Julian Assange Extradition Appeal: Day 2
assangedefense.org
assangedefense.org
Adding insult to injury, publishing leaked military secrets is not even illegal in the U.S. due to the first amendment right to a free press. When the New York Times publishes leaked classified information, there's no trial or extradition. In the U.S., those who will have legitimate access to classified information first sign legally binding agreements not to disseminate it, and those who violate that agreement can be prosecuted.
And in this case, that already happened: Manning served 7 years in jail for leaking the very information that Assange is being extradited over. With the leaker found and prosecuted, convicted, and sentence served, the U.S. Department of Justice should congratulate itself on a job well-done and move on to other things. It's absurd that they continue to pursue the publisher of the information almost a decade later.
Manning was freed early (presidential intervention). This is the USA getting Assange to hold up his end of the deal.
Doesn't seem unreasonable to me... If he didn't want this, he shouldn't have made a deal with the world's largest superpower.
[1]: https://fortune.com/2016/09/16/julian-assange-chelsea-mannin...
There are tons of examples of this. Examples:
- If a US citizen conspires to insider trading with another US citizen on US soil regarding an Australian company, the Australian government will claim jurisdiction through the Corporations Act because it is an Australian security;
- There is a "sex tourism" problem in several South-East Asian countries that involves children. These pedophiles have historically been rarely if ever prosecuted in those countries for various reasons. The Australian government passed a law saying that if you are an Australian citizen and engage in this sort of activity you can be criminally charged in Australia.
> Adding insult to injury, publishing leaked military secrets is not even illegal in the U.S. due to the first amendment right to a free press
It's not as simple as that. Let me give you some escalating hypotheticals:
1. A journalist receives some classified material in the mail and publishes it after vetting it (eg journalists typically won't publish details that will risk the lives of those currently in the field);
2. A journalist meets with a source that has access to classified material and asks for anything concerning, say, Benghazi. These materials have already been obtained;
3. A journalist looks for and finds such a source;
4. A journalist tells a source what to look for and these materials have not yet been obtained;
5. The journalist provides direction on what to find and leak and provides material aid in that effort. This could include providing hacking tools, contacts, security protocols, etc.
(1) is a journalist. (5) has committed a crime. The line between criminal and journalist is somewhere in between that we debate.
My point is that the first amendment isn't a universal shield. Assange is much closer to (6) than (1) here.
EDIT: corrected list numbering.
[1]: https://inter-american-law-review.law.miami.edu/u-s-constitu...
The Constitutional rights of foreign foreign nationals is complicated [1]. Long story short, the Constitution may not protect them as fully as it does U.S. persons (Americans and foreigners on American soil).
[1] https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?a...
> ... it is not surprising that many members of the general public presume that noncitizens do not deserve the same rights as citizens. But the presumption is wrong in many more respects than it is right. While some distinctions between foreign nationals and citizens are normatively justified and consistent with constitutional and international law, most are not.
Non-citizens don't have a fundamental right to vote, or to enter the country. Non-citizens cannot hold federal office. Non-citizens accused of crimes may be held in jail pending their trial in situations where citizens would be free pending trial. But that's a pretty short list. In fact nearly all fundamental freedoms of the Bill of Rights (speech/press/religion/assembly) and rights to a fair trial apply to citizens and non-citizens alike.
That makes no sense whatsoever to me. Where in the US Constitution is this restriction on the First Amendment?
Mind you, the First Amendment and freedom of speech are related, but not the same, and one can easily argue that freedom of speech is universal, but not the American Constitution.
But, oddly, as not applying fully to acts of the American government taken outside of the borders of the United States, which is why Gitmo is used for sketchy War on Terror detentions, and not any place on sovereign US territory rather than territory notionally leased by the US from a foreign sovereign.
Johnson v Eisentrager (1950) is the landmark case, but its been fleshed out subsequently (and most of those decisions have narrowed the apparent gap in the Constitution it opened up), largely in response to the decision to use Gitmo as a get out of law free card. But the existence of that decision is why Gitmo got used.
And given the split on those decisions limiting Eisentrager, I wouldn't want to see what the current court would do with cases in that area...
The laws of the EU or Russia certainly do apply to Americans in EU or Russia. In fact they apply to anyone within the respective jurisdictions.
And that's the point - to have a chilling effect on the press.
The UK has tortured Assange. This is proven.
The UK has denied urgent medical care to him. Again, proven.
The UK prosecutor has lied in court (to the point the judge yelled at them because it was too obvious). Proven, because it happened in court.
The UK has denied Assange access to a lawyer.
All of these would get the case thrown out, under normal circumstances, in the UK just as well as in the US.
Depends on how powerful the people were that you pissed off, unfortunately.
Like, come on, "denied access to a lawyer"? He is represented by essentially the best extradition barrister in the country...
https://www.sbs.com.au/news/julian-assange-denied-access-to-...
The actually contents of this article is just Assange's own lawyer complaining that it is difficult to meet with a client who is on remand in a high security prison. As far as I can see the phrase "denied access" is not even used. The only actual quote is "obstructed".
This is not what "UK has denied Assange access to a lawyer" means. You are deliberately using the language of more serious issues in order to confuse people.
I am sure you know full well the meaning of "denied access to a lawyer", it is something that people around the world actually experience regularly. This does not apply to someone who has met regularly with his world class defence team.
We are NOT talking here about regulating access to a lawyer because of security issues. That is NOT it. They prevented him from seeing a lawyer at all before the case starts, and before he faced the courtroom. This is explicitly forbidden.
And look the question is very simple. The law, both in the UK and the US, so pick whichever one you like, CLEARLY states that
IF anyone in the government physicially prevents contact between a suspect and a lawyer before trial (which means any individual courtroom hearing), the state LOSES the case AND the suspect goes free for whatever crime he was accused.
And let's not pretend this is the only issue. The state denied medical care to a prisoner. The state locked him up in solitary more than is legally allowed. The state denied medical care again, as a punishment. EACH OF THESE will get the suspect to go free, whatever the crime. And the list goes on.
At this point it's painfully obvious: it does not matter, at all, what Assange has done for the prosecution. And because of what the state did to him, it no longer matters for the defense either. This is no longer what is being discussed.
The case is mostly about whether the state gets to do whatever they want, including things defined in the law as torture (e.g. refusing medical care, refusing medical care as a punishment) in order to get a conviction?
The law's answer to this question is VERY clear: NO THEY DON'T, in fact they (the state) should be punished for trying it in the first place. Frankly the laws state the state should be punished for getting into a situation where they're even suspected of doing so. First by being forced to let the suspect go, and there's punishments on top of that (such as getting the individuals involved barred from government service). The judge refuses to acknowledge this, despite accepting that the state did indeed torture him.
Obviously at this point, the position of anyone is clear: we should be cheering for the defense. Unless you want allpowerfull police just beating up people, locking them up for years, for whatever reason they see fit. And your position on what Assange did, does not really matter.
> "They prevented him from seeing a lawyer at all before the case starts, and before he faced the courtroom"
What do you mean by this? Are you saying that before his first hearing regarding the US extradition, he had not met with his lawyers at all?
Regarding the rest of your comment, it appears that you think there is some kind of IFTTT list of things that somehow "get the suspect to go free, whatever the crime". That's not how it works. You can have a prosecution stayed as an "abuse of process", but there's no single law covering this, just a patchwork of precedent. The definitive legal textbook on this (Abuse of Process in Criminal Proceedings) was actually co-written by one of Assange's lawyers. If this avenue was open to him they surely would have taken it.
No it's not. It's just hard to argue that the details are wrong that way, despite the original article having no shortage of those details.
Unless you would consider setting up a secure drop box under your imaginary (6).
Get informed about the case.
Sure except for attempting to brute force the LM hashes and offer to get Manning a burner phone Assange provided no material aid to Manning at all. [0]
You don't get to vacillate between James Bond and Bob Woodward as it suits you. Assange has no reasonable claims of protection that an actual journalist might.
[0] https://www.documentcloud.org/documents/886185-pe-123.html
The case on Manning is not the only time [0] that Assange played spymaster while hiding behind claims of being a journalist.
[0] https://www.aljazeera.com/news/2020/6/25/julian-assange-cons...
Not GP, but I'm not sure I understand what you mean about "picking a side."
Facts:
Assange published stolen documents;
Chelsea Manning illegally (whether that was moral/right depends on your belief system. Personally, I'm glad she did) appropriated classified government documents. That's a crime;
The US government alleges (note the term 'alleges') that Assange conspired with Manning and assisted her in illegally obtaining the aforementioned documents;
The US Department of Justice (DoJ) sought and received an indictment for the stuff they allege (there's that word again) Assange did.
// End list of facts.
From a personal perspective, I'm glad that much (not all) of this stuff was revealed.
What's more, publishing information that's newsworthy and/or in the public interest is pretty much what journalism is all about.
That said, the circus surrounding all this is mostly of Assange's making.
Even more, unless I'm called to sit on the jury at Assange's trial, I don't really have much else to say about it.
If (and that's a big 'if') the DoJ can prove beyond a reasonable doubt to a jury that Assange violated the Computer Fraud and Abuse Act, then it's likely he'll be sentenced to a maximum of five years in prison.
The other charges (based on the Espionage Act of 1917) against him aren't credible and no journalist has ever been convicted of such charges in the US. As such, it's unlikely in the extreme that Assange will be.
So. Which "side" am I on, in your estimation?
I'd say I'm on the only side that matters -- the side of facts, evidence and the rule of law.
What say you?
The DoJ obviously believes these charges will stick, otherwise it'd be in the administration's best interest to not actually see trial and keep the threat viable.
Prosecutorial overcharging[0] is pretty much de rigueur and happens all the time.
[Citation needed]
Prosecutors are very aware of when they're on the grey side of the law, and when it's clear they're up against a defense that has a chance of clear precedent against them, prosecutors start acting much more conservatively.
> Assange published stolen documents;
Ever heard of the Washington Post, the New York Times, and the Pentagon papers?
There's a few "facts" you might want to get yourself acquainted with.
Yes. And the Washington Post and the New York Times also published stolen documents (in that case, as you stated, the Pentagon Papers).
Assange published stolen documents. So did WaPo and NYT. So what?
I don't see a difference there. Publishing stuff that's newsworthy or in the public interest is journalism.
Clearly I'm missing your point. Do you think that by stating that particular fact, I was taking a swipe at Assange? Or do you not believe that those documents were stolen? Or are you trying to make some other, still opaque to me, point?
Do tell.
>What say you?
I would say that same side had some points a few years ago how all that mattered were the Swedish accusations and it was absurd to think they were just sham accusations to get Assange extradited. I would say that that side's naiveness and wishful thinking is actually harmful to justice as a higher concept.
And what do the facts, evidence and rule of law say about those accusations?
The immoral actions of an unchecked imperialist power are not of Assange's making.
He released them to a group of newspaper publishers to redact and publish, didn't he?
It would be interesting to see him identify his "LM guy" while under oath. Is the act of passing the hash over to a LM cracking expert a criminal act unbecoming of a journalist?
That's a time-stamped conversation. I wonder if the US captured any other comms to/from Assange around that time so they could already guess who the "LM guy" is. Very concerning.
serious question: how do you justify this in your mind?
> you're combining them so you can be outraged.
no, you're going to an ad hominem by trying to point to my supposed emotionality ("outraged").
https://news.ycombinator.com/item?id=29039983
if it's:
> those leaders essentially committed mass-murder from a distance
are you condoning drone strikes? (serious question). i believe people (including elected bourgeois leaders) should be held accountable. the US govt. are accusing Snowden and Assange of being "high-tech terrorists" (Biden [1]), so why cannot i refer to these people as murderers?
> US propertied class
this is merely a fact. the people in power are predominantly those who own property or intellectual property. a lot of people do not own their homes and have to rent, neither do they own IP so they have to work for their money (receive a wage). i am referring to these power structures based on my own beliefs ("be ruthless to systems, be kind to people").
> US propertied class' illegitimate 'war on terror'
at this point i'm pretty sure not many are claiming it is was a legitimate war... are you?
was the flagging because of something else? if yes, please share.
it just feels dishonest to censor stuff you don't personally agree with, especially since it received a bunch of upvotes. a 'don't make it political' stance seems naive to me because of course no system is (or ever can be) neutral, since there always many voices at the table.
i don't think it's fun to write this, i just want to call you out on what i perceive are a few double standards you have. i appreciate the moderation and the space to discuss the role of tech in society, and it just surprises me when things get censored or the host party decides to interfere (especially a comment that isn't downvoted to hell or actively harmful to someone (or misogynistic, racist, homophobic or transphobic)). until we have a more distributed web a la ActivityPub, SSB, DAT, IPFS, holochain etc., we all have to make the most of this centralized tech.
anyways, please could you restore my comment?
[1] https://www.theguardian.com/media/2010/dec/19/assange-high-t...
A comment that begins "wow so you're essentially [doing completely indefensible $thing]" and ends "serious question: how do you justify this in your mind?" is not the kind of discussion we want on HN. It at least broke these guidelines:
"Have curious conversation; don't cross-examine."
"Please respond to the strongest plausible interpretation of what someone says, not a weaker one that's easier to criticize. Assume good faith."
"Eschew flamebait. Avoid unrelated controversies and generic tangents."
It also crosses into personal attack.
I'm sure you can make your substantive points thoughtfully and respectfully, so could you please do that instead? I don't have any problem with your views (I don't know what they are actually), but we need users to abide by the site guidelines. It's not as if every other commenter in the thread was doing a great job of it either but, as I said already, your comment was a noticeable step further into flamewar hell.
(I) This is a case where it's possible the act by the non-citizen is criminal in the US as well; plus the stock exchanges of the world are interlinked in various way, so it has some not-very-indirect negative impact on US companies and citizens. Also, do such things ever happen?
(II) You're establishing GP's point, which is that a special law was needed for extradition in this case.
----------
About your Journalist vs Criminal dichotomy:
* You only mentioned 5 scenarios but refer to a sixth... let's assume you mean just 5.
* GP can't be construed as having discussed option (5), but rather options (1) - (3).
* Something may be defined as a crime by law but be unconstitutional; and the law may yet be struck down by the courts. Law strike-downs happen occasionally in the US, after all.
* Can you provide reference to the claim that (5) is squarely a (federal) crime in the US? That is, that established journalists have been found guilty of doing this?
* Would you claim that scenario (6) is also a crime in the US, where in this scenario the journalist does not tell the source what to look for, and only provides guidance on how to use computing systems and networks discreetly and securely?
I beg to differ. A law was needed to establish jurisdiction and a crime just like a law is required for every such case. If you commit a similar crime on Australian soil, it's only illegal because a law exists to make it so (rightly).
> Can you provide reference to the claim that (5) is squarely a (federal) crime in the US?
My point is that every "right" in the US constitution is not absolute or without exceptions. Every single one. The above is a thought experiment to prove that. Put another way: the First Amendment is not a blanket defense. In procuring a story that you publish, you will reach a limit on your actions beyond which you've committed a crime and the First Amendment won't shield you from that.
Like... that's just obvious.
So what particular circumstances lead to a journalist committing a crime is irrelevant. The point is that there is a line, not what the particular line is.
That example is irrelevant to the Assange case, because that is an application of the nationality principle, which is a principle of international law which gives sovereign states criminal jurisdiction over their citizens for acts done anywhere in the world. So legally Australia can pass a law saying "X is a crime when an Australian citizen does it anywhere in the world", which is exactly what Australia has done in the example you cite; and the US has done the exact same thing (PROTECT Act of 2003). But Assange is not a US citizen, so examples of nationality principle jurisdiction are irrelevant to any US prosecution of Assange, they would only be relevant if Australia tried to prosecute him under some law based on the nationality principle.
This is so wrong in so many ways:
1 - Corporations Act, neither in Australia nor it's UK equivalent, do not deal with securities fraud or insider trading - it's a separate body of law.
2 - Think about implications of your claim, when you buy shares of American, Chinese, British and Russian companies on Robinhood / Trading212, etc. you do not become bound by security exchange laws of four different countries. This would be legally absurd as the laws differ and conflict significantly
3 - it's not a cut-and-dry 'Australian security' - if the security is issued listed on a stock exchange, say NASDAQ, and it's issuance is governed by the laws of the country where stock exchange is located. But a general investor never even deals with a stock exchange.
4 - When some brokerage is offering financial instruments in UK, the contract is between yourself and their UK branch, and regulated by UK Financial Conduct Authority. There is no foreign jurisdiction involved.
5 - as a general rule, an average citizen is not expected to know laws of other countries they have never travelled to and generally cannot be tried by other countries for their actions in their home country. They may be tried by their home country for their actions abroad, but not the other way round. Almost every exception to this has been related to hacking, and where they did happen these cases are highly controversial even among legal scholars.
That's not really how the justice system works, or should work. If two people commit a crime together, one of them is caught right away and punished for the crime, and the second is caught ten years later, would you expect the second person to go free because the first person was already caught? Of course not.
I don't think Assange should be extradited by the way, but this is a very bad argument, in addition to some of the criticism of various sibling comments.
Assange is not party to such an agreement.
Chelsea was willing and capable of doing it on her own.
I wouldn’t consider the successful prosecution of someone who exposed the truth ‘a job well-done’ unless I was very cynical about the departments job.
So when a UK man murders some guy and jumps to the US, the US sends him back to the UK.
...
"Publishing leaked military secrets is not even illegal in the U.S. due to the first amendment right to a free press."
This is false.
...
"With the leaker found and prosecuted, convicted, and sentence served, the U.S. Department of Justice should congratulate itself on a job well-done "
Multiple people can commit crimes. In particular, the question is whether or not Assange was party to a crime.
Hence the trial.
Right, because China isn’t an ally. If a US citizen leaked confidential secrets from Japan or the UK it would be a very different story.
For instance, if this has happened in China there’s no chance they are extradited.
https://www.nytimes.com/2021/03/01/business/carlos-ghosn-esc...
France for instance will protect her own citizens at all costs. It's why Roman Polanski, a convicted rapist, still walks around a free man there. [0]
[0]: https://en.wikipedia.org/wiki/Roman_Polanski_sexual_abuse_ca...
The only special consideration I found for the us was defining "Competent Authority", which is left undefined for the other signatories.
[0] https://www.congress.gov/treaty-document/108th-congress/23/d...
Complex foreign policy. The U.S. has jurisdiction because the country who has him says that they do. They could just as easily tell the U.S. to jump in a lake.
> publishing leaked military secrets is not even illegal in the U.S.
Then he will win. He is also charged with hacking though.
I admire your impartiality
That charge is laughable. The US government is very much going for the "throw everything at the wall and see what sticks" approach, backed by humongous amounts of soft power.
I don't see how anyone looking at the facts of the affair (the false rape charge, the grievous violations of international law, the amazing procedural irregularities of the first extradition hearing) can see this as anything but a thinly-veiled attempt to make an example out of a political opponent.
How does him not being a citizen affect this? Granted, I won't be too surprised if the double speak is that he's not protected by law, but simultaneously subject to our laws.
Associated Press, NPR, CBS, Yahoo News, Washington Post, The Guardian, The Independent, Reuters UK, France24, Sydney Morning Herald and SKY News all covered this.
None of them have this mentioned on their front pages. So, maybe they had a 20-second bit about it at some point, to claim that they covered it, but - they're suppressing this story.
I beg to differ. Journalists are assassinated regularly for their work. More often than not this happens as the result of investigations into corruption. I wouldn't put Assange's work over what those people are doing.
Which political party is persecuting him this time?
Remember when one side pushed for charges and the other side pardoned him? No neither do I.
As in it’s political not because of party politics, but because it’s threatened the power of politically powerful people and agencies in the US establishment.
The US loosing an extradition case from its very closest ally because the US prison system cannot be trusted to keep even white collar "criminals" (loosely) alive would globally confirm that the US is a human rights violator.
It's strange to think that after all this time, Assange could walk away a free man by the end of the year, although it's not hard to imagine that some government will come up with another reason to arrest him (or worse) if that happens.
No, I don't think they should be holding him at all, given that extradition has already been refused, but this is about punishment and vengeance and politics, not about right, wrong or justice.
(Please go check your information and try to contribute more to the conversation than a flat denial of widely documented facts.)
[0] https://www.judiciary.uk/wp-content/uploads/2021/01/USA-v-As...
The fact is that Assange kept in conditions that were not only deemed solitary isolation by the UN Special Rapporteur on Torture, Nils Melzer, but also qualify as solitary isolation under British , EU and UN law. [0]
[0] https://21stcenturywire.com/2020/01/26/julian-assange-and-in...
The relevant quote from my link is; "Dr. Blackwood confirmed that Mr. Assange was placed on an ACCT on arrival at the prison; on 18 May 2019 he was admitted to the healthcare unit; and, on 21 December 2019, he was returned to ordinary location.".
It is absolute nonsense to describe being in the healthcare unit as solitary confinement and it absolutely does NOT qualify as solitary isolation under British law, or EU law or UN law.
Assange's supporters have an absurd habit of exaggerating his suffering. They even claimed being in the embassy was "solitary confinement"!! [0]. While in the healthcare unit he still had all his usual prison visits etc (there are plenty of blogs out there of people who visited him during this time, several a month), and of course regular contact with healthcare professionals. He did have less contact with other inmates (but not none) which apparently had a negative impact on his mental health.
He was moved to the healthcare unit for good reason (they found a razor hidden in his cell and assessed him as a suicide risk). There is absolutely nothing to suggest HMPPS have anything other than his interests in mind. All of this is covered in the judgment if you could be bothered to read it rather than accusing me incorrectly of not knowing the facts.
[0] https://abcnews.go.com/Politics/assange-solitary-confinement...
> It is absolute nonsense to describe being in the healthcare unit as solitary confinement and it absolutely does NOT qualify as solitary isolation under British law, or EU law or UN law.
The article I linked makes a very strong argument that the location and/or reason for solitary confinement does not change its nature. Indeed when the British prison system uses "segregation" to curtail contact with other prisoners there is an official approval and review process that is designed to asses impacts on the prisoner's mental health. The "healthcare" isolation didn't involve any such process.
The article also lays out exactly how Assange's isolation for 22 hours a day qualifies as "solitary confinement" under both UN and EU laws. Are you disputing the facts of Assanges isolation or the interpretation of these laws?
> There is absolutely nothing to suggest HMPPS have anything other than his interests in mind.
I think it is pretty damning that a nonviolent prisoner was placed in a maximum security prison for a parole violation and then placed in isolation in a manner that bypassed the standard processes that would have protected Assange's mental health during that isolation.
If the HMPPS had really had Assange's interests in mind, he would have been placed at a medium or low security psychiatric facility.
> All of this is covered in the judgment if you could be bothered to read it rather than accusing me incorrectly of not knowing the facts.
Please indicate where this is all covered in that judgement as I can't address the entire document in a hope that I cover the sections you are referencing.
You haven't addressed my question so I am going to assume that you now realise you were wrong in what you said, but don't want to admit it.
Your argument has now evolved from a factual one that can be disproved (9 months in solitary confinement), to a conspiracy theory; Assange was put in the healthcare unit against his interests, as a political punishment. This has no factual basis. It is for you to prove this claim.
cf. https://www.justice.gov/opa/pr/wikileaks-founder-charged-sup...
I'm not familiar with UK law, nor am I well informed about the penalties for jumping bail there. Was Assange held on charges related to that?
It's also not entirely clear to me what responsibilities the UK government has with respect to its extradition treaty with the US. Is the UK treaty-bound to hold Assange based on the US indictment?
Since you seem better informed about this than I am, perhaps you could provide some detail about that?
Assuming that your assertion is correct, the UK government has some explaining to do.
Yes, he was tried and convicted, and has now served the 50 week jail sentence (he was convicted 1 May 2019 after 6 years 10 months on the run).
> It's also not entirely clear to me what responsibilities the UK government has with respect to its extradition treaty with the US. Is the UK treaty-bound to hold Assange based on the US indictment?
Yes. They could be released on bail, but if you are a convicted criminal whos crime was jumping bail the last time you were released on bail, you are going to have a tough time convincing a judge that 'its different this time'.
Bail in extradition cases is covered by the Bail Act 1976. Where the requested person is wanted to face an accusation, the starting point is that there is a ‘presumption in favour’ of bail.
> Assuming that your assertion is correct, the UK government has some explaining to do.
No it doesnt.
Edit: Edited to remove extraneous (now) material.
Sounds like a good reason to be a threat, albeit a not so smart one.
The extradition circus is really just that. The problem is not extradition or venue, it is that under the US Constitution and the First Amendment he should be entirely shielded from any of this, and we need a court to declare that, otherwise the government can continue to use the cudgel of pretrial detention and heavy-handed plea bargaining to continue to punish individuals who expose government acts.
There is also precedent for closed trials and sealed/only presented in chambers evidence in states secrets cases which allow a lot of shenanigans to go on.
It’s entirely possible they could railroad him.
It’s also possible they couldn’t. Either way if it was me, not sure I’d go willingly back into that lions den after the amount of BS and effort already thrown my way.
No. The accusation is that he offered to try to crack a password to allow an alternative extraction method that would have possibly kept Manning's identity secret.
Whether he actually tried to crack the password is unclear, but it's known that Manning did not use the method for any of the documents she extracted.
They could still try and railroad him for agreeing to try and crack the password, but Assange did not assist in the actual extraction.
- they'll never prosecute him
- case gets dropped
- case gets re-opened
- they'll never arrest him
- Assange is arrested
- they'll never extradite him
- Assange flees to embassy and stays there for 7 years
- They'll never turn him over the police
- Assange is turned over to the police
- They'll never extradite him
- If they'll extradite him and he'll be acquitted...
Sure.
Really, if Assange is extradited to the United States he will be convicted and while he is in jail there will be many new reasons found to keep him in jail, in as uncomfortable a way as possible. The US is pretty vengeful, especially against those who make their wrong-doings plain as day. Fortunately at least in a US jail he'll be safe from suicide. Oh, wait.
Despite the US's vengefulness, Chelsea Manning is now free, if not entirely left to her devices, and she's the one who actually leaked the information that Assange is being indicted in reference to. Reality Winner is in a halfway house now. Things are not so bleak as you picture here. Both of them had plea deals, and although Manning was put on trial, it was not in front of a jury. We desperately need a reckoning to decide if we're a country that will imprison people for speech.
> Manning said she "accepted responsibility" for her actions, and thanked former President Obama for giving her "another chance"
Ouch. That's going to be a problem with Assange, seeing that he's done nothing wrong _at all_.
IIUC, the charges[0] against Assange are for violations of the Espionage Act of 1917[1] and the Computer Fraud and Abuse Act (CFAA)[2].
No journalist has ever been convicted under the Espionage Act. As such, it's unlikely in the extreme that Assange would be.
The charges under the CFAA are, as I understand it, based on providing advice to Chelsea Manning. Which seems pretty weak sauce for a conviction. What's more, even if Assange were convicted for those charges, he'd face a maximum sentence of five years (with 54 days per year sentence reduction for good behavior).
I would expect that any plea deal would include only the CFAA charges and that Assange would be sentenced to time served and immediately deported.
I say that because bringing all this up is more of an embarrassment to the US government than it is to Assange.
My take is that had Assange not jumped bail and hid out in the Ecuadorian embassy for seven years, he'd have served his time (if he was convicted at all) and would have been a free man for quite some time by now, albeit persona non grata in the US.
N.B.: IANAL.
[0] https://www.justice.gov/opa/pr/wikileaks-founder-charged-sup...
[1] https://en.wikipedia.org/wiki/Espionage_Act_of_1917
[2] https://en.wikipedia.org/wiki/Computer_Fraud_and_Abuse_Act
[0] https://www.justice.gov/opa/pr/wikileaks-founder-charged-sup...
That seems like it would undermine the rough basis of the US appeal, that they can offer assurances about humane treatment.
It is debatable if what he did should be considered Journalism. Lots of legal questions about how U.S. laws should apply to people not citizens of the U.S. Tons of questions about his associations and about the 2016 election specifically...
Still, none of this is a reason to isolate someone for years without a trial or access to legal counsel. If the U.S. is going to apply its laws to Julian Assange, it needs to apply the basic rights that come along with it. He deserves a right to counsel, a speedy and fair public trial by a jury, the right to not have his liberty or property taken from him without due process happening FIRST.
These are all fundamental things we should all agree on regardless of the crime you have supposedly committed.
This strange fusion of the entertainment, legal and prison systems will not stop at Julian Assange. It was done to Chelsea Manning. If it can happen to them, it could happen to you one day.
TLDR; People have deserved a speedy and fair trial in western legal systems going back to when the Magna Carta was written. Whatever is happening here isn't justice.
Human rights always get fuzzy at the interface between nations. A lot of nations don't even agree on what human rights are.
you got this backwards
We'll never know that and there is no way to know. What we do know is that instead of surrendering to the justice process of several countries, he sought asylum. Any claim that his justice process wasn't speedy has to factor that in.
You state your very arguable opinion as some kind of fact. It's not. It's your opinion. The US is a country with rule of law, and this would have been a very public trial with tons of people coming to his legal aid. Even Manning got a fair trial, for a crime that Assange coaxed and encouraged him to commit by the way.
Three Requirements for defence of necessity: (1) Urgent situation of imminent peril or danger (2) No reasonable legal alternative (3) Proportionality between harm inflicted and harm avoided
"Well, suppose you got a large starving family. Is it wrong to steal a truckload of bread to feed them?"
There's often a difference between something that's a crime and something that's wrong.
Crime (n)[0]:
an illegal act for which someone can be punished
by the government especially : a gross violation of
law
There are laws in many places that make things that aren't wrong or bad a crime.Words have meanings. If we ignore that, it's impossible to communicate effectively.
How about we amend your statement to be:
I stole bread to feed my family, is that wrong/bad
/immoral?
The difference is obvious, no?https://www.themoscowtimes.com/2021/10/06/unprecedented-vide...
If Russia is not good enough to face it's courts, how does your argument hold up if someone alleges that neither is US?
Legally, US broke international law and human rights.
But that doesn't change the fact that it was a crime, does it? Remember, the comment I replied to was saying that Chelsea Manning did not commit a crime when they leaked secret American military information while a serving member of the US armed forces.
You might - and I would - argue that Manning did something that is a good thing for the world, but that doesn't mean saying that it was a crime is 'post fact'. 'Post fact' is redefining the idea of 'illegal' to be 'only things I don't personally agree with', which is not a definition that survives contact with the real world.
You accuse the other of presenting subjective opinion as fact, do you think this stament is any different?
US jailed an environmental activist for embarrasing an oil company abroad:
https://www.nytimes.com/2021/10/27/business/energy-environme...
You chance of going to jail is inversely proportional to how wealthy you are:
https://www.charlotteobserver.com/news/politics-government/a...
USA has refused to extradite Warren Martin Anderson, a CEO facing manslaughter charges in India for 16,000 deaths in the Bhopal Disaster
In UK criminals kill ~650 people a year, the US police kills over 1200 people a year.
For criminal contempt of court, in a very scrutinized and controversial decision that is freely debated and will be settled case law when it's through the process.
>USA has refused to extradite Warren Martin Anderson
Citing lack of evidence.
>You chance of going to jail is inversely proportional to how wealthy you are:
You ability to hire good lawyers is proportional to how wealthy you are.
It's unclear what these tidbits are supposed to illustrate. Failing to effectively remedy inequality with pro bono legal aid means your country's judicial system is flawed, and judges make arguable and controversial decisions. This does not mean the country is not governed by law.
How about the case of Posada Carriles, a terrorist and CIA operative that blew up 73 people on Cubana de Aviación Flight 455, was there also lack of evidence?
Do you believe that USA is fair and impartial when it comes to international affairs? If USA blatantly violates international law it claims to uphold, do we have rule of law?
"your country's judicial system is flawed... This does not mean the country is not governed by law."
Thats exactly what it means, at some point the system is so flawed you are not governed by law.
We could debate how flawed it is, but it seems to be getting worse.
"For the first time, the United States fell out of the top 20 countries for adherence to the rule of law in an index compiled by the World Justice Project."
[0] https://en.wikipedia.org/wiki/July_12,_2007,_Baghdad_airstri...
>It is precisely the presence of weapons, including RPGs, that goes a long distance toward explaining why cameramen for Reuters—pointing television cameras around corners in a battle zone—were readily mistaken by our gunships for insurgents. The video makes plain that in this incident, as in almost all military encounters in both Iraq and Afghanistan, our soldiers are up against forces that do not wear uniforms—a violation of international law precisely because it places innocent civilians in jeopardy. Responsibility for civilian deaths in such encounters rests with those who violate the rules of war. The Wikileaks videos also do not reveal the hundreds upon hundreds of cases in which American forces refrain from attacking targets precisely because civilians are in harm's way.
Hard to summarize it better
There weren't RPGs, and even if there were, the presence of RPGs have never been a valid cause for use of force under any Iraq ROE. It's not just international law that was broken, but internal US military regulations on the matter as well.
> The video makes plain that in this incident, as in almost all military encounters in both Iraq and Afghanistan, our soldiers are up against forces that do not wear uniforms—a violation of international law precisely because it places innocent civilians in jeopardy. Responsibility for civilian deaths in such encounters rests with those who violate the rules of war.
The other side committing war crimes is not carte blanche for you to do so as well.
> The Wikileaks videos also do not reveal the hundreds upon hundreds of cases in which American forces refrain from attacking targets precisely because civilians are in harm's way.
'We should get a pass on war crimes because of all those other times we didn't commit war crimes (or didn't get caught).' I don't think they even tried that specious of an argument during Nuremberg.
https://en.wikipedia.org/wiki/Repatriation_of_Ahmed_Agiza_an...
Britain in contrast makes it's former colony follow it's actual extradition process as a matter of honor. The closest the CIA has gotten to extraordinary rendition in British territory is occasionally allowing a CIA rendition flight to refuel in a far off territory, but even that was a huge scandal.
How so? How is what he did any different than the New York Times publishing whistleblower documents? It's only "debatable" because the media he's in competition with says it is.
No matter how it ends, these guys have been already punished enough, and by forcing them to live in fear, some of that punishment will last forever.
Considering how much the government of Australia washed their hands of him, I don't expect Assange will ever call it "home" again (if he ever did).
There is more than sufficient reason for madmen to kill every world leader, yet this happens extremely rarely.
Plenty of death threats were written as comments to news articles and on forums. "We'll eventually get him", "If he ever gets out of prison I am out to get him". Etc.
Nothing has come of it so far ( he is out of prison for some years ).
For the most part, it's hard to underestimate individual crackpots. Take them as a whole, and it's a different story however.
That said, Peter Medawar had it right[0]:
"The USA is so enormous, and so numerous are its schools, colleges and religious seminaries, many devoted to special religious beliefs ranging from the unorthodox to the dotty, that we can hardly wonder at its yielding a more bounteous harvest of gobbledygook than the rest of the world put together."
N.B.: I am an American.
[0] https://www.quotetab.com/quote/by-peter-medawar/the-usa-is-s...
Fortuyn was far-right.
"Fortuyn's beliefs began to shift to the right in the 1990s, especially related to the immigration policies of the Netherlands. Fortuyn criticised multiculturalism, immigration and Islam in the Netherlands. He called Islam "a backward culture", and was quoted as saying that if it were legally possible, he would close the borders for Muslim immigrants."
edit: also, the murder was silently condoned by a large fraction on the left.
that sounds like the oppsoite of a neutral picture ...
Is that known for a fact?
Implying that someone 'silently condoned' something is very convenient because it's basically impossible to prove or disprove, it's like accusing someone of thoughcrime.
The difference between 'this has popular support' and 'there are a few nutjobs' is kinda key, don't you think? Otherwise you might as well write 'a large section of leftists cut off their own penises"
well you succeeded, here we are talking about your 'neutral' picture
That is not my impression at all. If there's any sort of "silent condoning" going on then it's very very silent indeed, as I've never encountered it in spite of spending plenty of time in leftist circles. No doubt you can find a few crazy extremists, but they do not get to define "a large fraction on the left".
This kind of black-and-white thinking also applies to Assange and WikiLeaks, and has had the unfortunate effect of removing his support from both the left (because of the Guccifer leaks) and the right (because of the Collateral Murder leaks).
> He was also openly gay
you can be gay and be far-right. those are not somehow mutually exclusive. another example off the top of my head: Milo Yiannopoulos and Dave Rubin are both openly gay and far-right.
> This kind of black-and-white thinking
no. the issue here is doublespeak and misdefining commonly used words. like on that wikipedia page i linked to his far-right views are laid out in detail, yet it also notes that he asserted that these far-right ideas are not far-right.
i mean, unless you're arguing that islamophobia and anti-immigration aren't right-wing?
I don't associate the far right with drug legalisation, women's and LGBT rights, the right to die, or direct democracy. Pim Fortuyn supported all of these. He was also rabidly bigoted against Muslims, in a way that intersected with his support for other minority groups. Political positions are complicated and sometimes you need more than two words to describe them.
You can't be "far-right" to someone. It isn't a verb. And if someone only takes far right positions on the topic of brown people they aren't far right - they are something complicated that needs more description.
i think you're willfully misinterpreting here to try to somehow discredit them or 'get' them, without actually offering any meaningful counterarguments. it's easy to understand what that person means.
> if someone only takes far right positions on the topic of brown people they aren't far right - they are something complicated that needs more description.
please would you elaborate? i haven't seen that before.
To figure out what political philosophy we'd need to know about their other, non-far-right-wing, views.
By definition and context, their other views are either mild right wing, neutral or left wing. We'd need to have specific information to classify them. It is impossible with only one, context specific and relatively common, view.
> i think you're willfully misinterpreting here to try...
Given I'm literally correct, a safer assumption is that I'm the sort of person who cares about being literally correct? Far-right isn't a verb. And racism against brown people is an extremely common thing across the political spectrum; it isn't enough to characterise someone as far right.
i doesn’t really matter if he supported those things individually. look at Reagan proclaiming he is fighting for everyone (including the black community), yet then behind closed doors he refers to black people as “monkeys” (that famous call with Nixon) [1]. so it doesn’t matter if Pim held those beliefs, it matters what policies the party overall pursues, with whom they ally themselves, and what actions come after their stated political aims/programs. when we take a look at similar political parties that came before it does not look good.
my point is: pursuing certain xenophobic ideas and pushing for far-right change nearly always ultimately means you end up forfeiting these ‘smaller’ standpoints when push comes to shove.
e.g. from Pim’s wikipedia page (under 'Political career') it is well-described how he had already journeyed from being a marxist to becoming a free-market neo-liberal. if he hadn’t been killed i’m sure he would’ve further completed this arc and becoming a far-right neo-conservative populist politician like the Trumps, Baudets and Wilders of today.
> I'm arguing that "right" and "left" are a linear one-dimensional approximation of complex multi-dimensional beliefs.
did you mean “aren’t” instead of “are”? i’ll assume so, because it seems to make the most sense to me from your other arguments (if not then i am not following you at all)
you are trying to redefine the right to left political spectrum to a ‘both sides’ centrist view. this is a dangerous right-wing strategy that aims to reframe a debate on it's own terms; a deflection and distraction away from important systemic critiques (which ultimately leads to a continuation of a systemically violent status quo).
[1] https://www.theatlantic.com/ideas/archive/2019/07/ronald-rea... (archive version - https://archive.md/OdpeR), direct link to call audio https://soundcloud.com/user-154380542/nixon-013-008-630-650/...
Also here's the motivation for "islamophobia":
> "I have no desire to go through the emancipation of women and homosexuals all over again."
You’re not wrong about the general danger of this hyper-politicised era, though. To my mind the biggest danger is if a Supreme Court justice gets targeted. Feels entirely plausible, I have to assume (hope?) there are extensive security precautions taken behind the scenes.
They want to discourage future dissidents by making an example of people who oppose the status quo. They want the prospect of being a whistleblower to be as unpleasant as possible, without creating a martyr for people to rally around.
So they typically don't just kill the person. They might use poison to maim an adversary (Yushchenko, Litvinenko, ..). Make the person disappear. Discredit them. Shape the public opinion. Paint them as traitors. Countries have their own flavor, but it's basically the same playbook.
Making life hard for Snowden and Assange has a chilling effect for all people thinking about turning against their governments.
The Abu Garib whistleblower was not punished, he was protected.
Some of the actions of Manning and Assage fell way outside the prospect of 'Whiste blowing'.
Assange is being put to trial because preliminary evidence indicates that he was active participant in helping Manning in his activities and not just an agent of the press.
(You'll notice that the 'New York Times' Editors are not going to trial for things that they published).
The trial will result in either his acquittal or not.
That's it.
The US doesn't poison people for 'leaking revenge'.
just a while back, Rebekah Jones, the Floridian data scientist who leaked private COVID information to Florida emergency personnel, had her home raided. there's no real argument to be had whether the search was legal or not, since they attained a warrant and supposedly alerted her before their arrival, but the violent nature of the visit was definitely done to send a message. marching up to her house, kids and husband inside, with a troop of armed officers is definitely not necessary if all they wanted was her computer and to search her home. i have trauma just interacting with officers on routine traffic stops, can't imagine being a child and having a gun pointed at me, even worse, i can't imagine being a parent and feeling guilt for having put my family in that position. i'm not trying to make this political, but i don't want to be naive and say that these are the actions of a well-meaning group of people.
Snowden would also be able to repeat his acts, because you can pass clearance if you have no criminal record, and he's never been tried.
(The second one is a joke, the first is not.)
Who would believe anything he has to say? Based on WikiLeaks' history under his direction no one could look at a WikiLeaks story and think they were getting any unvarnished truth. They could be sure they'd get posts disparaging or attacking Western governments...and that's about it.
>(The second one is a joke, the first is not.)
Stranger things have happened although this would be pretty comical. Maybe the pendulum swings so much that we get a super progressive Millenial president and she makes Snowden head of NSA to clean up the agency. :)
We are in similar circumstances in this decade where the nearly unrestricted capitalism of the Reagan era has clearly failed. What will be the breaking point that forces the pendulum back? I don't know. Maybe it will end up being the long tail of destruction in the post-COVID or era maybe something we haven't seen yet.
We will see a far leftist paradigm in this country in our lifetimes but it may end up being a time where many young people here will already be reaching older age. Oldest Millennials are 40+ now so many of them will never recover from the damage done already. Gen-Z may still have a chance. Hopefully Gen Alpha will not have to bear too much of the brunt of the current collapsing right wing paradigm and they can benefit from a Left leaning paradigm when they come of age in 20 years.
If he were taken out thought none of that would matter any more, and public opinion would very much be in favour of Assange. The backlash against the US would be huge, and rightfully so.
This is not credible at all. Literally no evidence for it.
It's kind of like that for Assange.
This is unfortunate because it discredits the entire movement and some of the ideas Assange represents.
Honestly I think it’s too obvious for the government to kill him while he’s in the US and they’d be much more likely to do it overseas. Plus some rando crackpot probably couldn’t even recognize him on the street.
He could live a rich person’s life in Manhattan for years and barely be noticed once the initial media frenzy died down.
That's not all that unusual. In many cases, folks are brought to trial and convicted on the testimony of unsavory characters.
An excellent example of this is the conviction of John Gotti[0], who was convicted of (among other things) the murder of Paul Castellano[1].
The evidence against Gotti was largely based on information provided by Sammy "The Bull" Gravano[2].
All three of those guys are/were thoroughly disreputable people and stone killers. Gravano, despite his long and violent criminal career, was given a very short prison sentence and was then placed into the US' Witness Protection Program[3], giving him protection and financial support from the US Government.
Despite this, Gravano continued to be the gangster he always was and was convicted of additional crimes and sentenced to prison again (20 years in New York and 19 years on Arizona, served concurrently).
Just because someone is a scumbag, doesn't mean they can't play a part in prosecutions.
There are many other examples of this sort of thing as well.
>He has since admitted that his testimony was false.
Assuming that can be verified, it's a great point in Assange's defense. Which, I'm sure, won't be lost on his lawyers.
[0] https://en.wikipedia.org/wiki/John_Gotti
[1] https://en.wikipedia.org/wiki/Paul_Castellano
[2] https://en.wikipedia.org/wiki/Sammy_Gravano
[3] https://en.wikipedia.org/wiki/United_States_Federal_Witness_...
The 'patriotically' minded folks in Russia and US are surprisingly alike, and patriotic ideology is invariably full of hypocrisy.
I think if they were to run a country, it would look very much like Russia of today.
"She provided WikiLeaks with the video Collateral Murder, which showed the US army killing a dozen unarmed civilians, including two Reuters employees."
Assange literally contacted the state department warning them that an ex employee who was angry was going to release the files without redacting names and the state department ignored that warning. This phone call was released last year but didn't get reported by the corporate media.
Your Russian intelligence allegations has absolutely zero proof behind it and simply a political Twitter talking point.
They can kidnap you like they did to the Venezuelan diplomat (violating the Vienna Convention) who was tasked to help secure food and medicine around the US embargo and sanctions. They can force the landing of your plane on friendly territory of a countries head of state like they did to Bolivia's Presidents Evo Morales plane over Austria (violating numerous UN and diplomatic treaties). They can try to kill you as the CIA planned for Assange as they do regularly (look up the Orwellian Disposition Matrix).
We live in a different era of empire where the corporate media and the corporate journalists are the ones calling for censorship.
The media used to "actively" report on matters like the Pentagon Papers, Church Commission, My Lai Massacre.
Decorated CIA officers like John Stockwell who exposed genocides and massacres in non-white countries were not muzzled (although denied an income from their whistleblowing). Daniel Ellsberg was free to roam.
It seems that the journalists who actively cover the machinations of the national surveillance state are primarily entrepreneurs (substack etc.) and not part of the corporate media apparatus.
https://en.wikipedia.org/wiki/John_Stockwell_(CIA_officer)
https://www.amazon.com/Search-Enemies-CIA-Story/dp/039300926...
https://en.wikipedia.org/wiki/Pentagon_Papers
https://en.wikipedia.org/wiki/Daniel_Ellsberg
https://en.wikipedia.org/wiki/Disposition_Matrix
https://en.wikipedia.org/wiki/Evo_Morales_grounding_incident
https://en.wikipedia.org/wiki/Church_Committee
https://peoplesdispatch.org/2021/10/19/outrage-following-ill...
https://www.smh.com.au/world/europe/cia-plot-shows-us-promis...
https://en.wikipedia.org/wiki/M%E1%BB%B9_Lai_massacre
https://taibbi.substack.com/p/yes-virginia-there-is-a-deep-s...
Only if you are not blowing the whistle against those regimes. If you're a whistleblower in China or Russia the safest place for you is probably over here.
Has it ever been different?
Maybe they could trust these, but the government really didn't have much restraint on spying in that period, like COINTELPRO program. When documents were stolen from Media FBI office in 1971, they found documents saying FBI was aiming to "get the point across there is an FBI agent behind every mailbox" to activists.
However, I don't like wannabe anarchists like him never, ever taking responsibility. He ran away from the Sweden case, whatever that was about.
And I don't like this "he was just propagating the messages that are sent to him". He was taking money(called donations) and the operation was large, WikiLeaks is not some one person garage operation. This was internal government document leaking as a service, period.
Many Californian companies are generously using NDAs for much less critical info and leakers or thieves pay hefty consequences. Why wouldn't Assange?
In many places this would be classified as straight up espionage. He provocated the us government and military, of course they were to go after him.
It's not right, it might not be legal, but it was bound to happen. Anarchists don't believe in rulers ,rulers don't believe in anarchy and the rulers have the bigger guns, plain and simple.