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It's the most serious charges that take precedence in terms of extradition, and rape/sexual assault is more serious than a hacking offence with a maximum of 5 years.
On that basis the High Court can choose to extradite to Sweden rather than the US, once in Sweden the more serious charge can be dealt with and the US can still seek extradition for the lesser charge.
Well, you see it's not that easy. The stated events of the Swedish rape claim, would not under UK law be considered rape, or even sexual assault. The specific pivot is that Assange did not use a condom, yet consent was given and under Swedish law that's considered violation of consent (one presumes explicit permission must be obtained to ride bareback in Sweden), thus is considered rape.
However under UK law conspiracy to commit computer intrusion is considered the same under both UK and US law.
So which is the most serious offense? The Swedish offense that is not a criminal act in the UK, or the US offense which is? Further no charges have been presented from Sweden yet, this is an arrest warrant for further questioning the US have actually filed charges.
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Originally Posted by Gungnir
Well, you see it's not that easy. The stated events of the Swedish rape claim, would not under UK law be considered rape, or even sexual assault. The specific pivot is that Assange did not use a condom, yet consent was given and under Swedish law that's considered violation of consent (one presumes explicit permission must be obtained to ride bareback in Sweden), thus is considered rape.
However under UK law conspiracy to commit computer intrusion is considered the same under both UK and US law.
So which is the most serious offense? The Swedish offense that is not a criminal act in the UK, or the US offense which is? Further no charges have been presented from Sweden yet, this is an arrest warrant for further questioning the US have actually filed charges.
The High Court wouldn't have to consider Assange's guilt just whether a crime had been committed, the Swedish extradition was previously succesful in the High Court, Court of Appeal and UK Supreme Court and according to extradition lawyers, the Swedish case would take precedence.
The Swedish case involves sexual assault under Swedish Law and would be subject to a European Arrest Warrant, in terms of the US case it involves leaking information and Assange's lawyers and supporters will argue that the leaking of such information was in the public interest, and therefore no crime had been committed.
So both ectradition cases would be controversial, however the Swedish extradition was succesful in the past and would therefore be far easier to get through the Courts, and once Assange is in Sweden he is no longer Britain's problem.
Quote:
Originally Posted by The Washington Post
Extradition experts said Britain’s decision probably would rest on factors such as the gravity of the allegations, the chronology of events and which request came first.
Rebecca Niblock, an extradition lawyer with the London-based firm Kingsley Napley, anticipated that the Swedish case would take precedence over the U.S. one. “It would be very difficult politically to say that a computer intrusion offense is more serious than an allegation of rape,” she said.
It may be down to the High Court in London to decide which extradition to proceed with, although sexual assault in relation to rape would be seen as the more serious charge, and it is likely that if Sweden proceeds to extradition uner a European Arrest Warrant that Assange would ost likely be extradited to Sweden rather than the US.
The US would then have to apply for extradition from Sweden, after the rape allegations and any court case have been concluded.
Assange is wanted on extradition charges in the UK, whilst the Courts will look at the envidence, it should be noted he lost his extradition battle to Sweden last time, and the High Court, Court of Appeal and UK Surpreme Court all ruled in favour of extradition.
As for the hacking charges, I can't seem him having any extradition overturned.
It's up to the Courts in Sweden if they decide to extradite and the US to determine guilt, the UK just needs to establish that there is enough evidence to warrant extradition.
TBH - I am not bothered where he goes, he should have gobe to Sweden in 2012, however instead he hid away in an Embassy and cost taxpayers a fortune.
#Assange wasn't charged with "espionage". He is not a spy in conventional sense. Common misconception & distorts situation. He was charged with crimes pursuant to the Espionage Act, which includes possessing and leaking national defense information. That's not "espionage".
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Originally Posted by BentBow
#Assange wasn't charged with "espionage". He is not a spy in conventional sense. Common misconception & distorts situation. He was charged with crimes pursuant to the Espionage Act, which includes possessing and leaking national defense information. That's not "espionage".
The UK is trying him, we are merely going to extradite him, and what normally happens is the High Court looks at the evidence and takes in to consideration which offence is the moe serious in terms of competing extradition claims.
Assange will e extradited the only question is whether it will be to the US or Sweden.
A good article recently published in the Swiss online magazine Republik by Nils Melzer, the United Nations Special Rapporteur on Torture, on Julian Assange and the illegal and cruel actions of Sweden, the UK and Ecuador, all countries pressured by their big ally:
They'll try to do a Jeffrey Epstein on him if they can. He's made some big time enemies but they are becoming more and more unbalanced and clumsy and erratic.
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