News for hackers. Stuff that matters.
Re:Assange Hearing Day 6 by roenxi on Tuesday September 08, 2020 @05:21AM (#24406664)
Assange's crime here is embarrassing powerful people. On the one hand, we are never going to get a law that explicitly states this is a crime. On the other hand, that seems unlikely to matter. The US is apparently happy to literally scour the world for places where Assange has done something wrong if the Iceland claim is even a half-truth.

The basic issue that this article goes to is that the judge has broad discretionary power to hurry the defence along, and is using it. That is not unreasonable - defence by stalling tactics can't a legitimate strategy, so the judge must have those powers and be free to exercise them at her discretion. It is appropriate for the judge to have powers to guillotine witness time and to make procedural decisions. Even if they are unusual decisions.

The only thing Assange's defenders can hope for here is a great case study of how the US government doesn't care about details, they will reach out and try to grab anyone who makes it clear how they are operating. And then develop a rationalisation after the fact.

Really the most interesting thing in this article is the pervasive misspelling of "Sweden" as "the United States". I seem to recall a whole bunch of people arguing that Assange wasn't going to be extradited to the United States once they extracted him from the embassy. Possibly I am not remembering correctly and nobody admits to arguing that now.

Re:Assange Hearing Day 6 by blame_lewis on Tuesday September 08, 2020 @07:11AM (#24407252)
> I seem to recall a whole bunch of people arguing that Assange wasn't going to be extradited to the United States once they extracted him from the embassy.

At the time a fairly extensive collection of polemic was written that liberally used the word "paranoid".

The argument from his opponents seems to have mostly shifted towards "yeah, but he deserves it".

Re:Assange Hearing Day 6 by chippy on Tuesday September 08, 2020 @07:16AM (#24407280)
Worth also highlighting that this "whole bunch of people" can still be found here on HN. Often they are still very frequent posters and very well known members of HN. Some, however have given "I didn't know" or "the situation changed" half-apologies since.
Re:Assange Hearing Day 6 by toyg on Tuesday September 08, 2020 @09:25AM (#24408105)
> Some, however have given "I didn't know" or "the situation changed" half-apologies since.

I hope some people will take this as their "Iraq" moment, where the mechanisms of consensus-building by propaganda are laid bare. This is how powerful interests work: they push people to take sides with selected (or no) information, and by the time the full picture emerges, it's too late.

Re:Assange Hearing Day 6 by Consultant32452 on Tuesday September 08, 2020 @01:21PM (#24410533)
Have you noticed how no one who led us into the Iraq war, whether they be government, media, etc. has faced any consequence whatsoever? Even the few who have admitted a "mistake" talk about it as if it's a mistake like I forgot my wallet and not a mistake like I killed 100k+ people.

The major red pills in approximate order are

1) I'm being misled systematically

2) I've been misled since school

3) They are fully aware of what they are doing

4) Given the choice, they would prefer me dead over defiant

Re:Assange Hearing Day 6 by AndrewBissell on Thursday September 10, 2020 @01:50AM (#24429279)
5) They prefer you dead anyway, so might as well go with defiant
Re:Assange Hearing Day 6 by AndrewBissell on Tuesday September 08, 2020 @01:21PM (#24410522)
Anyone who bought the line that Assange didn't need to fear extradition probably will transition seamlessly from "the idea that Assange will be extradited if he leaves the embassy is a baseless conspiracy theory" to "well, he's accused of breaking the law, so it will be a good thing to extradite him to face trial in the U.S."
Re:Assange Hearing Day 6 by armitron on Tuesday September 08, 2020 @02:45PM (#24411520)
I remember Thomas Ptacek (tptacek) being particularly vocal and unjustifiably venomous towards Assange. One could say he went out of his way (on HN and social media) to broadcast his egregious views on the matter. Has he apologised?

This is just one instance:

https://news.ycombinator.com/item?id=11043329

Also, pasted from a different comment in this thread:

https://twitter.com/tqbf/status/821766035401572352

Re:Assange Hearing Day 6 by dane-pgp on Tuesday September 08, 2020 @04:29PM (#24412914)
We all make mistakes, but his comments you link to do show a huge error in judgement. The intention of the US government to capture Assange has been well documented since 2010:

> "It's certainly my belief, based on what the attorney general said, that they have already got an arrest warrant for him and they are just waiting for the appropriate moment in the appropriate country," Toobin said. [0]

(I can't help but find it ironic that in a thread about trying to silence a whistleblower, your comment trying to hold someone accountable for their past mistakes is being voted down).

[0] http://edition.cnn.com/2010/WORLD/europe/12/01/sweden.interp...

Re:Assange Hearing Day 6 by tome on Tuesday September 08, 2020 @07:29AM (#24407344)
If you have some to hand, links to examples of this extensive collection would substantially increase the utility of your comment.
Re:Assange Hearing Day 6 by dane-pgp on Tuesday September 08, 2020 @12:49PM (#24410204)
Here's one from 2012:

"The right does not have a monopoly on paranoia, as the conspiratorial fantasies of supporters of Julian Assange show. ... Greenwald argued that Assange was not a coward who dare not face his Swedish accusers but a true dissident, who was camping out in the Ecuadorean embassy because he had a genuine fear of persecution."

https://www.theguardian.com/commentisfree/2012/jun/24/nick-c...

Re:Assange Hearing Day 6 by AndrewBissell on Tuesday September 08, 2020 @12:54PM (#24410253)
Guardian journalist Charles Arthur in 2016:

"No one is detaining Assange except himself." https://twitter.com/charlesarthur/status/787431124020625408

"show me any reliable document anywhere that shows that anyone is detaining Assange in the Ecuadorean embassy." https://twitter.com/charlesarthur/status/794992629138288640

(I always love arguments of the form 'Initiative X has never been publicized in an official government document, therefore it's paranoid conspiracy theorizing to suggest it exists based on any other evidence at hand.')

Arthur even doubled down in January this year to insist he had not been wrong: https://twitter.com/charlesarthur/status/1221173664579825666

Re:Assange Hearing Day 6 by blame_lewis on Tuesday September 08, 2020 @09:01AM (#24407945)
Googling for "julian assange paranoid" will give you some examples. I'm hesitant to point the finger at a specific example, because I wasn't thinking of one in particular.
Re:Assange Hearing Day 6 by throwaway810 on Tuesday September 08, 2020 @12:29PM (#24409991)
You don’t have to look too hard, though. Here’s one from 2017:

https://twitter.com/SwiftOnSecurity/status/82147538290599116...

Re:Assange Hearing Day 6 by AndrewBissell on Tuesday September 08, 2020 @01:26PM (#24410586)
Some in the opsec community seem to have had particularly poor takes on the question of extradition: https://twitter.com/tqbf/status/821766035401572352
Re:Assange Hearing Day 6 by slim on Tuesday September 08, 2020 @02:08PM (#24411027)
most of the well known people among those guys have security clearances to be able to work with US gov. which means they are under obligation to report on a regular basis about the people they meet. which means we can say they are part of the "intelligence community" (or if we are less charitable we can call them snitches)
Re:Assange Hearing Day 6 by tome on Tuesday September 08, 2020 @03:21PM (#24411963)
> they are under obligation to report on a regular basis about the people they meet

Intriguing. People with a security clearance are required to give intelligence reports about people they have contact with?

Re:Assange Hearing Day 6 by sterlind on Tuesday September 08, 2020 @10:52PM (#24416438)
If you have contact with an agent of a foreign power, you're required to report the encounter and what you talked about.

I'm not really sure how agents, or contact, are defined. I think the law is intended to keep IC people honest and forthcoming about foreign attempts to turn people.

(Disclaimer: I have never held a security clearance.)

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @08:48AM (#24407846)
>The argument from his opponents seems to have mostly shifted towards "yeah, but he deserves it".

This is roughly true of me. My opinion shifted to "he deserves it" because there appears to be strong evidence that he committed a crime. Why should my opinion not change based on new information? (Is this something you are not open to? Do you intend to defend Assange whatever information about him comes to light?)

That being said, if you read more carefully, what people were actually saying is that he was unlikely to be extradited to the US for leaking classified information, as it would be hard to prosecute someone in the US merely for doing that. But he is now charged with other crimes that are more clear cut.

Re:Assange Hearing Day 6 by marcus_holmes on Tuesday September 08, 2020 @09:14AM (#24408038)
He's an Australian citizen who was in various countries while operating Wikileaks. What crime(s) did he commit?

It's not a crime to break USA secrecy laws (or, in fact, any US laws) while not being a citizen or resident of the USA. With the caveat that the behaviour is not also illegal in whatever country the alleged perpetrator is actually a citizen/resident of.

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @09:16AM (#24408047)
One of the crime's he's charged with is hacking.

What you are saying underlines my point. It was indeed unlikely that Assange would be extradited merely for leaking classified information, as it is difficult for even a US citizen to be successfully prosecuted for doing that. But he is being charged with other crimes.

Re:Assange Hearing Day 6 by marcus_holmes on Tuesday September 08, 2020 @11:16AM (#24409233)
I think you're missing the point of TFA. This is a show trial, not a legitimate extradition of a criminal. The fact that he's been charged with crimes doesn't make him guilty of them, and he, like everyone, deserves a fair hearing in court to determine that.

The original charges against him would have resulted in a failed extradition (as the prosecution admit). So the US government changed the charges during the trial to "better" ones that were more likely to succeed. Without giving the defence any time to prepare a case defending against those new charges.

This isn't justice. I'm ashamed as a UK citizen that we're not able to stand up to the USA and conduct an extradition hearing that is actually just. Especially since the USA refuses to extradite one of its citizens to the UK when charged with murder.

I'm furious as an Australian citizen (I'm dual-national) that we're not fighting to prevent such gross injustice to one of our own citizens. The Aussie government has done nothing, said nothing, about any of it. It's pathetic and infuriating.

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @11:25AM (#24409329)
It seems to me quite likely that he is guilty of the hacking charges (though I am open minded on this point).

For it to be a show trial there would have to be no realistic possibility of the jury finding him not guilty. I don't see why that should be the case.

Re:Assange Hearing Day 6 by marcus_holmes on Tuesday September 08, 2020 @11:53AM (#24409612)
well, for a start there's no jury. A magistrate, who is already clearly showing bias and a tendency to read verdicts from a laptop rather than actually decide them, is the sole arbiter of whether he gets extradited or not.
Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @12:02PM (#24409706)
I am talking about the trial following his (probable) extradition. If you'll forgive a little semantic pedantry, an extradition hearing is neither a trial nor (in the UK) a proceeding that's televized, so it would be quite a stretch to describe an extradition hearing as a 'show trial'.
Re:Assange Hearing Day 6 by vidarh on Tuesday September 08, 2020 @12:04PM (#24409723)
Why should we trust he will get a fair hearing at the actual trial if he's not even getting a fair hearing at the extradition hearing?
Re:Assange Hearing Day 6 by AndrewBissell on Tuesday September 08, 2020 @12:56PM (#24410277)
John Kiriakou (the only person from the CIA ever to be indicted from its involvement in torture, because he leaked details about it to the press) has said it is impossible that Assange will get a fair trial in the Virginia court which will handle his case.
Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @12:04PM (#24409735)
I don't agree with your premise. But the obvious answer would be that the the trial will take place in another country under a different legal system involving none of the same people (except Assange himself).
Re:Assange Hearing Day 6 by vidarh on Tuesday September 08, 2020 @12:14PM (#24409830)
It's not an obvious answer at all, given that the most reasonable implication of biased behaviour by the judged during the extradition hearing would be if there is pressure from the US behind the scenes.

As such, whether or not you agree that the judges behaviour actually is biased, if the judge is biased there is no reason to trust the US courts will be unbiased either.

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @12:38PM (#24410103)
I think it's more likely that the British judge just disagrees with your assessment of the case. Unless you have any actual evidence of something more sinister, we'll just have to leave it there.
Re:Assange Hearing Day 6 by vidarh on Saturday September 12, 2020 @10:31AM (#24452746)
Of course we don't have evidence of anything more sinister, but the reporting demonstrates a repeated and extreme bias coupled with treatment not normally seen in UK extradition cases, to a level that it's deeply irrational to assume there isn't pressure involved.

The pre-written decisions alone, read out unmodified after listening to testimony is irregular enough that it is illogical to assume this judge is doing her job, as there is no evidence to suggest she is..

Re:Assange Hearing Day 6 by foldr on Tuesday September 15, 2020 @03:22AM (#24478698)
What treatment is not normally seen in UK extradition cases? Were you a keen observer of UK extradition hearings prior to this one?

It's common for judges to read out their decisions. (Do you expect them to memorize their lines like actors?)

I don't know how you think you can know that the decisions are "unmodified". It's quite likely that the judge has prepared multiple options in advance and chosen one based on what happened at the hearing.

Re:Assange Hearing Day 6 by marcus_holmes on Tuesday September 08, 2020 @04:22PM (#24412818)
no, you don't understand. This is the trial. If he gets to the USA he'll "commit suicide" in a cell, or have some weird show trial where he confesses to everything. There's zero chance that the USA will actually conduct a fair trial, and set him free if he's found to do have done nothing except embarrass powerful people. This is his last chance. The British justice system was supposed to be incorruptible, and blind. Not so much now.
Re:Assange Hearing Day 6 by athms on Tuesday September 08, 2020 @07:21PM (#24414813)
Oh please, stop with the QAnon level conspiracy nonsense. Most likely, he will be offered a plea like everybody that has been charged, including Winner and Manning. If not, he will have a chance to run PrisonLeaks, doing hard hitting pieces on mystery meat and the proper recipe for shit on shingles.
Re:Assange Hearing Day 6 by rapind on Tuesday September 08, 2020 @11:55PM (#24416924)
Yeah I don’t think this rises to Q levels. You’d have to be pretty naive to think Assange will get a fair trial anywhere at this point.
Re:Assange Hearing Day 6 by athms on Wednesday September 09, 2020 @05:38PM (#24426232)
He will get as fair a trial as anybody in the US, which means not really fair, but certainly fairer than most poor people.
Re:Assange Hearing Day 6 by btilly on Tuesday September 08, 2020 @11:20AM (#24409277)
He is charged with hacking for receiving a hashed password and failing to successfully crack it.

There is absolutely no way that this would be pursued if it were not for his running Wikileaks. This is a clear case of using selective enforcement to enforce a rule that could not be created on a law. (Given the first amendment, what he did that we really don't like is very squarely protected by the Constitution.)

Re:Assange Hearing Day 6 by marcus_holmes on Tuesday September 08, 2020 @12:07PM (#24409754)
But he's not a USA citizen, and wasn't in the USA when the activity occurred. What the First Amendment to the Constitution of the USA has to say about it is completely irrelevant.
Re:Assange Hearing Day 6 by mindslight on Tuesday September 08, 2020 @12:24PM (#24409950)
> What the First Amendment to the Constitution of the USA has to say about it is completely irrelevant.

First, if Assange did not violate the law of the US, then there is no cause for extradition. And so it does make sense to be talking about the US legality at this point, since USG going against its very own charter indicates that he will not receive a fair trial.

More generally, the United States Bill of Rights is framed as listing natural rights that everyone has. Yes, NSA is violating your US fourth amendment rights, despite you not being a US citizen. YMMV with practical enforcement though.

Re:Assange Hearing Day 6 by chrisco255 on Tuesday September 08, 2020 @01:26PM (#24410585)
In legal practice this is not true at all. The recognition of natural rights and legal enforcement of them are two different things. The Constitution begins with the phrase "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence,[note 1] promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." It clearly states that the Constitution is for the people of the U.S.

The Declaration of Independence went further, "We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and inalienable rights; that among these, are life, liberty, and the pursuit of happiness"

However, no legal guarantees of rights are made in the declaration.

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @02:44PM (#24411513)
There's plenty of both comments by the founding fathers and subsequent Supreme Court case law that the constitution applies to non citizens as well pretty much anywhere it says "people" rather than "citizen". This comes from a combo of the rights at the time being more thought of as a listing of inalienable rights rather than rights granted by the government, as well as the idea that in order to hold non citizens to the obligations of the legal system you should grant the the rights of the legal system as well.

https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?a...

Re:Assange Hearing Day 6 by marcus_holmes on Tuesday September 08, 2020 @04:08PM (#24412566)
That doesn't mean it should apply to people who aren't citizens.

Applying Nigerian law to people who aren't citizens of Nigeria would rightfully be questioned. The USA is not exempt from that. Just because it's illegal in the USA doesn't make it illegal everywhere

Re:Assange Hearing Day 6 by mindslight on Tuesday September 08, 2020 @04:56PM (#24413258)
> Just because it's illegal in the USA doesn't make it illegal everywhere

You'll get 100% agreement from me on that, and for example I think the ongoing promulgation of global US jurisdiction using USD as a wedge is a travesty.

But we're discussing human rights and restrictions on government, not what the US has declared illegal for US persons being applied to non-US persons. We're really talking about applying US law to the US government, operating abroad.

Re:Assange Hearing Day 6 by mindslight on Tuesday September 08, 2020 @02:33PM (#24411373)
I acknowledged the mechanical legal aspect - "YMMV with practical enforcement though."

But we should hold our governments to the standards they are purportedly founded on, rather than buying into the justifications that they themselves have created. The opportunities to concretely do this are rare, but extradition trials being judged by a different government are one of those places.

Re:Assange Hearing Day 6 by raxxorrax on Tuesday September 08, 2020 @03:32PM (#24412088)
That it doesn't mean shit seems to be indeed "legal" practice.
Re:Assange Hearing Day 6 by behringer on Tuesday September 08, 2020 @01:16PM (#24410477)
The 1st amendment and the constitution applies to all persons. Not just citizens.
Re:Assange Hearing Day 6 by btilly on Tuesday September 08, 2020 @01:39PM (#24410715)
According to the courts, the Constitution does not apply at borders. See https://www.aclu.org/other/constitution-100-mile-border-zone for more.

Most US spying programs violate the 4th amendment. And have been ruled Constitutional as long as the targets are not US citizens. And if you want to seize someone's assets, you just sue the assets. The owner has been ruled to not have standing to object. See https://en.wikipedia.org/wiki/Asset_forfeiture for more.

Despite our law enforcement and government swearing to uphold the Constitution, it seems to be more useful as toilet paper sometimes.

Re:Assange Hearing Day 6 by marcus_holmes on Tuesday September 08, 2020 @04:12PM (#24412655)
No. The USA's constitution does not apply to people outside the USA. I don't know what kind of ideological bubble you need to live in to think that your country's laws are applicable to the entire planet, but I assure you they're not.
Re:Assange Hearing Day 6 by chrisco255 on Tuesday September 08, 2020 @01:23PM (#24410553)
In theory, yes. In legal practice, however, no...no it doesn't.
Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @11:23AM (#24409316)
All laws are selectively enforced. I think the more interesting question is whether he's guilty. I don't know. But if he did it, it's pretty clearly illegal, and it's reasonable to charge him.

Note that it's completely irrelevant that he failed to crack the password. Failure to successfully carry out a crime to completion just means that you're incompetent, not that you're innocent.

Re:Assange Hearing Day 6 by btilly on Tuesday September 08, 2020 @11:27AM (#24409358)
The only evidence we have that he is guilty is what is claimed to be an intercepted IM.

Were I on a jury, I would refuse to convict because I would consider there to be a reasonable doubt that the IM was real and not invented by the government to make their case.

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @11:37AM (#24409443)
Oh, do you have a friend on the prosecution team who’s presented the entire prosecution case to you before the trial?

Or do you mean that that’s the only evidence that’s publicly known at the moment?

Re:Assange Hearing Day 6 by btilly on Tuesday September 08, 2020 @11:52AM (#24409602)
That's the only evidence that's publicly known at the moment. And, given the extraordinary lengths that the USA has gone to to persecute Assange, it would take a high bar before I'd believe the government at this point.

What Assange is actually guilty of is running Wikileaks with the explicit purpose of making it hard for interest groups within the government to conduct "business as usual" against the interests of both the world and the American public.

On the positive side, Wikileaks helped convince the USA to get out of Iraq, and helped cause the Arab Spring uprisings that removed several dictatorships. On the downside, Wikileaks has become a pawn used by foreign espionage groups attempting to manipulate the US public. See the DNC email dumps which appear to be the work of Russian hackers attempting to manipulate the US election.

Go ahead and charge him with what he actually did, and convince the world that on the balance it does more harm than good. But don't manipulate governments around the world to pursue him by dishonest means.

Re:Assange Hearing Day 6 by foldr on Wednesday September 09, 2020 @04:54AM (#24418867)
I don't follow. If he's been charged with things that he's not actually done, then he's innocent and can show that in court.
Re:Assange Hearing Day 6 by btilly on Wednesday September 09, 2020 @12:01PM (#24422407)
The fact that someone is innocent is no guarantee that they can prove it in court. Can you prove whether or not you sent a particular IM a dozen years ago on a device that you no longer have access to?

And the rest of my point stands. The US government is not particularly upset that he failed to crack a password. They are upset that he created Wikileaks and publicly embarrassed a lot of influential people.

Re:Assange Hearing Day 6 by foldr on Thursday September 10, 2020 @03:59AM (#24429965)
>The fact that someone is innocent is no guarantee that they can prove it in court.

He doesn't have to prove it, just show that it's plausible. The burden of proof is on the prosecution.

>The US government is not particularly upset that he failed to crack a password. They are upset that he created Wikileaks and publicly embarrassed a lot of influential people.

I think they probably are upset that he tried to help someone hack into a DoD system.

Re:Assange Hearing Day 6 by colejohnson66 on Tuesday September 08, 2020 @09:19AM (#24408071)
Now, before people crucify me for saying what’s ahead, I want to make it clear that I do not support the Espionage Act; it is a terrible attack on our Freedom of Speech and the Press. However, I am simply refuting a point using the law as it stands today. Also, IANAL.

> he was unlikely to be extradited to the US for leaking classified information, as it would be hard to prosecute someone in the US merely for doing that.

The Espionage Act of 1917[0] covers that situation quite well. It’s what all whistleblowers are charged with. We’ve even put a few people in prison for it, and the Supreme Court upheld its constitutionality in two cases in 1919[1][2]. Snowden is wanted for it.

As for how it covers this situation, the text of the act[3§1] says:

> That (a) whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information to be obtained is to be used to the injury of the United States, or [...]

It does list other reasons such as aiding the enemy, but I feel that this part is what the prosecution would argue.

Now, would the US have jurisdiction to even argue this as the crime happened outside the US? That I do not know, but I have a feeling the courts would say they do as the crime was against the (federal) state.

[0]: https://en.wikipedia.org/wiki/Espionage_Act_of_1917

[1]: https://en.wikipedia.org/wiki/Schenck_v._United_States

[2]: https://en.wikipedia.org/wiki/Debs_v._United_States

[3]: https://en.wikisource.org/wiki/United_States_Statutes_at_Lar...

Re:Assange Hearing Day 6 by belorn on Tuesday September 08, 2020 @03:42PM (#24412213)
Extradition laws are usually limited in that they only cover crimes with is illegal in both countries. As far as I know, no other country except the US has a law that say "is to be used to the injury of the United States".
Re:Assange Hearing Day 6 by jasomill on Wednesday September 09, 2020 @12:45AM (#24417224)
Usually, but not always.

Moreover, other countries have laws analogous to provisions of the Espionage Act, and it's hardly impossible that some alleged act could be viewed as detrimental to the security of both the US and another country.

Note that I'm speaking generally here, and not in reference to the facts of this particular case.

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @09:24AM (#24408094)
Yes fair enough. I'm not trying to offer a legal opinion, just noting that there is some precedent for journalistic privilege in releasing such information (e.g. the Pentagon papers).
Re:Assange Hearing Day 6 by colejohnson66 on Tuesday September 08, 2020 @09:26AM (#24408107)
That is actually a very valid argument/question: Is Assange (through WikiLeaks) “press”? I feel that he is, but the US is claiming he aided Manning in hacking; In that case, he (Assange) isn’t innocent (whether it’s true or not is a different question).
Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @09:29AM (#24408126)
Yes, indeed. It will be an interesting case for sure.
Re:Assange Hearing Day 6 by raxxorrax on Tuesday September 08, 2020 @09:46AM (#24408262)
Do you have taken any consequences for the narrative spun around the Iraq war? That cost hundreds of thousands of lives.

Assange didn't kill anyone just for your information and claiming ignorance can only get you so far before it becomes a lie.

Re:Assange Hearing Day 6 by nix23 on Tuesday September 08, 2020 @09:21AM (#24408078)
>leaking classified information

The problem is, he is NOT a US-Citizen, by that fact he cannot be a traitor.

A Agent? No because he did not acquired that information, by that actual definition every country and every press outlet is a agent.

So what has he done? MAYBE endanger the life of US Citizens, which is really not important since he is NOT a US-Citizen.

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @09:24AM (#24408096)
Did you read the second paragraph of my post at all? I agree with you.
Re:Assange Hearing Day 6 by ben_w on Tuesday September 08, 2020 @06:08AM (#24406917)
What I remember arguing at the time was: it is easier to extradite directly from the UK to the USA than from the UK to the USA via Sweden.

Note also that Sweden only found out that the UK had removed Assange from the embassy because America had begun extradition proceedings against him, even though Sweden still wanted to get hold of him.

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @07:13AM (#24407259)
It's easier to extra judicially grab at least non citizens from Sweden.

Sweden has assisted the US before in breaking their own laws to help black bag their residents. The UK instead makes you bounce through their whole court system, not wanting to be overruled by one of their former colonies.

Re:Assange Hearing Day 6 by vermilingua on Tuesday September 08, 2020 @07:44AM (#24407431)
I saw someone comment a while ago that Brexit effectively demotes the UK to being a colony of the US through trade dependence once they’re cut off from their special access to Europe.

Does this not effectively prove that? The US has made a decision, and like a good vassal the UK judiciary is delivering Assange to them.

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @07:51AM (#24407477)
There's a fairly public trial now though, and this is what the US was trying to avoid with the Sweden route.

Sweden has provided it's own police to assist CIA operatives in black bagging it's own residents against it's own laws and process and sent them to an Egyptian prison clearly to be tortured and then blamed it all on a dead politician.

https://en.wikipedia.org/wiki/Repatriation_of_Ahmed_Agiza_an...

Re:Assange Hearing Day 6 by ben_w on Tuesday September 08, 2020 @09:33AM (#24408152)
I have the impression that the UK government genuinely (and incorrectly) believes itself to be in a position of strength, at least for now.

To the extent that it is now sycophantic towards the USA, it already was — the “special relationship” meme in UK politics has been around for a long time.

Re:Assange Hearing Day 6 by Chris2048 on Tuesday September 08, 2020 @09:44AM (#24408246)
It doesn't prove the UK are any more protected while part of the EU - the EU has American trade dependence too.
Re:Assange Hearing Day 6 by notahacker on Tuesday September 08, 2020 @12:05PM (#24409741)
The problem with this theory is that if someone wanted to extra-judicially grab Assange at the time it would have been easier to do this without going through a convoluted process to charge them with a totally unrelated and arguably more serious offence in Sweden. He was living there, and his address wasn't a secret.

The UK's record on unlawful rendition flights (at America's behest and otherwise) is also not good and our extradition treaty with the US very one-sided; though there was a reasonable possibility its courts might have stymied a European Arrest Warrant for something his lawyers argued wasn't equivalent to a charge and wasn't equivalent to the crimes in English law...

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @12:12PM (#24409808)
> The problem with this theory is that if someone wanted to extra-judicially grab Assange at the time it would have been easier to do this without going through a convoluted process to charge them with a totally unrelated and arguably more serious offence in Sweden. He was living there, and his address wasn't a secret.

The Iraq release from Manning's leak occurred after he left Sweden. Getting him back onto Swedish soil would have been the first step.

> The UK's record on unlawful rendition flights (at America's behest and otherwise) is also not good

The UK has never allowed rendition from the British isles, and certainly would not allow a former colony to subvert their court system.

Re:Assange Hearing Day 6 by notahacker on Tuesday September 08, 2020 @01:09PM (#24410407)
> The Iraq release from Manning's leak occurred after he left Sweden. Getting him back onto Swedish soil would have been the first step.

Assange lived happily on Swedish soil for ages, apparently without any particular fear of unlawful rendition. He voluntarily attended a police station regarding sex offence allegations, his lawyer had ongoing discourse with the prosecutor regarding the reopening of the case, and he was still happy to continue live in Sweden. He then left the country when they informed his lawyer they did want to charge him.

I'm not sure the fact the US wasn't even aware of the Iraq release at the time undermines my observation that this behaviour looks more like somebody seeking to avoid facing sex offences charges in court than unlawful abduction. And likewise that Swedish actions look like a slow motion bureaucratic response to sex offence allegations that would have been tricky to prosecute and not a dastardly plot to get him to the US.

The fact the US has subsequently chosen to actually open a case against him based on something they didn't even know about at the time doesn't really change that (although FWIW I think it's politically unwise for them to bother)

> The UK has never allowed rendition from the British isles, and certainly would not allow a former colony to subvert their court system.

Apart from British soil having been a stopping point for CIA rendition flights and its enthusiastic cooperation with US schemes overseas, the UK has also routinely bent its own law to deport asylum seekers before their appeals are completed in manner not dissimilar to the Swedish cases which keep getting cited. (The same Home Secretary that was happy to push the unlawful 'deport first, appeal later' policy was, ironically, also the only thing stopping Gary McKinnon from being legally deported to the US after exhausting every single appeal, because our court system isn't that fussed that the US might be overzealous with national security related hacking prosecutions. But I doubt Assange had much hope of helpful intervention from her...)

Re:Assange Hearing Day 6 by dane-pgp on Tuesday September 08, 2020 @01:06PM (#24410372)
> The UK has never allowed rendition from the British isles

Rendition of residents of the British isles, at least.

Re:Assange Hearing Day 6 by dragonwriter on Tuesday September 08, 2020 @01:22PM (#24410546)
> It's easier to extra judicially grab at least non citizens from Sweden.

Even if that were the case, that's not the right comparison. The comparison has to be of the combination of extradition to Sweden plus rendition from Sweden vs. the easier of extradition or rendition from the UK. Since, after all, he was already in the UK, not in some indeterminate state that the US could collapse to either Sweden or the UK at its preference with no effort.

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @01:54PM (#24410870)
Extradition and rendition aren't equivalent though.

In the rendition case, you avoid the possibility of airing all sorts of dirty laundry in a foreign court, so it makes sense that they'd pursue that for as long as they could, and once that was not an option pursue extradition while heavily limiting public access (as they have here).

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @08:42AM (#24407806)
>It's easier to extra judicially grab at least non citizens from Sweden.

I see this repeated all over the place as if it were an obviously established fact, but there is no reason to think that this is true. Extrajudicial actions and their consequences are inherently unpredictable. It's pure speculation to say that it would have been easier to do it from Sweden than from the UK.

In any case, this particular line of Assange apologism is rather obviously out of date, since we see that the US can (in all likelihood) quite easily extradite him now that he's out of the embassy, and thus has no reason to use extrajudicial means.

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @08:52AM (#24407872)
> I see this repeated all over the place as if it were an obviously established fact, but there is no reason to think that this is true. Extrajudicial actions and their consequences are inherently unpredictable. It's pure speculation to say that it would have been easier to do it from Sweden than from the UK.

The proof is an empirical one.

https://en.wikipedia.org/wiki/Repatriation_of_Ahmed_Agiza_an...

> In any case, this particular line of Assange apologism is rather obviously out of date, since we see that the US can (in all likelihood) quite easily extradite him now that he's out of the embassy, and thus has no reason to use extrajudicial means.

If they went the Sweden route, they wouldn't have needed this public trial that we're all commenting on, and he'd already be in US custody.

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @08:53AM (#24407883)
You have a strange idea of "proof". The fact that something happened in Sweden once is hardly proof that it could not happen in the UK. By the way, you might want to look at the "aftermath" section of that Wikipedia article.

It's far from clear to me that the US wants to avoid a public trial. It's not as if Assange is particularly popular these days.

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @09:02AM (#24407953)
> You have a strange idea of "proof". The fact that something happened in Sweden once is hardly proof that it could not happen in the UK.

Except the UK has a very clear no extraordinary rendition policy, and even the idea that UK airports had been used as a refueling stop for rendition flights was a minor scandal in the UK. http://news.bbc.co.uk/2/hi/uk_news/6736227.stm Meanwhile Sweden has broken it's own laws to assist the US in black bagging it's own residents.

> By the way, you might want to look at the "aftermath" section of that Wikipedia article.

Can you be more specific? My reading is that Sweden found it's own actions to be illegal, paid out a settlement to those whose genitals were electro shocked in an Egyptian prision, but no Swedes faced any real consequences.

> It's far from clear to me that the US wants to avoid a public trial. It's not as if Assange is particularly popular these days.

And yet even this article you're commenting on goes into the large amount of work going on by the US government to remove observers, including Amnesty International, from the proceedings.

Re:Assange Hearing Day 6 by ben_w on Tuesday September 08, 2020 @09:45AM (#24408254)
According to the Open Society Foundation, the UK did a lot worse than just refuelling planes: https://www.justiceinitiative.org/uploads/655bbd41-082b-4df3...

> this article you're commenting on goes into the large amount of work going on by the US government to remove observers, including Amnesty International, from the proceedings.

I think we all agree that the USA is acting like a bad guy here, regardless of how we feel about Assange and Sweden.

Re:Assange Hearing Day 6 by vidarh on Tuesday September 08, 2020 @11:42AM (#24409487)
And Swedish military intelligence uncovered Swedish staff complicit in ongoing rendition flights via Sweden years after the black-bagging incident had caused the government to formally protest about it.

We know this only because Wikileaks leaked cables from the US embassy after they were called in for the Swedish government to object that this continued to happen even without the governments knowledge.

So one thing is what the Swedish government itself would be complicit with. Another is whether the US cares and whether the Swedish government would have the power to stop it.

Personally my pet theory is that the Swedish charges were not something that happened with US involvement, but an overzealous prosecutor, but that there were enough iffy things going on that I understand why Assange would fear being sent there - that fear does not need to be justified to be real.

But I also know that as someone living in the UK, even with the kangaroo court Assange is currently subject to, I'd far prefer to face an extradition hearing in the UK to Sweden, because even in the face of this I wouldn't trust the Swedish government to be able or willing to resist as much as the UK government.

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @11:06AM (#24409137)
Ok, fair enough. They have a very clear 'no extraordinary rendition to or from the british isles' policy.

They will participate when the US takes someone from a third country.

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @09:10AM (#24408007)
There was a scandal in Sweden too. It’s telling that you Assange conspiracists have been referring to an isolated event in 2007 for over a decade now. There is simply no factual basis for the assertion that it would be easier to snatch Assange from Sweden than from the UK. Especially when you consider what a huge international scandal that would inevitably have caused either government. The idea only makes sense as part of a silly conspiracy theory. If you want sensible people to believe the conspiracy theory, you'll have to do offer more than a largely irrelevant Wikipedia article plus a ton of wild speculation.

The trial is going to be public, as I understand it, so who cares if Amnesty International are there or not? They'll see and hear the same things as anyone else who is there. But anyway, if you are right, this just goes to show that the US can avoid a fully public trial and yet still extradite him, which by your logic gives them even less motive for using extraordinary rendition!

Re:Assange Hearing Day 6 by vidarh on Tuesday September 08, 2020 @11:43AM (#24409503)
There was a scandal, yes, and then cablegate revealed rendition-flights via Sweden kept happening for years afterwards and the Swedish government kept it quiet when they discovered it.
Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @12:09PM (#24409772)
It's quite likely that such flights also took place in the UK. Kidnapping Assange would have been an entirely different affair in any case. It would have created an enormous international scandal whichever country the kidnapping took place in.

There is not a shred of evidence to show that the US had any intention of kidnapping Assange. We are in the realm of pure conspiratorial speculation here. ("They are bad guys; this would be a bad thing; therefore they would do that thing.")

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @12:25PM (#24409960)
> It's quite likely that such flights also took place in the UK.

Can you give any examples of this happening? Particularly given that we have access to the same diplomatic cables from the US embassy in the UK as the Swedish one which showed continued rendition flights from Sweden?

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @02:36PM (#24411420)
If you take the UK government at its word, none of the many rendition flights that indubitably passed through the UK contained any prisoners. But if you consistently took the UK government at its word, you could hardly maintain the positions that you do.
Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @03:15PM (#24411888)
You don't take the UK government at it's word. You take the leaked cables at their word that cover renditions in Sweden and other countries, but not the UK.
Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @03:57PM (#24412406)
Which leaked cables establish that there were no prisoners on board rendition flights passing through the UK? And moreover, establish that this was a matter of policy?

Zooming out a bit, there is very little analogy between the Agiza/Alzery case and anything that could conceivably have happened to Assange. Ahmed Agiza and Muhammad Alzery were asylum seekers whose asylum applications failed and who were then deported to their home country. The correct legal procedures around deportation were not followed (and of course the Egyptians broke their promise not to torture the two men), but it is a huge stretch to try to make an analogy between this case and some supposed plot to kidnap Assange once he was in Sweden. The latter would have been a vastly more flagrant breach of the law than a rushed deportation, and would have made a mockery of Sweden's original extradition request.

The simple fact is that it is extremely unlikely that the US would have kidnapped Assange from any location.

Re:Assange Hearing Day 6 by ikeboy on Tuesday September 08, 2020 @09:54AM (#24408358)
The argument was that it was strictly harder to extradite him from Sweden than from the UK, therefore his argument against going to Sweden was bullshit.
Re:Assange Hearing Day 6 by pjc50 on Tuesday September 08, 2020 @05:48AM (#24406810)
The facts change: the charges against him were dropped/timed out in Sweden, and then the US started an extradition request.

The idea that it was harder to extradite him to the US from the UK than from Sweden, and that the extradition to Sweden was a pretext, was a very odd one - a priori I would have said it was the other way round.

Re:Assange Hearing Day 6 by belorn on Tuesday September 08, 2020 @06:15AM (#24406940)
You have switched the time stamps. The US started their extradition request and then Sweden dropped the case. The exact date was on 2 May 2019 when the first hearing was held in London into the United States request for Assange's extradition. The Swedish prosecution announced that their 7 years investigation had been dropped on 19 November 2019.
Re:Assange Hearing Day 6 by acqq on Tuesday September 08, 2020 @06:23AM (#24406986)
As far as I remember, Sweden did deliver to the US certain wanted people practically without a court procedure (or with less than it's certain it would be needed in the UK). It's not that Sweden or the UK would not deliver somebody to the US, it's that in the UK the procedure is more complex. Apparently, the US would have needed to fulfill less formalities to get him from Sweden, and that is what Assange worried about. But as he spent enough time in the embassy, that advantage of Sweden became irrelevant.
Re:Assange Hearing Day 6 by chippy on Tuesday September 08, 2020 @07:19AM (#24407291)
>I seem to recall a whole bunch of people arguing that Assange wasn't going to be extradited to the United States once they extracted him from the embassy.

Were you one of the people that said he wouldn't be extradited to the US?

Re:Assange Hearing Day 6 by sneak on Tuesday September 08, 2020 @06:35AM (#24407062)
There were never any charges in Sweden. Please do not propagate this false belief.
Re:Assange Hearing Day 6 by Gwypaas on Tuesday September 08, 2020 @07:47AM (#24407447)
This is simply basic differences between how different justice systems operate. He was as formally charged as you get in Sweden until the investigation was dropped, only using different words.

Assange was arrested in his absence and wanted for questioning in relation to accusations against him of rape and sexual molestation. This was the first step in the criminal prosecution procedure in Sweden, and only after the questioning would the prosecution authority be able to formally indict him.[10]

https://en.wikipedia.org/wiki/Assange_v_Swedish_Prosecution_...

Re:Assange Hearing Day 6 by monocasa on Tuesday September 08, 2020 @07:59AM (#24407522)
He was then questioned on Nov 14, 2016, and still not charged.
Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @08:43AM (#24407815)
He couldn't be formally charged under the Swedish system because he wasn't in Sweden. (And yes, I know that in principle the Swedish authorities could probably have figured out some way to try him in absentia, but they chose not to because it would have been pointless, and they are perfectly free to make that decision.)

Everyone repeating this nonsense should just take the time to read the British High Court judgment, which sets it all out very clearly.

Re:Assange Hearing Day 6 by justsee on Tuesday September 08, 2020 @09:36AM (#24408179)
It's important to remember the Swedish authorities were never interested in testimony from Assange.

It's worth reading this interview [1] with Nils Melzer, the UN Special Rapporteur on torture, which reveals in shocking detail the level of manipulation around this entire case.

As Melzer says "You just have to look at how the case was run: For Sweden, it was never about the interests of the two women."

[1] https://www.republik.ch/2020/01/31/nils-melzer-about-wikilea...

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @09:39AM (#24408204)
The Swedish prosecutors wanted to try Assange on rape charges. Their actions were geared towards getting that to happen. Merely having Assange "testify", outside of a courtroom setting, would not necessarily have furthered that goal.

I do not see how that conflicts with the interests of the two women.

Re:Assange Hearing Day 6 by justsee on Tuesday September 08, 2020 @10:09AM (#24408499)
Actually it's clear from Melzer's thorough investigation, where he reviewed the entire case material, including original Swedish documents, that this was an operation to frame Assange and extradite him to the US – and nothing to do with the two women, who were very clearly pawns in the process.

It's really worth reading the interview closely to understand how thoroughly justice has been perverted in numerous countries to get at someone who revealed horrendous crimes.

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @10:12AM (#24408541)
I'm aware of the existence of such conspiracy theories. To me, the simpler and more plausible explanation is that Assange did what the women accused him of doing.
Re:Assange Hearing Day 6 by justsee on Tuesday September 08, 2020 @10:36AM (#24408805)
Melzer goes into detail about how the women didn't accuse him of rape.

It's worth engaging in the facts on this issue, rather than gripping onto a received narrative in dismissive fashion, and the interview really goes into significant detail, including behind-the-scenes behaviour of Sweden that Melzer was privy to as UN Special Rapporteur on torture.

It's one of those articles where people go in with the perspective you show here, and come out the end of it stunned by the truth of Assange's unjust treatment.

In fact Melzer starts out by stating he began with the same attitude, initially refusing the case as "My impression, largely influenced by the media, was also colored by the prejudice that Julian Assange was somehow guilty and that he wanted to manipulate me."

It is probably one of the best summaries of his case I've read, from a highly credible, independent investigator:

https://www.republik.ch/2020/01/31/nils-melzer-about-wikilea...

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @10:48AM (#24408940)
He was accused of initiating sex without using a condom following an explicit request for him to use a condom. The High Court judged that this action certainly constituted rape under UK law. It is also a crime under Swedish law (though I don't know how different levels of sexual assault / rape are classified in Sweden).

It's always surprising to see just how grubby Assange's defenders are willing to get, up to and including rape apologism.

Re:Assange Hearing Day 6 by justsee on Tuesday September 08, 2020 @11:35AM (#24409434)
There's a demonstrated lack of understanding around important details of this case in your responses.

The accusation you raise is a key part of the interview with Melzer.

The original witness statement was intentionally destroyed, and the supervisor of the policewoman who conducted the questioning wrote an email telling her to rewrite the statement.

(The original copies of the mail exchanges between the Swedish police are actually displayed in the article.)

The statement that forms the basis of that claim "was edited without the involvement of the woman in question and it wasn’t signed by her. It is a manipulated piece of evidence out of which the Swedish authorities then constructed a story of rape."

As to your attempted lazy smearing – it doesn't really do you any favours here.

As a final plea, perhaps read-up on the details so you can get a better understanding of the case:

https://www.republik.ch/2020/01/31/nils-melzer-about-wikilea...

Re:Assange Hearing Day 6 by foldr on Tuesday September 08, 2020 @11:59AM (#24409669)
The key evidence comes from text messages and testimony from people other than the two alleged victims.

If indeed this evidence was all fabricated (I doubt it, but who knows), then the best venue for evaluating that claim would have been a Swedish court.

Now we will never really know exactly how strong the case was. But it was strong enough to justify bringing Assange to trial, and he has done himself no favours by hiding in an embassy for seven years.

Re:Assange Hearing Day 6 by nsajko on Wednesday September 09, 2020 @07:19AM (#24419763)
For the record: Nils Melzer is full of shit: https://news.ycombinator.com/item?id=22209868