My guess is that Assange will be extradited.I hope they don't return him to America
ProtonMail mobil ile gönderildi -------- Özgün İleti -------- 11 Ağu 2021 16:35, Peter Fairbrother yazdı: > On 11/08/2021 04:31, jim bell wrote: >> To: Stephan Simanowit Amnesty International [email protected] >> >> From: Jim Bell >> >> I am an American with great interest in Julian Assange's case, and >> probably engaged in discussions with him about 1995 (although at the >> time he was under a pseudonyn) on the Cypherpunks email list. >> >> However, I happen to have learned Federal law, although I have never >> been a lawyer or paralegal: I spent probably 15,000 hours in various >> law libraries learning many areas of American Federal law. >> >> Over the last few years, I realized that Assange has some >> issues(defenses) that I am not aware were being discussed in the news >> media. However, I haven't read the actual legal filings from the UK >> case, so I didn't learn if they have been used. However, I did send >> some of this material to Barrister Jennifer Robinson, who is Assange's >> barrister. I didn't get an answer, although I didn't expect to receive >> one. >> >> A very brief description, gone into much greater detail below. >> >> 1. In virtually every issue against Assange, there appears to be no >> "extraterritoriality jurisdiction" present in American Federal law. >> This means that American courts have ruled that in order to apply >> American law to crimes committed in areas physically outside America, > > However if the effect of a crime committed by person who is outside > america is against eg a computer or other thing or person inside > america, then in american law that crime was committed within the bounds > of the unitedstates, notwithstanding that the criminal was not in > america. So issues of extraterritoriality do not apply. > > Applies also to some US forces when they are abroad, their bases and > assets are sometimes regarded as being inside the unitedstates. > > As an aside, for the purposes of the UK extradition hearing, whether the > US courts have jurisdiction is a question of UK law, not US law. > > It is just possible (though unlikely) that assange might be correctly > extradited under UK law then a US court might decide not to continue on > US law extraterritoriality grounds. > > Peter Fairbrother
