[governance] Julian Assange extradition: Ecuador 'willing to co-operate' with Britain

jonathan at jcave.eclipse.co.uk jonathan at jcave.eclipse.co.uk
Thu Aug 23 10:21:00 EDT 2012


The British press is uncontrolled and for the health of the polity - uncontrollable. It is certainly no tool of the State and as contemptuous of government or opposition (depending on which one you read) as of Assange. 

Surely you are not suggesting prior restraint or censorship?

J. 
Sent using BlackBerry® from Orange

-----Original Message-----
From: Riaz K Tayob <riaz.tayob at gmail.com>
Sender: governance-request at lists.igcaucus.org
Date: Thu, 23 Aug 2012 10:43:00 
To: <governance at lists.igcaucus.org>
Reply-To: governance at lists.igcaucus.org,Riaz K Tayob <riaz.tayob at gmail.com>
Subject: Re: [governance] Julian Assange extradition: Ecuador 'willing to
 co-operate' with Britain

[Emphasis added...]

http://www.guardian.co.uk/commentisfree/2012/aug/22/julian-assange-media-contempt


  The bizarre, unhealthy, blinding media contempt for Julian Assange

It is possible to protect the rights of the complainants in Sweden and 
Assange's rights against political persecution, but a vindictive thirst 
for vengeance is preventing that

  *
    Glenn Greenwald <http://www.guardian.co.uk/profile/glenn-greenwald>
  * guardian.co.uk <http://www.guardian.co.uk/>, Wednesday 22 August


Julian Assange: the British press's public enemy No1. Photograph: Chris 
Helgren/Reuters

*(updated below - Update II)*

Earlier this week, British lawyer and legal correspondent for the New 
Statesman David Allen Green generated a fair amount of attention by 
announcing that he would use his objective legal expertise 
<http://www.newstatesman.com/blogs/david-allen-green/2012/08/five-legal-myths-about-assange-extradition> 
to bust what he called "legal myths about the Assange extradition." 
These myths, he said, are being irresponsibly spread by Assange 
defenders and "are like 'zombie facts' which stagger on even when shot 
down."

In addition to his other credentials, Green – like virtually the entire 
British press – is a long-time and deeply devoted Assange-basher 
<http://www.newstatesman.com/blogs/human-rights/2012/06/desperation-julian-assange>, 
and his purported myth-busting was predictably regurgitated 
<http://gawker.com/5936600/> by those who reflexively grasp onto 
anything that reflects poorly on western establishmentarians' public 
enemy No1. It's really worth examining what Green argued to understand 
the behavior in which Assange detractors engage to advance this 
collective vendetta, and also to see how frequently blatant ideological 
agendas masquerade as high-minded, objective legal expertise.

But before getting to that, let us pause to reflect on a truly amazing 
and revealing fact, one that calls for formal study in several academic 
fields of discipline. Is it not remarkable that one of the very few 
individuals over the past decade to risk his welfare, liberty and even 
<http://www.dailymail.co.uk/news/article-1334341/WikiLeaks-Sarah-Palin-demands-Julian-Assange-hunted-like-Al-Qaeda-terrorist.html>life 
<http://www.huffingtonpost.com/2010/12/07/fox-news-bob-beckel-calls_n_793467.html> 
to meaningfully challenge the secrecy regime on which the American 
national security state (and those of its obedient allies 
<http://jurist.law.pitt.edu/paperchase/2009/03/un-torture-investigator-warns-uk-over.php>) 
depends just so happens to have become – long before he sought asylum 
from Ecuador – the most intensely and personally despised figure among 
the American and British media class and the British "liberal" 
intelligentsia?

In 2008 – two years before the release of the "collateral murder" video, 
the Iraq and Afghanistan war logs, and the diplomatic cables – the 
Pentagon prepared a secret report 
<http://www.nytimes.com/2010/03/18/us/18wiki.html> which proclaimed 
WikiLeaks to be an enemy of the state and plotted ways to destroy 
<http://3.bp.blogspot.com/_MnYI3_FRbbQ/S64J1rmc53I/AAAAAAAACWI/wiLUSVixG5U/s1600/pentagon2.png> 
its credibility and reputation. But in a stroke of amazing luck, 
Pentagon operatives never needed to do any of that, because the 
establishment media in the US and Britain harbor at least as much 
intense personal loathing for the group's founder as the US government 
does, and eagerly took the lead in targeting him. Many people like to 
posit the US national security state and western media outlets as 
adversarial forces, but here – as is so often the case 
<http://www.nytimes.com/2004/05/26/international/middleeast/26FTE_NOTE.html?pagewanted=all> 
– they have so harmoniously joined in common cause.

Whatever else is true, establishment media outlets show unlimited 
personal animus toward the person who, as a panel of judges put it 
<http://www.guardian.co.uk/media/2011/jun/02/julian-assange-martha-gelhorn-prize> 
when they awarded him the the 2011 Martha Gellhorn prize for journalism, 
"has given the public more scoops than most journalists can imagine." 
Similarly, when the Australian version of the Pulitzers – the Walkley 
Foundation – awarded its highest distinction 
<http://www.walkleys.com/news/5131/> (for "Most Outstanding Contribution 
to Journalism") to WikiLeaks in 2011, it cited 
<http://www.walkleys.com/2011winners#most-outstanding-contribution-to-journalism> 
the group's "courageous and controversial commitment to the finest 
traditions of journalism: justice through transparency," and observed: 
"So many eagerly took advantage of the secret cables to create /more 
scoops in a year than most journalists could imagine in a lifetime/."

When it comes to the American media, I've long noted 
<http://www.salon.com/2010/11/30/wikileaks_10/> this revealing paradox. 
The person who (along with whomever is the heroic leaker 
<http://www.guardian.co.uk/commentisfree/2011/dec/14/bradley-manning-deserves-a-medal>) 
enabled "more scoops in a year than most journalists could imagine in a 
lifetime" – and who was quickly branded an enemy by the Pentagon and a 
terrorist by high U.S. officials 
<http://www.huffingtonpost.com/2010/12/19/joe-biden-wikileaks-assange-high-tech-terrorist_n_798838.html> 
– is the most hated figure among establishment journalists, even though 
they are ostensibly devoted to precisely these values of transparency 
and exposing serious government wrongdoing. (This transparency was 
imposed not only on the US and its allies 
<http://www.salon.com/2010/12/24/wikileaks_23/>, but also some of the 
most oppressive regimes in the Arab world 
<http://ggdrafts.blogspot.com.br/2011/10/bill-keller-on-wikileaks-cables.html>). 


But the contempt is far more intense, and bizarrely personal, from the 
British press, much of which behaves with staggering levels of 
mutually-reinforcing vindictiveness and groupthink when it's time to 
scorn an outsider like Assange. On Tuesday, Guardian columnist Seumas 
Milne wrote a superb analysis 
<http://www.guardian.co.uk/commentisfree/2012/aug/21/why-us-is-out-to-get-assange> 
of British media coverage of Assange, and observed that "the virulence 
of British media hostility towards the WikiLeaks founder is now 
unrelenting." Milne noted that to the British press, Assange "is nothing 
but a 'monstrous narcissist', a bail-jumping 'sex pest' and an 
exhibitionist maniac" – venom spewed at someone "who has yet to be 
charged, let alone convicted, of anything."

Indeed, the personalized nature of this contempt from self-styled sober 
journalists often borders on the creepy (when it's not wildly 
transgressing that border). Former New York Times' executive editor Bill 
Keller infamously quoted an email from a Times reporter claiming 
<http://www.nytimes.com/2011/01/30/magazine/30Wikileaks-t.html?pagewanted=all> 
that Assange wore "filthy white socks that collapsed around his ankles" 
and "smelled as if he hadn't bathed in days." On the very same day 
WikiLeaks released over 400,000 classified documents showing genuinely 
horrific facts about massive civilian deaths in the Iraq war and US 
complicity in torture by Iraqi forces, the New York Times front-paged an 
article <http://www.nytimes.com/2010/10/24/world/24assange.html?hp> 
purporting to diagnose Assange with a variety of psychological 
afflictions and concealed, malicious motives, based on its own 
pop-psychology observations and those of Assange's enemies ("erratic and 
imperious behavior", "a nearly delusional grandeur", "he is not in his 
right mind", "pursuing a vendetta against the United States").

A columnist for the Independent, Joan Smith, recently watched Assange's 
interview of Ecuadorean president Rafeal Correa and offered up this 
wisdom 
<http://www.independent.co.uk/opinion/commentators/joan-smith/joan-smith-why-do-we-buy-julian-assanges-oneman-psychodrama-7869897.html>: 
"He's put on weight, his face is puffy and he didn't bother to shave 
before his interview with Correa." And perhaps most psychologically 
twisted of all: a team of New York Times reporters and editors last 
week, in its lead article about Ecuador's decision to grant asylum, 
decided it would be appropriate to include a quote 
<http://gregmitchellwriter.blogspot.com.br/2012/08/nyt-flushes-assange-charges.html> 
from one of Assange's most dedicated enemies claiming that when the 
WikiLeaks founder was a visitor in his apartment, he "refused to flush 
the toilet during his entire stay" (faced with a barrage of mockery and 
disgust over their reporting on Assange's alleged toilet habits, the NYT 
sheepishly deleted that passage without comment).

*It is difficult to think of anyone this side of Saddam Hussein who 
triggers this level of personalized, deeply ingrained hatred from 
establishment journalists. Few who spew this vitriol would dare speak 
with the type of personalized scorn toward, say, George Bush or Tony 
Blair – who actually launched an aggressive war that resulted in the 
deaths of at least 100,000 innocent people and kidnapped people from 
around the globe with no due process and sent them to be tortured. The 
reaction Assange inspires among establishment media figures is really 
sui generis.*

It is vital to note, as was just demonstrated, that this media contempt 
long pre-dates, and exists wholly independent of, the controversy 
surrounding the sex assault allegations in Sweden, and certainly long 
pre-dates his seeking of asylum from Ecuador. Indeed, given that he has 
not been convicted of anything, to assume Assange's guilt would be 
reprehensible – every bit as reprehensible as concluding that the 
allegations are a CIA ruse or that the complainants' allegations should 
be dismissed as frivolous or inherently untrustworthy.

It would be genuinely nice to think that the same British government 
that refused to extradite 
<http://www.guardian.co.uk/world/2000/jan/13/pinochet.chile6> the mass 
rapist 
<http://www.independent.co.uk/news/victims-of-pinochets-police-prepare-to-reveal-details-of-rape-and-torture-1183793.html> 
Augusto Pinochet has suddenly developed a devoted passion for ensuring 
that alleged sex assault offenders are brought to justice – just as it 
would be nice to believe that the sudden interest 
<http://www.guardian.co.uk/commentisfree/2012/aug/21/human-rights-critics-russia-ecuador> 
in denouncing Ecuador's press freedom record was driven by some newly 
discovered and authentic concern in the west for civil liberties 
protections in South America. But as Milne put it last night with great 
understatement: "such posturing looks increasingly specious." As he 
rhetorically asked:

    *"Can anyone seriously believe the dispute would have gone global,
    or that the British government would have made its asinine threat to
    suspend the Ecuadorean embassy's diplomatic status and enter it by
    force, or that scores of police would have surrounded the building,
    swarming up and down the fire escape and guarding every window, if
    it was all about one man wanted for questioning over sex crime
    allegations in Stockholm?"*

Like those who suddenly discover the imperatives of feminism when it 
comes time to justify the war in Afghanistan, or those who become 
overnight advocates of gay rights when it comes time to demonize the 
regime in Tehran, or those who took a very recent interest in Ecuadorean 
press freedoms, these sex assault allegations -- as serious and 
deserving of legal resolution as they are -- are being cynically 
exploited as a political weapon by many who have long despised Assange 
for reasons entirely independent of this case.

* * * * *

There are several obvious reasons why Assange provokes such unhinged 
media contempt. The most obvious among them is competition: the 
resentment generated by watching someone outside their profession 
generate more critical scoops in a year than all other media outlets 
combined (see this brilliant 2008 post 
<http://www.tinyrevolution.com/mt/archives/001990.html>, in the context 
of the Clintons, about how professional and ego-based competition 
produces personal hatred like nothing else can).

*Other causes are more subtle though substantive. Many journalists (and 
liberals) like to wear the costume of outsider-insurgent, but are, at 
their core, devoted institutionalists, faithful believers in the 
goodness of their society's power centers, and thus resent those (like 
Assange) who actually and deliberately place themselves outside of it. 
By putting his own liberty and security at risk to oppose the world's 
most powerful factions, Assange has clearly demonstrated what happens to 
real adversarial dissidents and insurgents – they're persecuted, 
demonized, and threatened, not befriended by and invited to parties 
within the halls of imperial power – and he thus causes many journalists 
to stand revealed as posers, servants to power, and courtiers.*

Then there's the ideological cause. *As one long-time British journalist 
told me this week when discussing the vitriol of the British press 
toward Assange: "Nothing delights British former lefties more than an 
opportunity to defend power while pretending it is a brave stance in 
defence of a left liberal principle." That's the warped mindset that led 
to so many of these self-styled liberal journalists to support the 
attack on Iraq <http://eustonmanifesto.org/the-euston-manifesto/> and 
other acts of Western aggression in the name of liberal values. And it's 
why nothing triggers their rage like fundamental critiques of, and 
especially meaningful opposition to, the institutions of power to which 
they are unfailingly loyal.*

* * * * *

With that context established, let us return to David Allen Green. The 
attacks on those who have defended Assange's extradition and asylum 
arguments has depended on the disgusting slander that such advocates are 
indifferent to the allegations of sexual assault made against him or, 
worse, *are "rape apologists." *

*The reality is exactly the opposite. I have spoken to countless Assange 
defenders over the last couple of years and not a single one – literally 
not one – is dismissive of the need for those allegations in Sweden to 
be taken seriously and to be legally and fairly resolved.* Typifying 
this view is Milne's column last night, which in the midst of scorning 
the attacks on Assange, embraced "the seriousness of the rape 
allegations made against Assange, for which he should clearly answer 
and, if charges are brought, stand trial."

*That is the view of every Assange defender with a platform that I know 
of, including me (one can certainly find anonymous internet commenters, 
or the occasional named one, making actual, horrific rape apologist 
claims, but one can find stray advocates saying anything; imputing those 
views to Assange defenders generally would be like claiming that all 
Assange critics want to see him illegally shot in the head or encaged 
for life because some prominent American 
<http://www.dailymail.co.uk/news/article-1334341/WikiLeaks-Sarah-Palin-demands-Julian-Assange-hunted-like-Al-Qaeda-terrorist.html> 
and other commentators 
<http://www.peopleokwithmurderingassange.com/the_list.html> have called 
for this <http://www.youtube.com/watch?v=fRMV7zi4h_k>).*

*Not only Assange defenders, but also his own lawyers and the Ecuadorean 
government, have worked relentlessly to ensure that /he faces those 
allegations in Sweden/. They have merely sought to do so in a way that 
protects him from extradition to the US to face espionage charges for 
his journalism – a threat that could send him to prison for life (likely 
in a torturous super-max facility), and a threat only the _wilfuly 
blind_ could deny is serious and real 
<http://www.washingtonpost.com/wp-dyn/content/article/2010/11/29/AR2010112905973.html>. 
*

In their *New York Times op-ed this week 
<http://www.nytimes.com/2012/08/21/opinion/wikileaks-and-the-global-future-of-free-speech.html?ref=opinion>, 
Michael Moore and Oliver Stone correctly argue that it is "the British 
and Swedish governments that stand in the way of [the sex assault] 
investigation, not Mr Assange." *That's because, they note, Assange has 
repeatedly offered to be questioned by Swedish authorities in London, or 
to travel /today/ to Sweden to face those allegations if he could be 
assured that his doing so would not result in his extradition to the US 
to face espionage charges.

Time and again 
<http://www.huffingtonpost.com/2012/08/21/rafael-correa-britain-julian-assange_n_1820515.html>, 
"Correa said Ecuador never intended to stop Assange from facing justice 
in Sweden. 'What we've asked for is guarantees that he won't be 
extradited to a third country,' he said." *Both /Britain and Sweden have 
steadfastly refused even to discuss any agreement that could safeguard 
both the rights of the complainants and Assange's rights not to be 
imprisoned for basic journalism./*

These facts – and they are facts – pose a lethal threat to the key false 
narrative that Assange and his defenders are motivated by a desire to 
evade his facing the sex assault allegations in Sweden. So these facts 
need to be impugned, and that's where David Allen Green and his 
"myth-busting" legal expertise comes into play.

One myth Green purports to debunk is the notion that "the Swedes should 
interview Assange in London." This cannot be, Green argues, because 
"Assange is not wanted merely for questioning. He is wanted for arrest." 
He also echoes numerous other Assange critics by arguing that the 
"he-has-not-yet-been-charged" claim is a mere technical irrelevancy: the 
only reason this is true, he says, is because he must be in Sweden for 
that to happen.

*But back in early 2011, Assange critics were telling a much different 
story. *Back then, they were arguing that Assange was wildly overstating 
the danger he faced from extradition to Sweden because the investigation 
there was at such a preliminary stage and he was merely wanted for 
questioning. Indeed, here's what the very same David Allen Green wrote 
on 28 February 2011 
<http://www.newstatesman.com/blogs/david-allen-green/2011/02/assange-eaw-sexual-sweden> 
when explaining the status of the investigation to his readers [my 
emphasis]:

    "This extradition order does not necessarily mean, of course, that
    he will be extradited, /still less that he will be charged/, tried,
    or convicted. Assange may win an appeal of the extradition order, or
    Sweden may decide either not to continue or to /interview him while
    he remains in England/. However, unless some such external event
    intervenes, Assange will be shortly extradited to Sweden /to be
    questioned/ about an allegation of rape, two allegations of sexual
    molestation, and an allegation of unlawful coercion."

Back when it suited Green, he emphasized that Assange has not been 
charged with any crime, that there is far from any certainty that he 
would be, and that extradition to Sweden is merely for him "to be 
questioned" on these allegations: exactly the "myths" and "zombie facts" 
which he now purports to bust. Moreover, Swedish law professor Marten 
Schultz, who strongly supports Assange's extradition to Sweden, has said 
the same 
<http://www.project-syndicate.org/commentary/justice-for-sweden> [my 
emphasis]:

    "The UK supreme court's decision means /only that Assange will be
    transferred to Sweden for interrogation. /It does not mean that he
    will be tried, or /even charged/. It is entirely possible that he
    will be transferred to Sweden, questioned, and released if the
    Swedish authorities find that there are insufficient grounds for
    prosecution. It is impossible – as it should be – to predict how the
    case will unfold."

Clearly, as Green himself used to acknowledge, Assange at this point is 
wanted for questioning in this case, and has not been charged. Once he's 
questioned, he might be charged, or the case might be dropped. That is 
what has made the Swedes' steadfast refusal to question him in England 
so mystifying, of such concern to Assange, and is the real reason that 
the investigation has thus far been obstructed. Indeed, Swedish legal 
expert Ove Bring has made clear 
<https://sverigesradio.se/sida/artikel.aspx?programid=2054&artikel=5235707>, 
in the context of discussing Assange, that "under Swedish law it is 
possible to interrogate people abroad," but that Sweden is refusing to 
do so simply for reasons of "prestige" (he added: "If he goes to Sweden, 
is interrogated, then I expect the case would be dropped, as /the 
evidence is not enough to charge him with a crime/").

Then there's the very strange argument Green makes about why extradition 
to the US would be more easily accomplished if he's in Britain rather 
than Sweden. I've previously set out 
<http://www.guardian.co.uk/commentisfree/2012/jun/20/julian-assange-right-asylum> 
the reasons and supporting evidence showing the reverse is true and 
won't repeat those here, but let's look at what Green says to support 
his claim:

    One can add that there is no evidence whatsoever that the United
    Kingdom would not swiftly comply with any extradition request from
    the United States; quite the reverse. Ask Gary McKinnon, or Richard
    O'Dwyer, or the NatWest Three.

The US has been seeking McKinnon's extradition from Britain for a full 
seven years and counting 
<http://www.guardian.co.uk/world/2012/jul/24/gary-mckinnon-extradition-review-hacker>; 
O'Dwyer also remains in England and is the subject of a popular campaign 
to block his shipment to the U.S. 
<http://www.guardian.co.uk/uk/2012/jul/06/richard-odwyer-extradition-opposed-majority>; 
the NatWest Three were able toresist extradition to the US for four full 
years <http://news.bbc.co.uk/2/hi/uk_news/5160094.stm>. These cases 
disprove, rather than prove, that an extradition demand from the US 
would be "swiftly complied with" in Britain. In contrast to the 
secretive Swedish judicial system, there is substantial public debate 
along with transparent (and protracted) judicial proceedings in Britain 
over extradition.

It is true, as Green notes, that the Swedish government cannot provide 
an iron-clad "guarantee" that Assange would not be extradited to the US. 
That's because it is Swedish courts, and not the government, that make 
the ultimate decision on extradition. But both the British and Swedish 
governments play an important role in any extradition proceeding: they 
take influential positions on whether extradition is legally warranted. 
Under Britain's extradition treaty, it must consent to the subsequent 
extradition of any individual it extradites (meaning its consent would 
be needed for Sweden to send Assange to the U.S.), while in Sweden, the 
government must formally opine 
<http://www.firmmagazine.com/features/1179/Assange_-_what%27s_going_on%3F.html> 
on whether extradition should take place (some Swedes havemade the case 
<http://ibnkafkasobiterdicta.wordpress.com/2012/08/19/the-julian-assange-circus-why-is-carl-bildt-lying/> 
that the government's position would be dispositive).

*At the very least, there is ample room for negotiation. Both the 
British and Swedish governments could – and should – take the position 
that to prosecute Assange under espionage statutes for acts of 
journalism would be political crimes that are not subject to their 
extradition treaties with the U.S. or are otherwise not cognizable 
extradition offenses. Rather than explore any of those possible grounds 
for agreement, both governments have simply refused to negotiate either 
with Assange's lawyers or the Ecuadorean government over any proposals 
to safeguard his rights. That refusal on the part of those governments – 
and not any desire to obstruct the investigation or evade facing those 
allegations – is what led the Ecuadoreans to conclude that asylum was 
necessary to protect Assange from political persecution.*

_*The complainants in Sweden have the absolute right to have their 
serious allegations against Assange investigated and legally resolved. 
But Assange has the equally compelling right under international law and 
treaties to be free of political persecution: which is exactly what 
prosecuting him (and perhaps imprisoning him for life) in the US for 
WikiLeaks' disclosures would be. *_

*It is vital that both sets of rights be safeguarded, not just one.* The 
only just solution is one that protects both. Assange's lawyers and the 
Ecuadorians have repeatedly pursued arrangements to vindicate all 
substantial rights at stake so that he can travel to Sweden – today – to 
face those allegations while being protected against unjust extradition 
to the US. It is the refusal of the British and Swedish authorities even 
to consider any such proposals that have brought this situation to the 
unfortunate standstill it is in.

*It is incredibly telling that media attacks on Assange do not even pay 
lip service to, let alone evince any actual interest in, the profound 
threats to press freedom that would come if he were extradited to and 
tried in the United States.* In lieu of being informed about any of 
this, readers and viewers are bombarded with disturbing, and often quite 
disturbed, rants driven by unrestrained personal contempt. That contempt 
not only drowns out every important value at stake in this case, but 
also any regard for the basic facts.

* * *

*/UPDATE/*: Numerous people objected that I too readily conceded the 
point that Swedish courts, rather than the Swedish government, are the 
ultimate decision-makers on extradition requests, and the Swedish 
government therefore cannot provide Assange with a guarantee that he 
will not be extradited to the U.S. This article 
<http://ibnkafkasobiterdicta.wordpress.com/2012/08/19/the-julian-assange-circus-why-is-carl-bildt-lying/> 
by a lawyer -- who fervently believes that Assange should be extradited 
to Sweden -- makes the case very compellingly that the Swedish 
government most certainly can provide such a guarantee if it chose to 
[my emphasis]:

    Extradition procedures are typically of a mixed nature, where courts
    and governments share the final decision – it is not unknown for
    /governments to reject an extradition request in spite of court
    verdict allowing it/. . . .

    Article 12 [of Sweden's extradition law] adds that the government
    may put conditions on its decision to accept an extradition request.
    /The deciding body is thus the government/, with an input by the
    Prosecutor general and a veto right given to the Supreme Court in
    case where the requested person doesn't accept to be extradited.

The article goes on to cite the Swedish extradition law to outline two 
possible outcomes where the target of an extradition request challenges 
its validity: (1) the Swedish supreme court rules that extradition is 
not legally permissible, in which case the Swedish government is not 
free to extradite; (2) the Swedish supreme court rules that extradition 
is legally permissible, in which case the Swedish government is free to 
decide that it will not extradite for policy or other prudential 
reasons. In other words, the Swedish judiciary has the right to /block/ 
an extradition request on legal grounds, but it lacks the power 
to/compel/ extradition; if the courts approve of the legal basis, the 
Swedish government still retains the authority to decide if extradition 
should take place.

As indicated, even if it were true that Swedish government was an unable 
to offer Assange a so-called "iron-clad guarantee" against extradition, 
there is still grounds to negotiate in order to have him travel to 
Sweden to face these allegations; given that the Swedish government 
clearly has, at the very least, a significant role to play in the 
process, its advanced position against Assange's extradition to the U.S. 
on the basis of WikiLeaks' journalistic disclosures would be 
significant. But there is at least a strong argument to make, if not an 
irrefutable one, that the Swedish government is able to offer precisely 
the guarantee that both Assange and Ecuadorean authorities have sought 
in order to enable him immediately to travel to Sweden to face the sex 
assault allegations against him. Independently, the British government 
is also clearly in a position to contribute to those assurances, given 
the need for its consent if extradition to the U.S. from Sweden is to 
take place.

If one wants to find a culprit for why these sex assault allegations are 
not being resolved the way they should be, the refusal of these two 
governments even to negotiate to secure Assange's clear rights against 
unjust extradition is the place to begin.

* * *

*/UPDATE II/*: For even more compelling evidence that the Swedish 
government is the final decision-maker in extradition matters and does 
indeed have the power to guarantee Assange that he would not be 
extradited to the U.S. based on his journalism, see the citations in 
Point 3 of this excellent reply to Green 
<http://pastehtml.com/view/c91yw7wjy.html>.


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