"unclean hands" -- Re: Fw: Re: Assange Superseding Indictment
zen at freedbms.net
Fri Jul 17 16:39:30 PDT 2020
On Thu, Jul 02, 2020 at 11:18:22PM +0000, coderman wrote:
> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
> On Wednesday, July 1, 2020 12:52 AM, таракан <cryptoanalyzers at protonmail.com> wrote:
> > there is that sentence from Nietzsche that says 'Wenn dulange in einenAbgrundblickst, blickt derAbgrundauch in dich hinein' , in other terms if you fight monsters, do not become one yourself and if you look deep into the abyss, the abyss also looks deep into you.
> > That say making lessons to the one who is rotting in jail is a bit too comfortable.
> this is the moral hazard of hacking: spend time violating technical boundaries, it becomes too easy to apply this tactic in all areas of life.
> given the overlapping set of cypherpunks and hackers, i see a similar siren song at play: gird yourself for battle against governments, and find yourself isolated in your all encompassing protections; alienating the very font of our own humanity...
> as you say, easy to cast stones from a safe distance. our turn in the crucible might be next!
For someone in contact with JA's legal team, perhaps the legal application of "unclean hands" might be useful:
When the prosecution comes to the table with unclean hands, where does the law lie?
The prosecution/USA gov (and steps in the system itself):
- attempted, quite apparently, to entrap Assange first into Sweden
- at multiple times, in and out of court, JA has been denied his own paperwork
- the UK Judge who was shown publicly to be with a conflict of interest, yet continued to preside over the case on multiple appearances
- the evident coercion put upon Manning, of an extra year's jail after she was pardoned
- all that cross jurisdictional "USA is the policeman of the world" bullshit
Perhaps others can think of more.
I am concerned that JA's defence lawyer is now WAY too close to home, and that she may no longer see the obvious for whatever reasons.
Even for those who so crave the "rule of law", to be "hung on the tree of the law" (Galations) rather than to hang by his own conscience and God alone, well, the law, as drudgery as it is, to be at all meaningful to anyone with half a conscience, must be founded in basic principles of justice at the very least, such as fairness and no abuse of process, the principle of "unclean hands".
e.g. so OK, the US Gov insists on "holding JA to account according to various strict and cross-jurisdictional applications of law" (and rather shockingly, public murmerings on this list that JA must contiue to do pennance, continue to atone for his evils and wrongs, to do more time in maxi),
but IN THAT SAME principle, the prosecution must (if justice is to be seen to be done), allow Julian due process, documents, the time he needs for legal attack against the prosecution etc - in short, the prosecution, to not be seen to be biased, must simultaneously prosecute itself, for all its misdeeds and unclean hands.
There is only one possible principle upon JA's neck which can be said to be moral or karmic: not "national security", not "muh state secrets", and not (it seems) any of the charges being brought against him (but note that I don't know the list of charges, and the US prosecution seems to be ambushing in various ways with new charges over time).
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