trustbutverify
Penultimate Amazing
- Joined
- May 5, 2007
- Messages
- 10,544
If that makes me an ideological constipated worshipper (whatever that means)
so be it.
Okey dokey.
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If that makes me an ideological constipated worshipper (whatever that means)
so be it.
What I don't understand is how that could overrule the law and the existing agreement between UK and Swe that does not allow this without permission? This is not about a person that is simply in custody in Sweden, but someone who would have ended up in Sweden based on the law for the EAW.Article VI of Treaty 14 UST 1845 TIAS 10812 with regards to extradition agreements between the United States of America and the Kingdom of Sweden may provide a loophole in this situation.
Ah, but if the US can show that JA has commited an offence according US law, that is not deemed as political, and can not carry a death sentence, and the US can show enough evidence to satisfy Swedish and UK courts then it's not a loop hole, it's the law.More over, your own statement provides the biggest loophole, as the United States could simply issue an extradition request, on bases other than political or military offenses.
Okey dokey.
His request is basically saying "no extradition for any reason what so ever" - that would amount to some kind of full immunity, which I can't see that a democracy can or should offer to a person.
You have nothing significant to contribute but hatred of Assange.
What I don't understand is how that could overrule the law and the existing agreement between UK and Swe that does not allow this without permission? This is not about a person that is simply in custody in Sweden, but someone who would have ended up in Sweden based on the law for the EAW.
Ah, but if the US can show that JA has commited an offence according US law, that is not deemed as political, and can not carry a death sentence, and the US can show enough evidence to satisfy Swedish and UK courts then it's not a loop hole, it's the law.
From what I understand, this is the key point in Swedens and UKs "refusual" to guarantee that JA would not be extradited to the US. His request is basically saying "no extradition for any reason what so ever" - that would amount to some kind of full immunity, which I can't see that a democracy can or should offer to a person.
Sorry but you're not following.
Suppose Assange is convicted of something you can call "rape".
Do you think that would make it easier or harder, politically speaking, for the government of the UK to decide to legally extradite Assange to the USA? Or to legally consent for Sweden to hand him over?
Neither. Politically the Government has nothing to do with it, they are not allowed to interfer in the actions of the Judicary, and it is the courts that will decide on any extradition, be it from the UK or Sweden, and assuming the USDoJ filed an order. That decision will also be totally unaffected by a previous criminal conviction, as it is based entirely on the evidence provided at such a supposed trial. Having a conviction doesn't magically lower the bar for what is required for extradition. For it to happen any other way, or for the Governments to get involved in it would be illegal. (Note here that the single exception is that the British Home Secretary has the authority to act on the UK's behalf in allowing Sweden to further extradite if it came to that, but once again, it'd be easier to do a legal extradition from the UK since the bar of evidence is lower there.)
What makes you think the UK, the US or Sweden care about what's legal?
What law were they obeying when they participated in a program to kidnap people and send them to countries like Syria to be tortured?
It is irrational to trust them.
"...rather than having the situation where all three justice systems can claim clean hands as they did the right thing, and the US Govt copping some more flak for continuing to do the same things it has been doing for the last 10 years since 9/11 anyway?"
You quite clearly stated that of the two options, you believe the United States government's best method of extraction would be to send a special operatives team to foreign soil to acquire a high profile, non-US citizen against his will. You then chalk up the reasoning behind it to being, "Well, we all know they do it anyway." Where is my misinterpretation?'
Let's get one thing straight first: the United States government continually displays that is has very little regard for its own laws... when it thinks it won't be caught. I'm still failing to comprehend how kidnapping an Australian citizen, now under asylum from another sovereign nation, outside of the legal jurisdiction of the United States government, with the eyes of the entire world watching is in any way, shape or form a good idea.
Perhaps I phrased question in a confusing manner, what I meant was, if Assange went missing, or happened to die, would you believe the US government if it feigned innocence? Your "most likely senario" sets up a situation in which the United States government blatantly disregards the sovereignty of other nations... Western, allied nations at that. Even though we all know the federal government doesn't care, your set-up presents a public announcement and dangerous precedent that international borders are not at all respected, which is why the easier route is always the one that occurs in the shadows.
How about you look up the word "assessment?" And while we're nit-picking about reading comprehension, I never said you "claimed" the US government was stupid, just that you think they are.
The United States government has clandestinely participated in de-stabilizing and attempting to de-stabilize South American, African, and Middle Eastern governments for the past sixty years, what makes you think they care about ramifications?
By your own admission, the government has sent special forces and CIA special operatives into countries. I seem to remember sometime last May, a small command unit entered Pakistan without the permission of their federal government, and how much controversy it caused. Except Pakistan isn't a Western country, and the mission objective wasn't an international "hero" who exposed corruption taking place within the federal government of the United States of America.
Except it's more difficult to expose one, while the other is quite obvious. There are these words... clandestine, cover-up, secrecy, corruption... look them up.
The Stratfor emails indicate quite clearly there is a possibility the United States government may attempt to gain access to Assange. It's quite easy for you to dismiss them when an entire federal government doesn't hate your guts.
Unfortunately I cannot post links as of yet, however these documents are readily available via Google.
More over, your own statement provides the biggest loophole, as the United States could simply issue an extradition request, on bases other than political or military offenses.
What makes you think the UK, the US or Sweden care about what's legal?
What law were they obeying when they participated in a program to kidnap people and send them to countries like Syria to be tortured?
It is irrational to trust them.
Mostly because in the case of Assange, the law has been consistently followed to the letter, by all parties.
Those trigger happy people are only too happy to justify the federal government disobeying it's own laws as long as they feel that the outcome justifies the means AND as long as they aren't affected directly. You just have to look back at the Bush presidency to know that it is so.Try the 2nd Admenment. How many trigger happy people are there in the US just waiting for the Govt there to prove it is a Tyranny that doesn't obey it's own laws?
Those trigger happy people are only too happy to justify the federal government disobeying it's own laws as long as they feel that the outcome justifies the means AND as long as they aren't affected directly. You just have to look back at the Bush presidency to know that it is so.
Your misinterpretation is in failure to read the rest of the post and note that the options given are based entirely on the CT world where the US is willing to do anything to get Assange, not the real one I live in where the evidence shows it's highly unlikely they'd attempt to do either, but rather if they really want him they'll follow actual legal channels to get to him not some shadowy conspriacy theory.
And what exactly happens when it's found out that the UK and Swedish courts were manipluted by the US Govt?
I ask "if Assange was illegally extradited to the US, would you believe the US government if it feigned innocence?"
I think that the US Government is stupid because I don't think they would do anything illegal to get Assange? Really?
Care to note which ones it has clandestinely participated in de-stabilizing and attempting to de-stabilize in the past 20 years?
Yeah, that mission caused such a stick it brought western civilisationto it's knees as the people roited and protested their governments over it. Oh, wait, no it didn't, it barely caused a ripple.
Trouble is that Assange was already acting this way and making these claims well before the Stratfor emails leaks.
It's a section that notes that in the case of a person being in custody that they can still be extradited and sets out the conditions to do so. They still have to be eligable for extradition, and go through the courts before that. Just because a person is in custody doesn't mean that they get to throw away the rest of the rule book. It means that if they are serving a sentance in one country, and another wants him, then they can come to an arrangement under which the person serves their sentance from the first country while in the second, or that they can be sent to the other country, tried, sentanced, and then returned to finish their sentance in the first.
No, that does not answer the question. For Sweden to be able to extradite JA from the UK, Sweden must follow the EAW law. That law forbids onwards extradition to another country, and also does not allow Sweden to charge JA with anything that was not included in the EAW (without additional permission from UK.Because it would not be considered a "normal" extradition.
"The transfer is subject to conditions agreed to in advance of the transfer."
AKA - following the law. Yes that is what at least I want's to see. JA (or anyone else) should not be above the law.Right, this is what is what people have been insinuating. If the United States wanted to get a hold on Assange, they would do so through collusion with Swedish authorities and taking advantage of the legal system.
Apologies - I'll try to rephrase myself.I don't understand this sentence.
Just for us southern hemisphere types, some clarification:
The Democrats are as bad as the Republicans? And Obama is as bad as Bush?
Understood.
No, that does not answer the question. For Sweden to be able to extradite JA from the UK, Sweden must follow the EAW law. That law forbids onwards extradition to another country, and also does not allow Sweden to charge JA with anything that was not included in the EAW (without additional permission from UK.
This means that the treaty you are quoting cannot be used directly. JA would be in Sweden due to the EAW, and would then be protected by the EAW conditions.
If the text you quoted are to be applied, you have to show how that treaty would overrule the EAW.
AKA - following the law. Yes that is what at least I want's to see. JA (or anyone else) should not be above the law.
JA has said that he would be willing to come to Sweden if Sweden would guarantee that he would not be extradited to the US. This was also included in Ecuadors statement when JA was granted asylum - that the UK and SE had refused to promise not to extradite him.
A page or two back in the thread, I quoted a Swedish professor talking about why Sweden cannot give such a guarantee. Any request from for example the US should be handled according to the law, meaning that it will be reviewed from a legal perspective (for example regarding if it's a political crime, or a crime that might lead to a death sentence). If the judicial procedures find the extradition request legal the government then have ability to stop the extradition.
Now, for JA (or Ecuador) to ask Sweden to promise never to extradite to the US would be the same as telling the Swedish courts - regardless of what the request contains you should deny it. That would be same thing as granting JA full immunity for anything and everything.
Giving somebody the rights to act above the law is not good for a democracy.
I am unaware that it is lawful in any context for the United States government to secretly collude with or coerce international court systems to extradite to the US persons of interest. That is the concern.
It was only last week that a US Marine was arrested in Venezuela after entering illegally from Colombia, how could you have missed that? Maybe you should've said 'past two days' or something? Then you would've had me.![]()