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morningfog

(18,115 posts)
Fri Aug 17, 2012, 11:26 PM Aug 2012

You can be pro-victims rights and still acknowledge the absurdity of the Assange ordeal

You can be pro-rape victims rights, I am.

You can be anti-rape, I am.

You can think Assange is a son-of-a-bitch, I do.

And you can still acknowledge the absolute absurdity of what has transpired.

In fact, to deny that this is all about doing what ever is possible to get Assange into custody would be naive. If you believe that Sweden, Great Britain and Ecuador have taken this on over rape accusations (not yet charges) you are lying to yourself. Rape allegations should be followed and guilty parties should be held accountable. But, it is not worth, nor does it ever call for, international arrest warrants and threats to storm embassies.

This is not about justice for rape victims, to say it is is to use rape victims as a political tool to capture someone who embarrassed several powerful nations.

I think all rape allegations should be taken seriously. I also believe that the accused should get a fair trial. When international arrest warrants are issued and embassies are threatened to be stormed over questioning related to accusations, you can be your ass there is not a fair trial awaiting the accused.

88 replies = new reply since forum marked as read
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You can be pro-victims rights and still acknowledge the absurdity of the Assange ordeal (Original Post) morningfog Aug 2012 OP
damnit, it wont let me rec more than once NightWatcher Aug 2012 #1
I agree... Kalidurga Aug 2012 #2
Sweden can question Assange after Assange is in Ecuador. JDPriestly Aug 2012 #27
They can go speak to him at the Equadorian embassy. backscatter712 Aug 2012 #28
Whatever you think of Assange, please don't keep talking rape. Matilda Aug 2012 #3
Thank you, while I agree with the OP, that fact needs to be repeated as often sabrina 1 Aug 2012 #7
Yup obamanut2012 Aug 2012 #88
Point well taken. morningfog Aug 2012 #10
Gray psy-ops TomClash Aug 2012 #11
Why, you could get your posts hidden for suggesting such a thing! backscatter712 Aug 2012 #12
LOL TomClash Aug 2012 #16
This is true. HooptieWagon Aug 2012 #17
Yep. And there's no rule against using sarcasm on DU. n/t backscatter712 Aug 2012 #18
a private message said similar to me Swagman Aug 2012 #24
Yea, you got it. HooptieWagon Aug 2012 #25
Maybe someone is retired? JDPriestly Aug 2012 #29
Beats me. HooptieWagon Aug 2012 #33
I have a lot of posts because I'm retired, like to talk and type fast (although JDPriestly Aug 2012 #34
The post count was an oblique reference HooptieWagon Aug 2012 #35
Not only did they not accuse him of rape, HooptieWagon Aug 2012 #13
I think you are 100% on the mark.. How can we effectively help Assange, that's what I want to know. crunch60 Aug 2012 #19
Not much, other than countering the lies. HooptieWagon Aug 2012 #22
Too many are impervious to reason around here. The Doctor. Aug 2012 #37
I have decided that people just don't read this....IT IS NOT ABOUT RAPE...He movonne Aug 2012 #21
Not every country has medieval rape laws like America. hack89 Aug 2012 #38
Swedish law seems convoluted. HooptieWagon Aug 2012 #51
Hack's back. How about answering my questions on your standards as the arbiter of a sex crime riderinthestorm Aug 2012 #68
Yeah, lol, the UK is threatening to storm an Embassy to make him to take an STD test Matariki Aug 2012 #49
Whats more... HooptieWagon Aug 2012 #53
Thank you! backscatter712 Aug 2012 #4
you could be a piece of stone and still have to acknowledge it. grantcart Aug 2012 #5
Why do you "think Assange is a son-of-a-bitch"? AnotherMcIntosh Aug 2012 #6
He has a huge ego, which got him into this trouble. morningfog Aug 2012 #8
So he's done no harm to the world. He's done a great service to the world. He's in trouble because AnotherMcIntosh Aug 2012 #14
Take your pick, I don't care. morningfog Aug 2012 #15
He did a great service to the world let us not forget that. We all have Egos, so what that his is crunch60 Aug 2012 #20
I agree DonCoquixote Aug 2012 #9
It is even simpler than that. hifiguy Aug 2012 #23
and remember the Australian (US lackey) government has repeatedly lied Swagman Aug 2012 #26
Yep, whole lot of govt lyin' going on.... HooptieWagon Aug 2012 #30
Agreed. n/t ProfessionalLeftist Aug 2012 #31
Just don't do the same thing for Elephant Man RZM Aug 2012 #32
Does not a single person understand that governments create reasons to destroy those who oppose them Fire Walk With Me Aug 2012 #36
Daniel Ellsberg: I Congratulate Ecuador for Standing Up to British Empire to Protect Julian Assange crunch60 Aug 2012 #43
Thank you. Fire Walk With Me Aug 2012 #58
K&R. This is what we can do here. Just keep writing the truth. n/t Egalitarian Thug Aug 2012 #39
I can't rec this - but I'll kick it for the discussion. Nt xchrom Aug 2012 #40
If this were really about the assault charges, Sweden would agree to not extradite him to the US. nt lumberjack_jeff Aug 2012 #41
Sweden can't offer such an assurance. Spider Jerusalem Aug 2012 #59
As soon as Assange's foot touches Swedish soil Canuckistanian Aug 2012 #42
That's just nonsensical Spider Jerusalem Aug 2012 #61
People can also be sensitive in how they talk about rape and rape victims while gollygee Aug 2012 #44
Did you really say this? treestar Aug 2012 #45
This particular situation does not warrant Aerows Aug 2012 #46
Nobody is going to "storm an embassy" treestar Aug 2012 #48
Don't be ridiculous. morningfog Aug 2012 #47
Any charge could result in an international arrest warrant treestar Aug 2012 #50
The Swiss rejected the US's request to extradite him. morningfog Aug 2012 #52
How serious do charges have to be treestar Aug 2012 #62
Wrong question. morningfog Aug 2012 #67
Yes, sexual assault is serious. The women said they weren't. HooptieWagon Aug 2012 #56
It is not up to the crime victim to decide treestar Aug 2012 #63
Excuse me, what? Aerows Aug 2012 #65
Why did you press charges and say you were raped in the first place? treestar Aug 2012 #74
Actually it is, even under Napoleonic law systems. riderinthestorm Aug 2012 #71
The arguement they're making is the same used to restrict womens health access. HooptieWagon Aug 2012 #73
A growing (and depressing) list of DUers who want to strip women of the authority to make their own riderinthestorm Aug 2012 #77
Somebody in Sweden started a criminal prosecution treestar Aug 2012 #75
Ny actually OVERRODE the investigator who found no basis for a crime riderinthestorm Aug 2012 #78
Whatever they did, they started something treestar Aug 2012 #79
"They" did not start anything. They've said it was not rape. The state decided for them. riderinthestorm Aug 2012 #80
Something got started somewhere treestar Aug 2012 #82
Under what logic does the woman not get to decide? HooptieWagon Aug 2012 #72
Then why did they start something in the courts? treestar Aug 2012 #76
They did not start anything, especially in any court. Ever. riderinthestorm Aug 2012 #81
She didn't start the legal process. HooptieWagon Aug 2012 #83
The women don't call it rape, they didn't want to press charges. The Swedish govt is riderinthestorm Aug 2012 #55
The women themselves aren't accusing him of rape, the Swedish govt is riderinthestorm Aug 2012 #69
Thank you. Been saying this for days now. It needed to be an OP K&R nt riderinthestorm Aug 2012 #54
I think that people are largely ignorant of the Swedish legal process. Spider Jerusalem Aug 2012 #57
"Willfully" ignorant, IMO. nt Robb Aug 2012 #64
Not if you're a shill n/t whatchamacallit Aug 2012 #60
I look at Craig Murray and say whoa. tsuki Aug 2012 #66
Make NO mistake about it. 99Forever Aug 2012 #70
So Jamie Leigh Jones should have just shut up then? jeff47 Aug 2012 #84
Not what I am arguing at all. Nice try, though. morningfog Aug 2012 #85
You are welcome to rephrase. jeff47 Aug 2012 #86
The best OP written on this whole situation obamanut2012 Aug 2012 #87

Kalidurga

(14,177 posts)
2. I agree...
Fri Aug 17, 2012, 11:32 PM
Aug 2012

And this seems unprecedented. It probably shouldn't be. But, I would't be surprised if worse allegations had been made and no one in any country tried to get an extradition for the accused. What I don't get is why would you actually need an extradition for questioning. Don't we have the technology to question someone where they are rather than where you would like them to be. I mean if that is all it is. Any way I said it before I think it stinks. I think he may have violated a law, but it isn't in a way that usually gets international attention.

JDPriestly

(57,936 posts)
27. Sweden can question Assange after Assange is in Ecuador.
Sat Aug 18, 2012, 02:23 AM
Aug 2012

Why not?

There are international protocols for that sort of thing in civil matters. Maybe they could do it in a criminal matter too.

backscatter712

(26,355 posts)
28. They can go speak to him at the Equadorian embassy.
Sat Aug 18, 2012, 02:27 AM
Aug 2012

They had the opportunity to question him for a full year while he was under house arrest in London.

They didn't take him up on the offer. All they had to do was promise they wouldn't extradite him to the U.S., but oddly, they adamantly refused to make such a promise. Hmmmmmm...

Matilda

(6,384 posts)
3. Whatever you think of Assange, please don't keep talking rape.
Fri Aug 17, 2012, 11:34 PM
Aug 2012

The two women never accused him of rape, or sexual assault. All they wanted was for him to take a test for possible STDs, because they'd had sex without using condoms.

It was other people who decided they'd been raped. Why?

sabrina 1

(62,325 posts)
7. Thank you, while I agree with the OP, that fact needs to be repeated as often
Fri Aug 17, 2012, 11:45 PM
Aug 2012

as necessary. The smear mongers know what an emotional subject rape is so they toss the word around in order to get the maximum impact. However I'm happy to see so many people all over the world refusing to accept these allegations and recognizing the fact that the women never accused him of rape. It's despicable though to use such a serious subject for political purposes.

I notice too that the same people screaming 'rape, we have to get him' have zero to say about the war crimes revealed where Iraqi Women were actually raped, tortured and abused.

Not a single word on their behalf, in fact these same people who claim so much outrage in this case, want us to forget and 'move on' from those barbaric crimes against innocent women. And even after the Zaguba report which named named, one of which was Gen. Sanchez, not only was nothing done to bring justice to those women, Zaguba was fired and Sanchez was awarded a medal. So I don't think the US has too much sympathy for rape victims at all. This newfound 'concern' is quite remarkable.

 

morningfog

(18,115 posts)
10. Point well taken.
Sat Aug 18, 2012, 12:02 AM
Aug 2012

Even with their strongest, most emotionally-charged arguments, those claiming this is the norm, justifiable or appropriate are weak on their face.

TomClash

(11,344 posts)
11. Gray psy-ops
Sat Aug 18, 2012, 12:07 AM
Aug 2012

It has the intended effect of discrediting Assange but the effect is created from an unseen source. Rape means women will dislike him, as will many men.

His association with Ecuador, a "human rights violator," and his "participation" in the decline of Wikileaks are two lesser examples.

It is even perpetuated here, in a relatively unsophisticated form.

backscatter712

(26,355 posts)
12. Why, you could get your posts hidden for suggesting such a thing!
Sat Aug 18, 2012, 12:09 AM
Aug 2012

Didn't you know, there is no astroturfing, propagandizing or consensus-manipulation on DU. That's a conspiracy theory!

 

HooptieWagon

(17,064 posts)
17. This is true.
Sat Aug 18, 2012, 12:21 AM
Aug 2012

Posters are not permitted to call out the astroturfers as such. However, IIRC, it is permissible to point out that 65K posts involves a lot of posting during working hours.

Swagman

(1,934 posts)
24. a private message said similar to me
Sat Aug 18, 2012, 02:00 AM
Aug 2012

and calmed me down somewhat.

As Naomi Wolff points out : a 'rape' investigation unprecedented especially under Sweden's apparently dreadful chauvinist record on the treatment of victims plus:

a prosecutor (after the chief prosecutor dropped the matter), a Prime Minster, a corporate lawyer for the alleged victims (instead of separate criminal lawyers)...all from the same right wing law firm advised by Karl Rove and who have participated in rendition.

combined with an active campaign (even on DU) to present Assange as a 'fool, rapist, egotist etc etc and so on"...

and the rock solid evidence of the treatment of Bradley Manning...

This duck walks and talks like a conspiracy.

 

HooptieWagon

(17,064 posts)
25. Yea, you got it.
Sat Aug 18, 2012, 02:06 AM
Aug 2012

The non-existant astroturfers get very offended when accused of such. Even when its true.

JDPriestly

(57,936 posts)
29. Maybe someone is retired?
Sat Aug 18, 2012, 02:27 AM
Aug 2012

If a high tally on the posts suggests you are being paid, I would like to know where my paycheck is. I think my tally is quite respectable, but no pay.

 

HooptieWagon

(17,064 posts)
33. Beats me.
Sat Aug 18, 2012, 02:50 AM
Aug 2012

All I know is the non-existant astroturfers, propagandizers, and psy-opsers on DU are offended when asked if they're paid. Even if its true.

JDPriestly

(57,936 posts)
34. I have a lot of posts because I'm retired, like to talk and type fast (although
Sat Aug 18, 2012, 03:04 AM
Aug 2012

not all that accurately). I often make grammatical and typing errors because I type fast and don't proofread much.

What makes me wonder is the posts that look positively professional. How does anyone achieve that perfection without staff or at least a proofreader of some sort. Spellcheck is not nearly enough.

 

HooptieWagon

(17,064 posts)
35. The post count was an oblique reference
Sat Aug 18, 2012, 03:10 AM
Aug 2012

since the non-existent astroturfers get offended easily and alert on posts.

 

HooptieWagon

(17,064 posts)
13. Not only did they not accuse him of rape,
Sat Aug 18, 2012, 12:10 AM
Aug 2012

They refused to sign the investigators report, and refused to participate in prosecution.

So, given that Sweden could question Assange at the embassy (there is precedent), yet refuse to do so...
And given that Sweden insists on him returning to Swedish soil...
And given that Sweden's case is shakey...
And given that Sweden refuses to promise not to hand him over to the US...
And given that Sweden has a history of being complicit with the US on extraordinary rendition and torture...
And given that the US desires to shut him up...
And given that a US prosecution would go up in flames before any civilian court...

Then it certainly appears the Swedish charges are merely a pretext to hand him over to US, and the US won't risk a civilian trial (with oversight and appeals) under the guise of "national security", so Assange will simply disappear into some US "black ops" hole.

 

crunch60

(1,412 posts)
19. I think you are 100% on the mark.. How can we effectively help Assange, that's what I want to know.
Sat Aug 18, 2012, 12:38 AM
Aug 2012
 

HooptieWagon

(17,064 posts)
22. Not much, other than countering the lies.
Sat Aug 18, 2012, 12:51 AM
Aug 2012

If Assange os charged with any crimes, he deserves a fair legal process in a civilian court. There appears to be a couple people arguing against that... but of course there's no astroturfers on DU.

movonne

(9,623 posts)
21. I have decided that people just don't read this....IT IS NOT ABOUT RAPE...He
Sat Aug 18, 2012, 12:50 AM
Aug 2012

said he would be glad to go to Sweden if they would guarantee him that they would not turn him over to the US...He also said if they wanted to come there he would be glad to answer their questions..It is about the US wants him and he knows what could happen to him here...just look what has happened to Manning..

hack89

(39,171 posts)
38. Not every country has medieval rape laws like America.
Sat Aug 18, 2012, 06:43 AM
Aug 2012

What specifically do Swedish rape laws say?

 

HooptieWagon

(17,064 posts)
51. Swedish law seems convoluted.
Sun Aug 19, 2012, 12:58 PM
Aug 2012

And the lead govt prosecutor advocates a "rape tax" that all men must pay.

Even so, the women say they weren't raped, which should be end of story. If any party is victimizing the women, it appears to be the Swedish govt, who are using the women as political pawns.

 

riderinthestorm

(23,272 posts)
68. Hack's back. How about answering my questions on your standards as the arbiter of a sex crime
Sun Aug 19, 2012, 02:48 PM
Aug 2012

From another thread, hack believes the government (and hack plural - hack likes to address themselves as "we&quot gets to strip a woman of her right to control her own authority, to make decisions about their bodies. He believes there will be 'clear evidence" of a crime that will supersede a woman's rights so I've asked him exactly what he means by "clear evidence" since obviously this is the crux of the matter with Sweden.

Would such evidence include being tied up, or hit with a whip? (BDSM). Or how about strangulation? (erotic asphyxiation). Rough sex? Gentle nudging against your lover's leg with your penis to provoke arousal? How about waking up your lover to make love? (is that really rape? Guess you get to decide, not the woman involved).

Really, why do you get to decide which activity is "rape" and what's "lovemaking"? Since you have decided there's a standard of 'clear evidence", go for it. Define "clear evidence" that entitles YOU to decide if that sexual activity is "rape" or consensual sex (and not the parties involved)?

Matariki

(18,775 posts)
49. Yeah, lol, the UK is threatening to storm an Embassy to make him to take an STD test
Sun Aug 19, 2012, 12:42 PM
Aug 2012

happens every day.

Sheesh, what a farce. It's so damn transparent it's not even funny. Not funny at all.

 

HooptieWagon

(17,064 posts)
53. Whats more...
Sun Aug 19, 2012, 01:01 PM
Aug 2012

Sweden sent investigators to Serbia to interview a murder suspect... yet they claim they cant interview Assange except on Swedish soil.

backscatter712

(26,355 posts)
4. Thank you!
Fri Aug 17, 2012, 11:37 PM
Aug 2012

Do I think Assange has acted like a douche at times? Yes.

Do I think he's a criminal? No.

The lengths to which Sweden and the UK have gone to lock up Assange, and the efforts the US has made behind the scenes to make it happen make it obvious that this isn't about a mundane sex crime at all.

The fact that people are using this to attack anyone who thinks Assange should be treated fairly is disgusting. No, supporting Assange doesn't make us misogynistic woman-haters. That insinuation has been repeated over and over to smear anyone who speaks out. It demeans and insults the real victims of sexual assault.

grantcart

(53,061 posts)
5. you could be a piece of stone and still have to acknowledge it.
Fri Aug 17, 2012, 11:37 PM
Aug 2012

And I, like you, am not a fan of Assange.
 

morningfog

(18,115 posts)
8. He has a huge ego, which got him into this trouble.
Sat Aug 18, 2012, 12:00 AM
Aug 2012

Wikileaks is a great service to the world. He did a great job of promoting it and getting important information out there. He also allowed his persona to distract from the importance of his work. Many of his closest partners have abandoned him.

I appreciate what he did. I applaud his work. As a person, eh, fatal flaws are part of being human.

 

AnotherMcIntosh

(11,064 posts)
14. So he's done no harm to the world. He's done a great service to the world. He's in trouble because
Sat Aug 18, 2012, 12:10 AM
Aug 2012

of the great service that he's done to the world.

Yet, he's "a son-of-a-bitch" in your view because "He has a huge ego"?

Or is he truly "a son-of-a-bitch" because he is in the news and others are piling on?

 

crunch60

(1,412 posts)
20. He did a great service to the world let us not forget that. We all have Egos, so what that his is
Sat Aug 18, 2012, 12:44 AM
Aug 2012

a bit bigger than some. Matters not! He and Bradley Manning are my present day heroes, just as Daniel Ellsberg was and still is.

DonCoquixote

(13,616 posts)
9. I agree
Sat Aug 18, 2012, 12:00 AM
Aug 2012

The last thing I want is for Assange to join the ranks of male "Hey, I am a hero, so that excuses what I do" douchebags. Goddess knows that club is way too big, with Bill Clinton, John Edwards, and other people (as well as many too many GOP types to mention). However, it is apparent the rule of law will not be followed here, and there needs to be a third party that can ensure that it is followed.

We certainly do not want the pretense of justice to mask thuggery, the way they tried to use women's rights to justify killing thousands of women in Iraq.

 

hifiguy

(33,688 posts)
23. It is even simpler than that.
Sat Aug 18, 2012, 12:59 AM
Aug 2012

DUer rideronthestorm has presented reams and reams of evidence that neither of the so-called victims has the slightest desire to participate in the prosecution of Julian Assange. That speaks volumes, IMO.

Swagman

(1,934 posts)
26. and remember the Australian (US lackey) government has repeatedly lied
Sat Aug 18, 2012, 02:10 AM
Aug 2012

about contacts with US officials about Assange yet today diplomatic cables released show the Ambassador to Washington has been in high level talks requesting to be notified of when Assange is sent (rendered ?) to the US.

http://www.brisbanetimes.com.au/national/us-intends-to-chase-assange-cables-show-20120817-24e1l.html

 

Fire Walk With Me

(38,893 posts)
36. Does not a single person understand that governments create reasons to destroy those who oppose them
Sat Aug 18, 2012, 03:52 AM
Aug 2012

or embarrass them? That there is likely a couple of very well-paid women who have never even met Julian, saying he was inappropriate with him, because there are people like that? Sexual abuse is the hot-button in our extremely sick society.

And put your hats back on. Unwind all of the tapes playing in your heads about me somehow not believing rape victims or victims of abuse etc. etc. etc. I was sexually abused as a child and am sensitive to claims of abuse. This case is different. Please stop spreading the enemy's LIE. If I'm somehow wrong here, I will create a post in GD saying as much. Hold me to it. Their willingness to say they'd storm the Ecuadoran embassy, which would be a genuine act of war, get that, WAR, to get Julian out of the country to answer questions...just questions...how far would and will they go? Goes to motive. I've seen enough shit thrown at Occupy by the powers that be over the last eleven months by all mainstream media to know they are monsters and will say and do what they have to in order to maintain their illusions and Kontrol. Julian is just another symptom of their evil. Judge them, not him.

"If you are not careful, the newspapers will have you hating the people who are being oppressed, and loving the people who doing the oppression." -Malcolm X

 

crunch60

(1,412 posts)
43. Daniel Ellsberg: I Congratulate Ecuador for Standing Up to British Empire to Protect Julian Assange
Sun Aug 19, 2012, 10:46 AM
Aug 2012

snip; Daniel Elsberg talking with Asange lawyers:

So I think that—in fact, I join his lawyers, Michael Ratner and others, in saying that he has every reason to be wary that the real intent here is to whisk him away to America, where it really hasn’t been made as clear what might be waiting for him as I think one can conjecture. The new National Defense Authorization Act—and I’m a plaintiff in a suit to call that act unconstitutional, in terms of its effect on me and on others, a suit that has been successful so far at the district court level and has led to that act being called unconstitutional. But on its face, that act could be used against Julian Assange or Bradley Manning, if he weren’t already in military custody. Julian Assange, although a civilian, and not an American civilian at that, would seem to me, a layman, to be clearly subject to the National Defense Authorization Act, the NDAA, putting in military detention for suspicion of giving aid to an enemy, which he’s certainly been accused of by high American officials. I don’t see why he couldn’t be put in indefinite contention, without even the charges that I faced 40 years ago for doing the exact same things that he did.

AMY GOODMAN: The record of President Obama on whistle blowers: six whistle blowers charged under the Obama administration, more than in all—under the administrations of all past presidents combined, Dan Ellsberg?

DANIEL ELLSBERG: Twice as many. Twice as many as all past presidents. There was a total of three under past presidents, one each. I was the first ever charged with those charges. Obama has brought six such charges. And apparently his grand jury in Virginia is seeking at least a seventh, and perhaps more, against Assange and others. Twice as many as all previous.



http://www.democracynow.org/2012/8/17/daniel_ellsberg_i_congratulate_ecuador_for

 

Spider Jerusalem

(21,786 posts)
59. Sweden can't offer such an assurance.
Sun Aug 19, 2012, 02:11 PM
Aug 2012

If the US charges him, indicts him, and presents a properly executed warrant for extradition, Sweden is bound to extradite under treaty obligations. With exceptions:

US Extradition Treaty with Sweden, 1963

ARTICLE V

Extradition shall not be granted in any of the following circumstances:

5. If the offense is regarded by the requested State as a political offense or as an offense connected with a political offense.


https://docs.google.com/viewer?a=v&q=cache:Ba1L9ADAalcJ:internationalextraditionblog.files.wordpress.com/2011/03/sweden.pdf+us+extradition+treaty+sweden+text&hl=en&gl=uk&pid=bl&srcid=ADGEESiJtTnDnjhHLvH6g3uElAQSFtBecQgD01cRf7UD1PoHpqu01X0ppUpuopQfw-1JfkaxWPTus7q5T6temww88HJENLeLead-tocnmw_vJivbKXyO8bFWAYALycX9uj1SCdghhABE&sig=AHIEtbTvtjkFdvMbOxqwX3jxdRl04FP8Eg


It's quite clear from this that there exists no legal basis for Assange's extradition to the US from Sweden, and that such a request would be denied if made.

Canuckistanian

(42,290 posts)
42. As soon as Assange's foot touches Swedish soil
Sat Aug 18, 2012, 07:41 PM
Aug 2012

He'll be whisked off by American authorities, with a pre-authorized extradition order. Bank on it.

He won't even see the inside of a Swedish police station, let alone a courtroom.

So is there even going to be justice on these sexual misconduct charges? No.

 

Spider Jerusalem

(21,786 posts)
61. That's just nonsensical
Sun Aug 19, 2012, 02:13 PM
Aug 2012

why go through the whole farce of extradition to Sweden in the first place? Why not extradite him from the UK while he was free on bail pending the outcome of his Swedish extradition hearing? It makes no sense whatever.

gollygee

(22,336 posts)
44. People can also be sensitive in how they talk about rape and rape victims while
Sun Aug 19, 2012, 10:56 AM
Aug 2012

they discuss Assange. It is not necessary to be flippant about how rape victims in general respond to things or feel after being raped when discussing this case.

No one needs to say, "Rape victims would never . .. therefore they weren't raped" when discussing this case.

treestar

(82,383 posts)
45. Did you really say this?
Sun Aug 19, 2012, 10:59 AM
Aug 2012
But, it is not worth, nor does it ever call for, international arrest warrants and threats to storm embassies.


Of course it is. Why should such a crime be considered lesser than others? Or politics allowed to interfere?

How can you say it is not worth international arrest warrants? Anyone accused of rape goes to another country and it ought to just be dropped?
 

Aerows

(39,961 posts)
46. This particular situation does not warrant
Sun Aug 19, 2012, 11:17 AM
Aug 2012

threats to storm embassies. Even the "victims" are not interested in prosecuting Assange. If he needs to be questioned, question him. This isn't about questioning him, though. This is about getting their hands on him so that he can be held indefinitely. Only a fool would believe that Assange would get either a fair trial or a fair sentence if he hands himself over without the guarantee that he will not be extradited. Whatever character flaws Assange has, apparently he's no fool.

The most the victims wanted was for him to be tested for STD's. The women themselves refused to collaborate on the "rape charges" that the investigators pushed. Guilt or innocence is really neither here nor there in this situation, because that's not really the issue - he's already said he'd hand himself over for questioning if he would be guaranteed not to be extradited. If he's guilty, fine he should be punished, but neither you nor I know what happened because we weren't there. The real issue is the refusal to guarantee that Assange won't be disappeared, stashed in GITMO for the rest of his life and/or "interrogated" by torture.

treestar

(82,383 posts)
48. Nobody is going to "storm an embassy"
Sun Aug 19, 2012, 12:39 PM
Aug 2012

though Julian in his drama would like to suggest that.

However the victims cannot back out in the US system and maybe not in the Swedish system. That's too common in this type of case.

This situation does warrant that Julian immediately do the HIV tests they wanted. How can a so-called "hero" refuse to do this unless he gets something he wants?

 

morningfog

(18,115 posts)
47. Don't be ridiculous.
Sun Aug 19, 2012, 11:49 AM
Aug 2012

Allegations of sexual assault, just allegations no charges, are not reason to issue international arrest warrants or to storm embassies. Actual charges aren't reason enough, either.

How many international arrest warrants have been issued for questions concerning sexual assault allegations?

treestar

(82,383 posts)
50. Any charge could result in an international arrest warrant
Sun Aug 19, 2012, 12:47 PM
Aug 2012

And most countries take it ill that someone leaves to evade their justice. Don't we have one out on Roman Polanski? That's why he can't come back to the U.S.

Sexual assault is serious.

 

morningfog

(18,115 posts)
52. The Swiss rejected the US's request to extradite him.
Sun Aug 19, 2012, 01:00 PM
Aug 2012

Further, Polanski had already pled guilty and fled before the final sentence could be issued. In other words, he had already been convicted and of a much more serious charge, rape of a 13 year old. At any rate, he could not be arrest in France, and Switzerland refused to extradite him.

 

morningfog

(18,115 posts)
67. Wrong question.
Sun Aug 19, 2012, 02:44 PM
Aug 2012

You are meaning to ask, how serious do charges have to be for governments to follow someone into other countries, including violating embassy sovereignty.

The answer to that question, imo, is when the crime is of international significance, ie war crimes, assassinations, etc.

A country can set up the necessary safeguards to prevent someone charged (again, Assange has not bee charged) from escaping their borders.

 

HooptieWagon

(17,064 posts)
56. Yes, sexual assault is serious. The women said they weren't.
Sun Aug 19, 2012, 01:10 PM
Aug 2012

And the Swedish govt pursued the charges against the womens wishes, and have illegally released their names and other personal information.

Assange - Consentual sex with two woman, who merely wanted him tested for STDs.

Swedish Govt - Pursuing rape charges against women's claims and wishes. Releasing private information about the women.

Now who is victimizing the women?

treestar

(82,383 posts)
63. It is not up to the crime victim to decide
Sun Aug 19, 2012, 02:21 PM
Aug 2012

It isn't here, either.

People think they can "use" the justice system in that way, but once you press charges, it's not up to you to withdraw them. It's up to the prosecutor.

Any other way would allow people to press charges to use that against people and bargain with dropping the charges. I'm sick of hearing it is "against their wishes." They shouldn't have pressed charges then.

And the sob should get STD tests. Not use them to bargain with.

 

Aerows

(39,961 posts)
65. Excuse me, what?
Sun Aug 19, 2012, 02:27 PM
Aug 2012

If I am misquoted as saying that you raped me, and say that it was consensual sex, I think you would likely be the first person saying "She said it wasn't rape."

I say that you brushed my cheek. You are charged with punching me in the face. I say that you didn't. Should you be charged with assault if I say, no, treestar didn't punch me in the face?

treestar

(82,383 posts)
74. Why did you press charges and say you were raped in the first place?
Sun Aug 19, 2012, 04:31 PM
Aug 2012

If you weren't raped, don't press charges for it and then use that. Did you not read my post? What would happen if people could do that?

They are free to testify that they lied before or whatever, but they don't get to press charges and then control them to be dropped.



 

riderinthestorm

(23,272 posts)
71. Actually it is, even under Napoleonic law systems.
Sun Aug 19, 2012, 03:06 PM
Aug 2012

If the victim won't particpate then the case will almost certainly be dismissed. Its why the first investigator wouldn't proceed with it since the two women wouldn't agree to charges

I asked you downthread but will ask again, how come you (and the state) get to decide what's crime in sexual relations? Who appointed you the arbiter? If my partner tied me up last night and had his way with me, with my permission, do you get to charge him with assault? How about if I dress up as a prepubescent girl complete with shaved pubes (heh, shout out to the pube thread!) and we pretend he's getting off on having sex with an underage minor - do you get to charge him with sex with an underage minor?

I could go on and on - I have a VERY vivid imagination for sex. I have a whole range of things I'd like you to adjudicate as "sex crime" or consensual sex. Inquiring minds want to know..

 

HooptieWagon

(17,064 posts)
73. The arguement they're making is the same used to restrict womens health access.
Sun Aug 19, 2012, 03:38 PM
Aug 2012

That women aren't qualified to make their own decisions, so someone else should make them for them.

Patently ridiculous, and I'm astonished people are arguing that position on DU.

 

riderinthestorm

(23,272 posts)
77. A growing (and depressing) list of DUers who want to strip women of the authority to make their own
Sun Aug 19, 2012, 04:35 PM
Aug 2012

decisions on matters related to their bodies.

Really depressing.

treestar

(82,383 posts)
75. Somebody in Sweden started a criminal prosecution
Sun Aug 19, 2012, 04:33 PM
Aug 2012

If your partner presses charges against you then the charges take on a life of their own. If your partner did it just to control you for a while, with the idea of dropping them if he/she gets whatever they want, they are sorely mistaken.

People call the cops on each other for minor things and then try to drop it later and find they can't just drop it.

When in Sweden, you have to obey their laws. You can hardly expect sympathy in their courts that you'd like to have sex with sleeping people and you don't think that should be a crime. Well good luck with that or stay out of Sweden.

 

riderinthestorm

(23,272 posts)
78. Ny actually OVERRODE the investigator who found no basis for a crime
Sun Aug 19, 2012, 04:47 PM
Aug 2012

AFTER Wikileaks published embarrassing diplomatic cables and war crimes evidence against the US.

The women did NOT go to court, they did not press charges. No partner of Assange has pressed rape charges. The Swedish state has decided to do this on their own.

There are few, if any, cases that proceed once the "victim" decides to stop cooperating in general. In this particular case, the women involved would have to be forced onto the stand to testify about their consensual sex - its a public rape, its using them for the most grotesque political stunt, and I'm horrified any DUers believe these women should be slut shamed.

Currently its against the law to strangle someone - but people do it all the time with erotic asphyxiation. Should willing partners be prosecuted for what they've willingly done together? How about whipping someone (consensual BDSM), surely physical assault charges for your husband or wife. So you also believe that you (and the state) get to decide what's consensual in the bedroom and what's rape and you get to tell my partner that my bondage last night was really unlawful restraint, I get to testify against him and throw him in jail eh? Under the guise of obeying the "law" of course....

I'm sorry but that's disgusting. Humiliating. Degrading. Patronizing. And a sure sign of a patriarchal state.

treestar

(82,383 posts)
79. Whatever they did, they started something
Sun Aug 19, 2012, 05:14 PM
Aug 2012

A Swedish Questioning, or whatever, and the either have not dropped it, or the fact they want to drop it does not stop the system from going on. It makes perfect sense that people should not get to start the legal machinery rolling and then just at their will drop off. There's a reason that's the way that is and I've already explained that.

Many will drop a case if the witness doesn't show up, but they don't have to. For instance I have a stupid relative who while in college pressed charges for assault against some other girl who pressed countercharges against her. They both got subpoenaed to the trial. If you disregard a subpoena, there are penalties for that. They made up and didn't want to go. They wanted to "drop the charges." Found it was not so easy and that the subpoenas didn't just disappear. They were quite indignant. Maybe they learned not to play games with the cops and each other after that.

 

riderinthestorm

(23,272 posts)
80. "They" did not start anything. They've said it was not rape. The state decided for them.
Sun Aug 19, 2012, 05:19 PM
Aug 2012

Of course this point has been made at least 5000 times on DU the last few days....

Sweden has the worst rape prosecution record in Europe. This particular "case" makes a mockery of many, many, many women who really want and need justice. A mockery.

The legal system is only grinding up for the rich and powerful (US). Its a travesty.

treestar

(82,383 posts)
82. Something got started somewhere
Sun Aug 19, 2012, 06:50 PM
Aug 2012

in the Swedish system, by somebody. With what do you back up your charge about the "worst rape prosecution record?" What is the worst record? And as has been said 5000 times, it's not even rape. It's some lesser sexual assault.

And it turns out the women do want to prosecute.

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=1162179

 

HooptieWagon

(17,064 posts)
72. Under what logic does the woman not get to decide?
Sun Aug 19, 2012, 03:21 PM
Aug 2012

Are you claiming that women are too stupid or somehow unqualified to decide if they're raped or not? Someone has to decide for them? That is a pretty absurd arguement Sweden is making, and you're defending.

treestar

(82,383 posts)
76. Then why did they start something in the courts?
Sun Aug 19, 2012, 04:35 PM
Aug 2012

You only get to decide before that. Once you start the legal machinery, you don't get to control it.

You think you can call the cops on people and make up a story to get them arrested, then decide later you'll just drop them. Maybe because you got whatever concession you wanted? it does not work that way.

 

riderinthestorm

(23,272 posts)
81. They did not start anything, especially in any court. Ever.
Sun Aug 19, 2012, 05:20 PM
Aug 2012

But you'd know that by now if you were actually READING any of the thousands of posts on this in the past few days.

 

HooptieWagon

(17,064 posts)
83. She didn't start the legal process.
Sun Aug 19, 2012, 10:29 PM
Aug 2012

She merely asked the police about getting him to take an STD test. The police ran with the rape scenerio after that. The women refused to sign the police report.

 

riderinthestorm

(23,272 posts)
55. The women don't call it rape, they didn't want to press charges. The Swedish govt is
Sun Aug 19, 2012, 01:09 PM
Aug 2012

That the Swedish government is the one pursuing this makes it even more suspicious.

 

riderinthestorm

(23,272 posts)
69. The women themselves aren't accusing him of rape, the Swedish govt is
Sun Aug 19, 2012, 02:55 PM
Aug 2012

So you believe the government gets to strip a woman of her right to control her own authority, to make decisions about their bodies. What would be suitable evidence of a sex crime that supersedes a woman's rights since this is obviously the crux of the matter with Sweden.

Would such evidence include being tied up, or hit with a whip? (BDSM). Or how about strangulation? (erotic asphyxiation). Rough sex? Gentle nudging against your lover's leg with your penis to provoke arousal? How about waking up your lover to make love? (is that really rape? Guess you get to decide, not the woman involved).

Really, why do you get to decide which activity is "rape" and what's "lovemaking"? Please define what entitles YOU to decide if that sexual activity is "rape" or consensual sex (instead of the parties involved)? Obviously Sweden has decided they are some kind of paternal father figure who gets to force these women onto the stand. Have you ever been involved in, or watched a rape trial treestar?
Its humiliating enough for women who are motivated to seek justice for a crime. These women are going to be slut shamed as they must describe every last detail of their consensual sex in public, and then watch their partner, who they had consensual sex with, go to jail.

 

Spider Jerusalem

(21,786 posts)
57. I think that people are largely ignorant of the Swedish legal process.
Sun Aug 19, 2012, 02:04 PM
Aug 2012

The High Court here in the UK found that the process was at a point equivalent to Assange having been charged. In the Swedish system charges are not filed at the beginning of the process but late in the process and immediately prior to arrest and trial. See here:

Ground of appeal 3 - Was Mr Assange accused of an offence in Sweden? (paras 128 - 154)
It was common ground that extradition is not permitted for investigation or gathering evidence or questioning to see if the requested person should be prosecuted. Mr Assange's contention was that, although he was required for the purposes of being prosecuted, he had not been accused of an offence in Sweden as he had not been charged. The Court therefore had to consider whether Mr Assange was 'accused' for the purposes of the 2003 Act and Framework Decision.
The President of the Queen's Bench Division said:
"In the present case, as is accepted there is nothing on the face of the EAW which states in terms that Mr Assange is accused of the offences. ... The fact that the term “accused of the offence” is not used does not matter if it is clear from the EAW that he was wanted for prosecution and not merely for questioning." (para 148)
He went on to say:
"In our judgment Mr Assange is on the facts before this court “accused” of the four offences. There is a precise description in the EAW of what he is said to have done. The extraneous evidence shows that there has been a detailed investigation. The evidence of the complainants AA and SW is clear as to what he is said to have done as we have set out. On the basis of an intense focus on the facts he is plainly accused. That is ... decisive." (para 151)

He added:
"... even if the court was constrained to determine whether someone was an accused by solely considering the question of whether the prosecution had commenced, we would not find it difficult to hold that looking at what has taken place in Sweden that the prosecution had commenced. Although it is clear a decision has not been taken to charge him, that is because, under Swedish procedure, that decision is taken at a late stage with the trial following quickly thereafter. In England and Wales, a decision to charge is taken at a very early stage; there can be no doubt that if what Mr Assange had done had been done in England and Wales, he would have been charged and thus criminal proceedings would have been commenced. If the commencement of criminal proceedings were to be viewed in this way, it would be to look at Swedish procedure through the narrowest of eyes. On this basis, criminal proceedings have commenced against Mr Assange." (para 153)

http://www.judiciary.gov.uk/Resources/JCO/Documents/Judgments/assange-summary.pdf


I also think that people are very naïve regarding the reasons behind the extradition, and the proportional likelihood of Assange's extradition from Sweden by the US on charges of espionage. See the analysis by a legislative attorney working for the Congressional Research Service:

...the statutes described in the previous section have been used almost exclusively toprosecute individuals with access to classified information (and a corresponding obligation toprotect it) who make it available to foreign agents, or to foreign agents who obtain classifiedinformation unlawfully while present in the United States. Leaks of classified information to the press have only rarely been punished as crimes, and we are aware of no case in which a publisher of information obtained through unauthorized disclosure by a government employee has been prosecuted for publishing it. There may be First Amendment implications that would make such a prosecution difficult, not to mention political ramifications based on concerns about government censorship. To the extent that the investigation implicates any foreign nationals whose conduct occurred entirely overseas, any resulting prosecution may carry foreign policy implications related to the exercise of extraterritorial jurisdiction and whether suspected persons may be extradited to the United States under applicable treaty provisions.

(snip)

Assuming that the Espionage Act does apply to foreign nationals for their conduct overseas, there may be several legal obstacles to the extradition of such a suspect to the United States to face charges under the statute, including the possibility that the crime constitutes a political offense for which extradition is unavailable. Extradition to or from the United States is almost exclusively a creature of treaty. The United States has extradition treaties with more than 100 countries, although there are many countries with which it does not.

In addition to providing an explicit list of crimes for which extradition may be granted, most modern extradition treaties also identify various classes of offenses and situations for which extradition may or must be denied.The “political offense” exception has been a common feature of extradition treaties for almost acentury and a half, and the exception appears to be contained in every modern U.S. extradition treaty.

A political offense may be characterized as a pure political offense, or one that is directed singularly at a sovereign entity and does not have the features an ordinary crime (e.g., there is noviolation of the private rights of individuals), or as a relative political offense, meaning an“otherwise common crime committed in connection with a political act … or common crimes… committed for political motives or in a political context.”

The political offense exception may pose a significant obstacle to the extradition of a foreignnational to the United States to face charges under the Espionage Act.

http://www.scribd.com/doc/62565424/Espionage-Wikileaks-Congress-Kindle

tsuki

(11,994 posts)
66. I look at Craig Murray and say whoa.
Sun Aug 19, 2012, 02:39 PM
Aug 2012

Eighteen months, he spent defending himself against sexual allegations (sex for visas) without any evidence whatsoever. He was a whistleblower.

99Forever

(14,524 posts)
70. Make NO mistake about it.
Sun Aug 19, 2012, 03:03 PM
Aug 2012

The government of the USA is pushing this persecution because this man had the AUDACITY to show their dirty corrupt, fucking secrets to the world. This is entirely about silencing him and anyone else who dares to show what filthy, lying, rotten scum they actually are. They will stop at nothing to hide THEIR guilt.

jeff47

(26,549 posts)
84. So Jamie Leigh Jones should have just shut up then?
Sun Aug 19, 2012, 10:57 PM
Aug 2012

Sure, Blackwater employees gang-raped her and then locked her up in a cargo container for days in Iraq. But really it's not worth making such a fuss over in the US.

Seriously? THAT is what you are arguing?

You are arguing that RAPE is not a big deal if you like what the rapist has done elsewhere

jeff47

(26,549 posts)
86. You are welcome to rephrase.
Sun Aug 19, 2012, 11:11 PM
Aug 2012

Your OP literally says rape isn't worth creating an international incident.

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