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United Kingdom The Courts

UK Court Denies Bid To Extradite Assange To the US (mercurynews.com) 151

A British court has ruled that Julian Assange can't be extradited to the United States on espionage charges unless U.S. authorities guarantee he won't get the death penalty, giving the WikiLeaks founder a partial victory in his long legal battle over the site's publication of classified American documents. From a report: Two High Court judges said they would grant Assange a new appeal unless U.S. authorities give further assurances within three weeks about what will happen to him. The ruling means the legal saga, which has dragged on for more than a decade, will continue -- and Assange will remain inside London's high-security Belmarsh Prison, where he has spent the last five years. Judges Victoria Sharp and Jeremy Johnson said the U.S. must guarantee that Assange, who is Australian, "is afforded the same First Amendment protections as a United States citizen, and that the death penalty is not imposed."
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UK Court Denies Bid To Extradite Assange To the US

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  • What crime (Score:2, Interesting)

    has he committed?
    • Re:What crime (Score:5, Informative)

      by Kokuyo ( 549451 ) on Wednesday March 27, 2024 @12:38PM (#64348975) Journal

      That is the question. His detractors say he actually instigated Manning to deliver to him secret data. And that would make him an accomplice to espionage and would remove his protection as a journalist.

      If Manning had gotten the data and given it to Assange without the latter having a hand in any of it to that point, that would be a different matter.

      That is my take on it.

    • Doing actual journalism.
    • by ceoyoyo ( 59147 )

      The US indictment. Or one of them anyway:

      https://int.nyt.com/data/docum... [nyt.com]

    • has he committed?

      He embarrassed the USA by exposing all sorts of things. Eg the video of US air crew shooting down Iraqi civilians [theguardian.com] -- none of the air crew have been prosecuted - which is hippocritical.

      This is very much a case of shooting the messenger.

  • by Jerrry ( 43027 ) on Wednesday March 27, 2024 @12:27PM (#64348939)

    Under what legal theory can Assange, a non-U.S. citizen, be prosecuted for "crimes" that he didn't commit in the U.S.?

    • Re: (Score:3, Insightful)

      We have more guns than everyone else.
      • It is too bad our government is so irresponsible with this privilege.
        • Is it the government or is the people the elect the government?
          • It is the government. The people havent had a real say in decades. Those who count votes have the final say. They are not the people, they are the (various) governments).
            • by ceoyoyo ( 59147 )

              Those who count votes in most democracies are the people. Around here they tend to be retirees because they have the time to volunteer. US federal elections are run by the states and I think the actual mechanics can even vary at the local level, but it looks like it's mostly also regular people who sign up to do it.

              The US has a quaint presidential election system where those votes don't necessarily matter, although in modern times they are used to select from a pool of actual voters who are appointed mostly

      • We have more guns - so everyone else doesn't have to, and counts on Uncle Sugar to keep them safe. I guess you are now surprised that there is some minimal cost for that.

        • Is there a way to opt out of this protection racket?

          • Is there a way to opt out of this protection racket?

            Sure. Declare strict neutrality, and pay for your own defense.

        • And other countries help out with facilitating US.Troops and equipment, transport of those, medical facilities over the globe....that all counts for nothing?

          If you think your military is spending a lot already (and you would be right about that, but that is another discussion), imagine how much it would be if your military needed to pay for all of those facilities. Rammstein is a great example. How bad would it be for troops overseas, if those facilities there wouldn't be readily available anymore? Suddenly

      • We have more guns than everyone else.

        It's not even that so much as "Do as we say or we cut off trade/investment/loans/grants".

        America may be in decline, but it still has a lot of influence, money-wise.

        • We have more guns than everyone else.

          It's not even that so much as "Do as we say or we cut off trade/investment/loans/grants".

          America may be in decline, but it still has a lot of influence, money-wise.

          First world problems: we have all the guns, money, and influence but our country is "in decline" because the price of chicken nuggets is up this week and someone has purple hair.

          • First world problems: we have all the guns, money, and influence but our country is "in decline" because the price of chicken nuggets is up this week and someone has purple hair.

            In case you haven't been to a grocery store, car dealership, realtor, college bursar, etc lately, the price of pretty much everything is up. Maybe you're making so much money that you hadn't noticed.

      • Do you?
        Forgive my question, but the U.S.A. has been fighting many wars over the years all over the world. Citing costs as a reason, they hardly ship back any of the weaponry that was used in those wars. But not being shipped back doesn't mean the actual weaponry is out of existence.

        Youtube is lately filling up my 'next to view'-videos with youtubers from the U.S.A. showing and using their guns for some reason, so I am quite sure your claim will be close to the truth. Still, weapons tend to last quite a long

    • by Computershack ( 1143409 ) on Wednesday March 27, 2024 @12:48PM (#64349001)

      Under what legal theory can Assange, a non-U.S. citizen, be prosecuted for "crimes" that he didn't commit in the U.S.?

      The legal principle is that you cannot direct harm from another state however something has to be an offence in both nations. He isn't being prosecuted in the UK, he's been held as a result of an extradition request. He was prosecuted and served time for jumping bail but continued to be held because of the extradition request and how much of a flight risk he posed.

    • The UK and US have an extradition treaty. IANAL but the general guideline, as I understand it, is that if the UK agrees that what Assange is accused of is a crime under UK law, the UK may send him to the US to be prosecuted for that crime.

      In the extreme case: If you were to take out a contract for a hitman to kill someone on US soil, you better believe someone's going to try to extradite you whether or not you happened to be in the US at the time you took out the contract.

      • by Baron_Yam ( 643147 ) on Wednesday March 27, 2024 @01:15PM (#64349069)

        Canada won't extradite to the US if the death penalty is on the table either. There are limits to the extradition treaties.

        • by mrthoughtful ( 466814 ) on Wednesday March 27, 2024 @01:39PM (#64349143) Journal
          As there should be. State murder is still murder - it sets an appalling example. Most educated people have seen the powerful arguments against the death penalty - the most important of which is that the judicial system - in any country - is fallible. While this is the case, sentences should always be somewhat reversible. Since the US govt. does not have the ability to bring corpses back to life, capital punishment should not be allowed. Completely separately, the UDHR - basically authored by the USA, recognises each person’s right to life. Capital punishment revokes that universal right.
          • by test321 ( 8891681 ) on Wednesday March 27, 2024 @02:54PM (#64349337)

            Just as a complement, to me the most important argument is that it isn't necessary. It is sometimes necessary to kill during intervention to protect the life of innocents, but when someone reaches Court, there isn't a necessity anymore. The main goal of justice, which is to protect society (the main goal isn't to punish), can be accomplished by the less drastic solution of very long jail time, and government power should always use the solution of minimum intervention that still solves the issue.

            The argument was made by Montesquieu ("every punishment which does not arise from absolute necessity is tyrannical") and brought to fame against death penalty by Beccaria when defining the 3 guiding principles of penal law: principle of legality, necessity, and proportionality.

          • To me the most compelling argument is a corollary to your point. Because death is final and courts are fallible, we in the US bend over backwards allowing all sorts of extra appeals and judicial processes to reduce the likelihood that we kill someone who is an innocent. Aside from the point that we still execute innocents even with that big extra helping of court procedure, the fact is that the extra procedure costs the state so much to carry out that it is cheaper to lock them up for life with no possibili

    • by Njovich ( 553857 )

      that he didn't commit in the U.S.?

      According to the charges, he helped hack into an American system. If there are effects to a country for a crime, that country may very well consider themselves to have jurisdiction. The whole thing is such nonsense anyway, like he is not an American, why should he be held to keep US state secrets? This should have ended with Manning being found guilty. So he helped crack a hash? And he is effectively being imprisoned for this for a decade now?

      • That's why it's called an extradition request, not an extradition order.

        Extradition orders have historically been delivered by the US military; just ask Manuel Noriega and Saddam Hussein.

    • by mysidia ( 191772 )

      Under what legal theory can Assange, a non-U.S. citizen, be prosecuted for "crimes" that he didn't commit in the U.S.?

      The indictment said conspiracy to violate sections of the Computer Fraud and Abuse act.

      The crimes happened in the US, and Assange allegedly committed acts advancing the crime that happened in the US as a conspirator.

      A conspirator can be physically located ANYWHERE, and you're still subject to extradition -- as Long as that type of conspiracy would also be a crime in the country they were lo

    • Under what legal theory can Assange, a non-U.S. citizen, be prosecuted for "crimes" that he didn't commit in the U.S.?

      How can the state of Texas prosecute Pornhub, a Canadian company registered in Luxembourg. First day on the Internet?

      • by ceoyoyo ( 59147 )

        They can't. They CAN prosecute any part of Pornhub that enters Texas, or maybe other states in the US. Lol, Pornhub enters Texas.

        The US can't prosecute Assange while he's in the UK either. That's why they've asked the Brits to pretty please put him in handcuffs, toss him on an airplane and send him there.

    • Under what legal theory can Assange, a non-U.S. citizen, be prosecuted for "crimes" that he didn't commit in the U.S.?

      The crime and victim are US based. Not being a citizen doesn't make you immune from laws. Not being in the country is precisely the reason extradition treaties exist, and there are rules and processes in place for this.

      This is all well understood legal theory. The question of legal jurisdiction isn't even up for debate here. That has already been passed and found to be valid by courts in both countries. Now it's down to procedure.

  • Wtf made the editors think this is a denial? This is a pretty standard requirement even when extradition is granted.

  • by Opportunist ( 166417 ) on Wednesday March 27, 2024 @01:17PM (#64349071)

    Is it illegal in the UK to spy on the US?

    If not, what exact reason would there be to extradite him? Even the accusation is rubbish.

    • You've been hamming up on your Snowden.
      The dark secret is that, while it's illegal for the USA to spy on it's own citizens, the UK spy centres are outside of US jurisdiction. Meanwhile, while there are likewise some restrictions on what UK intelligence can look into of its own citizens, the US is outside of UK jurisdiction. So - hey.. You give me what you've got, and I'll give you what I have.
      This has been going on for decades: A brilliant means of gaining any information on anyone at any time without n
    • by mysidia ( 191772 )

      If not, what exact reason would there be to extradite him?

      Criminal conspiracy to hack a government system.

      It's similar to the thing overseas malware authors can be charged with due to the actions of their software.

      Specifically from the indictment [justice.gov]:

      15. Beginning on or about March 2, 2010, and continuing thereafter until on or about March 10, 2010, the exact date being unknown to the Grand Jury, both dates being approximate and inclusive, in an offense begun and committed outside of the jurisdiction of any pa

    • Probably the reasons in this treaty between the UK and USA
      https://assets.publishing.serv... [service.gov.uk]

    • Is it illegal in the UK to spy on the US?

      Yes. Espionage is illegal in the UK.
      (although, of course... the Government is allowed to do it.)

    • Is it illegal in the UK to spy on the US?

      The laws do not specify specifically on who needs to be spied on. The act is illegal in both countries.

      Even the accusation is rubbish.

      Two courts, including appeal courts in two different countries disagree with you and have found the accusation perfectly valid and grounds present to grant extradition. Your ignorance of the law does not set a legal precedent in the system.

  • I would have expected the basis of any extradition from a country without capital punishment would only ever agree to extradite to a country with capital punishment on the basis that the capital punishment option was ruled out. Countries like the UK that are morally opposed to capital punishment cannot possibly hand someone over with a chance of the death penalty being imposed would give implied support for capital punishment.
    • Yes, it is standard. This really is non-news, except for the fact it involves Julian Assange.

      • This really is non-news

        What's weird is that it is represented as a win for Assange, when it actually foreshadows a win for the US. It sounds like they're ready to rule for the US, they just need the formal assurance.

        The US absolutely does not ever seek the death penalty for this sort of crime, the US courts wouldn't even allow that if they tried. It's in the law in case it happens during a major (WWII-level) war.

    • Of course not. The UK upholds (mostly) the universal declaration of human rights, and that includes the inalienable right to live. Though give it another couple of years and the UK will give all of that up - just like the UK government have abrograted the right to have a nationality.
  • The US Federal Government has only executed 16 people since 1963 [wikipedia.org], and all them committed murder. The last federal execution that did not involve murder was Julius and Ethel Rosenberg in 1953 for stealing and selling nuclear secrets (and much more) to the USSR. There was only one other set of executions by the US for espionage and sabotage, which was for the roles six men played in the Nazi's Operation Pastorius [wikipedia.org] during WW2.

    In other words, in the modern era, people have only been executed by the US Federal Go

    • by mysidia ( 191772 )

      There's absolutely no way Assange would get the death penalty even if found totally guilty.

      Sure.. however it's still a legal objection they could raise to the extradition, and the court Likely still has to address it as a matter of formality. The death penalty is still on the books in the US, and the country handing him over doesn't necessarily know what the full set of charges will be - just the charges giving rise to the request for extradition

    • by ceoyoyo ( 59147 )

      Well, officially and publicly anyway.

      https://en.wikipedia.org/wiki/... [wikipedia.org]

      https://www.ncbi.nlm.nih.gov/p... [nih.gov]

    • you don't know that. All of them were convicted of murder. Given the accuracy of the judicial system outs a stretch to say for sure they all did commit murder. And that is the core problem with execution. Judicial systems are flawed, but execution is final.

  • I would love to see a legal expert explain if "New York Times Co. v. United States" applies to the Assange case and if not, why not.

    • It does apply, in the sense that there has never been any suggestion that he would, should or could be charged with publishing secret documents. Nor, really, any suggestion that he should have offered the documents up for review to some censorship body before publishing them.

      The US charges involve conspiracy to steal secret documents, and accessory to stealing secret documents. If he had sat back and waited for the documents to come to him, and then published them, as the New York Times did, he'd probably

    • I would love to see a legal expert explain if "New York Times Co. v. United States" applies to the Assange case and if not, why not.

      Assange is not being charged with anything even remotely related to speech or publishing. Free speech argument is not only not important, it's completely off topic. Your right to free speech does not grant you immunity from charges of gaining unauthorised entry to a computer, or espionage.

  • Dollars to donuts his legal limbo has been intentional all along.
  • I don't see why we can't treat him with all the dignity of any lower class American citizen, like a black or Hispanic person. And he's well connected, so it's not like someone with good lawyers would get the death penalty.
  • It is now several years ago that he was charged with sexual assault in Sweden (a woman agreed to have sex with him wearing a condom, he decided that this gave him permission to have sex without a condom).

    He flew to the UK. Then behaviour he could be arrested and extradited to Sweden, he fled to the Ecuadorian embassy where he holed up for a few years. At some point he was asked to leave, and promptly arrested for breaking his bail conditions. Sweden dropped their charges, so now the only extradition requ
  • Would be nice for all US officials guilty of the war crimes shown in the videos go be tried first, then we worry about the whistleblower doing the right thing instead of trying to make up false allegations of sexual misconduct to lessen support for him.
  • by bsdetector101 ( 6345122 ) on Thursday March 28, 2024 @05:55AM (#64350691)
    Why should a death penalty be considered for Julian Assange when no U.S. hacker/leaker has ever been given the death penalty. Mass murderers don't even get the death penalty !

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