Yes, its another non-family update.
The polarising effect Assange/Wikileaks has on people bothers me enormously. People calling for Assange's assassination, other people claiming he has acted in an 'entirely responsible' manner. In the last 24 hours I have even seen multiple examples of people that would normally be livid at the mere suggestion of rape, lumping rape in with offenses like jay-walking. It's weird. So, I just want to share what is probably the most level-headed piece of writing regarding the whole Wikileaks fiasco I have yet encountered.
And whatever one may think about Turnbull, personally or his politics, you cannot deny his intelligence, or that he has strong history in this arena having won the Spycatcher case in the UK. So here you go...
http://www.malcolmturnbull.com.au/blogs/julian-assange-and-wikileaks/
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This sort of things are good for seeing who is calm and measured, and to see who becomes hysterical. It will be interesting to see if Gillard can come up with a relevant charge that could stick under Australian law.
ReplyDeleteMister Jay: I'm not in any way belittling rape. But... I'm assuming you're aware that both women involved in this have long since agreed that all sex which occurred was consensual?
ReplyDeleteFrom what I can tell, the charges - such as they are - seem to revolve around non-use of a condom. Obviously, since even Assange's lawyers have had only papers in Swedish, details aren't precise as yet. But 'rape' as you and I understand it - in fact, any vaguely understandable variation on that idea - isn't in the picture.
As for acting responsibly... that's a much harder call. I'd say there's probably material which shouldn't have been released, for the safety of various individuals. On the other hand, I've also read from several sources that Wikileaks approached the US government with an eye to co-operation on redacting the material to be released -- but the USAnians were unwilling to take part.
The question is vexing. But my take is:
1) We didn't arrest and charge Woodward and Bernstein. Nor, in fact, have we made a habit of charging media organisations and journalists for releasing information from undisclosed sources. There are circumstances, yes: 'sub judice', for example. But so far, nobody has shown anything like a decent case for charging Assange over these releases.
2) Assange is an Australian citizen, and has been accused of no crime in or against Australian law. As far as I know, he is therefore due the proper protection offered any citizen of the Commonwealth of Australia.
3) The inalienable core of British and Australian criminal law hinges on the presumption of innocence. We do not operate under the Code Napoleon. Therefore, Mr Assange is currently innocent, and once again, is due all proper protection that the Australian government can, and should, offer any of its citizens.