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OpEdNews Op Eds    H2'ed 7/31/15

Assange: The Untold Story Of An Epic Struggle For Justice

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This is an updated version of John Pilger's 2014 investigation which tells the unreported story of an unrelenting campaign, in Sweden and the US, to deny Julian Assange justice and silence WikiLeaks: a campaign now reaching a dangerous stage.

The siege of Knightsbridge is both an emblem of gross injustice and a grueling farce. For three years, a police cordon around the Ecuadorean embassy in London has served no purpose other than to flaunt the power of the state. It has cost -12 million. The quarry is an Australian charged with no crime, a refugee whose only security is the room given him by a brave South American country. His "crime" is to have initiated a wave of truth-telling in an era of lies, cynicism and war.

The persecution of Julian Assange is about to flare again as it enters a dangerous stage. From August 20, three quarters of the Swedish prosecutor's case against Assange regarding sexual misconduct in 2010 will disappear as the statute of limitations expires. At the same time Washington's obsession with Assange and WikiLeaks has intensified. Indeed, it is vindictive American power that offers the greatest threat -- as Chelsea Manning and those still held in Guantanamo can attest.

The Americans are pursuing Assange because WikiLeaks exposed their epic crimes in Afghanistan and Iraq: the wholesale killing of tens of thousands of civilians, which they covered up, and their contempt for sovereignty and international law, as demonstrated vividly in their leaked diplomatic cables. WikiLeaks continues to expose criminal activity by the US, having just published top secret US intercepts -- US spies' reports detailing private phone calls of the presidents of France and Germany, and other senior officials, relating to internal European political and economic affairs.

None of this is illegal under the US Constitution. As a presidential candidate in 2008, Barack Obama, a professor of constitutional law, lauded whistleblowers as "part of a healthy democracy [and they] must be protected from reprisal." In 2012, the campaign to re-elect President Barack Obama boasted on its website that he had prosecuted more whistleblowers in his first term than all other US presidents combined. Before Chelsea Manning had even received a trial, Obama had pronounced the whistleblower guilty. He was subsequently sentenced to 35 years in prison, having been tortured during his long pre-trial detention.

Few doubt that should the US get their hands on Assange, a similar fate awaits him. Threats of the capture and assassination of Assange became the currency of the political extremes in the US following Vice-President Joe Biden's preposterous slur that the WikiLeaks founder was a "cyber-terrorist." Those doubting the degree of ruthlessness Assange can expect should remember the forcing down of the Bolivian president's plane in 2013 -- wrongly believed to be carrying Edward Snowden.

According to documents released by Snowden, Assange is on a "Manhunt target list." Washington's bid to get him, say Australian diplomatic cables, is "unprecedented in scale and nature." In Alexandria, Virginia, a secret grand jury has spent five years attempting to contrive a crime for which Assange can be prosecuted. This is not easy. The First Amendment to the US Constitution protects publishers, journalists and whistleblowers.

Faced with this constitutional hurdle, the US Justice Department has contrived charges of "espionage," "conspiracy to commit espionage," "conversion" (theft of government property), "computer fraud and abuse" (computer hacking) and general "conspiracy." The Espionage Act has life in prison and death penalty provisions...

Assange's ability to defend himself in this Kafkaesque world has been handicapped by the US declaring his case a state secret. In March, a federal court in Washington blocked the release of all information about the "national security" investigation against WikiLeaks, because it was "active and ongoing" and would harm the "pending prosecution" of Assange. The judge, Barbara J. Rosthstein, said it was necessary to show "appropriate deference to the executive in matters of national security." Such is the "justice" of a kangaroo court.

The supporting act in this grim farce is Sweden, played by the Swedish prosecutor Marianne Ny. Until recently, Ny refused to comply with a routine European procedure routine that required her to travel to London to question Assange and so advance the case. For four-and-a-half years, Ny has never properly explained why she has refused to come to London, just as the Swedish authorities have never explained why they refuse to give Assange a guarantee that they will not extradite him on to the US under a secret arrangement agreed between Stockholm and Washington. In December 2010, The Independent revealed that the two governments had discussed his onward extradition to the US.

Contrary to its 1960s reputation as a liberal bastion, Sweden has drawn so close to Washington that it has allowed secret CIA "renditions" -- including the illegal deportation of refugees. The rendition and subsequent torture of two Egyptian political refugees in 2001 was condemned by the UN Committee against Torture, Amnesty International and Human Rights Watch; the complicity and duplicity of the Swedish state are documented in successful civil litigation and in WikiLeaks cables. In the summer of 2010, Assange had flown to Sweden to talk about WikiLeaks revelations of the war in Afghanistan -- in which Sweden had forces under US command.

"Documents released by WikiLeaks since Assange moved to England," wrote Al Burke, editor of the online Nordic News Network, an authority on the multiple twists and dangers facing Assange, "clearly indicate that Sweden has consistently submitted to pressure from the United States in matters relating to civil rights. There is every reason for concern that if Assange were to be taken into custody by Swedish authorities, he could be turned over to the United States without due consideration of his legal rights."

Why hasn't the Swedish prosecutor resolved the Assange case? Many in the legal community in Sweden believe her behavior inexplicable. Once implacably hostile to Assange, the Swedish press has published headlines such as: "Go to London, for God's sake."

Why hasn't she? More to the point, why won't she allow the Swedish court access to hundreds of SMS messages that the police extracted from the phone of one of the two women involved in the misconduct allegations? Why won't she hand them over to Assange's Swedish lawyers? She says she is not legally required to do so until a formal charge is laid and she has questioned him. Then, why doesn't she question him? And if she did question him, the conditions she would demand of him and his lawyers -- that they could not challenge her -- would make injustice a near certainty.

On a point of law, the Swedish Supreme Court has decided Ny can continue to obstruct on the vital issue of the SMS messages. This will now go to the European Court of Human Rights. What Ny fears is that the SMS messages will destroy her case against Assange. One of the messages makes clear that one of the women did not want any charges brought against Assange, "but the police were keen on getting a hold on him." She was "shocked" when they arrested him because she only "wanted him to take [an HIV] test." She "did not want to accuse JA of anything" and "it was the police who made up the charges." (In a witness statement, she is quoted as saying that she had been "railroaded by police and others around her.")

Neither woman claimed she had been raped. Indeed, both have denied they were raped and one of them has since tweeted, "I have not been raped." That they were manipulated by police and their wishes ignored is evident -- whatever their lawyers might say now. Certainly, they are victims of a saga which blights the reputation of Sweden itself.

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John Pilger grew up in Sydney, Australia. He has been a war correspondent, author and documentary film-maker. He is one of only two to win British journalism's highest award twice, for his work all over the world. On 1 November, he was awarded (more...)
 
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