The Null Device

My only weakness is a listed crime

Julian Assange is free on bail, while he awaits Sweden's extradition case against him. According to his lawyer, he was kept in the same cell in Wandsworth Prison that had previously housed Oscar Wilde. (Perhaps it's the celebrity suite?)

Of course, it is widely argued that the Swedish allegations (note: not charges), nebulous as they are, are merely the phony war before the main event, an attempt to extradite Assange to the US and make an example of him so that nobody tries aything like WikiLeaks again, and harmony is restored across the New World Order. The British government appealing against the bail decision, and claiming that the Swedish prosecutor had done so (which the Swedes denied) also adds to the suspicion. Earlier, Assange's lawyer claimed that, according to Swedish sources, a grand jury has already been impanelled in secret in Alexandria, Virginia. The latest rumours say that the US won't seek to try Assange for espionage (which was assumed to be shaky), but to try him for conspiracy, making a case that he conspired with accused leaker Bradley Manning. Given that Manning is likely to face capital treason charges and is being held in conditions said to amount to torture, he'd have a strong incentive to remember evidence implicating Assange. The problem with this is that it is only slightly less problematic, as according to some commentators, it would also criminalise investigative journalism in general.

If the US Government just wants to put the frighteners on other potential troublemakers, they could attempt to try Assange in a closed military tribunal, arguing that evidence for the prosecution (i.e., ECHELON intercepts or similar) cannot be revealed to civilians. Everybody will suspect it's a kangaroo court, but will also know that you don't fuck with Uncle Sam.

That is, of course, assuming that the British government agrees to extradite Assange to the US. It could always stand up and tell the Yanks where to stick their conspiracy charge. By the same token, England could always win the World Cup in 2014. In all likelihood, assuming that the US gives its assurances that the prosecution will not be seeking the death penalty (the main sticking point with EU countries), extradition should be straightforward. In the unlikely occurrence that extraditing him is politically unpalatable, Britain could just cancel his visa and deport him to Australia (the only country he is believed to hold citizenship), where, if PM Julia Gillard is any authority on the matter, he would be handed over to the FBI as soon as his plane landed. (They don't mess around with finicky issues of civil liberties in former penal colonies.)

Meanwhile, Assange is not the only one to fall foul of the European Arrest Warrant system, which establishes the legal fiction that all European justice systems are equivalent and requires European countries to honour other countries' arrest warrants automatically, and has led to some absurd situations:

This month I watched proceedings in Westminster magistrates' court as Jacek Jaskolski, a disabled 58-year-old science teacher, fought an EAW issued against him by his native Poland. Jaskolski – also the primary carer for his disabled wife – has been in the UK since 2004. His crime? Ten years ago, when he still lived in Poland, Jaskolski went over his bank overdraft limit.
In 2008 a Polish man was extradited for theft of a dessert from a restaurant, using a European arrest warrant containing a list of the ingredients. People are being flown to Poland in specially chartered planes to answer charges that would not be thought worthy of an arrest in the UK, while we pick up the tab for police, court, experts' and lawyers' time to process a thousand cases a year. This whole costly system is based on the assumption that the criminal justice systems of countries such as Poland are reasonable enough that it is worth complying with all their requests.
Meanwhile, the net is closing around those involved in online activist/terrorist group Anonymous: a Greek designer has been arrested after leaving his details in a press release, and Scotland Yard say that they have been monitoring the group since their attacks on copyright enforcement groups. It is not clear whether post-9/11 antiterrorism powers are being used.

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