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Some Straight Talk On The Julian Assange Case


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2012 Aug 17, 3:30am   6,287 views  13 comments

by ohomen171   ➕follow (2)   💰tip   ignore  

The whole world watches with fascination as Julian Asdsange takes shelter in the Embassy of Ecuador in London. He has been granted political assylum. How this diplomatic or legal move plays out remains to be seen. It will set some precedents.

Assange claims that if he is returned to Sweden to face some low-level sexual misconduct case, he will be turned over to American authorities. He will , in his version of the future, find himself back in the US and facing the death penalty for treason.

There are several inconsistencies here. First he is in much more danger of being sent back to the USA from Britain. Britain has an express extradition treaty with the US. An American fugitive found in Britain can be sent back to the USA quickly. Britain also has a long tradition of inhibiting freedom of the press and media access to confidential government matters. For decades or centuries the British government has issued infamous "D Notices" stopping the press from reporting confidential government matters and mistakes. A leaker of secrets like Assange would find little or no sympathy with British officials.

Second would Britain allow Assange to be sent back to the USA to face the death penalty? The answer is no. In international law you have something called the Doctrine of Speciality that governs international extraditions. This is often employed by states without the death penalty to insure that wanted criminals sent back to a state with the death penalty are not subject to the death penalty. This doctrine also assures that one sent to another country to face charges only faces the charges int he extradition request and does not face other charges brought up late.

In the case of the US, treason is so difficult to prove that such a charge is rarely raised. Normally defendants are charged with espionage. The last execution for espionage in the US took place almost 60 years ago when the Rosenbergs were electrocuted in Sing Sing Prison.

Assuming that Assange was sent back to Sweden he would get a sentence in the range of 12-18 months. His sentence would be served at a humane prison.

Would the Swedes send Assange back to the US? I think not. The Swedes have a strong tradition of a free press and would not see what Assange did as a crime. I doubt that they would deport Assange back to Australia. The US could easily arrest him there and have him sent back to the USA. The Swedes most likely would send Assange to Ecuador where he has been granted political assylum.

How could Assange escape England? This is an interesting question. A helicopter could appear above the Embassy of Ecuador at midnight and Assange could climb a ladder onto the helicopter. The helicopter could then fly to a ship in international waters and lower him onto the ship. He would then sail to Ecuador.

In another scenario, a government of Ecuador plane could land at some British airport. Assange could be put into a crate that was declared a diplomatic pouch and sealed. Assange would then be driven tot the British airport and put on the Ecuadorian plane.

Assange is of little consequence to the British. They are worried that if he uses this tactic to evade justice some really serious terrorists and major organized crime figures will start to use this tactic to evade justice.

#crime

Comments 1 - 13 of 13        Search these comments

1   thomaswong.1986   2012 Aug 17, 4:56am  

cross post...

Assange most likely would be safer ( yes safer ) in US or UK custody.. than in Latin America.. if he goes to Ecuador.. he is a dead man.. they will hand him to the Russians within a week of arrival. The Russians will go to work on him and make Gitmo look like a vacation paradise!

Yes, Assange crossed the line.. not just ours!

2   MisdemeanorRebel   2012 Aug 17, 5:01am  

I don't know. I think Russia thinks he's more of a boon than a bane to them.

3   thomaswong.1986   2012 Aug 17, 5:16am  

Russian bear scratches once or twice from the pesky flees.. anymore times he gets angry.

4   MisdemeanorRebel   2012 Aug 17, 5:29am  

thomaswong.1986 says

Russian bear scratches once or twice from the pesky flees.. anymore times he gets angry.

You mean like Georgia? Man, the Bear didn't stand for any of ZBig's encirclement bullshit there.

5   San Diego Renter   2012 Aug 17, 6:21am  

Glenn Greenwald on CNN discussing this subject. From Dec 2010.

http://www.youtube.com/embed/TJgnJ_W_5zU&feature=related

6   ohomen171   2012 Aug 18, 1:26am  

All of your wonderful and informative responses are appreciated. I did research this topic well.

Assange's sex crimes in Sweden concern two women. In case 1 Assange allegedly assured his sex partner that he was going to use a condom when having sex with her. He then had sex with the woman without a condom. In case two Assange allegedly had sex with the woman a couple of times and they fell off to sleep. During the night Assange had sex with her again without her consent while she was sleeping.

Treason is very hard to prove in the US legal system. To the best of my knowledge only two treason cases have been brought in the 236 year history of the US.

Yes the US does not respect international law. If they really wanted Assange that bad, some FBI agents or Bureau of Diplomatic Security agents from the US Embassy in London would have grabbed him and put him on a military plane to New York or Washington, DC. In other words, they would have kidnapped him.

The data that Assange released was available to over one million US government military and civilian employees with secret security clearances. To get a secret security clearance all they do is run an NCIC check to make sure that you have no felony convictions or outstanding warrants. They also probably run you through a terrorist data base. This security clearance is easy to get. It would be hard to sell an espionage case to a US jury. It would also be hard to send Assange to Guantanimo Bay as world public opinion would villify the US.

Bradley Manning is being made a scapegoat for this whole thing. He is lucky to be in a military court and not in a civilian court. The military judges will give him a fair trial and a much lower sentence. The famous attorney F. Lee Bailey always said that if he was ever put on trial he wanted to be tried in a military court. (By the way he was a US Marine Corps JAG at one point in his career.)

7   lostand confused   2012 Aug 18, 1:36am  

ohomen171 says

Assange's sex crimes in Sweden concern two women. In case 1 Assange allegedly assured his sex partner that he was going to use a condom when having sex with her. He then had sex with the woman without a condom. In case two Assange allegedly had sex with the woman a couple of times and they fell off to sleep. During the night Assange had sex with her again without her consent while she was sleeping.

How is that rape? Did either of them say no?

8   ohomen171   2012 Aug 18, 2:00am  

no neither woman said no.

9   tatupu70   2012 Aug 18, 9:55am  

FortWayne says

That Sadam Hussein wasn't an American citizen, yet our government executed him, and we didn't even have a good reason.

Saddam Hussein was sentenced to death by an Iraqi court for killing 148 of his countrymen in 1982. He was executed by hanging per the courts order.

10   rdm   2012 Aug 18, 1:25pm  

ohomen171 says

no neither woman said no

Hard to say no when you're a sleep...

11   lostand confused   2012 Aug 18, 1:34pm  

rdm says

ohomen171 says



no neither woman said no


Hard to say no when you're a sleep...

So after multiple times, they go to sleep and he does it one more time and now that is rape-even if she did not say no-I mean are you saying she did not wake up the whole time? So if a spouse is asleep and the woman caresses the privates of a guy -she is guilty of rape?? Nope-only the men. I hear Swedish feminists are even more crazy than ours-if that is even possible.

I wouldn't be surprised if these two were somehow hired by the CIA or some such.

12   bdrasin   2012 Aug 18, 1:41pm  

rdm says

ohomen171 says

no neither woman said no

Hard to say no when you're a sleep...

Yeah, that's definitely a grey area. Obviously you don't want to make the law such that if a man's wife wakes him up with a BJ she puts herself at risk of jail, but in other situations it could be a violation of consent. I'm not sure how to deal with this without some subjectivity.

13   lostand confused   2012 Aug 18, 1:59pm  

bdrasin says

rdm says



ohomen171 says



no neither woman said no


Hard to say no when you're a sleep...


Yeah, that's definitely a grey area. Obviously you don't want to make the law such that if a man's wife wakes him up with a BJ she puts herself at risk of jail, but in other situations it could be a violation of consent. I'm not sure how to deal with this without some subjectivity.

Of course can't have women be affected by the draconian laws they have drafted. Throw as many men into jail-no problem. But Lord forbid one woman face the consequences of the laws that they championed for.

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