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Culture War Roundup for the week of April 8, 2024

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The guardian on Assange and Biden considering to drop the charges.

Should Biden decide to drop the Assange prosecution it would bring him into line with the previous Democratic administration of Barack Obama. It held back from charging the WikiLeaks founder for fear of infringing freedom of the press rights under the first amendment.

The 18 charges against him were ultimately brought under the presidency of Donald Trump.

To my surprise, this is actually a take echoed by Glenn Greenwood:

So Obama ended eight years in office without indicting Assange or WikiLeaks. Everything regarding Assange’s possible indictment changed only at the start of the Trump administration. Beginning in early 2017, the most reactionary Trump officials were determined to do what the Obama DOJ refused to do: indict Assange in connection with publication of the Manning documents.

The facts go like this:

  • In 2010, Assange fled from Sweden to the UK because he was concerned that his prosecution for some alleged sex crimes was a pretext for extraditing him to the US.
  • In 2012 he took asylum in the Ecuadorian embassy in the UK, citing the same concerns.
  • In May 2017 the Swedish prosecutors dropped their charges
  • In April 2017 the Trump DOJ announced that they wanted to prosecute Assange
  • In 2019 he was arrested in the embassy and has been mostly greenlighted for extradition to the US by now.

The Guardian/Greenwood narrative would have to go like this:

  • When Assange stated that he was afraid that Sweden would extradite him to the US in 2010, he was a poor delusional paranoid, because the Obama DOJ valued freedom of the press and all that. None of the prosecution he faced until 2017 was anything different than what any random citizen of Australia accused of similar crimes would have faced.
  • When the evil Trump DOJ took over, they promptly decided to prosecute Assange, suddenly turning his paranoid delusions into reality and putting pressure on the UK to extradite him for his Wikileaks work.
  • When Joe Biden took over, he just forgot to stop his DOJ from further prosecuting Assange.

My narrative would go something like this:

  • Assange was right that the US was out to get since 2010. The sex crime allegations were played up for political reasons. Sweden would have totally extradited him to the US. The DOJ simply kept their mouths shut because there was no advantage for them to admit they intended to prosecute him while he was out of their reach, and playing the freedom of the press champion made Assange look like a paranoid fool.
  • When the Swedes finally dropped their charges, Assange was still wanted in the UK for skipping bail. For some reason (probably something internal, possibly related to the administration change) the US decided to finally put their cards on the table instead of waiting until he was in UK custody.
  • After Biden took over in 2021 he did not drop the prosecution because getting hold of Assange had been a goal of the US (especially the intelligence community) since 2010, not a partisan Trump pet project.

What your narrative doesn't explain is why the US is considering dropping charges now - assuming that they actually are considering that and it's not just another deception.

I'm not sure your timeline is correct - I thought the US maintained that there were no charges against Assange until he was arrested in the UK. I do agree that the USA absolutely wanted to get it's hands on Assange while lying through it's teeth that it didn't want him. I don't see that as a partisan issue. When the US put in it's extradition request 15 minutes after Assange was booted out of the Ecuadorian embassy the verb used was that the charges were 'unsealed', implying that they had been in place for some time.

But the idea that these Swedish charges were a trumped up excuse just to get him into the hands of the Americans doesn't pass the smell test for me. My impression is that the Swedish are not particularly sympathetic to the goals of the US intelligence or military community, are generally appalled by the state of the US justice/prison system, and are not particularly beholden to the US in a way that would make extradition especially likely. Certainly I think the Swedish were less likely to extradite Assange than the British, who notably have still not extradited him. Additionally, because of the way extradition law works, had he submitted to the European arrest warrant, and the US had then put in an extradition request, then both Sweden and the UK would have had to agree to the extradition to the US. He would have had twice the protection that he currently has. If he was worried that he couldn't trust the Europeans not to sell him out to the Americans, why was he even operating in Europe in the first place? His story just doesn't add up for me.

Finally, and I realise this isn't necessarily relevant to your points, I want to add that I have zero sympathy towards Assange. His game plan seems to have been to hole up in the embassy and then whinge about being a 'political prisoner' and 'held without trial' while doing everything in his power to avoid any trial, even on apolitical charges. 'Victim of psychological torture' - bollocks. He was just straight up a fugitive from justice and his prison sentence for breaching the UK bail act was fair and just. His argument was basically that in order to be safe from the evil machinations of the Americans, he had to be functionally immune to any part of the European justice system, which is obviously absurd. The man is a weasel, and the most surprising thing about this entire episode is that it took him seven whole years to wear out his welcome with the Ecuadorians.

But the idea that these Swedish charges were a trumped up excuse just to get him into the hands of the Americans doesn't pass the smell test for me.

Thankfully, we don't have to just use our noses for issues like this - we can just go look at the actual facts of the matter. To quote a fairly well credentialed expert on the matter, Nils Melzer...

https://medium.com/@njmelzer/response-to-open-letter-of-1-july-2019-7222083dafc8

Second, as far as SW is concerned, her police report states that, after Assange woke her up trying to initiate intercourse, the two had a conversation in which she asked Assange whether he was wearing a condom and he replied he was not. She then said he “would better not have HIV” and he replied that he did not, after which, she “let him continue” (lät honom fortsätta) to have unprotected intercourse. There are no indications of coercive or incapacitating circumstances suggesting lack of consent. Accordingly, Chief Prosecutor for Stockholm Eva Finne stated: “I do not think there is reason to suspect that he has committed rape” and closed the case on 25 August 2010 concluding that the “conduct alleged by SW disclosed no crime at all”. Having examined all the evidence before me, I agree with her. My position, like Finne’s, is not that SW’s account is not credible, but rather that the conduct alleged does not constitute “rape”.

Third, as far as AA is concerned, even the Swedish prosecution never suggested that the conduct alleged by her could amount to “rape”. In a Twitter-message of 22 April 2013, AA herself publicly denied having been raped (jag har inte blivit våldtagen). AA also stated in a tabloid interview that Assange is not violent and that neither she nor SW felt afraid of him. While I agree with the prosecution that AA’s allegations, if proven to be true, could amount to sexual assault other than rape, the fact that she submitted as evidence a condom, supposedly worn and torn during intercourse with Assange, which carried no DNA of either Assange or AA, seriously undermines her credibility.

Fourth, according to their own accounts, neither AA nor SW ever alleged to have been raped, and neither of them intended to report a crime. Rather, evidence shows that AA took SW to a police station, so SW could enquire whether she could force Assange to take an HIV-test. There, they were questioned together by an investigating officer who knew AA personally and ran on the same political party ticket as AA in the general elections three weeks later. When superior investigators insisted on registering SW’s enquiry as a report of “rape” and to immediately issue an arrest warrant against Assange, SW reportedly refused to sign her statement and became so emotionally distraught that the questioning had to be suspended. While at the police station, SW even texted that she “did not want to put any charges on Julian Assange” but that “the police were keen on getting their hands on him” (14:26); and that she was “chocked (sic shocked) when they arrested him” because she “only wanted him to take a test” (17:06). Once Chief Prosecutor Finné had intervened and closed the case, it reportedly was again the police (not SW) who “revised” her statement lodged in the police system to better fit the crime of “rape” before it was resubmitted by a third Social Democrat politician to a different prosecutor who was prepared to re-open the case.

Your position directly contradicts the statements of the people actually involved in this case, and I think that the actual supposed victim's testimony is substantially more reliable than your nasal sentiment.

His game plan seems to have been to hole up in the embassy and then whinge about being a 'political prisoner' and 'held without trial' while doing everything in his power to avoid any trial, even on apolitical charges.

You haven't been paying attention to the case - Assange and his lawyers made multiple offers to testify and participate in a trail as long as there were guarantees that he would not be immediately extradited to the US. He also offered to testify remotely from the embassy, and these requests were denied as well. Assange and his legal representation clearly had substantial reason to believe that arrest in Sweden would lead to US extradition almost immediately, and he was more than willing to participate in the trial if there was an assurance it wasn't an excuse to just immediately send him off to the US. The Swedish prosecutors notably refused to provide any of these assurances, and so he didn't do it despite making multiple good faith attempts to actually have the trial! Your post is riddled with factual errors, and while I don't think everyone has to unconditionally love the man, I think you at least owe it to yourself and the rest of the motte to make sure your opinions are informed by the actual facts of the matter.

Nothing you have said in your post has surprised me at all, and you have barely engaged with the points I have made. Your attempt to shame me by framing me as uninformed, while vaguely gesturing to the approximately zero factual errors in my post strikes me as an attempt at consensus building. Ironic, considering that you are trying to throw the lofty standards of The Motte in my face while breaking the spirit of its rules. Next time you think that someone may be wrong on The Motte, might I suggest that you spend less effort telling them off and more effort explaining in a specific way why you think they are wrong.

Anyway.

On to your points:

Look all the problems with the sexual assault case against Assange look this makes no sense that’s a bit weird etc etc etc.

Don’t care.

I mean, I don’t get your point. Are you trying to say Assange didn’t commit a crime in Sweden? Because that doesn’t contradict anything I have written. I am totally agnostic on the question of whether Assange committed some sexual crime in Sweden. What I am not agnostic about is that he was expected and required to present himself to the Swedish authorities so that they could conduct an investigation into whether a crime had been committed.

Are you trying to say that the accusations are so shaky that they couldn’t have been anything other than a bad faith attempt by the Swedes to get hold of Assange? Don’t agree there either. There was reason to believe that a crime had been committed, and it was up to the Swedish Police to determine if that was the case. That should pretty obviously involve an interview with the suspect. That the Swedish police wanted to talk to him strikes me as extremely, tediously normal.

And your narrative that this was all just a ruse still makes no sense to me! Why do you think that the Swedish would have been more receptive to a US extradition request than the UK? I’m not even asking for evidence, just some reasoning. And again, if he had been extradited to Sweden by the UK, then both Sweden and the UK would have had to agree to any follow up requests from the USA.

But anyway, this is all totally academic. Regardless of whether he broke the law in Sweden, he certainly broke the law in the UK by violating bail. He gave assurances to the British court that he would appear when summoned and on that basis he was granted bail. He then failed to appear. That’s a crime. For reasons that I have already mentioned, once he was (rightly) convicted under British law he had far fewer legal protections against extradition to the US than if he had just accepted extradition to Sweden in the first place.

He also offered to testify remotely from the embassy.

“What do you mean ‘a zoom call is not an appropriate venue for an interview under caution’? Don’t you know who I am?! I'm Julian Assange god damn it! Your petty ‘procedures’ are meaningless to me!”

I mean, the absolute gall! Can you imagine being pulled over for a warrant in America and telling the cop “I’m afraid being arrested doesn’t really work for me right now, but I’m totally willing to skype this out later.” Sorry Julian, but this isn’t a negotiation, you’re under arrest, get in the police car.

Assange and his lawyers made multiple offers to testify and participate in a trail as long as there were guarantees that he would not be immediately extradited to the US.

The assurances Assange wanted were totally impossible to give, as anyone familiar with, uh, law would understand. The Swedish can’t give someone blanket immunity from extradition. They have treaties. They are required to consider an extradition request from the US. The only assurances they could give Assange would have been the normal ones:

1 - We will not extradite you unless the crime you are accused of would also be a crime here in Sweden.

2 - We will not extradite you unless we are sufficiently certain that you will receive a fair trial.

3 - We will not extradite you unless we are sufficiently certain that you will be treated humanely.

These, of course, would not be enough for Assange. He’s special.

And now, he remains in custody in the UK, because nothing says ‘flight risk’ better than spending seven years holed up in an embassy after you were previously granted bail. Assange is sleeping in a bed fully of his own making.

Are you trying to say that the accusations are so shaky that they couldn’t have been anything other than a bad faith attempt by the Swedes to get hold of Assange?

Intelligence agencies are perfectly capable of using their influence to trump up charges that may not stand up in court, but look plausible enough that you can't prove bad faith in advance. Your standard here is a blank check to the intelligence agencies to get anyone they want.

The accusations might have been in good faith, but they also might not, and the possibility that they aren't was substantial.

Versus your standard that every court action involving a person of interest to the Americans is inherently corrupt? If I can't use plausibility as my basis to judge these things, then what basis can I use?

The theory that the Swedish charges were somehow trumped up by the CIA has one glaring problem: why bother? If the Americans wanted Assange, why bother getting him extradited from the UK to Sweden as an intermediate step? What's the advantage? Why not just request extradition from the UK directly?

If Assange goes along with the extradition to Sweden and then America tries to extradite from Sweden, then he gets to fight extradition in both Swedish and British courts, and he only has to be successful in one of them.

Versus your standard that every court action involving a person of interest to the Americans is inherently corrupt?

Say rather, inherently suspect. Appeals to process require faith in the process being appealed to. The feds observably warp process to satisfy their interests, so naked appeals to process in cases where their interests are in play should not be given the benefit of the doubt.

Suspect, fine. 'Suspect' is reasonable. But 'suspect' alone is not sufficient reason to call bullshit. It's reason to dig, to sniff around, to raise an eyebrow, to build a case. But in the end, you still need to evaluate that case on its merits, not on the feeling of suspicion.

I've gathered a lot of downvotes on this subject. People here clearly disagree with me, but nobody has even taken a crack at the most basic question here - how does it benefit the feds to have Assange extradited to Sweden? That's a real obvious question that nobody seems interested in tackling.