Assange's Case

zeynepaydogan zeynepaydogan at protonmail.com
Wed Aug 11 07:05:16 PDT 2021


My guess is that Assange will be extradited.I hope they don't return him to America

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-------- Özgün İleti --------
11 Ağu 2021 16:35, Peter Fairbrother yazdı:

> On 11/08/2021 04:31, jim bell wrote:
>> To: Stephan Simanowit Amnesty International press at amnesty.org
>>
>> From: Jim Bell
>>
>> I am an American with great interest in Julian Assange's case, and
>> probably engaged in discussions with him about 1995 (although at the
>> time he was under a pseudonyn) on the Cypherpunks email list.
>>
>> However, I happen to have learned Federal law, although I have never
>> been a lawyer or paralegal: I spent probably 15,000 hours in various
>> law libraries learning many areas of American Federal law.
>>
>> Over the last few years, I realized that Assange has some
>> issues(defenses) that I am not aware were being discussed in the news
>> media. However, I haven't read the actual legal filings from the UK
>> case, so I didn't learn if they have been used. However, I did send
>> some of this material to Barrister Jennifer Robinson, who is Assange's
>> barrister. I didn't get an answer, although I didn't expect to receive
>> one.
>>
>> A very brief description, gone into much greater detail below.
>>
>> 1. In virtually every issue against Assange, there appears to be no
>> "extraterritoriality jurisdiction" present in American Federal law.
>> This means that American courts have ruled that in order to apply
>> American law to crimes committed in areas physically outside America,
>
> However if the effect of a crime committed by person who is outside
> america is against eg a computer or other thing or person inside
> america, then in american law that crime was committed within the bounds
> of the unitedstates, notwithstanding that the criminal was not in
> america. So issues of extraterritoriality do not apply.
>
> Applies also to some US forces when they are abroad, their bases and
> assets are sometimes regarded as being inside the unitedstates.
>
> As an aside, for the purposes of the UK extradition hearing, whether the
> US courts have jurisdiction is a question of UK law, not US law.
>
> It is just possible (though unlikely) that assange might be correctly
> extradited under UK law then a US court might decide not to continue on
> US law extraterritoriality grounds.
>
> Peter Fairbrother
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