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| Terror Networks |
| Justice memo: FBI can apprehend Assange overseas, regardless of foreign criminal laws |
| 2010-08-03 |
| Assange seems to believe, incorrectly, that he is immune to arrest so long as he stays outside the United States. He leads a nomadic existence, operating in countries such as Sweden, Belgium and Iceland, where he believes he enjoys the protection of "beneficial laws." (He recently worked with the Icelandic parliament to pass legislation effectively making the country a haven for WikiLeaks). The United States should make clear that it will not tolerate any country -- and particularly NATO allies such as Belgium and Iceland -- providing safe haven for criminals who put the lives of NATO forces at risk. With appropriate diplomatic pressure, these governments may cooperate in bringing Assange to justice. But if they refuse, the United States can arrest Assange on their territory without their knowledge or approval. In 1989, the Justice Department's Office of Legal Counsel issued a memorandum entitled "Authority of the Federal Bureau of Investigation to Override International Law in Extraterritorial Law Enforcement Activities." This memorandum declares that "the FBI may use its statutory authority to investigate and arrest individuals for violating United States law, even if the FBI's actions contravene customary international law" and that an "arrest that is inconsistent with international or foreign law does not violate the Fourth Amendment." In other words, we do not need permission to apprehend Assange or his co-conspirators anywhere in the world. Arresting Assange would be a major blow to his organization. But taking him off the streets is not enough; we must also recover the documents he unlawfully possesses and disable the system he has built to illegally disseminate classified information. This should be done, ideally, through international law enforcement cooperation. But if such cooperation is not forthcoming, the United States can and should act alone. Assange recently boasted that he has created "an uncensorable system for untraceable mass document leaking." I am sure this elicited guffaws at the National Security Agency. The United States has the capability and the authority to monitor his communications and disrupt his operations. Last year, the Obama administration stood up a new U.S. Cyber Command (USCYBERCOM) to "conduct full-spectrum military cyberspace operations" in defense of U.S. national security. With the stroke of his pen, the president can authorize USCYBERCOM to protect American and allied forces by eliminating WikiLeaks' ability to disseminate classified information that puts their lives at risk. |
| Posted by:lex |
| #17 I could live with that, Rambler. We're always to blame anyway. |
| Posted by: Barbara Skolaut 2010-08-03 21:50 |
| #16 Re #12: If anything "unfortunate" happens to Assange, like getting shot in broad daylight, or having an extremely fatal fall down some stairs, everybody will blame the eeeeeeevil US. It won't matter who did it - even if the assassin leaves a note in Russian, Chinese, Pashtun or whatever. It will still be our fault. |
| Posted by: Rambler in Virginia 2010-08-03 21:36 |
| #15 These 'wang leakers' should be easy to draw in. Just set them up with a few credible leaks with a few embedded web tracking tags and then pounce. |
| Posted by: airandee 2010-08-03 20:33 |
| #14 Send him to GITMO |
| Posted by: No I am The Other Beldar 2010-08-03 19:18 |
| #13 Has anybody told Holder and zero? Those two clowns have other priorities, such as taking doctors to court for refusing to work for nothing & taking Arizona to court to protect itself from illegal immigration. |
| Posted by: Anguper Hupomosing9418 2010-08-03 19:16 |
| #12 Wikileaks has done some good work exposing Chinese oppression and the shenanigans of the Russian mafia. If you're going to piss in those guys' messkits, though, you need to remember who your friends are. Assange and his gang have forgotten that, and they may well pay the price for it. |
| Posted by: Atomic Conspiracy 2010-08-03 16:05 |
| #11 A US Federal jail cell just might be the safest place on earth for these traitors. And even then... Every single person they pass on the street, for the remainder of their lives, may be someone seeking blood revenge. Not only on them, but on their loved ones as well. It's a cold cruel world and many of the people they have betrayed will not be nice people. Go take a read about the torutre rooms around the world, losers. You just got the attention of the type of people who play that game. And I'm not talking panties on the head. There is no way to know the darkness of heart, the country, the reach or the ability of those betrayed. The chattering classes cheering them on will be little comfort to them now. |
| Posted by: Martini 2010-08-03 15:34 |
| #10 Too many Wangs in the list. |
| Posted by: JohnQC 2010-08-03 15:22 |
| #9 Assange is just a mouthpiece for an advisory board which runs Wikileaks, comprising Assange, Phillip Adams, Wang Dan, C. J. Hinke, Ben Laurie, Tashi Namgyal Khamsitsang, Xiao Qiang, Chico Whitaker and Wang Youcai. Any of these can be picked up anytime, but they are not, so why not? |
| Posted by: tipper 2010-08-03 13:33 |
| #8 In the news: 114 members of the House of Representatives voted NO on war funding on July 29. At least you have 100+ congressmen happy with the guy. They won't expect (or probably thwart) Mr. President's "stroke of a pen" to authorize USCYBERCOM to do anything. |
| Posted by: Willy 2010-08-03 11:38 |
| #7 The only way Bambi and Holder would approve such an operation is to look strong or to cover their collective butts. Otherwise they won't do shit. |
| Posted by: DarthVader 2010-08-03 11:19 |
| #6 Nothing would go futher towards stopping this sort of nonsense than the sight of this a@shat in a US courtroom. Except maybe a suicide by Pvt Manning (now reputedly being watched due to risk of same), followed by some heavy pressure on Iceland, Sweden etc by State and Treasury.... |
| Posted by: lex 2010-08-03 10:25 |
| #5 His least worry is the FBI. Its the ISI that won't even bother to move the body. |
| Posted by: Procopius2k 2010-08-03 10:15 |
| #4 All very well. Has anybody told Holder and zero? |
| Posted by: Thor Chanter3839 2010-08-03 09:55 |
| #3 ...Oh please, PLEASE... Nothing would go futher towards stopping this sort of nonsense than the sight of this a@shat in a US courtroom. Mike |
| Posted by: Mike Kozlowski 2010-08-03 09:29 |
| #2 Technically, in past wasn't these overseas captured made by the United States Marshals Service? "In fiscal year 2008, the U.S. Marshals arrested more than 36,600 federal fugitive felons, clearing 39,700 federal felony warrants – more than all other law enforcement agencies combined. Working with authorities at the federal, state, and local levels, U.S. Marshals-led fugitive task forces arrested more than 73,000 state and local fugitives, clearing 90,600 state and local felony warrants." |
| Posted by: Anonymoose 2010-08-03 09:22 |
| #1 Or he could have Polonium poisoning. Or cirrhosis. Or..... |
| Posted by: Glenmore 2010-08-03 09:11 |