Assange Anger at 'Smear Campaign' After Leaked Police Files Published

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Theaustralian: Assange Anger at 'Smear Campaign' After Leaked Police Files Published

Remember that when Daniel Ellsberg was releasing the Pentagon papers, Nixon broke into his psychiatrists office to steal information to be used against him. Government will do anything to destroy things that oppose its power.


LAWYERS for Julian Assange have expressed anger about an alleged smear campaign against the WikiLeaks founder after incriminating police files were published in the newspaper that has used him as its source for hundreds of leaked US embassy cables.

In a move that surprised many of Assange's closest supporters, The Guardian newspaper yesterday published previously unseen police documents which accused Assange in graphic detail of sexually assaulting two Swedish women. One witness is said to have stated: "Not only had it been the world's worst screw, it had also been violent."

Bjorn Hurtig, Assange's Swedish lawyer, said he would lodge a formal complaint to the authorities and ask them to investigate how such sensitive police material leaked into the public domain.

"It is with great concern that I hear about this because it puts Julian and his defence in a bad position," he told a colleague.

"I do not like the idea that Julian may be forced into a trial in the media. And I feel especially concerned that he will be presented with the evidence in his own language for the first time when reading the newspaper.

"I do not know who has given these documents to the media, but the purpose can only be one thing - trying to make Julian look bad."

Assange is facing criminal allegations in Sweden over claims by two women that he sexually assaulted them while he was in the country earlier this year.

Another supporter close to Assange said the leak appeared designed by the authorities in Sweden to jeopardise Assange's defence. "There has been a selective smear through the disclosure of material. That material, in Swedish, was passed to a journalist at The Guardian," said a source.

"The timing appears to have been cynically calculated to have the material published in the middle of the bail application and the appeal."

Assange, 39, was arrested and held in custody at Wandsworth prison in south London after Sweden issued an extradition request. He was released on bail last week after a High Court judge dismissed an appeal by the British authorities, on behalf of the Swedes, to overturn an earlier decision to free him. He has to meet strict conditions, including electronic tagging.

The Australian was told that he could walk free on a surety of pounds 275,000. The money came from nine celebrity backers including Jemima Khan and Bianca Jagger.

Assange has now swapped his "Victorian cell" at Wandsworth for a stately home. Ellingham Hall, set in 600 acres on the Norfolk-Suffolk border, is owned by Vaughan Smith, a former army captain.

In an editorial yesterday, The Guardian defended its decision to report on the incriminating police files. It said that having been given access to the official papers it had a duty to present a "brief summary" of the sex allegations against Assange together with his response.

Others were less enthused by The Guardian's treatment of its top source, pointing out that this is someone whom the newspaper has elevated into hero status as a campaigner for freedom of information.

One senior lawyer said the case had echoes of that of Sarah Tisdall, a former Foreign Office civil servant who in 1983 leaked a secret Whitehall document to The Guardian about British nuclear defence policy.

The Guardian complied with a court order to hand over the document she had supplied, leading police to identify her. She was charged and sentenced to six months in jail.

Some commentators point to the apparent hypocrisy of some of Assange's supporters, like the journalist John Pilger, bemoaning the Swedish police leaks, given their campaign for a man whose life is devoted to publishing confidential material. "Hoist by his own petard," said one observer.

Ever since the sex assault claims surfaced, Assange has claimed that they are part of a conspiracy by the Swedes and the Americans to punish him for having masterminded the leak of the US cables, which have infuriated the Obama administration.

His lawyers, including Mark Stephens, who declined to comment, are confident they can stop Assange's extradition on both legal and human rights grounds. They point out that the offence of "minor rape", with which he may be charged, has no equivalent in British law because the accused can be guilty even if a woman consents.

A spokesman for the Guardian said: "Julian is not a confidential source. The argument that the papers involved with the WikiLeaks cables should not report criticism of him is one all journalists would find ridiculous."
 
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NYTimes: Police Report Leaks Detailing Assange's Alleged Sex Offenses

LONDON — Julian Assange, the founder of WikiLeaks who was released from a British jail late last week, is facing a new challenge: the leak of a 68-page confidential Swedish police report that sheds new light on the allegations of sexual misconduct that led to Mr. Assange’s legal troubles.

The Swedish report traces events over a four-day period in August when Mr. Assange had what he has described as consensual sexual relationships with two Swedish women. Their accounts, which form the basis of an extradition case against Mr. Assange, state that their encounters with him began consensually, but became nonconsensual when he persisted in having unprotected sex with them in defiance of their insistence that he use a condom.

The case has prompted widespread controversy, with supporters of Mr. Assange alleging that he is the victim, and the women are complicit, in an American-inspired vendetta seeking to punish WikiLeaks for posting of hundreds of thousands of secret American documents on the Internet.

The conspiracy, supporters of Mr. Assange have said, hinges on what they have described as an improbable coincidence: that he is facing potential criminal charges just as he is challenging the United States government. These critics have also pointed to possible political manipulation of the Swedish prosecutors office, which had dropped the most serious allegations against Mr. Assange, but later revived them.

But the police report and dozens of interviews in recent months with people in Sweden linked to the case suggest that the Swedish case could be less flawed than Mr. Assange’s supporters have suggested. And interviews with legal experts suggest that it would not be abnormal for such a high-level case to move up the hierarchy of prosecutors, and for those prosecutors to have disagreements over how to apply Sweden’s finely calibrated laws on sexual misconduct.

Still, the police report also provides support for a claim made by Mr. Assange’s supporters that the women involved seemed willing to continue their friendships with Mr. Assange after what they described as sexual misbehavior. The women did not decide to go to the police, the report shows, until they discovered by talking to each other that they had both been sexually involved with him and, by their accounts, had similar experiences.

The British newspaper The Guardian broke the news of the report on Saturday, and quoted extensively from what it said was an unredacted copy. The New York Times later obtained a redacted form of the report from another source in Swedish. It is a preliminary summary of the evidence taken by investigators when they met with the two women and with Mr. Assange, who left Sweden for Britain in early October but subsequently refused to return to Sweden for further questioning.

Mr. Assange has told friends in Britain that he decided not to return after concluding that the Swedish case was being driven by a desire to isolate and punish him for WikiLeaks’ actions in publishing the secret American documents.

The Swedish documents trace the accounts given by the two women of their intimate encounters with Mr. Assange. As previously reported, both women say that Mr. Assange first agreed to use a condom and then refused, in the first instance by continuing with sex after the condom broke and in the second by having sex without using a condom with a woman who was asleep.

Mr. Assange himself has declined to address the women’s accounts directly, both before his Dec. 7 arrest on the Swedish extradition warrant and since he was released from a 10-day period in a London jail on Thursday after posting $310,000 bail. But he has vehemently denied any wrongdoing, and has long insisted he is the victim of a political conspiracy. On Friday, he told the BBC that the case presented in the London courts was “a smear attempt,” and that the impending publication of the Swedish police documents amounted to “another smear attempt.”

Mr. Assange told the BBC that he did not know “precisely who is behind” the “conspiracy” against him, although his supporters have flooded the Internet with charges that the C.I.A. is conspiring to discredit him. But he added, “It’s the case of any organization that’s exposing major powers, and has major opposition, that they will be attacked. Every aspect of their lives will be scrutinized, and this organization is no exception.”

The two women have been referred to in the British courts only as Ms. A and Ms. W. Ms. A, according to the police report and to Swedish friends, is a left-wing activist in her early 30s who was Mr. Assange’s point of contact when he flew to Stockholm from London on Aug. 11 to give a speech at a gathering hosted by the Swedish Association of Christian Social Democrats on Aug. 14. Ms. W., who works in a Stockholm museum, has told friends that she is a strong supporter of WikiLeaks.

...continued on page 2 and 3 of NYTIMES
 
We'll no doubt hear charges of hypocrisy coming from the opposition even though an individual's privacy and a government's privacy are not the same thing.
 
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