Assange 'faces death penalty' in US

[Turborama]

Source: Al Jazeera English

Lawyers for WikiLeaks' founder say he could face death penalty or torture if he is extradited to the US via Sweden.

Last Modified: Jan 12 2011 12:53 GMT -

Defence attorneys for Julian Assange, the founder of WikiLeaks, has said he could end up facing the death penalty in the US if the UK extradites him to Sweden, where he is accused of sex crimes.

The lawyers fear that Sweden will in turn hand him over to the US.

Following Assange's appearance in a London court on Tuesday, his attorneys published an outline of the defence he will use at a full extradition hearing scheduled for February 7.

"There is a real risk that, if extradited to Sweden, the US will seek his extradition and/or illegal rendition to the USA, where there will be a real risk of him being detained at Guantanamo Bay or elsewhere" according to a legal memo on the website of the law firm Finers Stephens Innocent.

"Indeed, if Mr Assange were rendered to the USA, without assurances that the death penalty would not be carried out, there is a real risk that he could be made subject to the death penalty."

Read more: http://english.aljazeera.net/news/europe/2011/01/201111292250647328.html

[stray cat]

1. So say his lawyers who are trying to keep him in Sweden

I suspect the lawyer for Laughton will say he is innocent by reason of insanity

[DJ13]

2. No, they're trying to keep him in the UK

[JDPriestly]

5. Stray cat, Europeans are reluctant to extradite

a person to the US if the person will face the death penalty here.

Laughton's lawyer may try to argue insanity but probably won't get anywhere. You should read some explanations on the internet about the legal definition of insanity. It is narrow and only rarely does the insanity defense work. I cannot imagine it working in Loughton's case.

[greiner3]

7. I have no idea what meme you are trying to introduce here.

Laughton is an elected member of a foreign state. He has tangential meaning here with regard to Asange and his extradition to the US via Sweden.

Me thinks you are fishing for a red herring here. The question is why.

[Matariki]

12. Wow. You are so clearly informed on the issue.

[sabrina 1]

25. They are rightfully trying to keep him out of this insane,

oppressive, torture and assassination supporting violent country which has no regard for the rule of law.

Elected officials in this country have called for the murder of Julian Assange, an award-winning editor and publisher of an International News Organization, and for the kidnapping and murder of his son.

The U.S. signed extradition treaties with most European countries but extradition agreements with civilized nations restrict extradition to countries where the death penalty is likely and torture or other issues that might cause physical harm to the person.

Sadly we are on the list of such barbaric nations and it was obvious once our government officials, former and current, began screaming for blood like the deranged morons they are.

Assange, according to a saner member of our Government, John Conyers, has 'done nothing illegal' so there is no basis for the U.S. to go after him.

But the have given his lawyers, stupid as they are, a perfect case against him being extradited to their ally, and Karl Rove friendly, Sweden.

Now, suppose he was a bad guy, the behavior of our stupid, moronic representatives would have made it impossible to get him here.

Assange of course is not guilty of anything, to most of the world, he is a hero and the world is rooting for him and for Wikileaks.

We look like an insane asylum from outside this country.

[Luminous Animal]

29. He's not yet been charged with anything. The warrent is for questioning.

[Guy Whitey Corngood]

41. Damn, I was wondering what was taking so long in tombstoning your ass. nt

[jonnyblitz]

42. HA! No Kidding!! Good riddance to that RW POS. nt

[earcandle]

3. Wait! How can we obfuscate sex allegations and internationally accept his extradition to US for

something he is not at all guilty of: Espionage?  

Something is crazy about the acceptance of this language and
the possibilities it represents.

Assange should NOT go to Sweden at all.  And someone has to
hold the US liable if he ends up
in one of our dark holes.  

[DeSwiss]

4. He's right.

Ever since we threw off the pretense of being a democratic republic, to expose ourselves for the police state bully that we've become. A reditioning country that steals people from their own lands in the middle of the night. One that has approved torture. Deception. Spying and surveillance of its citizens. The searching and seizing of its citizens without cause. Yes, Julian's right not to want to come here.

- I wouldn't either.....

K&R

[Super Bobo]

16. book tour?

I say he'll publish a book in the next 3 months.
Being on the front page probably works better picking up chicks at the pub too.

[DeSwiss]

24. Right. Chicago.

To be expected I suppose. The Land of Lincoln Sycophants.

Welcome to IGNORELAND......

[Robb]

6. The real risk for Assange, if he is extradited to Sweden

...is that he might stand trial.

[frazzled]

8. He does not, and this headline is misleading.

The only death penalty Assange is facing is recorded in his own hyperbolic statements, used to whip up supporters. I was about as offended by his "fears" of being sent to Guantamo or being illegally kidnapped in a rendition case as I was with Sarah Palin's outrageous use of the term "blood libel" to describe her current situation.

This is preposterous. It saddens me to think that DUers would fall for this kind of melodramatic propagandizing. No charges have even been brought against the man, and if they are, I have full faith they will be within the full scope of the law.

[nalnn]

10. Me too

I find it hard to believe that the US would execute him as a political prisoner. Likely, he would just disappear. Assange's value to the US govt. is not his person, it's his knowledge and relationships to those who provide him with information.

[glinda]

38. They appear to be attempting to use "slight of hand" to bring him here. And if he does

come here, he will be tortured in some manner, detained or disappeared. The US Gov. has stated that they have seen the cables. What I want to know is what is it he has that they are so afraid of? I think it is Iraq. I think it is major connections between various entities. Not just the Banks but possibly the world corporation.

Maybe I am hoping for too much.

[Demeter]

13. Preposterous? Not even remotely

A nation that will "buy" prisoners from shady dealers, call them terrorists without any proof, torture them unceasingly, rendition and otherwise harm to the point of death, refuse legal trials, etc, etc, including children, is a nation without LAW.

How do you know there are no charges? Have you access to every sealed grand jury in the nation?

Sarah Palin faces no civil nor criminal penalty--just public shame, humiliation, and if there's a god, repudiation.

Assange faces a blood-lusty, illegal regime that has shredded the Constitution for all people within this nation, and denied it for non-citizens in spite of universal provisions and international treaties. He is not making this stuff up. His fears are legitimate.

[Bragi]

23. I agree, but I'm not sure this is a good position for him

Thing is, the U.S state department can send a letter to Sweden promising to take the death penalty off the table, which I'm sure they will do, but that would still mean he might eventually be exposed to the brutality of the U.S prison system, which is recognized widely to be an inhumane disaster. The authorities could easily arrange for his extra-judicial murder there, since this is something that happens every day in the appalling U.S prison system.

[Demeter]

32. Evidently, outside of the country, also, US citizen or not..

The only protection is full public exposure---hence, his quest for wikileaks.

[Historic NY]

14. Once again an example of the same propaganda we all complain about..

death penalty.......please.

[sam kane]

15. Our country never kidnaps and imprisons and, oops, kills w/out evidence?

Where have you been for the last decade or so?

[reorg]

17. the headline is indeed misleading, but not like you think it is

The only melodramatic propagandizing here comes from the mass media and those gullible ones who lap it up like breast milk from momma.

Everyone who really wants to know what Assange's lawyers pointed out can find it easily, eg here:

http://wlcentral.org/node/902

"In partial support of point number 7, the one Assange is only reserving the right to argue, on page 34 of the 35 page document, item number 98 of 100, the document states:

It is submitted that there is a real risk that, if extradited to Sweden, the US will seek his extradition and/or illegal rendition to the USA, where there will be a real risk of him being detained at Guantanamo Bay or elsewhere, in conditions which would breach Article 3 of the ECHR. Indeed, if Mr. Assange were rendered to the USA, without assurances that the death penalty would not be carried out, there is a real risk that he could be made subject to the death penalty."

Which is simply fact.

So what are the actual points of the lawyers' argument? Much less sensationally, I suppose, so people don't bother to go looking:

"(1) It is not accepted that the Swedish prosecutor is authorised to issue European Arrest Warrants (EAW).
(2) European arrest warrants should only be issued for the purposes of prosecution, and it has been made very clear that Mr. Assange is wanted for further questioning.
(3) There has been abuse of process: non-disclosure by the Swedish Prosecutor.
(4) There has been a further abuse of process: the conduct of the prosecution in Sweden.
(5) The offences alleged in the EAW are not of serious nature in the UK, as they must be to constitute extradition offences.
(6) Mr Assange reserves the right to argue extraneous considerations.(section 13 of the Act).
(7) Mr. Assange reserves the right to argue that his extradition may be incompatible with Articles 3, 6, 8 and 10 of the European Commission on Human Rights."

[frazzled]

18. If you truly think

The US, under this or even any administration, would "Illegally render" Assange to the United States and / or throw him into Guantanamo, I'd say ... well, I won't say, because I've taken the pledge not to insult people for their beliefs. But honestly, that is never in this or any alternate universe going to happen. It's about on the par with aliens swooping down to abduct you on the list of likely events.

[reorg]

27. if you truly can't read

I'll have to repeat what the attorney actually said:

(1) It is not accepted that the Swedish prosecutor is authorised to issue European Arrest Warrants (EAW).
(2) European arrest warrants should only be issued for the purposes of prosecution, and it has been made very clear that Mr. Assange is wanted for further questioning.
(3) There has been abuse of process: non-disclosure by the Swedish Prosecutor.
(4) There has been a further abuse of process: the conduct of the prosecution in Sweden.
(5) The offences alleged in the EAW are not of serious nature in the UK, as they must be to constitute extradition offences.
(6) Mr Assange reserves the right to argue extraneous considerations.(section 13 of the Act).
(7) Mr. Assange reserves the right to argue that his extradition may be incompatible with Articles 3, 6, 8 and 10 of the European Commission on Human Rights.

Only when the court does not recognize what is glaringly obvious to any reasonable observer, that this extradition request constitutes persecution and harassment, most likely under the direct supervision and on the prompting of US authorities, only then Mr Assange reserves the right to argue that his extradition may be incompatible with articles 3, 6, 8, 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (see below). IOW he will appeal to the European Court of Human Rights and lists as ONE example among others the COMMONLY KNOWN PRACTICE by the US of illegally abducting suspects in order to torture and/or kill them or put them in the extraterritorial prison in Guantanamo Bay where legal protections are not considered binding by US authorities.

I didn't say Assange will be abducted and tortured and/or killed, he didn't say it, his lawyer didn't say it. But to deny that this is a COMMONLY KNOWN PRACTICE by the US would be utterly ignorant. Rest assured that the European Court of Human Rights will consider this argument, and it will take some time.

"Article 3
Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in European Convention on Human Rights detail, of the nature and cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 8
Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."

[frazzled]

35. I can read: but defense attorneys say the darnedest things

This has nothing to do with the OP's assertion: that Mr. Assange is facing the death penalty in the United States. I told the OP he was misleading. And you jump in with a bunch of specious remarks by a defense attorney regarding said attorney's (paid) views on why Mr. Assange shouldn't face extradition to Sweden.

This is what attorneys are paid to say on behalf of their clients, to argue for why they shouldn't be charged/indicted/face extradition, etc. It has no relevance to the OP's discussion.

[reorg]

40. the attorney is protecting him from harassment and persecution

The OP only cites an Al Jazeera article - so you told Al Jazeera their headline was misleading? Good for you.

I agree, the headline does not accurately represent what the lawyers' brief actually says and only mentions a minor point. However, the factual assertion: "Lawyers for WikiLeaks' founder say he could face death penalty or torture if he is extradited to the US" is true, and pertinent to the current extradition case.

This is not about irrational fears or melodramatic accusations, it is about US authorities subverting the legal process in recent times, in cooperation with such allies as Sweden and the UK, among others. And it is about inhuman practices in the US which have always raised concern in Europe.

[Bragi]

20. Whose law? /nt

[EFerrari]

26. He won't be the first journalist to be our guest at Gitmo. n/t

[obxhead]

30. The death penalty might be within the full scope of the law

depending on the charges the US may eventually bring against him. They would likely have additional charges after he is extradited to the US on whatever they bring him here to face.

[XemaSab]

36. I agree, but the alarming part about this

is that for most of the world, this is entirely plausible.

We lock people in Gitmo, we kill people... if it can happen to some nameless Talibani kid who was out herding goats on 9/11, why not do it to someone who ACTUALLY SPILLS STATE SECRETS?

[ElsewheresDaughter]

9. CHENEY!!!

[rug]

11. It's a good argument.

And they're correct.

http://en.wikipedia.org/wiki/Espionage_Act_of_1917

If they want him, the Swedish sex by surprise law won't delay them.

[paparush]

19. I'd stay away from this country if this was the tone -

WikiLeaks staff and contributors have also been the target of unprecedented violent rhetoric by US prominent media personalities, including Sarah Palin, who urged the US administration to “Hunt down the WikiLeaks chief like the Taliban”. Prominent US politician Mike Huckabee called for the execution of WikiLeaks spokesman Julian Assange on his Fox News program last November, and Fox News commentator Bob Beckel, referring to Assange, publicly called for people to "illegally shoot the son of a bitch." US radio personality Rush Limbaugh has called for pressure to "Give Ailes the order and there is no Assange, I'll guarantee you, and there will be no fingerprints on it.", while the Washington Times columnist Jeffery T. Kuhner titled his column “Assassinate Assange” captioned with a picture Julian Assange overlayed with a gun site, blood spatters, and “WANTED DEAD or ALIVE” with the alive crossed out.

John Hawkins of Townhall.com has stated "If Julian Assange is shot in the head tomorrow or if his car is blown up when he turns the key, what message do you think that would send about releasing sensitive American data?"

Christian Whiton in a Fox News opinion piece called for violence against WikiLeaks publishers and editors, saying the US should "designate WikiLeaks and its officers as enemy combatants, paving the way for non-judicial actions against them."

[Nihil]

39. You are exactly right

US politicians (and ex-politicians with a significant following):
> Sarah Palin: “Hunt down the WikiLeaks chief like the Taliban”
> Mike Huckabee: called for the execution of WikiLeaks spokesman Julian Assange

Mass media commentators with a gullible easily led audience:
> Bob Beckel: "illegally shoot the son of a bitch."
> Rush Limbaugh: "Give Ailes the order and there is no Assange, ..."
> Jeffery T. Kuhner: “Assassinate Assange”
> Jeffery T. Kuhner: Julian Assange photo overlain with a gun sight, blood spatters,
> Jeffery T. Kuhner: “WANTED DEAD or ALIVE” with the alive crossed out.

Internet gutter press (never mind the actual hate sites):
> Townhall.com: "If Julian Assange is shot in the head tomorrow ..."
> Townhall.com: "if his car is blown up when he turns the key ..."
> Christian Whiton: the US should "designate WikiLeaks and its officers as enemy combatants"
> Christian Whiton: "non-judicial actions against them"


The rest of the world can see & hear.
They can also remember what has happened to a lot of people that different
parts of the administration had designated as "enemies of the state".

The fact that so many people upthread are apparently in total denial of the
evidence is somewhat worrying.

[McCamy Taylor]

21. We all face execution and torture (without a lawyer) in the US.

[LibDemAlways]

22. Death penalty? For what? Espionage?

Two guys I went to high school with were convicted of espionage back in the 1970s. Neither was sentenced to death. Both are free men today. This is BS.

[obxhead]

33. Hmm. I guess that means nobody could be given the death penalty

for espionage.

Explain why this form exists then:

http://www.justice.gov/usao/eousa/foia_reading_room/usam/title9/crm00076.htm

Then there is this:

http://deathpenalty.procon.org/view.resource.php?resourceID=1202

CHAPTER 37--ESPIONAGE AND CENSORSHIP

Sec. 794. Gathering or delivering defense information to aid
foreign government

(a) Whoever, with intent or reason to believe that it is to be used
to the injury of the United States or to the advantage of a foreign
nation, communicates, delivers, or transmits, or attempts to
communicate, deliver, or transmit, to any foreign government, or to any
faction or party or military or naval force within a foreign country,
whether recognized or unrecognized by the United States, or to any
representative, officer, agent, employee, subject, or citizen thereof,
either directly or indirectly, any document, writing, code book, signal
book, sketch, photograph, photographic negative, blueprint, plan, map,
model, note, instrument, appliance, or information relating to the
national defense, shall be punished by death or by imprisonment for any
term of years or for life, except that the sentence of death shall not
be imposed unless the jury or, if there is no jury, the court, further
finds that the offense resulted in the identification by a foreign power
(as defined in section 101(a) of the Foreign Intelligence Surveillance
Act of 1978) of an individual acting as an agent of the United States
and consequently in the death of that individual, or directly concerned
nuclear weaponry, military spacecraft or satellites, early warning
systems, or other means of defense or retaliation against large-scale
attack; war plans; communications intelligence or cryptographic
information; or any other major weapons system or major element of
defense strategy.



But your high school classmates are clear, so nobody could possibly be put to death for espionage.

[LibDemAlways]

34. I'm not saying it couldn't happen. Just highly unlikely. The Rosenbergs were

the last people executed for espionage and that was back in the 1950s. The guys I'm talking about were directly involved. Sold a bunch of classified info to the Soviet Union. One was given life. The other 20 years. He escaped, robbed a bunch of banks, was recaptured, and still paroled after 25 years. Since the Rosenbergs, this kind of crime has not been as harshly dealt with.

[davidthegnome]

28. The continued existence of

Guantanamo Bay is proof enough that there is a threat of torture and/or execution. Those of you who think this is far fetched should consider the fact that the USA is now famous for torturing prisoners and ignoring their rights. If you don't think so, go back over the last ten years, thousands arrested and held without charge or trial under the Bush administration. We have pretty much indisputable evidence that the US is torturing prisoners - some of them guilty of criminal acts, some of them never even charged.

I don't blame him for being afraid. There are many in this Country who would love to do exactly as Palin and others have suggested.

With that being said, he hasn't committed a crime against the USA and therefor his extradition shouldn't even be an issue, not unless we're going to start charging all media who have reported information leaked by his organization.

[defendandprotect]

31. Remember when we thought that W, Rumsfeld and Cheney would face death penalty?

Yet, here we are with defense for Medieval-minded TORTURE and limitless

imprisonment and "assasinations" still part of the program!




:eyes:

[LibDemAlways]

37. W, Rumsfeld, and Cheney are downing scotch and counting

their money. As an old friend said many times, "There is no justice."