basically would never sleep for more than a few minutes before choking himself awake. He became pretty incoherent and insane, and his machismo pride prevented him from seeking treatment for it.
I don't think I'd be sleeping well in Assange's shoes.