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Julian Assange Wins High Court Victory in Case Against Extradition To US (theguardian.com) 111

Julian Assange has won a victory in his ongoing battle against extradition from the UK after judges at the high court in London granted him leave to appeal. From a report: Two judges deferred a decision in March on whether Assange, who is trying to avoid being prosecuted in the US on espionage charges relating to the publication of thousands of classified and diplomatic documents, could take his case to another appeal hearing. Assange had been granted permission to appeal only if the Biden administration was unable to provide the court with suitable assurances "that the applicant [Assange] is permitted to rely on the first amendment, that the applicant is not prejudiced at trial, including sentence, by reason of his nationality, that he is afforded the same first amendment [free speech] protections as a United States citizen, and that the death penalty is not imposed."

Legal argument on Monday focused on the issue of whether Assange would be allowed first amendment protections. Assange's team did not contest the assurance around the death penalty, accepting that it was an "unambiguous executive promise." Assange has been indicted on 17 espionage charges and one charge of computer misuse, exposing him to a maximum 175 years in prison, over his website's publication of a trove of classified US documents almost 15 years ago.

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Julian Assange Wins High Court Victory in Case Against Extradition To US

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  • by AmiMoJo ( 196126 ) on Monday May 20, 2024 @08:40AM (#64484739) Homepage Journal

    From TFA:

    âoethat the applicant [Assange] is permitted to rely on the first amendment, that the applicant is not prejudiced at trial, including sentence, by reason of his nationality, that he is afforded the same first amendment [free speech] protections as a United States citizen, and that the death penalty is not imposedâ.

    That seems significant as it affirms that, at least in this case, the First Amendment applies to foreigners acting outside of US territory.

    It needs to go further though. They should have guarantees not just about the death penalty, but about other penalties that would be illegal in the UK.

    • by Zak3056 ( 69287 )

      That seems significant as it affirms that, at least in this case, the First Amendment applies to foreigners acting outside of US territory.

      Are you seriously suggesting that what a British court says can dictate how American law is applied in American courts?

      • Re:1A (Score:5, Insightful)

        by AmiMoJo ( 196126 ) on Monday May 20, 2024 @09:13AM (#64484811) Homepage Journal

        Well, obviously it can, because the British court controls the fate of Assange. If the US cannot satisfy the British court that Assange will get a fair trial and not be mistreated, they won't hand him over.

          • Sorry for the unreadable link. Tag should be "Extraordinary Rendition"
            • by jd ( 1658 )

              If the US attempts to kidnap Assange from a British prison, the British might have rather more to say than a few cross words. There is an election coming up, and 52% of the population is convinced of Rule Britannia and absolute unequivocal sovereign rights.

              I'm not suggesting physical conflict, but it will enrage the nationalists and they're more than capable of stirring up trouble of some sort.

              It would also hand Trump an easy victory, which Biden won't want.

              No, nobody is going to seriously consider that, at

              • Nobody is going to seriously consider that at any point ever. Even Trump wouldn't go that far. It's a silly notion.
      • Under the terms of the extradition treaty, yes. If they don't, then people don't get extradited there.

      • by Rei ( 128717 )

        Yes, that's what extradition law is about. This isn't surrender as per a EAW. Extradition requires principles such as dual criminality, where what they're charged with has to be a crime in both the sending and receiving state, and speciality, where the subject can only be charged with the pre-agreed-upon list of charges. Extradition involves a high degree of sovereignty of the sending state, vs. EAW which is more like handing off a criminal in the US who fled across state lines.

      • Re:1A (Score:5, Informative)

        by Frobnicator ( 565869 ) on Monday May 20, 2024 @11:52AM (#64485243) Journal

        Are you seriously suggesting that what a British court says can dictate how American law is applied in American courts?

        That's the crux of the surviving argument, actually.

        Nations do exactly that all the time when it comes to extradition. These limits are the norm, not the exception. Normally the bounds are specified through international treaties and there's little debate over them beyond verifying the treaties will be followed. In this case it's sadly been shown to be highly likely the international treaties will be broken, so it qualifies for the extra reviews.

        In this case it happens to be an Australian man. While he was living and working outside of American territory and not subject to American laws, he broke American law, published documents critical of the government (including documentation of likely war crimes). Now the US wants to extradite him for violating laws he almost certainly wasn't subject to, with documented threats that he will be punished far more extreme than British law allows.

        If nations were different they would be automatically rejected. If we were talking about an American man accused of violating China's social policy laws forbidding people of speaking ill against the government, that the American had signed on to Chinese sites to download documentation about likely Chinese crimes against the Uyghur people going to reeducation camps, the US wouldn't even bother with hearings for extradition. If we were talking about an American accused of violating Russia's laws against speaking ill of their military, that the American had signed on to Russian sites to download information about likely Russian military war crimes, the US wouldn't even bother with hearings for extradition.

        When nations agree to extradition it is quite common for bounds to be placed on them, including limiting the crimes they can be prosecuted for. The nation may allow extradition explicitly for money laundering and at the same time explicitly forbid charges for political dissent or penalties beyond the limits for those crimes in their country of origin. So if an original country has a limit of 15 years of prison for a crime but the extraditing country has a 30 year limit, a condition of the extradition may be the maximum punishment may be no more than 15 years of prison.

        So yes, because of a pattern of abuses by the US government, it is both normal and appropriate for a court to dictate how a foreign law (in this case American law) will be applied to an extradited defendant (in this case an Australian national in an American court).

      • by sjames ( 1099 )

        Most countries insist on similar conditions when asked to extradite someone, if they don't just deny the extradition all together. That's a good thing. You wouldn't want to be extradited to Saudi Arabia for drinking beer, would you?

    • Re:1A (Score:5, Informative)

      by jd ( 1658 ) <imipak@NOsPam.yahoo.com> on Monday May 20, 2024 @09:39AM (#64484873) Homepage Journal

      Technically, that would be the literal reading of 1A. The Constitution governs the government, it doesn't impose any restrictions on who the government is acting on or where.

      The Constitution is NOT, and never has been, about the American people. It is about what the American people decided the government should be able to do.

      • Re:1A (Score:5, Insightful)

        by AmiMoJo ( 196126 ) on Monday May 20, 2024 @10:15AM (#64484971) Homepage Journal

        Indeed, but look at e.g. Guantanamo. Indefinite imprisonment without charge, torture, all done by a branch of the US government, on a US military base.

        One of Assange's concerns is that he would be rendered to such a place, with no legal rights.

        • You're high roading on this? Under what law is he being extradited? You're not supposed to extradite for political offenses or for political motives, and this is obviously for both political motives and political offenses. On one hand you're arguing the morality of holding him for years, and on the other you're arguing that morally you are protecting the man for a safe trial. What Assange did, is what journalists do. They tried the same arguments against Daniel Ellsberg and those writing articles about t

          • by AmiMoJo ( 196126 )

            For all the UK's faults, it doesn't extradite people when their human rights are at risk. So no death penalty, no torture. And we define torture a lot more broadly than the US does, e.g. it includes things like solitary confinement.

    • That's not significant. It's been taught in Constitutional Law 101 in the US for a century that the bill of rights says "no person" not "no citizen." and broadly applies to anyone. The Gitlow v. United States case also put individual states on the hook for the Bill of Rights protecting persons under state law too.
  • IINAL, but even with first amendment protections it would seem you could be found guilty of espionage and computer misuse. The crime would not be that you published teh information, but how you got it. I would guess the question to be did Assange conspire with Chelsea Manning and direct her to get information of interest and determine how to get into computer systems or did she do that on her own and just send info to Assange. It would seem that later is similar to the Pentagon Papers case; while the for
    • Is sending a text message enough to be considered to committing the crime in a country even if you are not physically there?

      When both countries have laws against the content/purpose of the text message, the answer is unambiguously yes. Even when only one country has a law against what was sent, the answer might still be yes. Any other answer would simply enable criminal activity by making it legal as long as it was routed through another country.

    • by AmiMoJo ( 196126 )

      Laws against espionage and computer misuse have to be balanced against free speech rights, otherwise the government can just store everything on a computer and label it protected to make whistleblowing and journalism impossible.

      • Laws against espionage and computer misuse have to be balanced against free speech rights, otherwise the government can just store everything on a computer and label it protected to make whistleblowing and journalism impossible.

        It is a tough balancing act; but I think it can be done. First Amendment protections are designed to prevent the government from exercising prior restraint, but are not a get out of jail free card for the results of your exercising your First Amendment right. To me, a journalist who publish information received by a tipster should be protected, even if the person providing the information committed a crime in obtaining it or sending it to the journalist; directing someone to get information risks crossing

        • by srg33 ( 1095679 )

          To me, a journalist who publish information received by a tipster should be protected, even if the person providing the information committed a crime in obtaining it or sending it to the journalist; directing someone to get information risks crossing the line into criminal conspiracy.

          Generally correct, but knowledge matters. If the journalist had (prior) knowledge that obtaining the info. required a crime then the journalist might be criminally liable (conspiracy, aiding & abetting, etc.???) even without actually directing.

  • The constitution is clear that the first amendment applies to all people, not just citizens.
    The prosecution is clear that this is not a first amendment issue, first amendment doesn't protect non-speech related crimes (or "crimes" depending on whether you think aiding the hacking of computer systems should be a crime).

    This is a hollow victory, more like a procedural delay.

    • The prosecution is clear that this is not a first amendment issue, first amendment doesn't protect non-speech related crimes

      Please explain how this is not a first amendment issue when the information was only sought so that it could be disseminated in a way that informed and educated. Use words small enough that we can believe that you understand them.

      • The first amendment protects what you say, it says nothing about how you acquire information. He's not being prosecuted for the things he said, he's being prosecuted for the acquisition of information. Specifically for aiding the exfiltration of the information.

        If there was prosecution about what was said / shared (an actual first amendment information) we'd be talking about all of Wikileaks along with several news outlets, but we're not.

      • The Fourth Amendment demands a warrant be issued, backed by Oath or affirmation, to establish a legal paper trail for reasonable search and seizure. Without a pre-established warrant, it is harder to argue that it was not unreasonable search and seizure.
    • The defence may not be so clear about it not being a 1st amendment issue, and may wish that to be considered in court.

    • Re: (Score:2, Informative)

      by DesScorp ( 410532 )

      The constitution is clear that the first amendment applies to all people, not just citizens.

      In what part of the Constitution does it specify that it applies to non-citizens? The very preamble lays out that the whole purpose is for the benefit of American citizens:

      secure the Blessings of Liberty to ourselves and our Posterity

      Nothing in that implies that Constitutional protections are for outsiders. Further, numerous sections of the Constitution make it clear that rights are citizenship based, especially in Article IV ("The Citizens of each state shall...")

      • Re:Pointless. (Score:4, Informative)

        by thegarbz ( 1787294 ) on Monday May 20, 2024 @11:24AM (#64485151)

        In what part of the Constitution does it specify that it applies to non-citizens?

        False interpretation. Put it on its head, in what part of the constitution does it specify that it applies to citizens? I didn't say only citizens. I said "citizens" at all. The First amendment is not about you, it's about the government. It doesn't grant you any rights, it restricts the right of the government and doesn't discriminate those rights between citizens and non-citizens (or in fact even use those words).

        secure the Blessings of Liberty to ourselves and our Posterity

        You need to go back to civics school. "Ourselves" isn't citizens, but rather the rights of all people in the country subject to governing.

        • secure the Blessings of Liberty to ourselves and our Posterity

          You need to go back to civics school. "Ourselves" isn't citizens, but rather the rights of all people in the country subject to governing.

          The 14th Amendment makes it pretty clear that rights, how they're recognized and enforced under the law, are from beginning to end based on status of citizenship:

          All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.

          It then goes on to clearly state that citizenship is the hinge upon which legal protection and enforcement hangs:

          No State shall make or enforce any law which shall abridge the privileg

          • by dryeo ( 100693 )

            So all the government has to do is pass a law nullifying your citizenship and you have no rights?

          • The 14th Amendment makes it pretty clear

            The 14th Amendment makes it pretty clear that it doesn't cover the 1st Amendment, since the 1st amendment isn't a privilege or immunity of anyone or anything, but, and let me repeat this for the really fucking slow people in class: A restriction on what the *government* can do, not a right granted to the people.

            We're talking about the 1st. Please pay attention.

    • You say it's clear, but there seem to be all sorts of excuses and get outs that have applied historically.

      You know things like defining people as not people so the constitution didn't apply, or whatever fucked excuses they used to justify torture and indefinite detention at gitmo, and so on.

      The prosecution might be arguing against the first amendment, but you know that's their job to show he's guilty of a crime. Whether he is allowed to argue that he's not guilty because of the first is up to the judge to d

      • You say it's clear, but there seem to be all sorts of excuses and get outs that have applied historically.

        Not there isn't, because ... *sigh* again, the 1st Amendment is not about people. It is about government who governs them. The exceptions carved out against people are incredibly narrow and successfully have been only restricted to people who are not governed by the united states government. I.e. the only time the 1st has been excluded from a non-citizen is if that citizen entered the country illegally. This is well established in case law.

        The prosecution might be arguing against the first amendment, but you know that's their job to show he's guilty of a crime.

        No it's not. The prosecution's job currently is to show he's accused

        • Not there isn't, because ... *sigh* again, the 1st Amendment is not about people. It is about government who governs them.

          This is literally the case with every amendment. They are meant to be restrictions on what the government can do to people.

          The exceptions carved out against people are incredibly narrow and successfully have been only restricted to people who are not governed by the united states government

          Apart from not being that narrow, this is something of a problem for Assange given he's not governe

  • by hdyoung ( 5182939 ) on Monday May 20, 2024 @09:42AM (#64484885)
    I say this as a proud US citizen. I love my country and I think we’ve got a model worth emulating. I loathe Assange. He’s declared himself an enemy of the US, he knowingly colluded with Russia to meddle in our elections while supressing info that made the kremlin look bad, and he’s just an all-around mentally unstable prick who’s made a string of colossally bad choices and judgements. He didn’t just cross the line between journalism and espionage. He barreled past it at 100kph and kept his foot on the gas.

    That being said, he should get a fair trial in an OPEN court and the opportunity to fully defend himself. Prior to the Iraq wars, a US whistleblower could expect a fair trial in a standard US court. But right around the Bush era, we (stupidly) passed laws giving the government the power to declare a trial “relevant to national security” and suddenly it becomes a military trial, where the defendant is absolutely hamstrung. Witness what the government did to Manning.

    Oh, and then there’s the fact that we totally torture people when it really suits us.

    Assange should get every possible appeal and chance to defend himself. And the UK is right to be just a ttttttaaaadd skeptical of US assurances that Assange will be fairly treated.

    That all being said, hey, Assange, buddy, you thought you could play a hard-power espionage game against the current superpower? Man, you are duuummbb. We knocked you around the ring like Tyson sparring with a toddler. You having a good time? You know, our government recently gave you a hint that maybe if you just admit you were wrong, we might let you go back to Australia and live out your remaining years in relative peace. It’s an offer worth considering. But, hey, if you’re enjoying the current game, that’s ok too.
    • but getting an jury?

    • That being said, he should get a fair trial in an OPEN court and the opportunity to fully defend himself. Prior to the Iraq wars, a US whistleblower could expect a fair trial in a standard US court. But right around the Bush era, we (stupidly) passed laws giving the government the power to declare a trial âoerelevant to national securityâ and suddenly it becomes a military trial, where the defendant is absolutely hamstrung. Witness what the government did to Manning.
      While I agree with you in prin
      • Oh yeah Hillary. That's the person who stole a bunch of box files of classified information, hid them in a toilet, tried to cover it up and obstructed the investigation. Lock her up!! #MAGA

      • Maybe Manning's trial was handled according to the law, but it stunk. I remember that it was very clear, pretty soon after everything hit the fan, that Manning was a mentally unstable sad-sack that was being played by much smarter and nastier people. If the US armed forces lets a guy like that in and gives him access to TS data, in some ways, it's their own damn fault. But the US treated him like master-criminal supervillian. They could have taken a softer approach because the guy was obviously just a pawn.
    • Prior to the Iraq wars, a US whistleblower could expect a fair trial in a standard US court. But right around the Bush era, we (stupidly) passed laws giving the government the power to declare a trial “relevant to national security” and suddenly it becomes a military trial, where the defendant is absolutely hamstrung.

      It was already quite bad before then, in one way at least. The Espionage Act (passed in 1917) does not allow for any public interest defense. That is, if you steal government information in order to show the American people that their government has been doing legitimately bad stuff and hiding it from them, information that the American voters really should have, you're just as guilty as if you stole it in order to aid the enemies of the US. I think this is a big problem, and it's one that should be corre

    • by AmiMoJo ( 196126 )

      While what Assange did re Russia was pretty bad, it seems like prosecuting him isn't going to fix the real issues.

      Issues like the FBI deciding that a week before the election was the best time to announce a new investigation.

      Or that the choice presented to voters was between Hilary Clinton and Donald Trump, and that regardless of what Clinton did or did not actually do, the ability of the press to cut through the lies was severely lacking. Worse, many voters seem to now assume that everything that disparage

    • suddenly it becomes a military trial, where the defendant is absolutely hamstrung. Witness what the government did to Manning.

      As a fellow American, I'm with you on the rest of what you said, but not necessarily with you here. Since you're talking about the trial and how the defense is humstrung, I'll assume you aren't referencing anything related to Manning's confinement or pre-trial treatment, for which there are valid and reasonable complaints, based on what I've heard.

      But when it comes to the trial itself, I'm not sure what you're talking about. As a volunteer member of the armed services, Manning was voluntarily subject to the

      • Ok, a fair point. The thing that stunk most about Manning's situation was largely the pre-trial confinement. I seem to remember the gov justifiying solitary confinement because they were worried he could "send some kind of codeword". What a load of insecure bunk. It was pretty clear that they had locked a mentally unstable individual into an isolated box. My memory is that the guy got so bad that his lawyers weren't even sure if they were successfully communicating with him. Am I forgetting something that j
    • That all being said, hey, Assange, buddy, you thought you could play a hard-power espionage game against the current superpower? Man, you are duuummbb. We knocked you around the ring like Tyson sparring with a toddler.

      Uhhh... how exactly have the USA "knocked [Assange] around the ring"?

      - Have not yet "caught" him

      - Have not yet even started a trial

      - Have not been able to punish him in any way whatsoever

      - It's only due to another country (UK) "helping out" that Assange is in custody.

      - It's down to the UK judges whether or not to extradite him

      So... tell me more about this super power that the USA has used like a knockout Tyson punch on Assange? I see... nothing. Not a single thing the US has so far done to him. And if it we

      • Hahaha. Are you joking? Or are you truly that clueless? Alright, I’ll take your post seriously and school you a bit on how to effectively wield power. When it came to Assange, we didn’t flex our strength because we didn’t need to.

        Don’t get me wrong. I’m not discussing any sort of morality here. That’s a different discussion. This is about nasty below-the-belt geopolitical shenanigans. Assange declared his hate for us, threw his hat in with Russia, and became a thorn i
  • No jursidiction (Score:5, Interesting)

    by K. S. Van Horn ( 1355653 ) on Monday May 20, 2024 @10:37AM (#64485013) Homepage

    Reminder once again that the US has no jurisdiction over Julian Assange. He is not a US citizen, and his actions did not take place within US territory.

    The idea that one country may impose its laws on everyone in the world, no matter what their citizenship nor where they are, is absurd.

    • by nomadic ( 141991 )

      So if someone hacks your bank account from overseas, not a crime unless it's a crime in that country?

      • So if someone hacks your bank account from overseas, not a crime unless it's a crime in that country?

        Exactly. That is the essence of international law, and the reason why countries sign international treaties to recognise the list of crimes they have in common with each other.

        Extradition is based entirely on that principle, on order to respect the Rule of Law - that you can only be judges in terms of acts that are illegal in the jurisdiction and time where you do those actions.

        Of course, tyrannies are not concerned with such petty details as they have no respect with the rule of law and the human right to

      • The OP argument is incorrect, the problem with this case is not that Assange is not a US citizen or resident, the problem is that he never promised anyone, any employer or any agency to keep any of their secrets. If I find a binder with information that is classified by some 3 letter agency, I may decide to disseminate it (very likely) and I should never be prosecuted by anyone for this, because it was not my job, not my promise, I wasn't in a position where I was supposed to keep it a secret.

        I will take it

  • by oumuamua ( 6173784 ) on Monday May 20, 2024 @11:22AM (#64485141)
    He argues he should be set free, lots of historical references, in this video from 3 months ago: https://www.youtube.com/watch?... [youtube.com]

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