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Assange faces possible US indictment

Plus: rival site to WikiLeaks set to launch on Monday.

In a report from ABC News, Julian Assange's lawyer Jennifer Robinson has said that Assange could face indictment by the US authorities under the Espionage Act.

Robinson said: "Our position of course is that we don't believe it applies to Mr Assange, and that in any event he's entitled to First Amendment protection as publisher of WikiLeaks. And any prosecution under the Espionage Act would in my view be unconstitutional and puts at risk all media organisations in the US."

Meanwhile, protests have been planned around the world in defence of Assange, who is still in detention at Wandsworth Prison in London. Demonstrations calling for his release are happening today in Spain, the Netherlands, Colombia, Argentina, Mexico and Peru.

In yet another twist to the story, the LA Times reported yesterday that a rival to WikiLeaks, OpenLeaks, is due to launch on Monday. The site is run by original WikiLeaks staff members who resigned because of Assange's controversial methods. The crucial difference between the two organisations is that OpenLeaks will not publish information on its own, but will only make it available for others to publish.

In a statement, OpenLeaks organisers said their purpose was to be "without a political agenda except from the dissemination of information to the media, the public, non-profit organisations, trade and union organisations and other participating groups".

16 comments

zsremrxc's picture

Democracy and law are just blindfolds for the people...criminal states like the USA and its meatpuppets will do whatever they please inside or outside the law...arresting Julian is detracting from the real criminality that is the USA. Damn them

ps them that despise and hate the truth will be burned by it...possibly without end.

thinkov's picture

the peoples eyes are opening wider

they cannot close them again

if they want a war on many fronts they can fucking well have one

openleaks to wideopenleaks to wikireally openleaks

workers join with students in the meantime on the streets

any chance of a labour mp or two?

lasse's picture

Dave C
“would he be better off in Sweden than in the UK?”

“JENNIFER ROBINSON: Both countries have extradition agreements with the U.S., so the U.S. can of course seek his extradition from Britain. We would much prefer to fight the extradition here from Britain. Britain has a very strong tradition of liberty and a strong adversarial proceeding. Sweden, on the other hand, is not renowned for that.”
democracynow.org

Sweden have civil law and a inquisitorial system.
“An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense.”

The rule of law can be questioned. In 2001 after the big demonstrations in Gothenburg German courts denied extradition to Sweden of people suspected of violence and rioting due to that they meant that rule of law wasn’t adequate in Sweden. The proceedings was held in Germany, police testemoney that was enough to send people to several years in prison in Sweden was overruled in Germany.

Writeon:
“Also the new rightwing Swedish government is highly supportive of the United States.”

Well the Social democratic party that “usually” rule is no less supportive, they dragged us in to the Afghan war and is still highly supportive of that, they are as much “leftist” as Tony Blair is leftist.

The “ghastly redition flights” did happen under social democratic rule and with OK from highest government level.

swatantra's picture

Lets hope Assange has the guts to present himself before the Courts and park this issue once and for all and then get back to revealing some more interesting stuff than we've had so far. The allegations are a distraction.

writeon1's picture

Dave,

Your query is interesting. The answer is, it's difficult to tell, it all depends. Sorry if that sounds vague.

Formally, it would appear, on the surface that Assange might be better off in Sweden than in the UK, because Sweden hasn't signed the kind of asymetrical extradition that exists between the UK and the USA.

This means that it's far easier for a UK citizen, resident, to be hauled off to the US than the other way around. For example a the US can demand the extradition of a UK citizen for an offence which isn't and offence in the UK, and the UK government is treaty bound to pack the person off to the US!

In contrast the UK has no right and cannot extradite a US citizen for an offfence which isn't a crime in the United States. That's why it's despised, unfair, and asymetrical in the extreme. A one-way treaty from a vassal to his lord.

But in practice delivering a person into the hands of the Americans is far more diffult, as the UK has country where human rights and liberal values in relation to the state vs. individual are entrenched and important. Also public opinion is of paramount importance, and the courts and the government are accutely aware of them, which is why that computer guy who was searching for infomation about UFO's is still in the UK. Give Gordon Brown his due, he did put a lot of effort into resisting his extradition to the US.

Sweden doens't have an asymetrical treaty with the US, though it does have an extraditon treaty. But Sweden is a small country with a different social structure. This means that Sweden is far more likely to bow to pressure than a large country like the UK. Also the new rightwing Swedish government is highly supportive of the United States. So I think that Assange is far safer in the UK than in Sweden, after all here he has many influential, powerful and rich friends, in Sweden he'd be far more vulneralble and isolated.

This is why it's vital that he not be extradited on "trumped up" charges of "rape."

And don't imagine that the law functions perfectly in Sweden. It doesn't. For example the Swedish government has knowingly and illegally helped the Americans with these ghastly redition flights, transporting poor souls to and from countries where they've been tortured. The jets landed in Sweden for refueling and were protected from prying eyes by the Swedish secret service and the police, no questions asked. So it's not completely unthinkable that Assange could end up on one of those planes, and end up where exactly? Maybe he would simply vanish?

And finally what would stop the Swedes rushing a change of their laws through their parliament to allow for the speedy transfer of Assange to the United States?

Contrary to what most people think, Sweden, like most western states, is just another vassal.

writeon1's picture

Swatantra,

I don't understand how you can say that the revalations are uninteresting so far. Before the US and its vassals, could label everything a conspiracy, and say, where's your proof, it's just speculation; in relation to a whole raft of the Empire's crimes. Now, because of these leaks, everbody can see that not only were the stories and claims true, but things are actually far worse than most people suspected or realized, and the proof comes out of the mouths of the Americans themselves. How marvelously ironic.

For example, now we actually know that American deaths squads are opperating illegally inside Pakistan with the full knowledge and acceptance of Pakistani PM, who only wants the Americans to do their killing discretely so the government can lie plausible to Parliament and public opinion!

writeon1's picture

The reason the existance of American death squads was so secret wasn't just because of possible political repercussions inside Pakistan, but also because murdering people in a foreign country like this, is illegal under United States, international, and not surprisingly, Pakistani law. Some cynics might be tempted to label it international terrorism!

swatantra's picture

I have mixed views about the use of so called death squads and political assassinations. The world would be a safer place for example by the elimination of bin Laden and murderers of that type. Possibly Mugabe and other unsavoury dictators.
I wouldn't be shedding any tears over them. If Sadam Husein had been dispatched as soon as they'd got him I would have been pleased because thew would have been spared the farce of a show trial.
The only problem with that kind of policy is that you don't know if one dictator will be relplaced by an even worse dictator.
But we knew what the Americans were up to in their covert intelligence operations, so Wikileaks is not knew information. We know what Obama thought of Blair Brown etc, and we know that our allies the Saudis are a disgrace and should never be trusted, on principle.
And just incase yoou ask, we khave agood idea of what our MI6 and MI6 get up to to protect our citizens.

zsremrxc's picture

swatantra nandanwar
11 December 2010 at 14:55

Lets hope Assange has the guts to present himself before the Courts and park this issue once and for all and then get back to revealing some more *interesting* stuff than we've had so far. The allegations are a distraction.

writeon
11 December 2010 at 15:56

Swatantra,

I don't understand how you can say that the revalations are *uninteresting* so far.

wrighton... ??? you should get the spell checker working and try to read some more... LOL

Hans Castorp's picture

write on "For example, now we actually know that American deaths squads are opperating illegally inside Pakistan with the full knowledge and acceptance of Pakistani PM"

For goodness' sake. Anyone with a cursory interest in AfPak knew this anyway. Besides, it sounds eminently sensible to me.

Swatantra - I agree. Assange should face up to any case the US presents (if they have one to present). Ellsberg did not scurry away from responsibility for leaking the Pentagon Papers.

And his supporters should stop the tyrannically-minded practice of pretending that multiple allegations of sex crimes, which two independent jurisdictions have seen fit to act on, are without merit just because it fulfills their juvenile fantasies of persecution and conspiracy.

Sadly I think this is unrealistic. Even if Assange goes down for molestation etc, there will still be many who bleat self-righteously in his favour. If only Bradley Manning, who is in the same position as Assange for ACTUALLY LEAKING THE DOCUMENTS, got a tenth of the angsty support that is afforded to Assange, a glorified middleman and peddler.

triedeinsursE's picture

I bet writeon is dumb enough to think the SAS is not in Pakistan doing the same thing. Those "death squads" are Special Forces doing what Special Forces do best. Get behind the lines and cut their throats.

south pacific's picture

I viewed the clip about the US helicopter gunship killing innocent people at a square in Bagdad on Wiki Leaks.

Only a fool would think that this is not relevant.

Why are the powers to be so infuriated by the info on Wiki Leaks?

Because they can no longer feed BS to the masses.

Viva Wiki Leaks and stuff the powers to be and the establishment.

south pacific's picture

@ Hans Castorp

It's people like you that write drivel and give humanity a bad name.

My advice, stick your head down the toilet and flush it. I may clear your head.

PromRM's picture

@Hans Castorp,
Why should Assange face any charges brought against him by the US. He is not a US citizen and has broken no law. The original act of stealing the documents is the only crime (though a noble one). Based on this logic then every newspaper who has published the details would also be open to charges. In many cases politicians themselves leak to the media- any organisation publishing such leaks should face legal action. Do you actually believe this is a good thing?
Some of us call this strange access to information...'democracy'. It is an interesting concept- try it sometime.

traynrosen's picture

This is terrible! We need more people's Help solving the crimes by studying criminal justice search the web for "United Forensic College"

Dave C's picture

Query? If the US wanted to extradite him, would he be better off in Sweden than in the UK?

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