Assange, Wikileaks & US

I don't think Assange has that many chances to survive into 2011.  This is most unfortunate because whatever trace is left in people's minds about the image of the US is going to be blown into pieces.  The world will turn cynical, I fear for much worse.

 If  we wanted a better course of action, we should have thought as if the Cold War were still going on.  Then we should have thanked Mr. Assange in whatever terms, retired Mrs. Clinton for her request for spying on the UN officials, and returned to work by filling in whatever gaps wikileaks has been exposing in our whole system.

As for the justice coming from the Swedes, or our own private and self-appointed law enforcers (Amazon, PayPal, etc.), what more can I say?  ...true to form.

Marianne Ny: Making an arse of Swedish law.

Written By: - Date published: 4:28 pm, December 4th, 2010 - 66 comments
Categories: International, activism, us politics - Tags: , ,
With all of the drama surrounding the Wikileaks release of US government diplomatic wires which I and others do not find surprising. What has been intriguing me more is the behavior of the Sweden’s director of public prosecutions, Marianne Ny. The available information on her charges and actions against Julian Assange, the founder and head of Wikileaks, indicates that she is driven more by the politics than any respect for the law. Assange’s current lawyer compares her to role of the infamous Beria in Stalins 1930′s show trials – and from what I can see I’d have to agree. Similarly I fail to see why Interpol is involved for such a minor charge
Apparently the charge is question is something pretty weird called “sex by surprise”
Assange’s London attorney, Mark Stephens, told AOL News today that Swedish prosecutors told him that Assange is wanted not for allegations of rape, as previously reported, but for something called “sex by surprise,” which he said involves a fine of 5,000 kronor or about $715.
This would not be regarded as being rape here or apparently anywhere else apart from Sweden. Specifically in this case it appears to revolve around the use of condoms. I’d have to point out here (probably with too much information) that I was conceived because of a condom failure. Over the years I have had a few failures of condoms and failed to use condoms when I should have. It happens in the passion to the best of us. Fortunately I haven’t had the consequence of either issue or STD’s.
The facts of the case do not appear to be in any dispute by either side.
Assange arrived in Sweden on Aug. 11 to speak at a weekend seminar sponsored by the Social Democratic Party and arranged to stay at a Stockholm apartment belonging to the event organizer, a member of the branch of the party who would become one of Assange’s two accusers.
According to a police report obtained by the Daily Mail in August, she and Assange had sex, and at some point the condom broke. While she was apparently not happy about the condom breaking, the two were seen the next day at the seminar, and nothing appeared amiss.
While in Sweden Assange had sex with another woman a few days after meeting her at a function hosted by the first woman.
The woman and Assange also reportedly had sex. According to the Daily Mail account, Assange did not use a condom at least one time during their sexual activity. The New York Times today quoted accounts given by the women to police and friends as saying Assange “did not comply with her appeals to stop when (the condom) was no longer in use.”
The woman discovered that Assange had sex with both of them, and a few days later went to the police. This is where the legal system in Sweden gets somewhat strange and muddled.
Based on what was said to police, the on-call prosecutor, Marie Kjellstrand, decided to issue an arrest warrant on charges of rape and molestation, and the next day the story hit the Swedish paper Expressen and newspapers all over the world.
Kjellstrand’s decision was overruled the following day by a higher-level prosecutor, Eva Finne, who withdrew the arrest warrant and said she did not see any evidence for rape allegations.
Then, on Sept. 1, a third prosecutor, Ny, re-opened the rape investigation, implying that she had new information in the case.
The best information about what was going on comes from Melbourne barrister James D. Catlin, who acted for Julian Assange in London in October. Of course this is one-sided. However there appears to be nothing to contradict this in the media storm raging in Sweden with statements from the prosecutors or the woman or their lawyer.
The women here are near to and over 30 and have international experience, some of it working in Swedish government embassies. There is no suggestion of drugs nor identity concealment. Far from it. Both women boasted of their celebrity connection to Assange after the events that they would now see him destroyed for.
That further evidence hasn’t been confected to make the charges less absurd does Sweden no credit because it has no choice in the matter. The phenomena of social networking through the internet and mobile phones constrains Swedish authorities from augmenting the evidence against Assange because it would look even less credible in the face of tweets by Anna Ardin and SMS texts by Sofia Wilén boasting of their respective conquests after the “crimes”.
In the case of Ardin it is clear that she has thrown a party in Assange’s honour at her flat after the “crime” and tweeted to her followers that she is with the “the world’s coolest smartest people, it’s amazing!”. Go on the internet and see for yourself. That Ardin has sought unsuccessfully to delete these exculpatory tweets from the public record should be a matter of grave concern. That she has published on the internet a guide on how to get revenge on cheating boyfriends ever graver. The exact content of Wilén’s mobile phone texts is not yet known but their bragging and exculpatory character has been confirmed by Swedish prosecutors. Niether Wilén’s nor Ardin’s texts complain of rape.
But then neither Arden nor Wilén complained to the police but rather “sought advice”, a technique in Sweden enabling citizens to avoid just punishment for making false complaints. They sought advice together, having collaborated and irrevocably tainted each other’s evidence beforehand. Their SMS texts to each other show a plan to contact the Swedish newspaper Expressen beforehand in order to maximise the damage to Assange. They belong to the same political group and attended a public lecture given by Assange and organised by them. You can see Wilén on the YouTube video of the event even now.
Of course, their celebrity lawyer Claes Borgström was questioned as to how the women themselves could be essentially contradicting the legal characterisation of Swedish prosecutors; a crime of non-consent by consent. Borgström’s answer is emblematic of how divorced from reality this matter is. “They (the women) are not jurists”. You need a law degree to know whether you have been r-ped or not in Sweden. In the context of such double think, the question of how the Swedish authorities propose to deal with victims who neither saw themselves as such nor acted as such is easily answered: You’re not a Swedish lawyer so you wouldn’t understand anyway. The consent of both women to sex with Assange has been confirmed by prosecutors.
So why exactly is there a red notice lodged with Interpol over this? In the 188 countries that are part of Interpol, there are a bit over five thousand notices given each year for murderers, fraudsters, actual rapists, and other serious crimes. A crime that has a maximum penalty of USD715 and no potential jail time is a minor offense, and appears to be more a case of social ineptitude on both sides than anything else.
Why did Interpol accept it? There isn’t even an arrest warrant against Assange in Sweden. Apparently because Sweden’s director of public prosecutions, Marianne Ny claimed that Julian Assange had ‘fled’ to avoid answering questions. However  the facts that have not been disputed by the Swedish prosecutor or her staff is that Julian Assange has made statements to both the police and the prosecutors after staying in Sweden to do so, was given permission to leave the country by the prosecutors, and has offered to answer questions in Britian including at the Swedish embassy.
Of even more concern is the conditions attached to the red notice. When it was issued on November 18th it requested that Assange would be
…held incommunicado without access to lawyers, visitors or other prisoners..
Quite simply this looks like a politically motivated legal move to grab Julian Assange on a legal pretext, to shut him up, and to get moved to a country with a sympathetic prosecutor for extradition. I’d be extremely interested in finding out what communication has been going on between the conservative government in Sweden  before and after the election on September 19th with the government in the US.
But it is pretty clear that Marianne Ny is not acting for the law in Sweden – she is using the law and the Interpol process on the flimsiest pretext. It is clear that you can’t call this rape despite what the prosecutors in Sweden say and has been blasted all over the US media.
Sure, Assange should probably answer more questions – if only to get this on again, off again, on again accusation settled. But there is no reason that cannot be done in the relative safety of the embassy in London. Since the charges do not carry a custodial sentence then there should be no reason to put Assange in prison to answer questions. That just makes him an easy to get at target for the various groups that are proposing to kill or imprison him on trumped up charges from countries like the US to which he owes no duty.
Bearing in mind the US policies of grabbing suspects from friendly states with poor legal systems and throwing them into concentration camps like Guantanamo Bay for interrogation, I can see why Assange would not want to put in the control of a show trial prosecutor like Ny.
Marianne Ny is just making an arse of Swedish law and holding it up as a laughing stock to the rest of the world.
BTW: If anyone is having problems accessing Wikileaks, then try this link


Anonymous said...

ANNA Ardin is, as alleged in numerous reports, the woman who claims Wikileaks founder Julian Assange sexually molested her. Hers is the story Wikileaks was scooped on.

Is it a plot to undo Assange and Wikileaks? If it is a plot, it is clever. Assange and his site possess an otherwordliness. They operate beyond the normal confines. But if he can be pinned down – and on top of a woman – the allure is lost. Wikileaks is no longer cool. It becomes irrelevant.

What do we know about Anna Ardin? On her old blog page – now deleted, Ardin writes a mini bio:

My feminist reflections and comments on animal rights, Swedish politics and Cuba from a political scientist, Christian left and long distance runner will from now on be published at http://annaardin.wordpress.com“

Gawker tells us:

Anna Ardin, thepolitical secretary and press officer of the Swedish “Brotherhood Movement,” a group of Christians from the Social Democratic Party controversial for inviting anti-Semitic speakers to the country

They had also invited Assange to speak.

Nicholas John Mead looks at the organs behind the news:

Assange has been in Sweden to arrange this deal and also agreed to write a column for centre-left Swedish newspaper Aftonbladet (the main rival to Expressen who “broke” this “story”), the first of which was due to be released today. Incidentally, Aftonbladet have decided to postpone publication in the light of the rape allegations.

Assange is duly interviewed by Aftonbladet:

Have you had sex with them?

“Their identities have been made anonymous so even I have no idea who they are.”

Have you had sex at all during your stay in Sweden?

This is something I am entitled to keep private and also to preserve the privacy of the women.

But is it not best in this situation to be as transparent as possible?

Yes, but I do not want to drag people’s private lives through the dirt without having the whole situation clear to me.

Why have they turned to the police? What lies behind their actions? What I can say is that I have never, either in Sweden or in any other country, had sex with someone that they haven’t consented to.

What do you think of the police and the prosecutor’s conduct?

Nobody has asked me about my version of the story.

What is your side of the story?

I want to know more about what I am accused of before I say anything about it.

You are suspected of molestation.

Nothing I have done applies to this allegation.

How would you sum up this Saturday?

Anonymous said...

Neither the prosecutors or police have been in contact with me. However, I’m glad that the Swedish authorities quickly checked the women’s stories and struck-down allegations of rape. Apparently it is because a prosecutor with a higher rank took over the investigation and changed the decision to arrest me. The first prosecutor should be criticized however as well as the media who have blindly reported on the allegations.

So. Is it all a conspiracy to smear Assange, as some might suppose? Some of Wikileaks servers are based in Sweden. The rape allegation was reported and then dismissed in the public eye.

One site serves this up as evidence:

Mattias Ardin – a cusin of Anna Ardin is a soldier in Afganistan. The CIA conection is hot again.

It’s not much to go on, is it?

On her now deleted wordpress blog, Anna Ardin has a piece on revenge:

One reason for revenge

I’ve been thinking about some revenge over the last few days and came across a very good side who inspired me to this seven-point revenge instruction in Swedish.

We have no idea is Anna Ardin was molested or not. All we know is that the story is out there. In interview, one of the women tells us, cryptically

One of two women involved told Aftonbladet in an interview published today that she had never intended Assange to be charged with rape. She was quoted as saying: “It is quite wrong that we were afraid of him. He is not violent and I do not feel threatened by him.”

Speaking anonymously, she said each had had voluntary relations with Assange: “The responsibility for what happened to me and the other girl lies with a man who had attitude problems with women.”

Sources close to the woman said that issues arose during the relationships about Assange’s willingness to use condoms.

No hiding place for Wikileaks. No leaks.

In her interview, she dismissed the idea, seized on by many conspiracy theorists that ‘dirty tricks’ lay behind the rape allegations, because of WikiLeaks’ defiance of the US government. She said: “The charges against Assange are of course not orchestrated by the Pentagon.”

And on its goes. And the more it goes on, the more Assange loses his cool of an international man of mystery and begins to look like a normal techie with a website and a hard on…

multumnonmulta said...

It's funny, when not tragic, how some sex-offense is cooked up for the civilized discourse, each time one messes up with the democratic power.

This is what the Biblical religions have brought upon us. It's almost always guaranteed to work.

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