/ 6 December 2010

Long arm of the law reaches for Assange

WikiLeaks founder Julian Assange faces growing legal problems around the world, with the United States announcing that it is investigating whether he violated its espionage laws.

Friends said that Assange is in a buoyant mood, however, despite the palpable fury emanating from Washington over the WikiLeaks decision to start publishing more than 250 000 mainly classified US cables.

He is said to be at a secret location somewhere outside London, with ­fellow hackers and WikiLeaks enthusiasts.

In contrast to previous occasions, Assange has kept a relatively low profile. His attempt to give an interview to Sky News via Skype was thwarted by a faulty internet connection.

His reluctance to emerge in public is understandable. Several countries are either making — or actively considering — aggressive legal moves against him. The lengthening list includes Sweden, Australia and the US.

US attorney general Eric Holder announced that the justice department and Pentagon are conducting “an active, ongoing criminal investigation” under Washington’s Espionage Act.

The US inquiry is made tricky by Assange’s citizenship — he is Australian — and the antediluvian nature of the law’s pre-internet-era 1917 statutes.

According to the Washington Post, no charges against anyone from WikiLeaks are imminent. But asked how the US could prosecute Assange, a non-US citizen, Holder struck an ominous note. “Let me be clear. This is not sabre-rattling,” he said, vowing to “close the gaps” in current US legislation swiftly.

The Swedish situation
Assange’s most pressing headache is Sweden. Swedish prosecutors have issued an international and European arrest warrant for him in connection with rape allegations, upheld by a Swedish appeal court.

Assange strongly denies wrongdoing, but admits unprotected but consensual encounters with two women during a visit to Sweden in August.

Mark Stephens, his London-based lawyer, described the allegations as “false and without basis”, adding that they amount to persecution as part of a cynical smear campaign.

Nonetheless, the Swedes appear determined to force Assange back to Sweden for questioning. Stockholm’s director of public prosecutions, Marianne Ny, said: “So far, we have not been able to meet with him to accomplish the interrogation.”

Assange contests this too. But if he declines to return to Sweden voluntarily, and the UK enforces Sweden’s arrest warrant, things may get tricky.

Friends believe Assange’s best strategy is to get on a plane to Sweden and face down his accusers.

Stephens says that the Swedish attempts to extradite Assange have no legal force. So far he has not been charged, Stephens says — an essential precondition for a valid European warrant.

Optimism
Assange’s legal team is optimistic: a previous appeal partly succeeded in limiting the grounds on which the warrant was issued.

However, Assange’s details have been added to Interpol’s worldwide wanted list. Dated November 30, the entry reads: “sex crimes” and says the warrant has been issued by the international public prosecution office in Gothenburg, Sweden.

Assange has suggested he might find sanctuary in Switzerland. More promising perhaps is Ecuador, the leftist government of which unexpectedly offered him unconditional asylum.

At the very least, Ecuador could offer Assange a new passport. He might need one. Australia’s attorney general, Robert McClelland, said Australian police were also investigating whether any Australian laws had been broken. — Guardian News & Media 2010