To get Julian Assange to face the Swedish allegations, America should back off
If the US promises not to extradite him from Sweden, Julian Assange may be able to put an end to the saga
By Ryan Gallagher Published 03 July 2012 13:49
For 15 days now, Julian Assange has been holed up in the Ecuadorian embassy in London. The WikiLeaks founder, whose 41st birthday is today, is seeking to avoid extradition to Sweden over sexual assault allegations and has requested political asylum. Assange fears he will be held incommunicado in Sweden and ultimately handed over to authorities in the United States, who have confirmed they are continuing to investigate WikiLeaks for publishing thousands of classified government documents in 2010.
This latest bizarre episode in the Assange saga has sparked fiery arguments between supporters and critics of the divisive WikiLeaks frontman. Some have dismissed Assange’s fears as paranoia and accused him of attempting to dodge justice by seeking refuge in the embassy. Others have likened Assange’s plight to that of dissidents in countries like China, arguing that he is right to seek asylum given that there are continued calls for his extradition in America, where the vice-president has branded him a high-tech terrorist.
But what the supporters and critics do not seem to realise is that most of them share a common ground. Very few of Assange’s opponents, aside from a handful of rabid right-wing commentators, believe WikiLeaks should be prosecuted for its involvement in publishing classified documents. Even former New York Times editor Bill Keller, who has savaged Assange on several occasions, has said he would back WikiLeaks if a prosecution were to go ahead.
So the solution here seems obvious. Given that at the core of Assange’s asylum application are his fears that the US Department of Justice would like to lock him up, people on all sides of the debate should be calling for the Obama administration to give an assurance that it will not try to extradite Assange for his publishing work. Why? Because if the US government stopped pursuing Assange, he would go to Sweden. Then the prosecutors there could question him face-to-face, lodge formal charges if there is a case to be heard in court, take the thing to trial and let the judicial process run its course.
Assange has concerns that he will not get a fair trial in Sweden, in part due to what his legal team have argued were prejudicial comments made by the country’s prime minister about the case. But at least without fears of a US extradition hanging over his head, once the Swedish case was in motion Assange would have little else to worry about. Equally important, the women who made the allegations against him would get their chance to be heard. The conclusion, whatever the outcome, would bring closure to this long-drawn out affair which has now become nothing short of a complete fiasco.
It is worth recalling that when Assange was first arrested in London over the sexual assault allegations in December 2010, the US government was pleased. Then-defence secretary Robert Gates, visiting Afghanistan at the time, was asked for his reaction. He smirked and said: "sounds good to me." Gates’s off-the-cuff comment spoke volumes about how senior officials in the Obama administration had very little interest in the particulars of the Swedish case. There was a real sense at the time that they just wanted Assange to disappear, and that has not changed.
To top officials in the White House, Assange is undoubtedly seen as a threat, an agitator, a dangerous opponent they would like to see neutralised. But if the Obama administration, which has pursued a uniquely aggressive anti-whistleblower policy, was actually to launch a formal prosecution against Assange in a bid to extradite him, there would be counter-productive consequences. It would radicalise swathes of young people and be condemned by newspapers and NGOs around the world as an outrageous attack on press freedom. It would damage America’s standing in the world and fundamentally undermine Obama’s personal legacy as a president.
Let us not forget that Assange has helped expose war crimes, breaches of international law, and other questionable actions on an unparalleled scale. Obama has already lost a great deal of support due to his secret kill list, his out-of-control drone programme, and his failure to close prison camp Guantanamo Bay. An unjust prosecution against Assange would symbolise the political death knell of Obama – the man who, just four years ago, galvanised millions with his promises of hope and change.
Right now, Assange is in a small room in the Ecuadorian embassy, sleeping on what one man who visited him said was an inflatable mattress. His situation currently is not far from a kind of imprisonment, and all because he fears being handed over to America. Whether or not US authorities are foolish enough to actually attempt to prosecute Assange at some point down the line, they will be happy to see him face this crisis. In a sense, by refusing to rule out an extradition attempt they are punishing him by proxy.
Almost 7000 people have signed a petition calling for Ecuador to accept Assange’s asylum request – yet regardless of what the country decides, Assange can still be arrested by the Metropolitan police the moment he sets foot outside the embassy. And even if he somehow made it to Ecuador, he would be forced to live a life in exile for years to come, shadowed constantly by a cloud of fear and restricted in the countries he could visit.
It would make far more sense for Assange's supporters to join forces with some of his critics, shifting focus by lobbying the US government directly. Whatever your opinion of Assange's personality, that does not matter in the broader scheme of things. The US government’s desire to pursue a prosecution against him is an attack on principles of press freedom, principles that any democratic society must strive to defend.
Alleged WikiLeaks source Bradley Manning was held in conditions described by the UN’s special rapporteur on torture as "cruel, inhuman and degrading" in a military prison for ten months. It was public indignation over his treatment that helped move him to a new prison, where he is now treated more humanely. There is no reason why a sustained and well-organised campaign, headed by some of Assange’s many high-profile backers, could not have a similar impact. An assurance from the US government that it will not seek to extradite Assange as part of its WikiLeaks investigation is the only way this saga can have a desirable ending.
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23 comments
As if you could count on the US to keep its word... They've lied about basically everything. Lobbying the US would not only be extremely naive, it could be quite dangerous for Julian Assange if he believes any 'assurances' that the US would back off. They may not 'technically' extradite him to the US but choose to detain him indefinitely in Sweden under some bogus law that they draft up for that purpose. Look at everything they've pulled so far, all of it outside the 'rule of law'. The US, Britain, Sweden, and Australia are clearly working together like a wolf pack on this case. And don't expect to collar them any time soon.
If not simply a naive article, this sounds like a face-saving strategy for the US, as clearly it has lost the battle for hearts and minds, and can't pursue its ends just through fear and intimidation.
The world is ruled by large corrupt corporations and lies.
I wish I could believe that the North American government are as reasonable and honourable as this article.
To break the impasse I suggest
(a) any investigations into sexual allegations be conducted by the Swedish authorities with Julian Assange's witness or other statement made by him via Skype video link from the Ecquadorian Embassy. Similar video evidence is often taken in court cases in a large number of jurisdictions worldwide. Is this practice used sometimes in Swedish cases?
(b) In the circumstances a public announcement by the Swedish prime minister needs to be made that he will not consider, or accede to any formal, or covert request from the US to hand over Julian Assange until at least the sex allegations investigation and any resultant court case is completed.
This article expresses a strange point of view and is naive in the extreme. Not in a million years will the US publicly exclude requesting his extradition. They'll be happy to witness his public humiliation and let him stew in his own juices.
What would really help would be a public statement from the Swedish authorities confirming that they would not agree to an extradition request to the US. This could presumably be done. I find it strange that the Swedish government has remained silent on this matter. Is this silence telling?
"But what the supporters and critics do not seem to realise is that most of them share a common ground. Very few of Assange’s opponents, aside from a handful of rabid right-wing commentators, believe WikiLeaks should be prosecuted for its involvement in publishing classified documents." ~ Ryan Gallagher.
What absolute nonsense Ryan Gallagher, nice try though, i.e., attempting to lump together the majority of Assange's critics and supporters on the pretence that only "rabid right-wing commentators" would want to see wikileaks prosecuted.
Obviously you are attempting to fuddle some sort of centrist foundation point upon which to base your wimp out article, which of course is desinged to construct another 'Go easy on Assange' message.
Personally, for the record I do hope wikileaks is prosecuted. PS., I do not consider myself rabid. Please stop pretending you speak or write for the majority Gallagher, or are you yet another phoney journalist like Assange himself?
Why, exactly, do you want Wikileaks to be prosecuted? What kind of a world would we live in without any kind of exposure of the medacity of great power?
The US is happy so long as Assange is neutralised, whether inside a gaol cell or Equadorian embassy. There will be no assurances coming from the US that JA is safe from extradition. This also gives it time to both discredit JA via media hit pieces and to continue its investigations with a view to producing charges that will see him handed over to American prosecutors. It doesn't matter what the charges will be, as long as he is behind American bars.
But what I want to know is something no one has mentioned the yet. Assange has not been charged by Swedish prosecutors because they have insufficient evidence after nearly two years of investigation. Supposedly, they need to question him first (which they have already done) and have him self-incriminate himself to produce sufficient evidence in order to lay charges. Unless they intend to torture a confession out of him, how do they suppose that he will not simply refuse to talk or perhaps even lie to them? What purpose does it serve so-called Swedish justice to have him locked up with no prospect of charges ever being laid?
And lastly, I think it's worth noting that the US would prefer to extradite him from Sweden than the UK in order to avoid the political embarrassment it would cause to the UK . Assange has far more supporters in the UK than Sweden and the prospect of an extradition from there would be far less certain given their more robust legal system. Put simply, Sweden rolls over for the US more easily than does the UK. Just look at how long the appeals process has taken for a dicky little EAW. A US extradition request on the UK would result in a very awkward situation between the two counties.
If only the Westewrn Media had been as interested in questioning, examining and highlighting Americas 'eagerness' to go to war so soon after 911. So soon did they declare and go to war and hardly a question or criticism in the Western media yet look at how you all suck-up and get excited about the Assange saga and analyse and criticise his situation, one individual that's helped to do the job the fourth estate of the Western world refused to. We are supposed to be an informed citizenry, that is the supposed imortant role the Media plays in democracy and "our" Western Media let the last decade of war happen with hardly a crticism and was often a propagandist mouth piece.
If only Media was as interested in Iraq war lies and deceptions as they were happening as they are about Assange now.
A sad example of how taking freedom for granted
caixa,caixa economica,caixa economica federal
If indeed he is "shadowed constantly by a cloud of fear and restricted in the countries he could visit" that puts him among an elite band of former world leaders that are now dodging war crimes.
It's sad what is happening to Julian Assange right now, and that goes the same for the rest of the world, too. I'm glad he's able to seek asylum but I don't think this is going to hold up for long. Why can the US get Julian from Sweden, rather than UK?
------ Matt Pope.
Getting the United States to back off? This is the country of mass incarceration, death penalty, wars of aggression, indefinite detention, kill lists and drone strikes. Seriously, are you for real? And by the way, correct me if I'm wrong but the United States doesn't deal with "terrorists"...
Yawn. The worst thing that can happen to him is that he spends a few years in a luxurious prison playing table tennis with Anders Breivik. It's not as if they have real jails in Sweden. And the Swedes won't extradite to anywhere with the death penalty.
Exactly when did they transfer Anders Breivik from Norway to Sweden ?
A sad example of how taking freedom for granted, as if it were a habit rather than an exercise, is the first step to its loss.
Entered as a reply to TBJ below.
The fact that neither the US nor Swedish governments are willing to give these assurances speaks volumes about the hordes of sudden converts to women's rights, most of whom seem, at best, indifferent to the rights of the murdered women and children whose bodies are being obliterated by US terror drones every day of the week. If what the US is currently doing has neither radicalised youth, NGOs and the world nor undermined Obama, then how would arresting and secretly trying Assange cause more than a bit of wet, liberal bleating? There was little protest when the US Vice-President, Biden, called Assange a "hi-tech terrorist" and even less said when his own PM, Gillard, not to be outdone, declared him "guilty". Your faith in the liberal press is misplaced.
Ignoring GTJ's silly comment, I agree totally with the article.
I have been waiting for someone to mention the crucial point regarding Gates' reaction to Assange's arrest.
The USA is truly a power in decline.
As a supporter of Mr Assange, I would say we have been lobbying the US government for some time now and continue to do so; this is really not a new concept. Considering the renewed calls for Mr Assange’s prosecution by Sen Feinstein this weekend, it seems obvious that getting any concessions from the US government is not looking promising. This whole sorry episode would have been over if the Swedish Prosecution Authority had done its job properly and interviewed Mr Assange in Sweden.
But isn't the point that if there was a concerted effort from opponents and supporters (ie not just the usual suspects) that that could have a more fruitful outcome? If you could get the editor of the New York Times on board and others of that stature on board for example the campaign would have way more clout than if it's just a small group of activists.
A more concerted effort in support of WikiLeaks, Julian Assange, Bradley Manning and whistleblowers in general would be much appreciated.
However, for the past two years or so, WikiLeaks actually had a rather large base of supporters - albeit mostly outside the US.
The (US) main stream media have more or less constantly vilified Julian Assange during that time and had a strange fixation on the colour of his hair and the case in Sweden rather than actually reporting on the leaks and on the possible case in the US.
As for getting the editor of the New York Times on board...er, that's a bit of a bad joke, isn't it? The NYT under its then-editor Bill Keller actually contacted the White House and Foggy Bottom (US Dept. of State) prior to the publication of the diplomatic cables provided by WikiLeaks, apparently afraid of a criminal prosecution.
About a month and a half later, in early 2011, Bill Keller published one of the meanest hit-pieces on Julian Assange ("The Boy Who Kicked The Hornet's Nest").
I'd expect the NYT to be the last media outlet to support WikiLeaks and Julian Assange.
Best scam to get out of a rape prosecution ever.
A perfect example of an uninformed opinion. Assange empowered people by informing them. Sadly, some prefer pathological innocence!