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In reply to the discussion: Assange could go to international court [View all]Spider Jerusalem
(21,786 posts)it's not its applicability to non-US citizens but to Congress that is at issue: "Congress may pass no ex post facto law".
See also international law, specifically the Universal Declaration of Human Rights, article 11, which says "
2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed." See also the same stipulations in Article 15 of the International Covenant on Civil and Political Rights. The US is party to both of these; treaties have the force of law in the US. Taken together with the Constitutional prohibition on ex post facto law I don't really see any way in which a law can be legitimately created and made to apply retroactively.