News

23014 readers

9 users here now

Welcome to the News community!

Rules:

1. Be civil

Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban.

2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.

Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.

3. No bots, spam or self-promotion.

Only approved bots, which follow the guidelines for bots set by the instance, are allowed.

4. Post titles should be the same as the article used as source.

Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.

5. Only recent news is allowed.

Posts must be news from the most recent 30 days.

6. All posts must be news articles.

No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.

7. No duplicate posts.

If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.

8. Misinformation is prohibited.

Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.

9. No link shorteners.

The auto mod will contact you if a link shortener is detected, please delete your post if they are right.

10. Don't copy entire article in your post body

For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.

founded 2 years ago

MODERATORS

[email protected]

Julian Assange: Wikileaks founder in last-ditch bid to avoid US extradition (www.bbc.com)

submitted 10 months ago by [email protected] to c/[email protected]

54 comments fedilink hide all child comments

you are viewing a single comment's thread
view the rest of the comments

[–] [email protected] 7 points 10 months ago* (last edited 10 months ago) (1 children)

A pretty likely outcome here is that he goes to the US, gets sentenced, and it turns out that he would have long-since been out of prison had he not spent all the time on the lam more-or-less cooped up; that a lot of the effective sentence will have been one he created himself by going on the run.

Maybe he can get some of that counted as time served -- I dunno if the time spent in the UK in prison doing appeals against extradition counts -- but the time hanging out in the Ecuadorian embassy definitely doesn't.

EDIT: This is talking about Florida state law, but it sounds like it's not entirely-guaranteed either way; if federal law works as Florida law does, he might get credit for some of the time served in British prison:

https://criminaldefenseattorneytampa.com/extradition/international-extradition/

Credit for Time Served While Awaiting Extradition to the U.S.

In Calafell v. State, 263 So. 3d 216 (Fla. 3d DCA 2019), the court considered whether a person should receive additional credit for time spent in custody in an Argentine jail awaiting extradition to Florida to face charges.

Section § 921.161(1), Fla. Stat., provides:

“A sentence of imprisonment shall not begin to run before the date it is imposed, but the court imposing a sentence shall allow a defendant credit for all of the time she or he spent in the county jail before sentence. The credit must be for a specified period of time and shall be provided for in the sentence.”

In Kronz v. State, 462 So.2d 450, 451 (Fla. 1985), the court held that although section 921.161(1) requires a trial judge to give credit for time served in Florida county jails pending disposition of criminal charges, it does not require awarding such credit for time spent in jails in other jurisdictions.

The court noted that “[t]he trial judge does, however, have the inherent discretionary authority to award credit for time served in other jurisdictions while awaiting transfer to Florida. In this latter circumstance, the trial judge should consider the appropriateness of an award of credit for time served when the defendant was incarcerated in another state solely because of the Florida offense for which he or she is being sentenced.” Id.

EDIT 2: Here's a ruling on California law on intrastate extradition. According to this, California apparently does grant credit for time served while fighting extradition under specific conditions, but also says that this is probably not something that most states would permit:

https://research.ceb.com/secondary-sources/area/criminal-law/15clpp0000/c350.44

50 Extradition

III. UNIFORM CRIMINAL EXTRADITION ACT (UCEA)

§50.44 J. Credit for Time in Custody Awaiting Extradition

A defendant who has been in custody in another jurisdiction because of an untried charge in California, when finally tried and sentenced in California, is entitled to credit for presentence time served even though he or she resisted extradition, if the presentence time served in the other jurisdiction was for the same offense for which the defendant was convicted in California. In re Watson (1977) 19 C3d 646 (defendant granted credit for 285 days under Pen C §2900.5 for presentence time spent in Texas jail fighting extradition to California). If the defendant was in custody in the other jurisdiction for related and unrelated offenses, California must grant credit only for time served if the defendant was arrested first on the California warrant. In re Joyner (1989) 48 C3d 487 (no credit for time served because California hold put on defendant after he was arrested in Florida for crime allegedly committed there).

Defense counsel should be cautioned, however, that Watson is not binding on other states and probably represents a minority view. This should be considered in deciding whether to resist extradition, because the fugitive may be doing "dead time" in California while he or she is fighting extradition to another state. When the fugitive faces very serious charges in the demanding state, defense counsel in California should contact the attorney or agency who will represent the defendant in the demanding state and find out what the law is in that state on credit for time served, and factor that into the decision of whether and how to resist extradition.

[–] [email protected] 6 points 10 months ago (1 children)

Assange's lawyers say he could face up to 175 years in prison if convicted, though American authorities have said the sentence is likely to be much shorter than that.

Manning alone got 35 years, Assange would certainly get far worse than her.

[–] [email protected] 6 points 10 months ago

Nah, Manning actually got charged with a lot more than Assange did; Manning was a serving member of the military and violated military law. And even in Manning's case, the sentence was commuted to 7 years.

https://en.wikipedia.org/wiki/United_States_v._Manning

The trial on the 12 remaining charges began on June 3, 2013.[5] It went to the judge on July 26, 2013, and findings were rendered on July 30.[6][7] Manning was acquitted of the most serious charge, that of aiding the enemy, for giving secrets to WikiLeaks. In addition to five[8][9] or six[10][11][12] espionage counts, Manning was also found guilty of five theft specifications, two computer fraud specifications and multiple military infractions.[13]

On August 21, 2013, Manning was sentenced to 35 years' imprisonment, reduction in pay grade to E-1, forfeiture of all pay and allowances, and a dishonorable discharge.[14] On January 17, 2017, President Barack Obama commuted Manning's sentence to a total of seven years' confinement. Manning was released on May 17, 2017.[15][16] On May 31, 2018, the U.S. Army Court of Criminal Appeals upheld Manning's conviction of violating the Espionage Act of 1917.[17]

The expected sentence is probably about five years, whereas Assange has already been spent considerably more than that as a fugitive (and some of that time cooped up). US prosecutors apparently estimated that he'll probably get between 48 and 63 months based on prior sentences.

The charges carry a maximum sentence of 175 years in prison, although Lewis said “the longest sentence ever imposed for this offense is 63 months.”