Tuesday, December 7, 2010

Espionage

Lieberman and others have been making noises about extraditing Julian Assange and charging him with espionage.   How realistic is that?

Probably not very.   The chief threat to Assange is either assassination or being placed in perpetual limbo at Guantanamo without trial.  Both definite possibilities under the practices instituted by the Bush administration and contiinued by Barack Obama.  Torture in U.S. custody is also a definite possibility.

While American citizens - like Jonathan Pollard or  Ben-Ami Kadish, sentenced for spying on behalf of Israel -- have been convicted of espionage, and foreign nationals spying within the USA could be, has any spymaster such as those in the Mossad or KGB been successfully extradited and brought to the U.S. for trial?  Of course not.  And a foreign national owes no allegiance to the United States.  If caught in the United States without diplomatic immunity and proven conspirators, they could be charged.  

And Julian Assange as far as we can tell so far was not involved in a conspiracy to steal classified documents.  If a citizen of Australia while abroad bends over and picks up a file of secret American documents, does he commit a crime by reading the file or sharing it with others?  Of course not.  (Well, that conclusion depends on whether there is some applicable Australian law.  But on humanitarian considerations, no nation can any longer render up it's citizens to U.S. custody without becoming a possible accomplice in the consequences, which include torture and lack of due process.)

Pfc Manning on the other hand is up the creek without a paddle.  Pollard got a life sentence back in 1987 and will be in prison for life unless he is surrendered to the Israelis.  (Netanyahu and others have been lobbying for his release.)   Manning is sure to draw life as well.  Not that the leaks are really worth such a penalty except for the sheer volume.

Pollard on the other hand sold classified documents to Israel and perhaps also South Africa.  It is claimed he attempted to sell information to Pakistan.

No comments:

Post a Comment