Wikileaks Assange to be extradited from UK; Appeals expected to be lodged

By | February 24, 2011, 3:22am PST

Summary: Breaking news: Julian Assange, founder of Wikileaks, will be extradited from the UK to Sweden to face charges of rape and sexual assault, after arguing the charges are ‘politically motivated’.

Julian Assange, founder of Wikileaks, will be extradited from the United Kingdom to Sweden to face charges of rape and sexual assault, a judge ruled earlier today.

However, Assange will all but certainly challenge the ruling with a series of appeals.

The defence team has seven days to lodge an appeal, or he will be extradited in ten days.

The case could reach the UK Supreme Court in London, if appeals go ahead. The higher up the appeal process you go, the longer it takes for a court date, meaning an appeal could run on for years, according to Bloomberg.

The presiding judge said that the Swedish extradition warrant was valid ‘on the face of it‘, but the witnesses Assange’s legal team put forward were poor, not credible and ‘fed responses‘, according to BBC sources.

The judge also said that Assange had not made himself available for questioning in Sweden, though it was not for him to decide whether Assange had deliberately fled, and that he has ’no doubt’ that Assange is wanted in Sweden for prosecution,

Assange is wanted for questioning, not a trial in Sweden, to answer questions relating to two events which occurred in Sweden last year.

The argument put forward by Assange’s lawyers is that the European Arrest Warrant was invalid as the Wikileaks founder not only has not been charged with any offence, but that rape and sexual assault are not grounds for extradition.

One of the main concerns for Assange is that he will not receive a fair trial in Sweden, and that the US authorities will attempt to extradite him to face trial relating to his work with Wikileaks.

The UK would have to be asked permission to extradite him further to the United States, however. Assange himself argued that it would be ‘politically impossible’ for the UK to give permission to extradite him to the US on charges of espionage.

Also, as the Guardian state, Sweden has no system for bail, meaning Assange would be detained immediately upon his arrival.

Last year, Wikileaks released tens of thousands of US diplomatic cables which revealed embarrassing communiqués between diplomats around the world.

Since being released from custody in December, Assange has been living in the east of England but has had to report to a police station every day. 

Assange has always denied the charges put against him.

Late last year, in response to the US diplomatic cables leak by Wikileaks, an email sent by the US Department of State warned students and prospective diplomats not to discuss or post Wikileaks related content on the web, warning that it could hamper their career in the civil service.

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Zack Whittaker, a criminologist who studied at the University of Kent, Canterbury, is a journalist, writer and broadcaster.

Disclosure

Zack Whittaker

I worked briefly with Microsoft UK in 2006 but no longer have any connection with the company. Regardless, I remain impartial and unbiased in my views.

I don't hold any stock or shares, investments or industrial secrets in any company, but have signed confidentiality agreements with a number of UK and U.S. organisations, whose names I am not at liberty to disclose.

I was involved with Kent Union, the University of Kent's student union, undertaking voluntary, non-salaried, elected positions between early 2009 and mid-2010.

No other company, body, government department, non-governmental organisation or third sector organisation employs me or pays me a salary in any capacity whatsoever.

As a freelance journalist, whenever expenses are given and taken by a company that is not CBS Interactive, these will be disclosed in each relevant post to ensure transparency.

I currently work with a UK law enforcement unit, but this is an entirely separate position which bears no connection to other work.

(Updated: 23rd October 2011)

Biography

Zack Whittaker

Zack Whittaker, criminologist who studied at the University of Kent, UK, is a journalist, writer and broadcaster.

After studying criminology at university, though still in his early-20's, he has already had a series unconventional work and voluntary positions. He has worked with researchers studying neurological illnesses like Tourette's syndrome (which he suffers from), has given lectures on the nature of disabilities in the public community, and occasionally ends up speaking on television and radio discussing the events of the day.

He first had academic work published at the age of 22, then still an undergraduate, and has been cited by a wide range of publications: from the Huffington Post, Business Insider, AllThingsDigital, The Atlantic Wire and CBS News.

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WilErz: You're making my point...
adornoe@... 26th Feb 2011
The EU commissioners are appointed by democratically elected national governments. How exactly is that undemocratic?

I never said something like that was undemocratic.

What your pointing to is a "representative" type of government making the appointments, sort of like when an elected president in the U.S. makes his cabinet appointments. But, in the U.S., the senate has to approve of those selections, but that's more of a formality.

A direct democracy is different from what you stated. In a direct democracy, the people make all the decisions, and there would not be any appointments by a representative group that speaks for the majority. A direct democracy would be a majority rule for all decisions.
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This could drag on for a very long time
Fred Fredrickson 24th Feb 2011
The US just wants Assange out of operation, it really doesn't care how that happens. As long as Assange is spending his whole time avoiding extradition or locked in a Swedish gaol awaiting trial (or even waiting to be charged) he isn't running Wikileaks.

And that, most of all, is what the US government wants.
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I can see a day
guihombre Updated - 24th Feb 2011
I look at what's happening in Egypt, in Tunisia, and now Libya and I can see a day when 100,000 Europeans could march on the EU Commission and eject them, replace them with a democratic leadership.

We could get back our rights. Innocent until proven guilty, no punishment without judicial process, the right to privacy, the lot, and I don't think it's as impossible as it was a year ago.

If the Libyans can eject Gadaffi, we can eject Barosso.

Imagine it, an EU leadership that works for Europeans, not foreign powers.
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I hope we live to see it....
sissy sue Updated - 24th Feb 2011
@guihombre

All over the world...

to paraphrase what you said:
"I look at what's happening in Egypt, in Tunisia, and now Libya and I can see a day when 100,000 (enter your nationality of choice here) could march on the (headquarters of whatever government is oppressing you) and eject them, replace them with a democratic leadership."

"We could get back our rights. Innocent until proven guilty, no punishment without judicial process, the right to privacy, the lot, and I don't think it's as impossible as it was a year ago."

Power to the people....and not to the politicians and the well-connected.
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which has never worked anywhere and which just leads to a lot more problems, including a "dictatorship of the majority", which can change on the fly, depending on the issue at hand.

Power to the people....and not to the politicians and the well-connected.

Guess what?

Without government, you have chaos. And with government, you get politicians. You can't get one without the other.

And, guess who elects the "government officials, aka, the politicians"?
@adornoe@...

Partially right. A direct democracy will not work without something like the Constitution of the United States to outline rights that cannot be taken away from a person for any reason.

My personal list is meshes up with the Bill of Rights pretty well, but adds a few:

1. The right to have sex with anyone you wish, as long as that person consents regardless of age or lack of.
2. The right to travel where you wish as long as you pay local taxes if you are in said country more than 6 months out of the year.

There are a few others, but those are covered by the Bill of Rights when read in an expansive light pretty well.
@guihombre

The EU commissioners are appointed by democratically elected national governments. How exactly is that undemocratic?
Partially right. A direct democracy will not work without something like the Constitution of the United States to outline rights that cannot be taken away from a person for any reason.

You're totally wrong.

There is no such thing as a "direct democracy" in the U.S. and any country that wishes a "direct democracy" like the U.S. and with a constitution like in the U.S., would not be a "direct democracy".

In the U.S. we have a democratic republic, as defined by our constitution. A democratic republic is not a direct democracy, where the people have a direct say on everything and anything that occurs in the country. Representative government is not direct government.

Also, please don't post as a response to any of my posts, anything to do with your definitions of age of consent and your "liberal" views about sex with children.
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WilErz: You're making my point...
adornoe@... 26th Feb 2011
The EU commissioners are appointed by democratically elected national governments. How exactly is that undemocratic?

I never said something like that was undemocratic.

What your pointing to is a "representative" type of government making the appointments, sort of like when an elected president in the U.S. makes his cabinet appointments. But, in the U.S., the senate has to approve of those selections, but that's more of a formality.

A direct democracy is different from what you stated. In a direct democracy, the people make all the decisions, and there would not be any appointments by a representative group that speaks for the majority. A direct democracy would be a majority rule for all decisions.
Oh yes, he raped 2 women: one works with/for CIA, the other one is unavailable, in a governmental mission in Israel. KGB still alive and kicking, under a different name.
@d.marcu: secret jails, international kidnapping of people, quantity of coups orchestrated and bloody dictatorships installed -- in all of that CIA beats KGB.
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@d.marcu
and only people can be raped.
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It's called a 'honey trap'
HollywoodDog 24th Feb 2011
@Will Farrell ... it's the oldest trick in the espionage book. An intelligence service has women available to do exactly this kind of thing - usually to collect intelligence but also to do killings and in this case cry rape.
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@d.marcu You are committing slander. Assange has not only not been convicted of anything, he hasn't been accused of anything either. You're patently guilty of slander, and a law firm in London would like to research you.
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LOL
d.marcu 24th Feb 2011
@HollywoodDog, aren't there millions of more dangerous "criminals" downloading mp3's and movies for free, in line to be prosecuted, before arresting someone who wrote a message online?
@HollywoodDog ... your goofiness is as entertaining as ever.
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this will turn into a dog and pony show ....
I just hope that Assange as a ace's up its sleeve and use it
big time
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So that he can get away with raping people?
Will Farrell 24th Feb 2011
@Quebec-french
why. If he did rape these women, why do you want him to have an "Ace up his sleeve". So that he can continue raping women?
Is that acceptable up in Quebec, because most countries frown on that kind of behavior.
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a minute here ....
Quebec-french Updated - 24th Feb 2011
@Will Farrell
If you really think this is a rape case .... than your are right he should go to jail ...... but i really think its a set up. Since when you end up with interpol seeking a would be rapist ...
Its a honey trap that all. If for any would be reason its really a rape case .... he deserve jail .... but there too many thing weird ....
Also when a talk about the aces in the sleeve its in the case of a honey trap .... If its a honey trap uber-vengence is in order

And will never know the real truth only assange and the two would be victim /government agent /paid pro/will never know what happen for real .

there have been to many thing said on this ... Those who wanna see assange roth in jail for the leak are happy with the rape case ... and those who think he did the right thing with the leak will ALWAYS believed in the honey trap .


It has nothing to do with the province of quebec or anything btw
@Will Farrell This goofy reptile has inside information he knows ALL about the case it was a trap and that scum bag is as innocent as ever. He's an "expert", just like his English is rock solid as is my french... and another fruit cake liberal giving liberals a bad name
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wow lliberal fruit cake ......
Quebec-french 24th Feb 2011
@ItsTheBottomLine
wow once again ''ItsTheBottomLine '' great intelligence is showing up ho please will you stfu if you have nothing more that insult to vomit .....

if you cannot find anything better to discuses try not to swallow your tongue out of your own nothingness .

damn we have some limited specimen around here
Next step, extradition to the USA!!! Execution!
@Tommy S.

Seriously, there is something wrong with you if you want somebody dead that badly.
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Won't help the US
HollywoodDog 24th Feb 2011
@Tommy S. ... there are now a thousand Wikileaks. All the newspapers are developing their own anonymous internet dropboxes. This is one genie out of the bottle.
@HollywoodDog It is about making an example, not putting the genie back in the bottle. It was too late for that 1 minute after he released the documents. I just want the next dude who end up with comparable/worst secret US documents to think about his lifespan before releasing them to the public. I dont think that we should justify taking him out with bogus claim about him being some sort of terrorist (which is ridiculous). He should be taken care of extra-judicially by the CIA. You can call me whatever you like but at least Im not an hypocrite.
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tommy your wrong
Quebec-french Updated - 24th Feb 2011
@HollywoodDog
making a exemple is the worst thing to do .. you will fuel hatred for the the next 20 years . havent you learn nothing from middle east. Making example will only make matter worst .

the next guys/groups will only be more ruthless more savage and more secretive. ( i always believe that the day that Assange showed up is face to the public he became the enemy of usa.

If that guys have been dumb enough to paint on himself a traget without some kind of protection or doomsday plan ..... he's more idealist that idealist .

Making a example would only mean more aggressive response in the future by the next guys/group.

Also what would you react the day that the chinese secret police make a move on a american citizen that put china in a tough spot ...

Do you accept extra-judicial action only for usa or for any body . China start eliminating american citizen because they defend tibet .... just a question .Extra-judicial action are illegal and should be punish . who ever take those action should be judge .

this message is for tommy not holly
this damn edit button work 50/50 zdnet return to the old systeme damn
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Tommy S., you are not a hypocrite
HollywoodDog 24th Feb 2011
@HollywoodDog ... you are the tyranny of evil men.
@Quebec-french
Me thinks you live in an alternate reality, and are very wrong.
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me think that your a dim wit redneck
Quebec-french 24th Feb 2011
@ItsTheBottomLine

yes yes move along yes yes . be a good little redneck go play in the corn field the combine harvester is coming
@Tommy S.

The fact is that you do not have a right to 'make an example' when these people in the minds of most Americans and people the world over did the right thing.

Not ONE of the Wikileaks leaks has been RELIABLY and RATIONALLY linked to anyone being killed. In fact, the only 'bad' things have come from United States and other countries ambassadors being exposed for the two-faced bastards everyone already knew they were.... now, they just have the ambassadors own words to prove that with.

If you are going to make an example of Assange, you should ALSO make an example of the New York Times because they published the Pentagon Papers many years ago.

Oh, and incitement to murder IS a crime in most countries.... you might want to watch your words, lest you end up in prison.
There is something in this that doesn't compute. How come a person that was not afraid to release documents that would make him extremely impopular with almost every national security agency in the western world, suddenly is afraid of going to Sweden and explain why he had questionable sexual relations with two christian socialistic femenists?

Because the two christian socialistic femenists works for the CIA?

Becuase he won't get a fair trial in the corrupted Swedish Legal system?

Of course not, this guy is as much an altruist as Al Gore. It's about the value of his brand. How ever it plays out in Sweden it will lower the value of the exlusive rights to the story of his life, the book, the film and the freakin Assange actionfigure!
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@cy0n
and waiting for someone to make a mistake and releasing 10 fold 10 the number of info that was already release...

the name and location of all the spies , military secret ,secret about the banks that would endanger world stability .....
after all look at middle east right now ....
imagine if wikileak prove that 80% american are getting screwed by there bank ...... or something like that.


but you are right the book the movie the video game and my personal favorite action figure ( thx for the laugh)
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That's if he has that information
Will Farrell Updated - 24th Feb 2011
@Quebec-french
That's if he has that information.

But then the moment he does threaten to post Military secrets, he goes from being a "journalist" to a spy and the rules change, but not in his favor.

The smart thing for him is to just worry about the rape charges as he could get off on that. Threating to post classified defense documents get him thrown in prison next to the other spys.
@Will Farrell
BINGO! - and guess what that reptile does not get it --- at all, but then I consider the source.
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@ItsTheBottomLine

I have been call far worst by far better people .... im not very impress by people like you insult all you want and run your little mouth all you want ... be a good little redneck swallow some bug
@Will Farrell

Wrong, Will. Need I bring up "The Pentagon Papers" once again? Published by the New York Times? Which were SECRET!

Get real.... this is not a spy in the slightest. This is a man who should be LAUDED for exposing the United States two-faced actions and attitudes, as well as the bad things that they covered up like the selling of Afghani boys and girls as sex slaves by American contractors in Afghanistan.
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If it's just questions I don't see the big deal. Doesn't make sense to extradite someone just so you can ask them questions. Now if they charge him that makes more sense.
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@voska1
He should not be treated any differently then anyone else. He commited the crime in Sweden, he goes back there to answer for them.

Sweden, like any country, is under no obligation to be spending time and money flying officails all over the world to question suspects. It makes more sense to bring the suspects to them.
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Did he commit the crime?
John L. Ries 24th Feb 2011
@Will Farrell
That has to be proven in court.

Personally, I think it better at this point to allow the extradition and fight whatever charges are brought, unless there is good reason to believe that Sweden won't give him a fair trial (somehow, the notion of Swedish kangaroo courts seems incongruous to me). Certainly, the UK would be more likely to extradite Assange to the US than would be the Swedes.

Better than taking years to appeal a case he would probably lose.
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I've never been to Sweden
HollywoodDog 24th Feb 2011
@Will Farrell ... if some Swedish prosecutor/politician decided they wanted to haul me over for questioning, why should I have to go? They should be required to file charges before anyone can be extradited. This is an injustice.

Also this whole secret-trial crap is horribly unjust. I didn't know developed countries still conducted secret trials.
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HollywoodDog, then you can't be extridited
Will Farrell 24th Feb 2011
@Will Farrell
If you've never been to Sweden, you can't have been able to commit a crime there, right? Simple physics of not being able to have been somewhere you have never been.

That's what extradition is, for someone who is suspected of a crime in that country fleeing that country so they can't be questioned by the authorities. But they also have to have some sort of proof to present to the country you are in to show you are a suspect, just as the local police have to have some "proof" (a reason motive) to haul you down to the police station for questioning.

If you are a witness to a crime in another country even then they can't extradite you once you return home, but they can send over investigators to tape a statement or interview you, if you wish to help out.

But for the person facing the charges, yes it all happens in the country where the crime (or interest) has taken place, and yes the other country you are hiding in has to review the charges and complaint to determine if their is enough reasonable evidence to grant extridition.

It's not some random "plucking off the street" thing you make it out to sound.
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@Will Farrell ... if they want to extradite me to be questioned, so they don't have to come to the trouble of coming here?

It's not a matter for a US judge to rule that the evidence doesn't support their wanting me for questioning. All they have to do is ask, and the police come get me, right?

That's what's happening to Assange.
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HollywoodDog, you are following here.
Will Farrell 24th Feb 2011
@Will Farrell
They can't question you for a crime if you never been there to commit the crime.

Why would they question you if you are not a suspect?
And how could you be a suspect if you haven't been there?

It sounds like you want everyone to believe that they can just randomly pick your name out of a US phone book, say your a suspect, and have you extridited.

It doesn't work that way.
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I agree, Will Farrell
John Zern 24th Feb 2011
@Will Farrell
HollywoodDog just wants to blame everything on the US, turn a blind eye to everything except the US, and vent from his cabin in the woods with the rest of his militia.

You find out after a while he's here more for laughing at then actually posting a true, honest opinion.

He just want everyone to believe his little stories, no matter how far fetched or made up they come off as.
in this discussion.

But, the Assange/Wikileaks saga continues.
@John Zern
I have to agree, if Hollywoodpup hates US - then head on out, lord knows we would be better off and NO ONE is keeping is sorry rear here. I would give him about 6 months before he came crawling home.
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I am the only true American here
HollywoodDog 24th Feb 2011
@Will Farrell ... all the rest on this board want extrajudicial murders and whatnot. I want to defend against all enemies, foreign and domestic. Those who would use their official positions to commit crimes and cover it up are domestic enemies. That's why we need whistleblowers.
@Will Farrell

Will, you need to wake up. The fact is that PROPER procedure when someone has left the country is to send investigators overseas to question them in the local police precinct, unless you have enough to charge the person in question with a crime.

They don't have that here, and it seems like an attempt at putting fear into Assange and Wikileaks, if not to get him to a country where he can then be extradited to the United States illegitimately.
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adornoe: Why, thank you
John L. Ries Updated - 25th Feb 2011
I thought you might actually object to my contention that the case has to be proven in court, as there are a fair number of people who routinely assume that those accused (or even suspected) of criminal offenses are guilty (IMHO, these are not people that should be serving on juries). Only a handful of people know if the allegations in question are true, and I think it safe to assume that not one of them posts to ZDNet (certainly not about the case). The rest of us should allow the courts to decide.

And yes, sexual assault is an inherent crime (i.e. a crime, regardless of whether or not it's legally forbidden) in just about anyone's book. I find it difficult to believe that anyone other than a psychopath would think otherwise, and a psychopath wouldn't be likely to confess to such an opinion.

Finally, while I find it hard to believe that Mr. Assange would not get a fair trial in Sweden, or that police would take him into a back room and slap him around until he confesses (guilty or not), there are countries to which I would fight extradition even on a jaywalking charge (it wouldn't take much imagination to come up with a list). That said, I think that if I was the Swedish prosecutor in charge of Mr. Assange's case, and I thought I had sufficient evidence to convict him (otherwise, why issue the warrant?), my next move would be to go ahead and formally charge him and thus moot one of the grounds on which he intends to appeal the extradition order.
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I thought you might actually object to my contention that the case has to be proven in court

So, when did I say anything that would lead you to suspect that I object to how the law works? In fact, it's the opposite of what you're stating, where I suggested that, if a person is accused of a crime, that he/she needs to get his case heard, in a court of law.

My argument previously was not regarding the rape charges, and I don't have any more information on the rape charges than anyone else. But, in the case of leaks of confidential government documents, the evidence is all over the internet. Different cases, same person, although some may want to put an end to his internet leak antics by putting him behind bars for a long time using the rape charges.
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guantanamo awaits him
Linux Geek 24th Feb 2011
lets hope our allies will send this anti Americam prick directly to Guantanamo and not waste time in Sweeden with the useless legal process.

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