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Wikileaks Founder Faces Extradition; Shadows of US Intention Loom
Will Assange's case set precedent?
The first day of Julian Assange's appeal hearing has come to a close after his legal team made arguments against efforts to extradict the Wikileaks' founder to Sweden. Assange's Lawyer, Dinah Rose QC, argued that the European arrest warrant (EAW) issued against Assange is invalid. A Swedish prosecutor had requested the warrant, not a judge, which Rose is arguing delegitimizes the arrest. The two-day hearing will continue tomorrow as the Swedish prosecution is set to offer rebuttal.
Dissenter/FireDogLake has been providing updates throughout the day:
The European arrest warrant (EAW) system has been the focus of the hearing. The hearing opened with Dinah Rose QC of Assange’s legal team arguing, according to Alexi Mostrous, that European arrest warrants are “built on trust and a streamlining of such proceedings is to be balanced by protection of rights.” She went over European extradition law going all the way back to 1957. She cited a case before the European Court of Human Rights on whether a Swedish public prosecutor is “proper judicial authority.” And said that High Court judges nor Swedes have produced a definition of “judicial authority.”
Rose called the lower court’s ruling “inconsistent” with “judicial authority” and said it was obvious such authority must be independent of the executive and other parties. [...]
Should Assange lose the case, he will be extradited for trial in Sweden, where he will face not only a 'closed door' hearing, but also possible 'surrender' to the US. John Pilger provides additional analysis at the New Statesman:
"The Obama administration's determination to crush Assange is revealed in secret Australian government documents, released under Freedom of Information, which describe Washington's pursuit of WikiLeaks as "unprecedented"." -- John PilgerThe consequences, if [Assange] loses, lie not in Sweden but in the shadows cast by America’s descent into totalitarianism. In Sweden, he is at risk of being “temporarily surrendered” to the US, where his life has been threatened and he is accused of “aiding the enemy” with Bradley Manning, the young soldier accused of leaking evidence of US war crimes to WikiLeaks.
The connections between Manning and Assange have been concocted by a secret grand jury in Virginia that allowed no defence counsel or witnesses, and by a system of plea-bargaining that ensures a 90 per cent conviction rate. It is reminiscent of a Soviet show trial.
The Obama administration's determination to crush Assange is revealed in secret Australian government documents, released under Freedom of Information, which describe Washington's pursuit of WikiLeaks as "unprecedented". It is unprecedented because it subverts the First Amendment of the US constitution, which protects truth-tellers such as WikiLeaks. In 2008 Barack Obama said, "Government whistleblowers are part of a healthy democracy and must be protected from reprisal." Obama has since prosecuted twice as many whistleblowers as all previous US presidents.
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Back to London, The Guardian reports:
Assange was earlier greeted outside the UK's highest court by supporters playing protest songs and holding placards demanding his release from bail conditions. Inside a packed court 1, Assange listened and took notes as (Assange's lawyer, Dinah) Rose, argued that the formation of a European framework decision on crossborder extradition arrangements showed "decisions with serious implications for personal liberties should only be taken by independent judicial authorities".
She said: "The words 'judicial authority' can only be understood as meaning an independent judge or a person executing equivalent power."
She said that to include public prosecutors in the concept of what is a judicial authority was "contrary to a basic, fundamental principle of law".
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The Guardian has provided live updates throughout the day and will do so again tomorrow here.
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Sky News is providing a live stream of the hearing here.
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23 Comments so far
Show AllFurther, I for one have not forgotten the following. The Swedish law WRT sex relations Julian is suspected of violating is a world-wide laughing stock. All Swedish diplomats living in other parts of the world are immune from their nation's own intercourse farce. Swedes presently in the USA, unless they are married, had damn well better use condoms for each sex act. To prevent prosecution back home, the safest bet is a You-tube video.
Second, I don't believe any social scene serendipity was responsible for Julian meeting the two women who then had voluntary sex with him. There are too many red flags in the personal history of these women not to suspect they were honey pots for American alphabet spooks. Julian was SET UP. Its the oldest spy game in history.
Trylon
Once a jolly swagman camped by a billabong
Under the shade of a coolibah tree,
And he sang as he watched and waited till his billy boiled
"You'll come a-Waltzing Matilda, with me."
This is the world's best national anthem. If I ever get a chance to sing it for Julian Assange, I will sing my dual US and Canadian heart out - even if his countrymen don't. Julian's amazing technical achievement is second to his psychological strength and his composure under fire.
Trylon
You didn't know filming a slaughterhouse was a crime? Filming any agricultural activity is a crime in today's US. Laws in Idaho, Florida and Iowa and several others states:
"A person who photographs, video records, or otherwise produces images or pictorial records, digital or otherwise, at or of a farm or other property where legitimate agriculture operations are being conducted without the written consent of the owner, or an authorized representative of the owner, commits a felony of the first degree…”
and the same wording has been proposed in bills in many other states. All this to protect animal and migrant-worker abusers.
But the Feds have risen the stakes by claiming such filmers are terrorists. Yet it is OK for fed and state authorities to film us from drones.
Fukk this joke of a country.
http://freeassange.org/sign-petition
Certainly the US "justice" system grows more monstrous in our degraded era of late-empire.
But i appreciate John Pilger calling attention to two things that have been in place for a very long time: the Grand Jury system, and the plea-bargain system.
Plea-bargains are blatantly unconstitutional. They pretend to get around it by insisting that they are not actually bargaining with the accused.