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Wikileaks' Assange Begins Extradition Battle

arisvega writes "Wikileaks founder Julian Assange has begun his court battle against extradition from the UK to Sweden. He faces allegations of sexual assault against two women, which he denies. Mr Assange, 39, argues Swedish prosecutors had no right to issue a warrant for his arrest because he has not yet been charged with any offences. At the extradition hearing, in London's Belmarsh Magistrates' Court, his lawyers are also challenging the move on human rights grounds. Mr Assange's legal team, led by Geoffrey Robertson QC, argues that if their client is forced to return to Sweden he could be extradited to the US, or even Guantanamo Bay, to face separate charges relating to the publication of secret documents by Wikileaks."

81 of 479 comments (clear)

  1. What does this say... by MightyYar · · Score: 5, Insightful

    or even Guantanamo Bay

    I think this line alone is a commentary on both the hyperbole used by his lawyers and the sad state of the US reputation in Europe.

    --
    W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    1. Re:What does this say... by spun · · Score: 5, Interesting

      Why do you think it is that ridiculous that someone might think the US would send an enemy to Guantanamo?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    2. Re:What does this say... by gstoddart · · Score: 5, Insightful

      I think this line alone is a commentary on both the hyperbole used by his lawyers and the sad state of the US reputation in Europe.

      ORLY? When the Wall Street Journal is saying that he should be tried under the Espionage Act ... I don't think Guantanamo is exactly a big huge stretch to imagine.

      Maybe that reputation is based on things like the CIA kidnapping people in foreign countries to be whisked away to "unofficial" places?

      --
      Lost at C:>. Found at C.
    3. Re:What does this say... by FriendlyLurker · · Score: 2

      Related to the MIC, Guantanamo and Wikileaks being an enemy of the state: the relevant leaked "cablegate" Embassy Cables are even being read out to Congress now: http://www.youtube.com/watch?v=OfF7FUlhg4o

    4. Re:What does this say... by c0d3g33k · · Score: 5, Interesting

      I'd say that the existence of the Guantanamo Bay facility (set up outside U.S. soil to avoid the law) and the fact that people can arbitrarily be sent there to rot for years without trial speaks volumes about the current commitment of the United States Government to the ideals on which it was founded. In my youth the place to be feared was the Soviet Gulag. Now people fear Guantanamo Bay. I weep for what the government that represents this country has become, and am sad that my father (Vietnam vet) and his father (WW2 vet and survivor of the Bataan Death March) fought in vain for a government that has no respect for the ideas that brought it into existence. What the hell happened?

    5. Re:What does this say... by Lord+Byron+II · · Score: 5, Insightful

      I want to know why Obama hasn't closed the damn place yet. One of the major reasons I voted democratic in the last presidential election was to put an end to this sort of thing.

    6. Re:What does this say... by c0d3g33k · · Score: 5, Insightful

      Agreed. The obvious answer is that there is some massive resistance from within the government bureaucracy that is making it a difficult task. Or he learned something after taking office and getting "commander-in-chief" security clearance that changed his mind. I'm inclined to think that it's just the former.

    7. Re:What does this say... by Luckyo · · Score: 2

      There are multiple precedences where people were kidnapped from Europe and sent to both Guantanamo and Egypt/etc for torture and "vanishing".

      It was called "extraordinary rendition".

    8. Re:What does this say... by Nadaka · · Score: 3, Insightful

      Agreed. The obvious answer is that there is some massive resistance from within the government bureaucracy that is making it a difficult task. Or he learned something after taking office and getting "commander-in-chief" security clearance that changed his mind. I'm inclined to think that it's just the former.

      Option 3: He was always a devious snake and never intended to live up to his campaign promises, just like every other politician.

    9. Re:What does this say... by Wrath0fb0b · · Score: 5, Informative

      I want to know why Obama hasn't closed the damn place yet. One of the major reasons I voted democratic in the last presidential election was to put an end to this sort of thing.

      Because Obama is not the dictator of the United States but must faithfully execute[1] the laws passed by the Congress when they are within the power of Congress to regulate. As it happens, Congress has the explicit power to determine what happens to captures[2] during a time of war. So blaming Obama here is somewhat ridiculous as he is simply not in an office charged with

      So far, Congress has forbidden the Executive from moving detainees from Guantanamo[3,4] by huge supermajority votes (90-6 in the Senate, for instance). The actual statutory language[5] is quite clear (quoted below). So if you want Obama to close Gitmo then you are essentially asking him to ask in open defiance of the law.

      SEC. 1032. PROHIBITION ON THE USE OF FUNDS FOR THE TRANSFER OR RELEASE OF INDIVIDUALS DETAINED AT UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

      None of the funds authorized to be appropriated by this Act for fiscal year 2011 may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who--
      (1) is not a United States citizen or a member of the Armed Forces of the United States; and
      (2) is or was held on or after January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

      [1] Article II, Section 1.
      [2] Article I, Section 8.
      [3] http://www.nytimes.com/2009/05/21/us/politics/21detain.html?_r=1&pagewanted=all
      [4] http://www.nytimes.com/2009/12/23/us/politics/23gitmo.html
      [5] http://thomas.loc.gov/cgi-bin/query/D?c111:5:./temp/~c111aSU9NC::

    10. Re:What does this say... by Nadaka · · Score: 2

      You are forgetting the german citizen that was kidnapped in germany and sent to gitmo.

    11. Re:What does this say... by eln · · Score: 5, Insightful

      He made sort of a halfhearted attempt at it toward the beginning of his presidency, but dropped it after a huge public outcry about the possibility of moving any of the prisoners to facilities in the mainland US. It didn't help that very few Congresspeople wanted to openly support the idea of having terrorists (even suspected terrorists) housed in prisons in their districts.

      There was also a lot of fear about what would happen if some of these people were given fair trials and actually found innocent. It was felt even the possibility of such a thing was too politically dangerous to take chances with.

      It was one of the first of many examples of this president preferring to alienate his base in order to maintain the naive hope that he could bridge the political divide in this country.

    12. Re:What does this say... by HBI · · Score: 2

      An Australian citizen charged with espionage would be tried in a civilian court. He's not an enemy combatant.

      When he starts waving a cheap AKM copy and firing at US soldiers, then we'll re-evaluate.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    13. Re:What does this say... by clang_jangle · · Score: 2

      The power of the people has been usurped by government while the power of the government has been usurped by large corporate interests, that's what happened.

      --
      Caveat Utilitor
    14. Re:What does this say... by c0d3g33k · · Score: 3, Insightful

      Nah. That's too cliche. I've known enough people personally who actually *step up and try to make things better* - and fail to make everything better - to know that it's damned hard to change everything. If you really think that it's possible to promise massive political change and then actually make every promise come true (and anyone who doesn't is a devious snake), you're a deluded fool. The best that anyone can do, even at the level of POTUS, is to nudge things one way or the other and hope that some of it takes.

      If you think you can do better, then by all means step up and give it a go.

    15. Re:What does this say... by johanatan · · Score: 2, Informative

      Those 'ideals' you speak of do not apply to 'enemy combatants'. Why is it so hard for some people to understand the nature of war?

    16. Re:What does this say... by HBI · · Score: 5, Insightful

      I dislike the guy but I think he just realized the domestic political realities that caused Bush to open the camp at Gitmo in the first place. NIMBY is one big issue. No one wants a trial near them, or incarcerations of known Muslim enemy combatants near them. It's not like a camp full of Germans in WWII, these guys haven't given up the desire to fight us. So you put it in Castro's backyard. Another issue is Federal court jurisdiction and pesky lawyers trying to interpose civilian authority over a fundamentally military matter. So you stick it in a purely military reservation overseas. It's about as good a solution as can be arrived at.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    17. Re:What does this say... by harks · · Score: 2

      Numerous powerful US political figures and pundits have unashamedly called for his assassination. Fear of going to Guantanamo is not unreasonable. http://www.peopleokwithmurderingassange.com/

    18. Re:What does this say... by mcvos · · Score: 5, Insightful

      There was also a lot of fear about what would happen if some of these people were given fair trials and actually found innocent. It was felt even the possibility of such a thing was too politically dangerous to take chances with.

      They are being illegally imprisoned without trial because they might be found innocent? Justice in the US is truly dead.

    19. Re:What does this say... by 99BottlesOfBeerInMyF · · Score: 5, Insightful

      What truth? He engaged in espionage against the United States - that isn't in dispute.

      That is very much in dispute. Publishing leaked information that is a protected government secret is legal according to the courts, ala the Pentagon Papers. Unless there is some evidence that he conspired to help get those secrets in the first place, then he's probably in the clear according to US law, but in any case that is a huge point that IS in dispute, at best.

    20. Re:What does this say... by Will.Woodhull · · Score: 2

      Guantanamo has not been closed yet because the persons remaining there cannot be prosecuted successfully under USA law, because their rights were so badly abused when they were taken prisoner that even with conclusive evidence that they have killed USA citizens, they would have to be allowed to walk.

      Guantanamo is a legacy cesspool created by a total disregard for law, constitutional rights, and international rights before Obama came on the scene. We are going to be stuck with its stench for a long time... Or we could just let the remaining scum go, with the understanding that they will be devoting their lives to killing more USA citizens.

      --
      Will
    21. Re:What does this say... by spun · · Score: 2

      That is an outright lie. Guantanamo houses people who have done nothing worse than piss off their neighbors. "Yeah, you guys are looking for Saifiz Al Akbar? Uh, yeah, that's the goat-stealing bastard right over there. Well, his last name is Akbar, anyhow." There are plenty of cases of mistaken identity. There are plenty of cases of people being sent to Gitmo for political reasons. And Gitmo is not the worst possibility, one of the reasons we supported Mubarak for so long is that we kidnapped people we don't like and sent them to him to torture, in fact his vice president was also head torturer. The idea that we might send someone to gitmo for political reasons is only hyperbole if you do not know anything about the place or its history.

      http://en.wikipedia.org/wiki/Guantanamo_Bay_detention_camp
      http://en.wikipedia.org/wiki/List_of_Guant%C3%A1namo_Bay_detainees

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    22. Re:What does this say... by spun · · Score: 5, Insightful

      You are absolutely wrong. We sent people to gitmo with no evidence but a neighbor saying "Yeah, that's the guy." Maybe they didn't like him, maybe he had the same last name as a terrorist. Absolutely, without a doubt, there are innocent men in gitmo.

      http://en.wikipedia.org/wiki/List_of_Guant%C3%A1namo_Bay_detainees
      http://en.wikipedia.org/wiki/Guantanamo_Bay_detention_camp

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    23. Re:What does this say... by c0d3g33k · · Score: 2

      I think people understand the nature of war quite well. That's why they are concerned.

    24. Re:What does this say... by Will.Woodhull · · Score: 5, Insightful

      NIMBY is only a small part of it.

      The remaining prisoners at Gitmo were put there through unlawful means. Under USA law, if they were to be brought to a fair trial the judge would have to let them walk. The evidence is that badly tainted by fucked up procedures that it would not be admissible.

      Bush and Cheney could have done a final solution to these problematic prisoners while they were in office; do it under the cover of the emergency provisions they granted themselves, or just do it under cover: move all the prisoners to a detention barge in Guantanamo Bay and then do like the battleship Maine... oh so sorry, what could have caused that bang? But Bush and Cheney lacked the political guts to finish what they had started, and now we have a mess that is impossible to clean up.

      --
      Will
    25. Re:What does this say... by vertinox · · Score: 2

      ". The reason for Gitmo is that we are effectively capturing enemy combatants that we cannot properly give Geneva Convention protections to because they do not fight in uniform, nor do they have a sovereign entity that can guarantee punishment for their illegal activities or failing that, who will feel the need or desire to protect our own imprisoned troops in exchange for protection of their imprisoned troops."

      After WWII, German officers were hanged for not giving French and Soviet resistant fighters due process under the Geneva conventions. In their defense, the Germans said "They weren't wearing uniforms."

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    26. Re:What does this say... by Hatta · · Score: 5, Interesting

      So far, Congress has forbidden the Executive from moving detainees from Guantanamo[3,4] by huge supermajority votes (90-6 in the Senate, for instance). The actual statutory language[5] is quite clear (quoted below).

      The statutory language is quite clear. They have not prohibited the closure of Guantanamo. They have not prohibited Obama from moving detainees from Guantanamo. They have prohibited him from using budgeted funds to move detainees to the US.

      There are any number of ways to deal with this. First, you could just unlock the doors, shut off the lights, and walk away. This option is free! Alternatively, he could find other ways to fund the closure of Guantanamo. Set up a collection plate and I'll donate.

      --
      Give me Classic Slashdot or give me death!
    27. Re:What does this say... by Hope+Thelps · · Score: 3, Informative

      No one is calling Assange a terrorist or a combatant of any form

      No one? I thought a number of people had, including the US vice president.

      http://www.theaustralian.com.au/news/world/assange-a-high-tech-terrorist-biden/story-e6frg6so-1225973696881

      And didn't Sarah Palin say "He is an anti-American operative with blood on his hands. His past posting of classified documents revealed the identity of more than 100 Afghan sources to the Taliban. Why was he not pursued with the same urgency we pursue al Qaeda and Taliban leaders?"

      http://www.salon.com/news/politics/war_room/2010/11/29/palin_hunt_down_assange

      Okay, she doesn't represent the US government like Biden does but she's still "someone" and has a definite following amongst the US populace.

      --
      To summarise the summary of the summary: people are a problem. ~ h2g2
    28. Re:What does this say... by morgauxo · · Score: 3, Interesting

      The US possesses a pretty big desert that is nobody's back yard. It also possesses islands big enough for a penitentiary that are US soil and yet in nobody's back yard.

    29. Re:What does this say... by morgauxo · · Score: 5, Insightful

      First.... This was the case before he ever made the promises so it doesn't change the fact that it was all BS.

      Second... If we ever had a president that actually had balls he would address the people and say... I promised you A, you voted for me.. The ball currently lies with congresspeople B-Z, they told me to go to hell, now go tell them what you want.

      Of course anybody with that kind of balls would never make it that far in politics. What I don't get though is why don't they grow them once they become president? It's a dead end job anyway. Since when do former presidents go back into office in some other position? I guess I could see waiting until a second term but that is no guarantee to get re-elected. Wouldn't it be better to go down in a one term blaze of glory making huge waves then be just another 8 year pansy?

    30. Re:What does this say... by Belial6 · · Score: 2

      I hate to say it, and I haven't thought it out well, so pick apart at will, but one way out may be to make it as absolutly pleasent as is humanly possible. Don't let them go, but make it as posh as possible with people waiting on the prisoners hand and foot. After a short time, let them have visitors, and treat the visitors like honored guests. It will still be a cage, but it would be a lot harder for them to gain support for their mistreatment when that mistreatment ended with many years of finely decorated appartments, fine food from private chefs, nice comfortable clothing, access to the best media of their choice, hot tubs and massages.

      Crazy? Pointless? Won't work? Discuss...

    31. Re:What does this say... by cdrguru · · Score: 3, Informative

      Under the Geneva conventions enforced strictly, they should have been shot on the spot as non-uniformed combatants. POW status is only available to uniformed combatants. If you are trying to blend into the enemy civilian population you get shot, period.

      So the US didn't do that. Instead, we treated them as some kind of cross between a combatant and a criminal with neither status being correct or even really definable. So you can't prosecute them as criminals because they haven't really broken criminal laws. Certainly they haven't broken any laws in the places where they were captured. You might be able to make up some kind of justification for them being criminals because of "conspiracy" but it has pretty well been established so far that even that kind of a stretch isn't going to work.

      Treating them as a POW isn't going to work. The war isn't with Yemen or Afganistan or Islam. The war is with extremists that have linked a particularly vile form of Islam with the idea that they can reestablish the 12th century by fiat, explosives and death. There will never be a "winner" until they win because you can't really defeat a religion without wiping out all the adherents. If you can afford to take the really long view they are winning and are going to win in the end. It might take 200 years but they will eventually just out-populate the infidels. It is the way religions in the past have won wars and it works. Takes a really long time and uses up a lot of landscape and lives but it works.

      Turning these folks over to some state, somewhere hasn't proved to work - nobody really wants them. For most of them, their own country (Yemen) has denied them repatriation. So there is no "sending them home". They can either be kept in a secure location or they can be turned loose, probably only in the US considering nobody else seems to want them. Repeatedly, various groups in the US (like the US Congress) has said they are not wanted in the US under any circumstances, even confined to prisons.

      If there were any eligible islands, you might dump them there - but there are no truely remote islands anymore. You could give each one a handgun and put them down in Harlem and see how long they lasted. Probably not long, if there was any prior notice. I'm not sure there are any other options for these folks at all.

    32. Re:What does this say... by Subliminalbits · · Score: 2

      In order to have useful conversations with people who think the other way, lets at least make sure we understand their fears.

      There is the belief that everyone or very nearly everyone in Guantanamo is guilty, but there is the fear that war is not a conducive environment to gather and retain the same burden of proof as is required for a civil case. Any time this proves to be the case, the defendant will be acquitted regardless of their actual guilt. The fear is then that the people that we release incorrectly will then go back to attempting to kill our soldiers.

      This doesn't mean you're wrong, but when we feel strongly one way or the other over this, we tend to turn others position's into straw men. Thats unfortunately a counter productive tendency that humans find it very easy to engage in. I just want to try and keep it from happening here.

    33. Re:What does this say... by gknoy · · Score: 4, Insightful

      What about the people kidnapped from places in Europe, that are not battlefields, or arrested in the US?

    34. Re:What does this say... by Belial6 · · Score: 2

      No one is calling Assange a terrorist or a combatant of any form, legal or illegal.

      You would be wrong about thatwould be wrong about that. Examples from the horses mouth: http://www.house.gov/apps/list/hearing/ny03_king/kingsupportsprosecutionofwikileaks.html http://www.digitaljournal.com/article/301603

    35. Re:What does this say... by TheTurtlesMoves · · Score: 2

      You know. Perhaps some of them really *are* innocent.

      --
      The Grey Goo disaster happened 3 billion years ago. This rock is covered in self replicating machines!
    36. Re:What does this say... by DarthVain · · Score: 2

      A Canadian Citizen has been rotting in there for the past 8 years without a trial. He has since confessed to crimes, however it was a plea bargain to get released back to Canada. This reminds me of both the inquisitions, "hey just confess and we will stop torturing you!" and the line from Enemy at the Gates:

      "Threw my ass in prison. What were you doing in Germany, huh? Excuse me, says I, but it was comrade Stalin who sent me there. Don't bring our glorious leader
      into your treachery. Confess, spy bastard! Confess. And bang! Bang, bang, bang! Well, there wasn't a sickle, but there was a hammer. And bang.
      Knocked out all my teeth. That's right, boy. Have no illusions.That's the land of socialism and universal bliss for you."

      This is what that behavior gets you. He very well may be guilty, but lack of trust in a judiciary system places all of that into doubt.

       

    37. Re:What does this say... by dave420 · · Score: 2

      Nope. The Geneva Conventions apply to all prisoners. What rights (by which convention) they have is dependent upon whether they are adequately described by Article 4 of the Third Geneva Convention.

      Also, it's not "uniform" but openly-visible distinguishing feature made readily apparent before and during an attack. You know, the thing armies must have before opening fire on people engaged in an attack (due to terms of engagement).

    38. Re:What does this say... by jc42 · · Score: 2

      Why do you think it is that ridiculous that someone might think the US would send an enemy to Guantanamo?

      Even more to the point, the US has a reputation for sending people who aren't enemies to Guantanamo, and then not releasing them because they've become enemies.

      It's also worth pointing out that Julian Assange is widely considered (by Americans who are familiar with his story) a friend of the US. He's just not a friend of some of the US's political leaders.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
    39. Re:What does this say... by Kittenman · · Score: 2

      Tut. They are classed as "enemy combatants" but precious few have had a trial. Do you seriously believe that all of them in there are "enemy combatants" - the very term was invented by GWB to avoid some requirements of the Geneva convention. They deserve a trial. Some of them may well be murdering bastards that should be thrown into a dark place. Most may be religious fanatics. A few may be innocent - in the wrong place at the wrong time. Justice is the way to do it. Try them all. Sort them out.

      --
      "The greatest lesson in life is to know that even fools are right sometimes" - Winston Churchill
    40. Re:What does this say... by spun · · Score: 2

      What a stupid complaint. Do you know how wikipedia's history feature works? Can you click on hyperlinked references? Grow up and stop trying to poison the well. If you have a real issue with the information I link to, address that, not some imaginary problem with wikipedia. Dissing wikipedia doesn't advance your cause at all.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    41. Re:What does this say... by gstoddart · · Score: 3, Informative

      It's an op-ed by senator Dianne Feinstein in the Wall Street Journal. Please let's keep things intellectually honest.

      OK, how about the State Department, or 'diplomatic sources', or Homeland Security?

      If we want to be intellectually honest, let's remember that the op-ed piece I cited was basically one of the highest results from Google, and that numerous sources have identified that the US could, in fact, be pondering trying him under the Espionage Act or somesuch. It's not like I pulled the notion out of my ass.

      There's no shortage of sources saying they'd like to be able to do that. It was all over the news in December when the news first broke.

      --
      Lost at C:>. Found at C.
    42. Re:What does this say... by RobertM1968 · · Score: 2

      I want to know why Obama hasn't closed the damn place yet. One of the major reasons I voted democratic in the last presidential election was to put an end to this sort of thing.

      Because you were silly enough to believe that there really are two parties with different agendas and concerns? I gave up on believing that fantasy a long time ago... shortly after I found out that the tooth fairy wasn't real either. Actually, I'd say there's more evidence for the tooth fairy being real than there is evidence that the democratic and republican parties are much different when it comes to things of this nature. ;-)

    43. Re:What does this say... by Dorkmaster+Flek · · Score: 2

      "Akin" to espionage? Sorry, that doesn't cut it in a court of law. What laws has he broken exactly? He's a citizen of Australia, not the US. He didn't procure any of the information they released; it was given to him by concerned whistleblowers. We have public officials and mass media calling for his arrest, and even assassination in some cases, and yet nobody has said anything about what laws he's broken.

      --
      I like to think of online DRM as something akin to a college -- you pay for lessons until you learn something.
    44. Re:What does this say... by mikelieman · · Score: 2

      these guys haven't given up the desire to fight us.

      No one has proven that they had a desire to fight us in the first place. Due Process FTW!

      --
      Technology -- No Place For Wimps! Grateful Dead and Jerry Garcia Chatroom -- http://www.wemissjerry.org
    45. Re:What does this say... by Wrath0fb0b · · Score: 2

      The statutory language is quite clear. They have not prohibited the closure of Guantanamo. They have not prohibited Obama from moving detainees from Guantanamo. They have prohibited him from using budgeted funds to move detainees to the US.

      There are any number of ways to deal with this. First, you could just unlock the doors, shut off the lights, and walk away. This option is free! Alternatively, he could find other ways to fund the closure of Guantanamo. Set up a collection plate and I'll donate.

      Doesn't matter, no Executive personnel can do anything to further that end. They cannot shut off the lights or unlock the doors. They cannot take a US government airplane off the island. They cannot hire a contractor to move the good back to some storage facility on the mainland.

      The prohibition of funds to a particular end makes it unlawful for any employee of the US government to lift a single single finger towards that end.

      What's more, if you want to argue stilted legalism, then don't be shocked when some future President with whose policies you disagree uses the same sort of logic to implement policies contrary to the law. Bush was a master at this, it wasn't OK when he did it and it wouldn't be OK for Obama to do it.

    46. Re:What does this say... by jammer170 · · Score: 2

      Then perhaps he shouldn't have promised something he might not have been able to deliver. Either he is a liar or a naive fool. Neither is a quality we need in a President.

      --
      Remember, you can't look dignified when your having fun! Don't take life too seriously, you'll never get out of it alive
  2. Is it me by jerep · · Score: 4, Insightful

    Is it me or this guy gets all the attention that should instead be devoted to the leaks' content? I bet most people following assange' ascention to stardom don't even read wikileaks.

    1. Re:Is it me by decipher_saint · · Score: 3, Insightful

      It's the old song and dance

      "Hey look! A guy who started a website for SHARING SECRETS! Never mind the secrets over there..."

      --
      crazy dynamite monkey
    2. Re:Is it me by hedwards · · Score: 4, Insightful

      Which is the problem. They didn't have enough evidence to charge him when he was in the country, but then after he left they changed their mind. Considering that there originally wasn't enough evidence to justify having him in for questioning, I don't think that you can really assume that this is going to be a fair trial. At this point even if he is guilty, any guilty verdict is going to look politically motivated because the process has been so botched.

    3. Re:Is it me by artor3 · · Score: 4, Insightful

      The NY Times spent a few weeks going over the leaks' content, with the leaks as the front page story quite often. I suspect other respectable outlets did the same. The problem is more that most people get their news from cable TV, where real news always takes second billing to scandals, shootings, and abductions of pretty white girls.

      In fact, just to see how bad it was, I went over to CNN's website, where the title of this story is "Could Assange end up in Gitmo?" Typical of tabloid journalism, they take some outrageous and shocking headline, phrase it as a question (so that they can't be proven wrong), and rack up the page views. At least CNN gives the story a reasonably high booking. MSNBC is running with "Is Facebook the new Craigslist for hookers?" (there's that outrageous question again). And Fox's top story is "Did Google Exec Spark Egypt Revolt?" (yet another question, this time with an almost farcical suggestion).

    4. Re:Is it me by Anonymous Coward · · Score: 2, Informative

      Is it me or this guy gets all the attention that should instead be devoted to the leaks' content?

      It's just the US.

      Seriously, go read a major European paper. Bonus points if you read a language other than English. In Europe they are giving a lot more coverage to the leaks than you will find in the comparatively uber-conservative, pro-establishment New York Times.

    5. Re:Is it me by guspasho · · Score: 2

      Of course, because it's far easier to attack the individual. If you can discredit the individual you can discredit the cause.

    6. Re:Is it me by vertinox · · Score: 2

      "If you don't like the laws of the country don't visit it. Ignorance of the law is never innocence."

      The problem is that it seems the US believes the opposite is true. That if you commit an action on foreign soil that is legal there but illegal in the US, that you must come to the US and face trial even if you weren't a US citizen to begin with.

      At least that is what some politicians are calling for...

      --
      "I am the king of the Romans, and am superior to rules of grammar!"
      -Sigismund, Holy Roman Emperor (1368-1437)
    7. Re:Is it me by nosferatu1001 · · Score: 2

      Actually he cleared with tthe original prosecutor that it was ok to leave. So he did.

      ANother prosecutor, who does not have the legal authority in Sweden to issue an EAW, decided she wanted him back for questioning

      He offered to do so in a place convenient to himself, just not to travel to Sweden - which is fine.

      The Swedish case is *poor* beyond reckoning.

  3. Sweden and United Kingdom has similar laws by inpher · · Score: 3, Interesting
    Sweden has laws that are similar to those in the UK, so I see very little extra risk for Assange to be extradited to USA if he is transferred or travels to Sweden. I would think that staying in a NATO member (like UK) would be more of a risk. Extradition for Criminal Offences in Sweden:

    Extradition is permitted, provided that the act for which extradition is requested is equivalent to a crime that is punishable under Swedish law by imprisonment for at least one year. [...] Extradition may not be granted for military or political offences. Nor may extradition be granted if there is reason to fear that the person whose extradition is requested runs a risk - on account of his or her ethnic origins, membership of a particular social group or religious or political beliefs - of being subjected to persecution threatening his or her life or freedom, or is serious in some other respect. [...] Furthermore, nor may the person who is extradited be sentenced to death.

    1. Re:Sweden and United Kingdom has similar laws by 99BottlesOfBeerInMyF · · Score: 5, Interesting

      Sweden has laws that are similar to those in the UK, so I see very little extra risk for Assange to be extradited to USA if he is transferred or travels to Sweden.

      Factions of the Swedish government have been secretly and illegally collaborating with the United States intelligence agencies as exposed by Wikileaks itself. Thus, the laws on record may not be as important as you think. Second, politically speaking it would be difficult for the UK to ship a member of the commonwealth to the US under questionable legal circumstances, given the US's human rights record at the moment. The people that actually vote for the UK politicians would probably view that as just a little too close to home, as in making them afraid they too could be shipped away to be tortured. This would get the UK politicians kicked out of office.

      On the other hand, if the UK were to ship him to Sweden to face unrelated charges, then the Swedish were to extradite him (legally or illegally) then the UK politicians could claim they were duped and likely keep their jobs. Swedish politicians would be seen extraditing a foreigner messed up with intelligence agencies and potential criminal acts and again, probably keep their jobs.

      All of this is, of course, exceedingly unlikely, but that doesn't mean it is not possible. The argument that shipping him to Sweden could actually result in him being taken illegally by US intelligence, held outside the US, but by US agents, and denied basic human rights. This is the bed the US made and now we must sleep in it a while. There was no real risk in throwing the Guantanamo prisoners into our federal prisons and prosecuting them (aside from political risk). It was all part of the fear-mongering designed as electoral ploys. We threw away any pretense of honor and justice as principals of our government and now we are openly treated as treacherous and dishonorable and unable to be trusted to uphold even the most basic human rights according to treaties we helped write.

      Is Julian Assange taking advantage of the US's shitty world image? Most likely. Who's to blame for this? We are, for giving his lawyers so much ammunition.

    2. Re:Sweden and United Kingdom has similar laws by 99BottlesOfBeerInMyF · · Score: 2

      According to one of the leaked diplomatic cables, the US ambassador to Sweden stated that the Swedish government was helping to hide US surveillance of the Swedish citizens and that such surveillance was clearly against Swedish law as the courts would rule if it was discovered. The government officials overseeing those departments claim to have been duped by their subordinates who were secretly conspiring with the US. Here's a blurb from a wikileaks summary in the news:

      According to Swedish television SVT, a yet-to-be-released cable from the U.S. Embassy in Stockholm reveals that Swedish authorities have secretly cooperated with the U.S. government handing over information about Swedish citizens, who might be associated with terrorism. According to the report the Swedish authorities knew about American surveillance of Swedish citizens but were hiding it from the public. Michael M. Wood, U.S. Ambassador to Sweden, writes in the leaked cable that this cooperation would not pass a parliamentary hearing, and that it could be unconstitutional. Nevertheless, he recommended to stick with the secret practice. The Sweden Minister for Justice claims she has no knowledge of this type of cooperation.

    3. Re:Sweden and United Kingdom has similar laws by Anonymous Coward · · Score: 2, Interesting
  4. Guantanamo by kenrblan · · Score: 5, Insightful

    If the US were trying to extradite Assange to put him in Guantanamo, why would there be a need to wait on his appearance in Sweden. The UK is just as likely to allow that extradition as Sweden. His lawyers have come up with an excellent straw man.

    --
    Make everything as simple as possible, but not simpler. - Albert Einstein
    1. Re:Guantanamo by 91degrees · · Score: 2

      I have no idea how Assange's lawyers think this is going to work. They're presumably smart people who understand the law but the obvious counter to this is that the argument is completely beside the point since nobody is even talking about extradition to the US.

      My only guess is that they see the extradition to Sweden as inevitable (which seems odd), and want to make sure that the Swedish prosecutors throw in a load of unnecessary agreements not to extradite him to the US.

  5. Why be afraid of Sweden? by Bearhouse · · Score: 3, Informative

    Although I'm sadly perfectly prepared to believe that the two people in Sweden may have been 'encouraged' to make their claims, I'm not sure that Swedish extradition conditions are more defavourable to Assange than those of the UK. Remember this?

    http://en.wikipedia.org/wiki/NatWest_Three

    Assange does seem to have a point; if he is not (yet) subject to formal charges, why should he be forced to return to Sweden for questioning?

  6. Re:Hopefully he'll be extradited by Viol8 · · Score: 2, Insightful

    He's a hypocrite because he's quite happy to throw out private government files into the public domain but when it comes to details about himself he'd rather keep quiet about its a different story. Google about his current spat with The Guardian newspaper.

    He's someone who's obviously not prepared to eat your his dogfood and frankly to me he comes over as a petulant childish authority baiter who'll potentially risk people lives just so he can feel better about himself by sticking it to the man.

  7. Re:Hopefully he'll be extradited by hedwards · · Score: 2, Informative

    Hypocrite? If you're going to make that sort of insinuation you had better provide some sort of a citation. Assange is hardly a saint, but you really can't say that he hasn't towed the line and paid for his beliefs. He offered to come in for questioning while he was in Sweden and asked permission before he left. He's releasing leaks as he has the resources to, and those resources are harder and harder to get due to various dubious actions by money processors.

  8. So a computer geek walks into a bar ... by PolygamousRanchKid+ · · Score: 2, Interesting

    ... and some chick asks him what he does for a living. He answers, "I'm a computer geek." She replies, "Oh, wow, that turns me on! Go to the restroom and get some condoms, and then we'll go back to my place!" If any Slashdotter posted something like that, the responses would be, "Yeah, right, in your dreams!"

    So then three days later, he goes to another bar, and a different chick hits on him. The whole story seems quite apocryphal.

    If this story is true, it sounds like Assange must be as charming as George Clooney and must be a skilled martial artist with nunchucks, which he needs to beat back the women folk.

    I speculate that it went down like this:

    CIA boss: "This WikiLeaks guy has really shoved a weed up our ass. What can we do?"

    CIA lackey: "Oh, we have a pile of Hawaiian shellfish poison hidden in the cellar! If we prick him with a needle of that stuff, he will be dead before he hits the ground!"

    CIA boss: "Hmmm. That sounds too drastic, and would raise suspicions. Can't we deck him with a honey trap?"

    CIA lackey: "I'll call Stockholm."

    --
    Schroedinger's Brexit: The UK is both in and out of the EU at the same time!
    1. Re:So a computer geek walks into a bar ... by NoSig · · Score: 2

      Surely no women are attracted to a man being portrayed everywhere as singlehandedly taking on the corrupt and dastardly of the world, including nations like the US, and being successful at it while having an "up yours" attitude to these powerful forces.

  9. Re:Hopefully he'll be extradited by spun · · Score: 5, Insightful

    Wow. You really can't understand the difference between the secrets of a democratic government, and an individual citizen? How would releasing data about an individual help Wikileaks reach its stated goals?

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  10. Re:Eh by spun · · Score: 4, Insightful

    That is not the only thing we are doing to him, but yes, being held in solitary for long enough is definitely considered torture as it can lead to lasting psychological damage.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  11. Sarcasm? I hope? by way2trivial · · Score: 2

    http://en.wikipedia.org/wiki/Solitary_confinement
    Solitary confinement is a punishment or special form of imprisonment in which a prisoner is denied contact with any other persons, though often with the exception of members of prison staff. It is considered by some a form of psychological torture.[1] It is usually cited as an additional measure of protection from the criminal.

    It is also used as a form of protective custody and to implement a suicide watch.

    Solitary confinement is colloquially referred to in American English as the 'hole', 'lockdown', the 'SHU' (pronounced 'shoe') - an acronym for security housing unit, or the 'pound'; and in British English as the 'block' or the 'cooler'.[2][3]

    --
    every day http://en.wikipedia.org/wiki/Special:Random
  12. Indeed, G. Bush might have been arrested by Framboise · · Score: 3, Insightful

    The naive ex-president wanted to participate to a gala evening in Geneva, Switzerland, on Feb. 12th. Under the risk of being arrested for violation of international treaties about torture, his visit has been canceled today.

    The US media like to give as motive threats of protesters...

     

  13. Re:We can't extradite him because... by 99BottlesOfBeerInMyF · · Score: 4, Informative

    We can't extradite him because... then he might be extradited. Doesn't that indicate that the proper place for this argument would be any future extradition hearing in Sweden?

    No. One of the considerations of an extradition hearing is the human rights protected by the country to which he would be extradited. Many countries, for example, have the right to life enshrined in the legal system and so refuse to extradite anyone to a country where they might be executed (like the US) if the crime they are to be tried for could result in execution. They certainly don't leave it up to the courts in the other country to decide if that person is deserving of execution. Likewise, countries with a poor record of following their own laws or properly investigating may not be places where a country is willing to extradite people. Elements of the Swedish government have recently been discovered to have been illegally collaborating with US intelligence, thus bringing into doubt whether or not Mr. Assange's human rights would be adequately protected by the Swedish government.

    It is absolutely important for a government to look at the protections for human rights and state of the legal system in another country before deporting a person there. I mean would you like to be deported to a country to face possibly spurious charges when that country has a history of collaborating with other nations that make people magically and illegally vanish to secret prisons to be tortured? If it was your extradition trial wouldn't you want the government of the nation you're in to look at the potential of your human rights being thrown out the window by the legal processes of the other country?

  14. Re:News For Nerds by spun · · Score: 2

    Anarchism is not leftist. Libertarians are anarchists. Social anarchists tend to be left leaning, while individualist anarchists (frequently called "anarcho-capitalists") tend to hold more right wing views.

    Anarchism means "No Archons." Archons were tyrants in ancient Greece. Anarchism means "No tyrants" not "No government." Parse it out, "No government" would be Anocracy.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  15. Because by ThatsNotPudding · · Score: 3, Insightful

    I want to know why Obama hasn't closed the damn place yet.

    Because he's just George W. Bush with better speech-giving skills.

  16. US Human Rights Irony by DarthVain · · Score: 2

    I think it is great that someone is finally calling the US on human rights violations. I think it is ridiculous that the USA preaches to places like China and other human rights violators, while at the same time threatening to jail a journalist for printing information freely. Not to mention the whole no rule of law, torturing, and imprisonment without trial, etc...

    Do as I say, and not as I do!

  17. The US Constitution applies to the US government by roystgnr · · Score: 2

    And it doesn't have any "gotcha" clauses changing its effects on vs. off US soil.

    The reason the US Constitution doesn't always apply off US soil is the same reason why it doesn't always apply on US soil: it's just a piece of paper which doesn't enforce itself. And if you can phrase your excuses for contradicting it in ways people want to believe ("Liberals, the Commerce Clause means we get to buy everyone puppies!" "Conservatives, none of that due-process, no-torture stuff applies to terrifying foreigners!"), then you don't need to worry about anyone else enforcing it either.

  18. The right course of action by TiggertheMad · · Score: 2

    This is probably the real problem: The people in the military don't really want to let their catches go. I am guessing that the people in Gitmo are die-hard enemies of the US that simply cannot be charged with anything because of lack of evidence. Everyone knows that they are probably nasty characters, but there is no legal justification to hold them.

    It is sort of like arresting Al Cappone. You know you have someone who belongs behind bars, but the rules of the game say you cannot hang on to him without a conviction. Of course, they need to be released, simply for moral reasons, but this doesn't change the fact that the military people who grabbed them want to keep them out of circulation because they think it makes the world a safer place.

    The irony is that to make the world a BETTER place it, probably needs to be a less safe place. The right road isn't the easy road.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:The right course of action by Znork · · Score: 5, Insightful

      "I am guessing that the people in Gitmo are die-hard enemies of the US"

      Well, if they weren't when they were rendered, one can imagine that a decade of illegal imprisonment of even the most innocent man can probably make them a bit miffed.

      And even handing them a load of money as an apology might not be entirely optimal; some who might not find money of adequate value to replace ten years of life could end up donating the funds to terrorists...

      It's that age old problem. Once you start really screwing people over some of them can't seem to take a joke. So in trying to make the world 'safer', it ends up being both a worse and less safe world.

  19. The solution to the problem? by TiggertheMad · · Score: 2

    Because Obama is not the dictator of the United States but must faithfully execute[1] the laws passed by the Congress when they are within the power of Congress to regulate. As it happens, Congress has the explicit power to determine what happens to captures[2] during a time of war.

    You make an excellent point. The president has very few powers. But it brings up and interesting point of accountability: If the congress is responsible for holding prisoners at GitMo, couldn't they be individually charged with conspiring to unlawfully detain people? The director of the FBI (if he was inclined to) could close GitMo by sending FBI agents to scoop up all the members of congress who voted to keep GitMo open, since it would fall under federal jurisdiction to prosecute. They could probably be charged with a hole slew of charges designed to jail kidnappers and human traffickers.

    It would unleash and unholy shitstorm in DC for a good 6 months, but it would get GitMo closed.

    --

    HA! I just wasted some of your bandwidth with a frivolous sig!
    1. Re:The solution to the problem? by Blakey+Rat · · Score: 2

      I think the bigger problem is voters voting for an office based on powers that office doesn't have. I mean, one person on this thread explicitly voted for Obama so he would close Gitmo, ignoring the fact that it's neither his job, or even in his power, to do so.

  20. Re:We can't extradite him because... by spiralx · · Score: 2

    The legislature has already decided - it's for the courts to determine in each case whether those conditions apply or not. Which is what's happening here, UK law requires that extradition not occur if torture/the death penalty would be a likely outcome, the court will decide whether this is likely to be the case for Julian Assange, which is basically a) whether Sweden would extradite to the US, and b) whether he would face such a punishment in the US. Your point that they need to consider an infinite regress of extradition hot potato is just silly.