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Posted

Surprised this wasn't already posted when it happened 3 days ago:

 

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Judge says it would be ‘oppressive’ to extradite WikiLeaks founder to US, citing concerns for his mental health

Quote

 

Julian Assange will make a fresh bid to be released from prison on Wednesday after a British judge ruled that he cannot be extradited to the US to face charges of espionage and of hacking government computers.

Lawyers for US authorities are appealing against the ruling at the Old Bailey, which rejected arguments that the WikiLeaks co-founder would not get a fair trial in the US but blocked extradition on the basis that procedures in prisons there would not prevent him from potentially taking his own life.

Assange will appear on Wednesday at Westminster Magistrates court in west London for a new bail application, where his legal team is expected to refer to conditions at Belmarsh high-security prison in south London against the backdrop of the worsening Covid-19 pandemic. Legal experts say they would be surprised if bail is granted, given Assange’s categorisation as a flight risk.

https://www.theguardian.com/media/2021/jan/04/julian-assange-cannot-be-extradited-to-us-british-judge-rules

 

 

And an update to this as Assange tried to get bail and was refused:

 

Quote

 

Julian Assange denied bail by UK court

A British judge has ruled against releasing WikiLeaks founder Julian Assange on bail.

Lawyers for WikiLeaks founder Julian Assange had argued there is no risk of him absconding, pending an appeal against a decision not to extradite him to the United States. Lawyers for the US government, however, told the court there were "no conditions that could guarantee his surrender" if Assange were released from custody.

"I am satisfied that there are substantial grounds for believing that if Mr. Assange is released today he would fail to surrender to court to face the appeal proceedings," Judge Vanessa Baraitser said.

Crowds of supports had gathered outside the court awaiting the ruling.

A London court on Monday blocked his extradition to the United States, where the 49-year-old faces a number of charges for publishing hundreds of thousands of secret documents online. Judges said he was a high suicide risk if handed over.

The US Department of Justice called the extradition ruling "extremely disappointing" and said it will appeal. The process, however, will likely take months, particularly given the current backlog of cases caused by the COVID-19 pandemic.

Even if the US loses again, it could also appeal to the UK Supreme Court, which would mean longer delays.

 

https://www.dw.com/en/julian-assange-denied-bail-by-uk-court/a-56142441

 

Apparently he was offered return back home to Australia if he somehow makes it over the mountain of lawfare in the UK.

 

Mexico also offered Assange asylum, which I'm sure will be taken very seriously given what happened with Ecuador.

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Posted

I am curious if Biden/Harris will drop the bail request considering the Dems stance on cash bail?

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Posted
35 minutes ago, laylalex said:

That doesn't make sense. The court handling the bail request is English. 

But I believe it is the lawyers representing the US that were demanding bail not be allowed.

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Posted
Just now, Dashinka said:

But I believe it is the lawyers representing the US that were demanding bail not be allowed.

But that doesn't matter, I think. It's English law in English courts. The US can demand whatever it wants but it's not American law that the judge will use to make that call. I may be wrong but it doesn't logically make any sense to say that the DOJ is running the show, or else he would have been extradited!

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Just now, laylalex said:

But that doesn't matter, I think. It's English law in English courts. The US can demand whatever it wants but it's not American law that the judge will use to make that call. I may be wrong but it doesn't logically make any sense to say that the DOJ is running the show, or else he would have been extradited!

I guess my point is, if the US lawyers (or UK lawyers representing the US) did not demand "no bail" would the judge have ruled differently?  I know, it is really a moot question, but that is what lead to my question as to where the US is headed with respect to bail for non-violent offenders.

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Posted

That's a different question, and thanks for clarifying that. :)

 

Well, I am not an English lawyer or an American one so I don't know! I guess if bail is anything there like it is here it's still in a judge's discretion to say yes or no.

 

But in any case, the no cash bail movement wouldn't apply here. Serious crimes and where people are flight risks are still going be areas where prosecutors who support the no cash bail movement will require bail or detention. It's not a "release them all" concept. 

 

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