back to article 'I do not wish to surrender' Julian Assange tells court over US extradition bid

Julian Asssange unsurprisingly told a judge today that he did not “wish to surrender myself” to a US extradition request. Appearing via video link from HM Prison Belmarsh in south-east London, the day after he was sentenced to 50 weeks’ imprisonment for jumping bail, Assange said: “I do not wish to surrender myself for …

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      1. Malcolm Weir

        Technically, this is incorrect. The US will have to show that they have reasonable suspicion that the offenses were committed by the accused, which they have -- that's what the grand jury indictment is.

        The fight will be over whether extraditing Assange will violate his human rights, etc. Any grandstanding about how the US will immediately whip out new charges will be dismissed, because that's against the treaty ("specialty" and all that), and the court will assume that the US will abide by the rules even if no pro-Assanger thinks they will.

        1. Alan Brown Silver badge

          " the court will assume that the US will abide by the rules "

          If/when the US does not, what happens next? Does the UK tear up the treaty?

          Or do poodles remain wandering halls of power?

    1. Anonymous Coward
      Anonymous Coward

      Can the Americans request extradition in advance?

      If this attempt fails, can they put in place extradition requests as he physically moves through jurisdictions on his way to his next destination?

  1. LeahroyNake

    Chelsea pardoned by Obama

    Maybe they are waiting on Chelsea to speak up so they can accuse Assange of something else but she is rightfully staying quiet while locked up... Again. The whole thing in a massive farce!

    Where is my ticket of this planet :/

    1. Anonymous Coward
      Anonymous Coward

      Re: Chelsea pardoned by Obama

      Where is my ticket of this planet :/

      Just travel to the US and hang around near schools or shopping malls, or blacken up and annoy a cop. You'll receive help quickly, although I cannot make any predictions about the destination.

  2. Zippy´s Sausage Factory
    Paris Hilton

    My questionn is who else they have sealed warrants on, and are they waiting until they get their hands on Assange before they start grabbing people?

    I actually find myself wanting to see Assange on a plane bound for Washington asap, if only to find out what's really going on...

    (Paris icon because, as you can tell, I really don't have a clue what's going to happen next...)

  3. I Am Spartacus

    Journalist my arse

    Calling Asange a journalist is stretching the point beyond breaking.

    He doesn't report things. He simply republishes what people have sent, often illegally, to him. Now, if he had read the leaks from Manning and redacted names, places, dates etc. he might have a fighting chance of being a journalist. But describing him as a such demeans the whole of the fourth estate.

    1. amanfromMars 1 Silver badge

      Re: Journalist my arse

      What would you then choose, I Am Spartacus. Conduit for/or Source Intelligence Supplier?

      And now AI Pusher Man? That would make him a national treasure.

      Does Belmarsh Provide or Deny Citizens of Worlds their Global Operating Device Rights to Free and Far Reaching Cyber Space Defence Forces ....... Supplying Immaculate Virtual Assistance with Prime AIdMinisterial Source Resources.

      Honi soit qui mal y pense treasure say all who are many.

      One wouldn't want to be recorded being discovered beautifully uncovered and enjoying just messing around in any such space place as has Greater Simple Temptations APTly Sated for Servering with Immaculate Supply. ........ hence to Remotely Lead from Afar with AIMentoring and Monitoring of Future Source Provision into Current Realisations ...... in order to preclude their Crashing without such Raw Core Source Production.

      FCUKing Creation just doing ITs AI Thing for Y'All ‽ .

      Crikey, you must have touched an ACTive Nerve there, IAS.

      I would struggle to find anything not to like immensely in similar such Right Nervous Excitement PR0Motions.

      And I am amazed at how long those few words took to be written.

      Ciao for now, again :-)

    2. amanfromMars 1 Silver badge

      Re: Journalist my arse

      Oh? A journalist doesn't report things, simply publishing what people have sent them and/or what they have gleaned?

      Since when did that fundamental staple change to something else lesser and sub-prime?

      You're talking out of your arse there, I Am Spartacus .... surely?

    3. Alan Brown Silver badge

      Re: Journalist my arse

      "He doesn't report things. He simply republishes what people have sent,"

      You just described 95% of the content of every newspaper on the planet.

  4. smudge
    Flame

    If it's OK for a Cabinet Minister...

    ... to leak national security information and not be prosecuted, then surely it's OK for Assange to try to hack into some other country's computers?

    No need for investigation of Williamson = no need to even consider extraditing Assange.

    One law for everyone, isn't it?

  5. Anonymous Coward
    Big Brother

    Files were illegally received by journalist?

    The US authorities allege these were illegally received by Assange, and thus illegally published to the world.”

    Is a journalist receiving files from a source an extraditable offense under the US UK Extradition Treaty of 2003:

    ‘An offense shall be an extraditable offense if the conduct on which the offense is based is punishable under the laws in both states’

    ‘If the laws in the Requested State do not provide for the punishment of such conduct committed outside of its territory in similar circumstances, the executive authority of the Requested State, in its discretion, may grant extradition provided that all other requirements of this Treaty are met.’

    ‘.. extradition shall not be granted if the competent authority of the Requested State determines that the request was politically motivated.‘

    “All requests for extradition shall be supported by .. the relevant text of the law(s) describing the essential elements of the offense for which extradition is requested”

    “A person extradited under this Treaty may not be detained, tried, or punished in the Requesting State except for: (a) any offense for which extradition was granted”

    1. Malcolm Weir

      Re: Files were illegally received by journalist?

      Nope. A journalist receiving files from a source is not a crime in the USA, so it isn't extraditable.

      However, an individual with a (criminal) record for hacking (Assange, 1996) advising an individual how to break into a computer system is the crime of accessory to an act of computer abuse and an accessory to the crimes for which Manning was convicted. That is extraditable.

      Hence the extradition proceedings.

      1. Anonymous Coward
        Anonymous Coward

        "A journalist receiving files from a source is not a crime in the USA, so it isn't extraditable."

        That's why good journalists do a lot to protect their sources - because the sources could have committed a crime, something again Assange doesn't care of. Just dumping everything or so can leak out the source as well.

        Anyway if a journalist acts to commit or promote a crime, it can be liable as well - just look at the "News of the World" scandal.

  6. RunawayLoop

    Assanger the Seer

    Serious question bc I don't know the UK system but are UK courts allowed to extradite to countries that have the death penalty?

    1. Malcolm Weir

      Re: Assanger the Seer

      Yes. But by policy the UK must obtain an undertaking that, if convicted, the extraditee will not face it.

      This used to be a bright-line rule: if the UK government provides any assistance in a prosecution, the death penalty must not be sought by the assisted country. Sadly, the current scumbag Conservatives have weakened this rule considerably by agreeing to waive this requirement for case where they provide information used in a prosecution (both Boris and Sajid independently engaged in this disgusting behavior).

  7. Anonymous Coward
    Anonymous Coward

    Inside story?

    Inside choko, more likely

  8. Nick Kew
    Devil

    Botany Bay should do nicely

    For the UK to lock him up is legit, though IMHO a bit petty at this stage.

    For Sweden to put him on trial and lock him up if found guilty would be entirely legitimate. But he's a hot potato, and I suspect the Swedish authorities would rather never see him again. Hence why they haven't issued a new warrant.

    For the US to lock him up would be political, and political prisoners deserve our support. The prospect of supporting Assange has very little appeal.

    If Sweden shows no interest, just let him go when he's served his sentence: we routinely do that with criminals at all levels of seriousness. Or deport him back to Oz - the sooner the better.

    1. Alan Brown Silver badge

      Re: Botany Bay should do nicely

      "Or deport him back to Oz - the sooner the better."

      Of course the problem there is that Australia don't want him and they'd put him on the first available plane to LAX - with or without legal authority to do so.

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