Wikileaks founder Assange loses appeal against extradition to Sweden

[midas]

7 December: First Interview With Julian Assange on Swedish television to speak of the Swedish allegations and the case. Interview with Malou von Sivers on Swedish Television channel TV4 is aired. Julian Assange did the interview on 4 December, the day before the High Court appeal judgement.

http://www.youtube.com/watch?feature=player_embedded&v=MeSZugpDZmM

http://www.youtube.com/watch?feature=player_embedded&v=FR85_Ml2d1U

[midas]

19 December 2011: The Supreme Court consideration of the appeal has been rushed forward. Initially it was thought that the panel of judges wold be convened six weeks from 5 December 2011. But extraordinarily so close to Christmas, three Supreme Court justices have agreed to judge the appeal application and a decision will likely be taken that same day (19 December 2011). One source has observed "The timing of the Supreme Court decision - announced as sometime between 19 and 25 December - a bit suspect as this could mean that extradition takes place while the UK Parliament is in Christmas recess. In that eventuality it might miss the scrutiny by the Home Secretary on Human Rights Act 1998 grounds that it should have."

[midas]

Application for Permission to Appeal

Julian Assange v Swedish Judicial Authority

16 December 2011

The UK Supreme Court has today considered an application by Julian Assange for permission to appeal to the Court, following the Divisional Court's certification of a point of law of general public importance.

A panel of three Supreme Court Justices - Lord Hope, Lord Mance and Lord Dyson - has considered the written submissions of the parties; this is the Court's usual practice for considering applications for permission to appeal.

The Supreme Court has granted permission to appeal and a hearing has been scheduled for two days, beginning on 1 February 2012.

The Court has decided that seven Justices will hear the appeal given the great public importance of the issue raised, which is whether a prosecutor is a judicial authority.

Details of the Justices who will hear the case and the timings of the hearing will be published in the new year.

[midas]

I would rather not have to step into this discussion, however, the issue is about a legally questionable liaison in Sweden. Has there been any evidence presented in the British extradition hearing to show that it is a political plan to have him sent to the US? If not, I am inclined to think that such discussions are conspiratorial and off-topic.

what about this new evidence uncovered by the Sydney Morning Herald ....

" Newly released Department of Foreign Affairs documents show that on December 7 last year ( 2010 ) , the Australian embassy in Washington confirmed the US Justice Department was conducting an ''active and vigorous inquiry into whether Julian Assange can be charged under US law, most likely the 1917 Espionage Act''.

Australian diplomats called on the Assistant Attorney-General for National Security, David Kris, to request ''advance warning of any public announcement of the results of US investigations or proposed actions''. Mr Kris replied he would take that ''reasonable'' request ''up the line''."

http://www.smh.com.au/technology/technology-news/us-targets-wikileaks-like-no-other-organisation-20111202-1obeo.html

Edited December 16, 2011 by metisdead
30) Do not modify someone else's post in your quoted reply, either with font or color changes, added emoticons, or altered wording.

[Ulysses G.]

What is new about that? He deserves to be charged with Espionage and it is no secret that the US was considering it. However, that has nothing to do with the sex charges in Sweden.

Edited December 16, 2011 by Ulysses G.

[Scott]

This particular thread is about the extradition to Sweden for sexual offenses. If and whether he is charged with other crimes by the US is an interesting but separate issue.

[MikeyIdea]

What is new about that? He deserves to be charged with Espionage and it is no secret that the US was considering it. However, that has nothing to do with the sex charges in Sweden.

+1

[Wallaby]

I don't like Assange one bit. He is FOS, pretending to be about "openess" while being ultra secretive about himself. His reckless massive release of documents put lives in danger. On top of that, he plain looks like a creep. That said, my gut feeling is that this case is BS. Sounds more like "hell hath no fury like a woman (women) scorned" than anything else. BUT, he should return to Sweden to face the charges. Otherwise he just looks more and more guilty. Sweden isn't known for "kangaroo courts" and he should get treated fairly. And any talk about Sweden being controlled by the Pentagon or CIA is just ignorance.

Face what charges? He hasn't been charged with anything. Sweden does indeed tend toward a kangaroo court because once he is charged and in custody he cannot apply for bail (I don't know that as a fact but that is the report) and also the trial is in secret. So it may well be a kangaroo court but no one would know.

What annoys me most about this case is the lack of support from the Oz Govt. Here we have a man that hasn't been charged with anything and Gillard has already pronounced him guilty (even though Federal Police later said he hasn't broken any Aus law). But Gillard then goes out of her way to assist that brat who pleaded guilty to drugs in Bali. Just rankles me that the person pleading guilty gets the PM to plead his case with the PM of Indonesia but a guy that isn't charged with anything gets the cold shoulder.

Unfortunately, instead of this being a judicial matter it is a political matter.

[GentlemanJim]

What is new about that? He deserves to be charged with Espionage and it is no secret that the US was considering it. However, that has nothing to do with the sex charges in Sweden.

+1

How in heavens sake can he be charged with espionage? That is plain bloody stupid. This guy has done exactly what journalists do, in fact the reason so many journo's are upset is that they didn't get the scoop of the century. Exactly which lives did he put in danger? None, he has just reported it, journo's have been doing that in wars for the last 300 years. The people that potentially put lives in danger are the wreckless politicians and commanders who are making calls to engage people in a war zone when the situation is outside the legal rules of engagement. Stop looking for the easy scapegoat and jail the people making the illegal decisions. As for any fallout due to diplomats telling the real 'truths' of their supposed allies well if you are not prepared to defend it and stick to it then don't write it ! Otherwise one day it will all end in tears. I think Assange on a personal level has some very undesirable character traits but to declare him a spy over this case is nonsense.

The subject may well be nothing to do with the sex case on the surface but sadly in an intriguing yet dispicable kind of way the two cases are without doubt very much inter-linked and those who don't believe that need to take a reality check.

[chuckd]

What is new about that? He deserves to be charged with Espionage and it is no secret that the US was considering it. However, that has nothing to do with the sex charges in Sweden.

+1

How in heavens sake can he be charged with espionage? That is plain bloody stupid. This guy has done exactly what journalists do, in fact the reason so many journo's are upset is that they didn't get the scoop of the century. Exactly which lives did he put in danger? None, he has just reported it, journo's have been doing that in wars for the last 300 years. The people that potentially put lives in danger are the wreckless politicians and commanders who are making calls to engage people in a war zone when the situation is outside the legal rules of engagement. Stop looking for the easy scapegoat and jail the people making the illegal decisions. As for any fallout due to diplomats telling the real 'truths' of their supposed allies well if you are not prepared to defend it and stick to it then don't write it ! Otherwise one day it will all end in tears. I think Assange on a personal level has some very undesirable character traits but to declare him a spy over this case is nonsense.

The subject may well be nothing to do with the sex case on the surface but sadly in an intriguing yet dispicable kind of way the two cases are without doubt very much inter-linked and those who don't believe that need to take a reality check.

Please inform us exactly how the two cases are inter-linked. No speculation or conspiracy theory is applicable. What are the facts?

As to Assange being charged with espionage, following is a link to 18 U.S.C. § 793 : US Code - Section 793: Gathering, transmitting or losing defense information. I can see several possibilities for charges to be brought.

http://codes.lp.findlaw.com/uscode/18/I/37/793

[Wallaby]

What is new about that? He deserves to be charged with Espionage and it is no secret that the US was considering it. However, that has nothing to do with the sex charges in Sweden.

+1

How in heavens sake can he be charged with espionage? That is plain bloody stupid. This guy has done exactly what journalists do, in fact the reason so many journo's are upset is that they didn't get the scoop of the century. Exactly which lives did he put in danger? None, he has just reported it, journo's have been doing that in wars for the last 300 years. The people that potentially put lives in danger are the wreckless politicians and commanders who are making calls to engage people in a war zone when the situation is outside the legal rules of engagement. Stop looking for the easy scapegoat and jail the people making the illegal decisions. As for any fallout due to diplomats telling the real 'truths' of their supposed allies well if you are not prepared to defend it and stick to it then don't write it ! Otherwise one day it will all end in tears. I think Assange on a personal level has some very undesirable character traits but to declare him a spy over this case is nonsense.

The subject may well be nothing to do with the sex case on the surface but sadly in an intriguing yet dispicable kind of way the two cases are without doubt very much inter-linked and those who don't believe that need to take a reality check.

Agree, it could well be all intertwined. I too have no idea how he can be charged with espionage, he didn't steel anything he just reported it. Of course Manning will be in serious trouble though as far as I know he hasn't even been charged yet (though that may have changed recently). Crazy how he is still stuck in the big house and not been charged yet people are baying for Assange to be crucified. If he goes for espionage then the editors of all the newspapers that reported it should be charged as well.

Pandora's box is ajar.

[Wallaby]

There is quite an interesting commentary on how things may or may not pan out here.

http://www.abc.net.au/pm/content/2010/s3095264.htm

[GentlemanJim]

What is new about that? He deserves to be charged with Espionage and it is no secret that the US was considering it. However, that has nothing to do with the sex charges in Sweden.

+1

How in heavens sake can he be charged with espionage? That is plain bloody stupid. This guy has done exactly what journalists do, in fact the reason so many journo's are upset is that they didn't get the scoop of the century. Exactly which lives did he put in danger? None, he has just reported it, journo's have been doing that in wars for the last 300 years. The people that potentially put lives in danger are the wreckless politicians and commanders who are making calls to engage people in a war zone when the situation is outside the legal rules of engagement. Stop looking for the easy scapegoat and jail the people making the illegal decisions. As for any fallout due to diplomats telling the real 'truths' of their supposed allies well if you are not prepared to defend it and stick to it then don't write it ! Otherwise one day it will all end in tears. I think Assange on a personal level has some very undesirable character traits but to declare him a spy over this case is nonsense.

The subject may well be nothing to do with the sex case on the surface but sadly in an intriguing yet dispicable kind of way the two cases are without doubt very much inter-linked and those who don't believe that need to take a reality check.

Please inform us exactly how the two cases are inter-linked. No speculation or conspiracy theory is applicable. What are the facts?

As to Assange being charged with espionage, following is a link to 18 U.S.C. § 793 : US Code - Section 793: Gathering, transmitting or losing defense information. I can see several possibilities for charges to be brought.

http://codes.lp.find...ode/18/I/37/793

chukd

The fact is there are very few facts to support the threat of charges in either case are there really. The US have egg on their face because of a ridiculously lax security system and Bradley Manning seems to be the one who should bear the brunt of any espionage charges. Assange is a scapegoat to make people higher up the food chain feel better in that what he did will distract from their culpable negligence should they find a way for charges be brought. The situation in Sweden is so ludicrous it is a complete blight on the UK judiciary that Assange is currently at Her Majesty's pleasure. What does amaze me is that it is not only in N Korea we see evidence of brainwashing going on. Here is a man that has exposed people within the US government as being dishonest, deceitful and failing in their pledge to uphold the constitution, and when they cry wolf, people such as yourself actually agree with them and join the lynch mob. If agreeing with the Government is done through some misplaced consideration that it is patriotic, then you need remember it is just that, misplaced. A true patriot would hold the Government both responsible and accountable when their actions are against the interest of the American people and their constitution. Assange did not place US lives in danger, however he exposed the names of those that did.

Wallaby

Thanks for the link it is as you say an interesting commentary.

[Ulysses G.]

Assange did not place US lives in danger

Of course he did and intelligence sources as well, but first he must face the sex charges in Sweden.

[GentlemanJim]

Assange did not place US lives in danger

Of course he did and intelligence sources as well, but first he must face the sex charges in Sweden.

No he did not! The people that potentially put lives in danger are the wreckless politicians and commanders who were making calls to engage people in a war zone when the situation was outside the legal rules of engagement. Assange is a reporter, not a particularly good one, but in this case, regardless of magnitude of information, he did what reporters do...report, ...First Amendment.

The issue that needs to be solved is how did a Private get unlimited access to these documents and how was he able to down load them without being caught, or at least noticed. If Assange is extradited to the US then I assume there will be quite a few journo's from the Guardian newspaper accompanying him.

Edited December 20, 2011 by GentlemanJim

[Ulysses G.]

He is certainly no "journalist". After he faces justice in Sweden, it will likely be up to the U.S. Military Justice System to decide what Assange is guilty of and how he has to pay for his crimes.

Edited December 20, 2011 by Ulysses G.

[geriatrickid]

The charges against Mr. Assange in respect to the alleged sexual assault are serious and merit the attention of the Swedish judicial system. If Mr. Assange is not guilty of the charges, I have confidence in the Swedish courts to clear him of the charges. In the meantime, he must face those charges. The fact of the matter is that Mr. Assange did a runner and fought like the dickens not to have to answer in a Swedish court.

[chuckd]

How in heavens sake can he be charged with espionage? That is plain bloody stupid. This guy has done exactly what journalists do, in fact the reason so many journo's are upset is that they didn't get the scoop of the century. Exactly which lives did he put in danger? None, he has just reported it, journo's have been doing that in wars for the last 300 years. The people that potentially put lives in danger are the wreckless politicians and commanders who are making calls to engage people in a war zone when the situation is outside the legal rules of engagement. Stop looking for the easy scapegoat and jail the people making the illegal decisions. As for any fallout due to diplomats telling the real 'truths' of their supposed allies well if you are not prepared to defend it and stick to it then don't write it ! Otherwise one day it will all end in tears. I think Assange on a personal level has some very undesirable character traits but to declare him a spy over this case is nonsense.

The subject may well be nothing to do with the sex case on the surface but sadly in an intriguing yet dispicable kind of way the two cases are without doubt very much inter-linked and those who don't believe that need to take a reality check.

Agree, it could well be all intertwined. I too have no idea how he can be charged with espionage, he didn't steel anything he just reported it. Of course Manning will be in serious trouble though as far as I know he hasn't even been charged yet (though that may have changed recently). Crazy how he is still stuck in the big house and not been charged yet people are baying for Assange to be crucified. If he goes for espionage then the editors of all the newspapers that reported it should be charged as well.

Pandora's box is ajar.

Not really. Once the classified data is in the public domain, there is very little likelihood any publishers would be in jeopardy. Only the person placing it in the public domain would seem to be in danger of indictment, as well as the individual possibly committing treason by being the source of the classified documents.

One thing to remember is Bradley is a member of the US military and is subject to the Uniform Code of Military Justice, which has an entirely different set of judicial rules. He is going through the pretrial process now and word is the investigators have discovered a link to Assange within Bradley's computer. His defense is also claiming he was suffering from "gender" identity and blaming all his superiors for not responding to his plea for help and, supposedly, discharge. It is known as the Klinger defense. He was working in a classified assignment with a classified security clearance and violated the trust put in him by the US military. He should have never been entrusted with a clearance since his mental makeup seems to have not been up to the task.

As far as Assange and Bradley putting others in harms way, it is entirely likely some assets have been compromised and their lives made less than comfortable as a result of the decisions to release their names. I do think some will probably die as a result but we may never know about it. The sad thing is both Bradley and Assange probably won't lose any sleep over their death if it should happen.

Assange is not a reporter or correspondent, even though the correspondents association of Australia has given him membership. He is not entitled to freedom of speech in Australia, since speech is not protected under Australian law.

First and foremost he is a computer hacker.

[GentlemanJim]

The charges against Mr. Assange in respect to the alleged sexual assault are serious and merit the attention of the Swedish judicial system. If Mr. Assange is not guilty of the charges, I have confidence in the Swedish courts to clear him of the charges. In the meantime, he must face those charges. The fact of the matter is that Mr. Assange did a runner and fought like the dickens not to have to answer in a Swedish court.

Agreed, the whole issue of charges is very serious, but I think serious for others rather than Assange.

If you take a moment to read from para 3 page 3 through to the end, you will see why the Swedish public prosecutor had no wish to pursue any form of legal action against Assange, All serious indeed.

Moment of Truth

Also remember he did not do a runner from a Swedish Court and there is no reason to extradite anyone anywhere for police questioning only, indeed in almost any other case of a similar instance the Swedish police would have the right to travel to the UK to question Assange in order to further their investigations. What has been going on here is quite unbelievable.

[koheesti]

Assange is not a journalist. A journalist gathers information, writes a story and changes names if someone could possibly be in any danger. Assange received information (emails, cables, etc), didn't write a story, didn't edit any names, just released thousands of sensitive documents to the entire world. He didn't even bother reading them all to know what he had.

[Wallaby]

Assange did not place US lives in danger

Of course he did and intelligence sources as well, but first he must face the sex charges in Sweden.

Would you kindly advise what sex charges he must face in Sweden?

[Ulysses G.]

The ones that he is refusing to go to Sweden and answer questions about.

[Wallaby]

The charges against Mr. Assange in respect to the alleged sexual assault are serious and merit the attention of the Swedish judicial system. If Mr. Assange is not guilty of the charges, I have confidence in the Swedish courts to clear him of the charges. In the meantime, he must face those charges. The fact of the matter is that Mr. Assange did a runner and fought like the dickens not to have to answer in a Swedish court.

Again, please advise what charges Assange must face in Sweden. Not guilty of what exactly? From what court in Sweden did he fight like the dickens to avoid.

I would like some clarification as to what charges and court he is running from.

[koheesti]

The charges against Mr. Assange in respect to the alleged sexual assault are serious and merit the attention of the Swedish judicial system. If Mr. Assange is not guilty of the charges, I have confidence in the Swedish courts to clear him of the charges. In the meantime, he must face those charges. The fact of the matter is that Mr. Assange did a runner and fought like the dickens not to have to answer in a Swedish court.

Again, please advise what charges Assange must face in Sweden. Not guilty of what exactly? From what court in Sweden did he fight like the dickens to avoid.

I would like some clarification as to what charges and court he is running from.

If he isn't charged with anything, hasn't done anything wrong - WHY do the Swedish authorities want him? Why does Assange need lawyers to "protect" him from Sweden? WHY can't Assange just travel wherever he wants?

[Wallaby]

Not really. Once the classified data is in the public domain, there is very little likelihood any publishers would be in jeopardy. Only the person placing it in the public domain would seem to be in danger of indictment, as well as the individual possibly committing treason by being the source of the classified documents.

One thing to remember is Bradley is a member of the US military and is subject to the Uniform Code of Military Justice, which has an entirely different set of judicial rules. He is going through the pretrial process now and word is the investigators have discovered a link to Assange within Bradley's computer. His defense is also claiming he was suffering from "gender" identity and blaming all his superiors for not responding to his plea for help and, supposedly, discharge. It is known as the Klinger defense. He was working in a classified assignment with a classified security clearance and violated the trust put in him by the US military. He should have never been entrusted with a clearance since his mental makeup seems to have not been up to the task.

As far as Assange and Bradley putting others in harms way, it is entirely likely some assets have been compromised and their lives made less than comfortable as a result of the decisions to release their names. I do think some will probably die as a result but we may never know about it. The sad thing is both Bradley and Assange probably won't lose any sleep over their death if it should happen.

Assange is not a reporter or correspondent, even though the correspondents association of Australia has given him membership. He is not entitled to freedom of speech in Australia, since speech is not protected under Australian law.

First and foremost he is a computer hacker.

I would think it most likely there would be a link between Bradley and Assange, that is only reasonable considering Bradley gave Assange the information. The question is whether Assange coerced him into giving the information. That, I think will be the crux of the matter as to whether Assange can be charged. Bradley, anyway you look at it is going down big time but in my view they will wait it out, pressure him, offer him deals to get him to implicate Assange, but that is only my thoughts on what they are doing. I have those thoughts because a lot of people seem to already have Assange as guilty so they must also have Bradley as guilty and he should have been charged and faced military court by now. Surely they have enough evidence on him.

As for putting people in harms way, I believe most people in a position to comment in the US have stated no one has been compromised because of those leaks. My own thoughts are that I believe they probably have been and I'm surprised at the comments in the US against that.

It has already been determined in Australia that Assange is covered as a journalist. It has already been determined that Assange has not broken any Aus laws. Strangely this was determined just after our PM spoke out that he is guilty. So much for proof or innocent until proven guilty. I hope Assange isn't holding his breath for assistance from the govt even though they jumped in and spoke to the PM in Indonesia on behalf of a boy who pleaded guilty to buying drugs in Bali lately.

Freedom of speech in oz is not protected under the constitution. However, In 1992 the highest court in Aust determined we have an implied freedom of speech. We are also signatories to Treaties that provide for that right.

Assange's fine of $2,100 for hacking is of no relevence to current matters he is facing.

[Wallaby]

The charges against Mr. Assange in respect to the alleged sexual assault are serious and merit the attention of the Swedish judicial system. If Mr. Assange is not guilty of the charges, I have confidence in the Swedish courts to clear him of the charges. In the meantime, he must face those charges. The fact of the matter is that Mr. Assange did a runner and fought like the dickens not to have to answer in a Swedish court.

Again, please advise what charges Assange must face in Sweden. Not guilty of what exactly? From what court in Sweden did he fight like the dickens to avoid.

I would like some clarification as to what charges and court he is running from.

If he isn't charged with anything, hasn't done anything wrong - WHY do the Swedish authorities want him? Why does Assange need lawyers to "protect" him from Sweden? WHY can't Assange just travel wherever he wants?

You are asking the same questions his lawyers want answered. Sweden issued a warrant for Assange to return to Sweden for questioning. He has not been charged with anything.

Edited December 20, 2011 by Wallaby

[Wallaby]

The ones that he is refusing to go to Sweden and answer questions about.

I hope you don't mind if I don't take your word for it. Please tell me what charges?

a link to anything showing he has been charged.

Again, the warrant is for questioning over allegations. No charges have been laid.

[Ulysses G.]

As for putting people in harms way, I believe most people in a position to comment in the US have stated no one has been compromised because of those leaks.

That is incorrect. Plenty of people in a position to know have said that a number of sources have been compromised.

[Ulysses G.]

The ones that he is refusing to go to Sweden and answer questions about.

I hope you don't mind if I don't take your word for it. Please tell me what charges?

a link to anything showing he has been charged.

Again, the warrant is for questioning over allegations. No charges have been laid.

Why the senseless spin? Everyone knows that he is fighting extradition to Sweden to avoid answering questions about sex crimes that he has been accused of committing.

Edited December 20, 2011 by Ulysses G.

[Wallaby]

The ones that he is refusing to go to Sweden and answer questions about.

I hope you don't mind if I don't take your word for it. Please tell me what charges?

a link to anything showing he has been charged.

Again, the warrant is for questioning over allegations. No charges have been laid.

Why the senseless spin? Everyone knows that he is fighting extradition to Sweden to avoid answering questions about sex crimes that he has been accused of committing.

Not senseless spin, just FACT. You said he was avoiding the charges in Sweden. Simply wrong.

Yes everyone knows he is avoiding going to Sweden to answer questions. Questions he has said he will answer in the UK. Not sure what difference it would make where he is when he answers questions.

So the charges you say he is avoiding is not actually right is it.