Assange to sue Prime Minister Gillard for defamation

Doesn't this guy have enough enemies already?Also the last I heard of him he was hiding in someone's embassy in the UK waiting to be arrested.

Originally posted by Xcathdra

Originally posted by bowtomonkey
reply to post by Xcathdra

 

Incorrect.. Please read the Pentagon Papers Supreme Court ruling and please pay specific attention to the part where the 2 journalists were charged for printing classified information. Freedom of Press does NOT confer blanket immunity, contrary to populatr belif.

You are quoting American law.

He hasn't broken any Australian laws and he is an Australian suing an Australian in an Australian court. You seem to ignore this fact, and while I see your point it isn't relevant.

Again incorrect.. Assange did break Amaerican law (no charges have been filed) by being in possession of US Government property. Wikileaks conspired with Manning to gain more than just the helicopter incident.

His nationality is irrelevent.

Its not Australian law, charges have not been filed , it was years ago
why did his complaint make it to trial if it didnt have some merit?
Even if charges where filed it would still be out of Australian legal status as a crime in regard to legal record

e.g. if you did a crime in another country its not on your record in usa

Anyone know why didnt USA extradite him from UK? like its easier than extradition from Sweden

Assange must be Joking . Law cannot touch those who are in power . He is trying to get media attention .This case is not going to move forward .

reply to post by laserjeff


From what I understand is they (USA) cant extradite from the UK for political or military crimes, or crimes where the death penalty is a sentencing option.

Originally posted by laserjeff
Its not Australian law, charges have not been filed , it was years ago

Statute of limitations comes into play for starters.. High level felonies usually have a very wide time span in which charges can be brought.

Originally posted by laserjeff
why did his complaint make it to trial if it didnt have some merit?
Even if charges where filed it would still be out of Australian legal status as a crime in regard to legal record

e.g. if you did a crime in another country its not on your record in usa

The one issue (even though Australia said they would not pursue charges against Assange) would be treaties between the US and Australia. Since it was classified military / government info its possible (however remote) a case could be made. An Australian national violating those treaties could result in his breaking AU law.


As for the crime in another country it depends on what that crime is. Under UN protocols a foreign national who is charged, tried and convicted in one nation can request the prison sentence terms be carried out in the prison system of their home country. A pitfall though is they give up any chance of appeals.

The other way is the passport... Passports can be run by law enforcement which could result in a response that might include criminal history. Those responses will most likely come from our government and not the foreign nationals.

I can say that out of all the passports ive dealt with I have only had one instance where something was flagged on it.

Originally posted by laserjeff
Anyone know why didnt USA extradite him from UK? like its easier than extradition from Sweden

The US has never brought charges against Assange and without that there is no basis to file for an extradition. He is innocen until proven guilty.

As for the extradition and the UK / Sweden that has been a topic of discussion for some time now. It is easier to extradite from the UK than it is Sweden. Reason being we have a seperate bi lateral treaty with the UK.

The other reason I think nothing has occured yet revolves around what Assange has had access to. Since he is not military he falls under our civilian laws. While a judge can seal the courtroom when there is an issue of national security there is still a possibility items not released by Assange may come out during the trial, which are a matter of public record (in general).

To flip to the opposite side of the equation, and to give those who think Assange is not guilty of a crime a pass, there is the possibility the US did not file charges in fear real criminal behavior by the government may come out.