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USA vs. Julian Assange Judgment

judiciary.uk

41–50 of 646 posts

Re: USA vs. Julian Assange Judgment

#41
" However, I am satisfied that,in these harsh conditions,Mr. Assange’s mental health would deteriorate causing him to commit suicide with the “single minded determination” of his autism spectrum disorder.

363.I find that the mental condition of Mr. Assange is such that it would be oppressive to extradite him to the United States of America"

Seems to be the reason why the case is rejected.

Re: USA vs. Julian Assange Judgment

#42
post #25
post #11

Reading the judgement the key points are on pages 116 onwards and the extradition is denied under section 91(3) of the EA 2003 which reads: > The condition is that the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him. The judge states: > it is my judgment that there is a real risk that he will be kept in the near isolated conditions imposed by the harshest SAMs…

I have never come across the use of satisfied for "persuaded by argument or evidence" before. (yes, I had to look it up, not a native speaker) Is this usage common or just some kind of legalese?

It's not legalese, but it is frequently used in judgments.

Re: USA vs. Julian Assange Judgment

#43
post #30
post #6

Quite surprised by that verdict. Reading the commentary from Craig Murray [1] I thought it likely he would be extradited. Maybe Trump will pardon him and Snowdon on his way out as well. [1] EG: https://www.craigmurray.org.uk/archives/2020/10/your-man-in-...

Some of us did try to say that Murray is a fucking idiot and should not be listened to.

And yet the judgement in general seems to match his assessment of the judges reaction to most of the issues raised by the defence.

She only refused the extradition because of his mental health and likely prison conditions.

Re: USA vs. Julian Assange Judgment

#45
post #38
post #24

Earlier quoted context omitted.

It's an awful ruling overall, from what I can tell from skimming it. It's great Assange won, but this ruling is not at all support for freedom of expression. This is the one part the judge agreed with the defense on as far as I can tell: > 363. I find that the mental condition of Mr. Assange is such that it would be oppressive to extradite him to the United States of America. For anyone not suffering from severe ment…

[deleted]

This is incoherent.

How would this work in the context of English courts?

Re: USA vs. Julian Assange Judgment

#46
post #24

I am incredibly happy for this ruling, I really hope it stands after the appeals. Freedom of expression and the right to know what oppresive governments are doing are too important to lose.

It's an awful ruling overall, from what I can tell from skimming it. It's great Assange won, but this ruling is not at all support for freedom of expression. This is the one part the judge agreed with the defense on as far as I can tell: > 363. I find that the mental condition of Mr. Assange is such that it would be oppressive to extradite him to the United States of America. For anyone not suffering from severe ment…

You might be able to argue that Assange crossed the line between "journalism" and "hacking", for example when he attempted to assist with cracking a hash.

The UK has other history about journalists hacking (see the phone hacking scandal).

It's one thing to receive the contents of a hack, and quite another to offer active assistance to exploit systems.

Re: USA vs. Julian Assange Judgment

#48
Quite unexpected! Like many HNers who followed Craig Murray's reporting of the trial (see below), I thought Judge Baraitser was a compliant puppet and the extradition to the US was preordained. Will be interesting to see his take on this.

https://hn.algolia.com/?dateRange=pastYear&page=0&prefix=fal...

Re: USA vs. Julian Assange Judgment

#49
post #25
post #11

Reading the judgement the key points are on pages 116 onwards and the extradition is denied under section 91(3) of the EA 2003 which reads: > The condition is that the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him. The judge states: > it is my judgment that there is a real risk that he will be kept in the near isolated conditions imposed by the harshest SAMs…

I have never come across the use of satisfied for "persuaded by argument or evidence" before. (yes, I had to look it up, not a native speaker) Is this usage common or just some kind of legalese?

I guess it's more common in British English (and maybe a bit old-fashioned?).

Edit: google ngrams seems to agree.

Re: USA vs. Julian Assange Judgment

#50
The entire US prison system feels abusive to me. I've said before that if I somehow magically were to find myself on a US jury (can't happen - I'm not resident in or a citizen of the US; this is a pure hypothetical), I'd be hard pressed to be able to justify voting "guilty" on a moral basis even for quite serious crimes.

It feels designed for vengeance and inducing harm rather than for safety for society and rehabilitation.

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