[LINK] Assange could face espionage trial in US

[Bernard Robertson-Dunn]

Assange could face espionage trial in US
Washington sees chance as WikiLeaks founder is jailed as battle begins 
to prevent extradition over sex charges
By Kim Sengupta,
Diplomatic Correspondent
The Independent
Wednesday, 8 December 2010
http://www.independent.co.uk/news/uk/crime/assange-could-face-espionage-trial-in-us-2154107.html

Informal discussions have already taken place between US and Swedish 
officials over the possibility of the WikiLeaks founder Julian Assange 
being delivered into American custody, according to diplomatic sources.

Mr Assange is in a British jail awaiting extradition proceedings to 
Sweden after being refused bail at Westminster Magistrates’ Court 
despite a number of prominent public figures offering to stand as surety.

His arrest in north London yesterday was described by the US Defence 
Secretary Robert Gates as “good news”, and may pave the way for 
extradition to America and a possible lengthy jail sentence.
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The US Justice Department is considering charging Mr Assange with 
espionage offences over his website’s unprecedented release of 
classified US diplomatic files. Several right-wing American politicians 
are pressing for his prosecution and even execution, with Sarah Palin, 
the former vice-presidential candidate, saying he should be pursued the 
same as al-Qa’ida and Taliban leaders.

Mr Assange’s appearance in the London court, the focus of massive 
international media attention, puts Britain in the centre of the 
controversy and recrimination over the publishing of thousands of 
diplomatic cables which have caused acute embarrassment to the 
administration in Washington. If the man responsible for putting them in 
the public domain is to be silenced, his supporters say, the process 
started here.

The Swedish government seeks Mr Assange’s extradition for alleged sexual 
offences against two women.

Sources stressed that no extradition request would be submitted until 
and unless the US government laid charges against Mr Assange, and that 
attempts to take him to America would only take place after legal 
proceedings are concluded in Sweden.

Mr Assange, 39, had voluntarily gone to a police station accompanied by 
solicitors after the issuing of an international warrant.

The court heard that Jemima Khan, the sister of the Conservative MP Zac 
Goldsmith, the film director Ken Loach and journalist John Pilger were 
among those who had offered to stand bail to the sum of £180,000. But 
District Judge Howard Rule remanded him in custody on the grounds that 
there was a risk the WikiLeaks founder would fail to surrender.

Mr Loach, who offered £20,000, explained that he did not know Mr Assange 
other than by reputation, but he said: "I think the work he has done has 
been a public service. I think we are entitled to know the dealings of 
those that govern us." Mr Pilger, who also offered £20,000, said he knew 
Mr Assange as a journalist and personal friend and had a "very high 
regard for him".

"I am aware of the offences and I am also aware of quite a lot of the 
detail around the offences,” said Mr Pilger. “I am here today because 
the charges against him in Sweden are absurd and were judged as absurd 
by the chief prosecutor there when she threw the whole thing out until a 
senior political figure intervened." Ms Khan offered a further £20,000 
"or more if need be", although she said she did not know Assange.

Gemma Lindfield, appearing for the Swedish authorities, successfully 
opposed bail being granted because there was a risk he would fail to 
surrender – and also for his own protection, she said. She outlined five 
reasons why there was a risk: his "nomadic" lifestyle, reports that he 
intended to seek asylum in Switzerland, access to money from donors, his 
network of international contacts and his Australian nationality.

Mrs Lindfield added: "Any number of people could take it upon themselves 
to cause him harm. This is someone for whom, simply put, there is no 
condition, even the most stringent, that would ensure he would surrender 
to the jurisdiction of this court."

Ms Lindfield told the court that Mr Assange was wanted in connection 
with four allegations of sexual offences.She said the first complainant, 
Miss A, said she was victim of "unlawful coercion" on the night of 14 
August in Stockholm. The court heard Mr Assange is accused of using his 
body weight to hold her down in a sexual manner.

The second charge alleged Mr Assange "sexually molested" Miss A by 
having sex with her without a condom when it was her "express wish" one 
should be used. The third charge claimed Mr Assange "deliberately 
molested" Miss A on August 18 "in a way designed to violate her sexual 
integrity".

The fourth charge accused Mr Assange of having sex with a second woman, 
Miss W, on 17 August without a condom while she was asleep at her 
Stockholm home.

District Judge Riddle said: "This case is not, on the face of it, about 
WikiLeaks. It is an allegation in another European country of serious 
sexual offences alleged to have occurred on three separate occasions and 
involving two separate victims. These are extremely serious allegations. 
>From that, it seems to me that if these allegations are true, then no 
one could argue the defendant should be granted bail.”

However he added: "If they are false, he suffers a great injustice if he 
is remanded in custody. At this stage in these proceedings, the nature 
and strength of the allegations is not known."

Mr Assange’s solicitor, John Jones, said he agreed the case was not 
about WikiLeaks but was a "simple accusation" case with the right to bail.

He said: "In relation to the state of play in Sweden, it is important 
for the court to be aware of the background to this. Mr Assange has made 
repeated requests that the allegations against him be communicated to 
him in a language he understands. That has been ignored by the Swedish 
prosecutor. Another Swedish prosecutor dropped this case early on for 
lack of evidence and it was resurrected in Gothenburg rather than 
Stockholm."

Another of Mr Assange's lawyers, Mark Stephens, said he believed British 
authorities would go to extreme lengths to ensure his client was 
"perfectly comfortable" during his time in jail. While he is confident 
Mr Assange's time behind bars will be brief, he said he did not want to 
appear to be "too cocky".

"I think a lot of people, including the police, thought that he would 
get bail today. They were very surprised he didn't," he said.

Praising District Judge Howard Riddle's assessment of the case, Mr 
Stephens said: "We are incredibly grateful to the judge for making it 
clear to the prosecutor that he thinks he wants to have a look at the 
evidence, to make assessments as to whether there is a real risk of 
conviction or not, because that will make a difference as to whether or 
not he wants to put him out on bail, or not, on the next occasion."

Criticising Swedish authorities involved with the case, Mr Stephens 
said: "It's a persecution, not a prosecution.".

He maintained that while Mr Assange was not prepared to go to Sweden to 
face alleged sexual assault claims, his client was prepared to meet the 
Swedish prosecutor in England.

"That, I think, is a reasonable approach," he said.

The pressure on WikiLeaks, which relies on online donations from a 
worldwide network of supporters to fund its work, continued after Visa 
and Mastercard suspended all payments to the website.

A spokesman for Visa E said: "Visa Europe has taken action to suspend 
Visa payment acceptance on WikiLeaks’ website pending further 
investigation into the nature of its business and whether it contravenes 
Visa operating rules." A MasterCard spokesman said: "MasterCard is 
currently in the process of working to suspend the acceptance of 
MasterCard cards on WikiLeaks until the situation is resolved.”

Kristinn Hrafnsson, a WikiLeaks spokesperson, said: "WikiLeaks is 
operational. We are continuing on the same track as laid out before. Any 
development with regards to Julian Assange will not change the plans we 
have with regards to the releases today and in the coming days."

-- 

Regards
brd

Bernard Robertson-Dunn
Canberra Australia
email:	 brd at iimetro.com.au
website: www.drbrd.com