Salon: How The U.S. Can Now Extradite Assange

[Hissyspit]

http://mobile.salon.com/politics/war_room/2010/12/07/julian_assange_extradition/index.html

TUE, 07 DEC 2010 06:03:00 ET
How the U.S. can now extradite Assange
Britain has him in custody and plans to send him to Sweden -- but does the Obama administration have other plans?
BY JUSTIN ELLIOTT

Now that Julian Assange is in custody of British authorities on a warrant for alleged sex crimes in Sweden, Obama administration officials may well be working behind the scenes to secure his extradition to the United States, an international criminal law expert tells Salon.

Assange has not been charged with a crime in the United States -- though it's possible that there is an arrest warrant or indictment under seal. The Obama Justice Department has repeatedly suggested that it is going after Assange, though officials have not said what law they believe Assange has broken (and experts say that making any case against him could prove difficult).

Attorney Douglas McNabb, who specializes in federal criminal defense and international extradition cases, says that extradition requests can also be made under seal. And he has had clients who have been the subject of Interpol Red Notices -- the international call for arrest that Sweden used to pursue Assange last week -- that have not been released publicly. So it's possible that the U.S. is already using these avenues.

"I can't think of two people they want more right now -- other than bin Laden -- than Assange and Viktor Bout, and they got Bout," McNabb told Salon. Bout is the notorious international arms dealer who was extradited from Thailand to the United States last month.

As a practical matter, high-profile extradition requests are as much political as legal matters. If the U.S. does want to intervene and prosecute Assange before the Swedish case goes forward, the Bout case is a useful study in how the Obama administration could be exerting pressure on the British and Swedish governments. Ironically, what we know about the Bout case comes from secret cables released by WikiLeaks. 

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http://www.guardian.co.uk/media/2010/dec/07/julian-assange-arrest-extradition

Julian Assange arrest: How the extradition process works

WikiLeaks founder could face detention upon his return to Sweden after activation of European Arrest Warrant

Afua Hirsch Legal affairs correspondent
guardian.co.uk, Tuesday 7 December 2010 13.31 GMT

WikiLeaks founder Julian Assange is wanted for questioning in Sweden over sexual assault allegations. Photograph: Martial Trezzini/EPA
Julian Assange's arrest by police this morning will kickstart the fast-tracked extradition process, using the European Arrest Warrant system, to attempt to return him to Sweden, where he is wanted for questioning regarding a rape charge.

Swedish criminal law experts said this morning that little was known about the allegations Assange is facing in the country, in line with legal requirements to protect anonymity and preserve confidentiality for sex crimes.

The activation of a European Arrest Warrant (EAW) by UK police suggests Assange has been formally charged by Swedish prosecutors and could face a period of detention upon his return.

Assange's legal team is determined to fight his extradition on grounds including the failure of authorities to provide details of the warrant issued by Sweden. They will also claim human rights reasons, including the arguments that the WikiLeaks founder may be unfairly deprived of his liberty in Sweden and that he risks not facing a fair trial.

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[bobthedrummer]

1. The Obama administration still uses "extraordinary rendition", k&r n/t

[dixiegrrrrl]

2. Shit. THAT explains why the judge grabbed him, and no bail.

[Ichingcarpenter]

3. Well, there will be no Protests in the States as compared to Europe

So.... he goes to a place that still continues
GITMO......

I hope not, we shall see.

[we can do it]

4. We Can't Touch Boosh/Cheney But We Can Go After Someone Providing News

ok

[Mimosa]

5. "The U.S." : Not in my name.

I'm not 100% certain how I feel about the Wikileaks info releases.

But I know I'm against trumped up charges to get a reporter into custody.

PFC Manning violated his oath under the Military Code of Justice. But Assange owes nothing to the United states of America. He is not a citizen nor is he a subject.

[Catherina]

6. Lieberman's working on a bill right now to nail Assange

I think it will come under terrorism.

[glitch]

7. Despicable, sanctimonious man. nt

[Puregonzo1188]

11. Wouldn't that amount to an Ex Post Facto law?

Or am I totally off-base? :shrug:

[TexasObserver]

8. US authorities will have him in custody within 90 days.

As for the issue of whether they can "make a case," of course they can. They'll allege some case under some law, and a blanket of secrecy will be thrown over the entire case. They'll do whatever they want, and no court in America or anywhere else will intervene.

I believe they want to find out everything Assauge knows, particularly who is involved and where they can be found. They're out to set a precedent which the world will see and fear.

People who are afraid of "terrorists" are missing the main threat. It's Big Brother, and it's here.

[katty]

10. yup-they are out to set precedent and start up the fear machine

[tekisui]

9. Fuck. That is what I have been saying. Once in custody, he's fucked.

Too many power players want him. They will tie him up in Sweden long enough for Obama and Holder to invent a reason to extradite him to the US.
He was better off on the run.