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The Assange case

Many thanks indeed to “Me in Us” for this transcript.

00:12 ONN: Hello. We’re here today at the home of Craig Murray, the whistleblower and former ambassador to Uzbekistan. Craig, thank you for being here with us on ON today. On Sunday you spoke out publicly defending Julian Assange in giving a speech in front of the Ecuadorean assembly. What made you want to stand up and be counted as among his supporters?

CRAIG MURRAY: Well, the main reason is that I’ve been a whistleblower myself and active with other whistleblowers, and I’ve seen so many whistleblowers fitted up with false charges, and as soon as anybody blows the whistle, particularly on any aspects of, if you like, neoconservative foreign policy and war, you’re going to get fitted up and you’re going to get defamed with false charges, and if you’re male I think in every case those charges are going to involve sexual allegations. So I could just see, if you like, a miscarriage of justice in the process of being done, and I wanted to do anything I can to help stop it.

01:16 ONN: You said that individual whistleblowers are not charged with political offenses, they are fit up with criminal ones. Would you care to elaborate on that?

CRAIG MURRAY: Yes, certainly, and I’ll give a few examples. James Yee, who was a chaplain at Guantanamo Bay, he blew the whistle on torture and mistreatment of inmates at Guantanamo Bay. He was first of all charged with espionage and acts of espionage benefiting a foreign country. Then those charges were dropped and he was charged with adultery, which apparently under US military law is an offense, and he was charged with having pornography on his government computer at work, and he was convicted of both of those, and then later the conviction was overturned.

Brigadier Janis Karpinski was the lady in charge of all Iraqi prisoners of war in Iraq, not just at Abu Ghraib. She was in charge of all military installations. She wasn’t actually at Abu Ghraib, and actually she’d only ever been to Abu Ghraib once. When the story broke about all the torture at Abu Ghraib, she came forward and she said that she had personally seen a document signed by Donald Rumsfeld detailing forms of torture to be used at Abu Ghraib, including stress positions, including threatening naked prisoners with dogs. She said those techniques were detailed in the document which was signed by Donald Rumsfeld. She was recalled to the United States, and the day after she returned to the United States she was allegedly caught shoplifting and charged with shoplifting.

Scott Ritter was an Iraqi weapons inspector on the same UN team as David Kelly. He was a captain in the US Marines. He stated that there were no Iraqi weapons of mass destruction. On his return to the United States he was entrapped in a computer sex honey trap by an FBI agent, and this was admitted in court, that it was an FBI agent who entrapped him.

03:51 ONN: For those who don’t know, what does this term “honey trap” refer to?

CRAIG MURRAY: Honey trap is where you put, if you like, sexual bait in order to catch someone, to entice someone into a sexual act which they otherwise might not have committed had you not put the temptation right in their way. It’s a term frequently used in espionage and diplomatic circles because it’s a well-known technique of the security services. And Scott Ritter fell for this honey trap and he was actually convicted of pedophilia, because although the agent in concern was an adult female, she was using an Internet persona of an underage person. But — and Scott Ritter’s case is the only one where I think there may be any truth at all in the allegations, and in his case it wouldn’t have happened, the whole thing wouldn’t have happened had the FBI not set up the situation and gone out to get him.

And I should say these are all people I knew personally. Two of them are people I knew before they were accused. And it happens to everyone. And the same thing happened to me. I blew the whistle on British complicity in torture, MI6′s complicity with torture in Uzbekistan and on extraordinary rendition. I was immediately charged with sexual allegations, in effect with extorting sex from visa applicants. It took me, you know, 18 months of real hell, to be honest, to clear my name. Because, you know, I know once people throw those kind of allegations at you, it tarnishes your name forever. It’s very easy to destroy someone’s reputation by sexual allegations.

So, for me, the absolutely extraordinary thing is that, you know, after this has happened to James Yee, happened to me, happened to Scott Ritter, happened to Janis Karpinski, they pulled the same trick again and again, and now it’s pulling it with Julian Assange, and anybody taking seriously these accusations astonishes me, because the idea that people just can’t see what is happening in the world and the way that whistleblowers are being persecuted, to me it’s astonishing. And the fact that none of what I’ve just said to you will you find reported in the mainstream media, you know, ought to really, really alarm people about the kind of world we live in.

06:30 ONN: Yes, there does seem to be a rather consistent failure by the mainstream media to address these issues. I mean, in your opinion, are journalists doing their job right?

CRAIG MURRAY: No. I mean, it seems to me there is very little actual journalism in the what you might call the paid media. And part of that, of course, is that, you know, the media is owned by a very small number of people, and really people have to write what their bosses want them to write. It’s very, very difficult to get the truth into the media on any subject at all. On top of which also, of course, newspapers actually employ far less journalists than they used to. There used to be a time when individual newspapers in Fleet Street had 30 or 40 foreign correspondents per newspaper. There aren’t actually now 30 or 40 foreign correspondents between the whole of the British newspaper industry. So just the number of them has gone down, and mostly they spend their time, you know, cutting and pasting government press releases and putting out the story, the story which the people who own the papers want them to hear.

The same goes for broadcast media, which again has precisely the same restricted private ownership, unless it’s owned by the government. Though the government of course is owned by the same people who own the newspapers — it really doesn’t make a great deal of difference.

08:10 ONN: So what do you think about the actual allegations, the actual substance of the allegations made against Julian Assange? I mean, is there any evidence at all that you can see of – ?

CRAIG MURRAY: I mean, to some extent it almost doesn’t matter because, as I say, having been through it myself and having seen all the whistleblowers I know go through it, it was only a matter of time before they did it to Julian Assange. So the question of what they charged him with or what evidence they managed to fake is almost irrelevant.

I would say, I think, you know, choosing rape and sexual allegations is very clever. The CIA do know what they are doing. Firstly, because nothing tarnishes your name in that way. People might forgive you for being a bank robber, they might even eventually forgive you for being a murderer, if you said you did it in the heat of the moment, but nobody will ever forgive you for being a rapist or a pedophile. So the choice of allegation is very clever.

Also, it splits the left. If the Birmingham Six had been charged with rape, they would still be in jail today, because nobody would ever have been allowed in public campaigning to query the evidence against them, because unfortunately, because of the genuine problems with rape, genuine rape, going unpunished in society, the reaction to that has been that many perfectly decent people think the only way to correct that imbalance is by removing essentially all protection to people accused of rape. And that view is deeply held by genuine and decent people who are concerned about the position of women in society. But once you have a social acceptance that you ought not to be allowed in public discourse to challenge people making accusations of rape, that makes it the perfect tool for a security service to use, because everyone has agreed in advance that it’s the one crime that no one’s going in campaigning against miscarriage of justice to challenge the evidence or challenge the accusers.

And, as I say, you have so many people on the left whose primary political concern is feminism, who are being used as useful idiots by the CIA, who have been sidetracked into vitriolic attacks on Julian Assange, who are calling people like me rape apologists, just because the CIA has been very, very careful to choose the one accusation which they will always uphold, be it true or not. That’s the main problem with the allegations.

But, no, I mean, it is well worth studying the detail both of the allegations themselves and of the people making the allegations and of the procedures which have been adopted. Because even if you didn’t know all the background I’ve given you about how whistleblowers are always fitted up with these allegations, even if you didn’t know that, just from a careful close examination of the evidence in this case, which is widely available on the Internet, anybody would conclude this was a fit-up. I don’t see how anyone can seriously study the facts of the case and not think it’s a fit-up.

11:46 ONN: You mentioned the other day, you were giving an interview, and you mentioned one of Assange’s accusers by name, Anna Ardin, and this caused a big uproar. I’ve been doing some digging and I found out that she is in fact a Social Democrat politician. Do you feel that these are facts that need to be made widely available to public? Do you stand by the fact that you named Anna Ardin as one of his accusers?

CRAIG MURRAY: Absolutely. The most important single point in this is that Anna Ardin named herself. She has given a number of interviews to the media under her own name accusing Julian Assange, the first one of which I can find was in August of 2010. But I found at least 30 media interviews that she has given where she is reported as Anna Ardin making these accusations. Now the idea — and saying that she does not work for the CIA. It was interesting that she feels the need to say that. Most of us don’t go around denying we work for the CIA. And also saying that, you know, Assange is a misogynist and a rapist and goodness knows what else.

The idea that you should be able to make such accusations to the media – I don’t mean privately in court – that you should be able under your own name to make such media accusations and nobody should be allowed to reply to you and nobody should be allowed to use your name, even though you put it yourself in the newspapers, is sort of Kafkaesque. I actually cannot understand for the life of me why I ought not be allowed to use it when she openly puts it in the public domain herself.

And there are, you know, over 200,000 Google hits on her name, and she has been named in the mainstream media of every single major country I can find except for the UK She’s been named in the New York Times. She’s been named in the Times of India. She’s been named in Paris Match. She’s been named in La Republica. She’s been named in Der Spiegel. The UK is actually the only country where she has never been named by the mainstream media, which again is very strange.

But, no, she herself is a character with a very, very interesting history and very, very interesting ties, political ties, which don’t relate only to the Social Democrat Party in Sweden but that network of people in the police, the prosecution and Anna Ardin who are all connected, who are all working on this case together, who all have party links, is something which would itself make the case inadmissible in any decent jurisdiction. But she also has a history that relates to work with CIA-funded agencies in Miami and Cuba and Buenos Aries. So the more people study Anna Ardin, the better.

15:04 ONN: You’ll be referring, of course, to the Ladies in White, a feminist organization in Cuba based in Miami as well. Is that –

CRAIG MURRAY: That’s right. Look, she has an interesting and varied history of working in causes which, let’s say where there’s a mutual area of interest in South America with the CIA.

15:33 ONN: It’s also interesting now that it is Ecuador that has come out, that originally granted protection to Assange within the embassy and has now granted him full asylum. So if extradited to Sweden, what do you think would be the fate that would await Julian Assange there?

CRAIG MURRAY: Well, his fear is that he would very quickly be extradited on from Sweden to the United States, either extradited or rendered. And the Swedes actually now have a sort of legal rendition law for speedy temporary rendition to the United States, as it’s called. That’s what is worrying Julian Assange. Though I should say, I mean, my experience of the way they treat whistleblowers and my experience of what we have seen of the process in Sweden, I would say there must be just as big a fear that he will be unjustly convicted of rape, which I’m quite sure he hasn’t done. But if he arrives in Sweden, he will immediately be jailed. There’s no provision for bail. And the thing which most people don’t understand is that rape trials in Sweden are held entirely in secret, so nobody would ever see any of the evidence. The next thing we will hear is the verdict. My own view is the most likely scenario is that it’s been cooked up well in advance and that verdict will be guilty. And it’s very possible to do that because not only is the trial held in secret but there is no jury.

Now I’m not one of those people who believes that only the British system of law is okay. Many countries have different systems and often those systems work very well. But what you do have with the jury system is a situation where ordinary men and women do have that chance to stand up to the authorities and to say what they believe to be true. It may not be a chance that they take very often, but that possibility is there. Where you don’t have a jury, as in Sweden, the chances of the government if it wishes to seriously influencing the result are pretty firm.

18:15 I would look at the Jean Charles de Menezes inquest, for example, in the United Kingdom. In that case, the judge, who’s appointed by the government – and remember that it’s basically a government decision not just which judges get appointed but allocating judges to particular cases. In that case the judge, and sadly his name’s escaped me because he was a complete bloody disgrace, he gave a summing up which was totally tendentious and in which he said that the jury would not be allowed to return a verdict of unlawful killing, and he would only give them the choice of two verdicts, one of which was an open verdict, and the other one was that the killing had been lawful, but he wouldn’t let allow them to bring a verdict of unlawful killing, he would rule that verdict out of order, which again is a complete disgrace. He made absolutely plain that the verdict he wanted was that it was lawful. But it didn’t happen. The jury came back and said no, we’re going to bring back an open verdict. And they did, much to the annoyance of the judge.

19:37 The Clive Ponting case, when he leaked the fact that the Belgrano was actually sailing away from the Falkland Islands at the time it was destroyed with hundreds of people killed, he was charged with that under the Official Secrets Act. There was no doubt he was guilty. He was undoubtedly technically guilty. The judge said so, pretty well, in his summing up of that case. And the jury basically told the judge to get knotted and found him not guilty. So there’s always that possibility with a jury system.

Assange wouldn’t have a jury. He would be judged by a professional judge and two lay assessors. And the lay assessors are actually party political appointments, quite literally. One will be appointed by the Swedish Conservative Party and one by the Swedish Social Democratic party. The Swedish Conservative Party is very strongly aligned to George Bush and the neocons and the Social Democratic Party are precisely the people that Anna Ardin and the prosecutor and the police investigator and Anna Ardin’s lawyer all come from. So, there is every chance that this secret process would result in a complete stitch-up.

And I think although people have focused on the fear of him being extradited from Sweden to the United States, and I think that’s true and I think it’s legitimate, my personal view is an even bigger danger is of a secret trial where nobody ever gets to know what the evidence was and they announce to a complacent media that he’s been found guilty of rape at the end of it.

21:17 ONN: And then it’s a done deal and there can be no preventing it.

CRAIG MURRAY: Exactly. Then it’s a done deal and they shove him in jail for 10 years. Then when at the end of that period he comes out, he’s sent over to the United States and tried on terrorism charges, whatever, and by that stage, of course, he’s a convicted rapist as far as the media is concerned, and anyway 10 years have passed and nobody cares anymore.

21:40 ONN: That would be a terrible outcome. What would you think, do you think would be the result if William Hague carried out his threat to storm the Ecuadorean embassy at this point?

CRAIG MURRAY: Well, it’s an absolutely astonishing threat. I should say that I know for certain from colleagues, ex-colleagues within the Foreign Office, that in issuing that threat, William Hague was very closely pushed by the Americans. He was under a lot of pressure from the United States of America to get Assange to Sweden. Which again, you know, rather contradicts those who say he would be under no fear of extradition if he went to Sweden. Why are the Americans so keen to get him there? Why are they interested?

But it was an astonishing threat, because everyone in the world, except perhaps the heads of government in the United Kingdom and the United States, would view that as a grossly illegal act. It would be an absolute diplomatic outrage and it would be a, you know, a crime of aggression against Ecuador. The diplomatic repercussions would be astonishing for the United Kingdom. First of all, no British embassy would be safe around the world, because everyone would say, “Well, we can do the same as you, we can de-designate your embassy and move in and take it over.” And secondly, our relations with not just Latin America but most of the developing world at least would be very, very seriously set back.

And you must remember that we have enough problems in Latin America already. First of all we’ve got the crazy jingoistic, on both sides, dispute over the Falkland Islands. Then you’ve got the fact we would not extradite Pinochet when we’re so keen on extraditing Assange for offenses which even if they were true wouldn’t add up to a hundred thousandth of what Pinochet did. And then you have, of course, as I said earlier, the killing of Jean Charles de Menezes. The idea that the Metropolitan Police, having killed Jean Charles de Menezes, we would let them launch a physical attack on a Latin American embassy, is just astonishing.

So you know the repercussions would be enormous. And I think Hague has absolutely made a fool of himself because he’s made a threat which it would be totally disastrous were he to carry it out.

24:24 ONN: And what about the legality of such a thing? Using the 1987 Diplomatic Consular Premises Act is what Hague said, the legislation he said he’d use?

CRAIG MURRAY: Well, this is just utter nonsense because it can’t trump international law. You can’t have domestic legislation which is in conflict with international law, particularly an international treaty to which we are a party. We were actually I think the second signatory on the 1961 Vienna Convention, and it’s the single most subscribed to international treaty in the world. And interestingly enough, even the 1987 act in itself says that its provisions must be in accordance with international law, and it actually says that even in the 1987 act. Well it would be completely against international law for Hague to do what he’s planned to do. Article 22 of the Vienna Convention, Part 1, states absolutely baldly, without any qualification at all, that diplomatic premises are inviolable. Full stop. And they are. You know, you’re not allowed to enter anybody else’s diplomatic premises.

Even in the chaos of Afghanistan, Britain abandoned its embassy in Afghanistan, withdrew all its diplomats. I’m not sure of that. I don’t think we were chucked out. I think we left voluntarily. But at the time of the Soviet invasion of Afghanistan, Britain withdrew, and our embassy sat there empty for decades, through the Soviet occupation, through the Taliban rule in Afghanistan, and the embassy building was only opened up again – although eventually we moved to new premises, it’s not the building we’re in now – but the original embassy building was only opened up again after the invasion in 2001, 2002. But it had been, for 20 years, it had sat there empty, under the Soviets and under the Taliban, and neither the Soviets nor the Taliban had entered the British embassy. Even though there was nobody there except a resident Afghan caretaker, they accepted the inviolability of embassy premises and they didn’t enter it, not the Soviets nor the Taliban. Now William Hague is proposing we should act much, much worse than either the Soviets or the Taliban, and this to me is absolutely astonishing. It beggars belief.

27:18 ONN: Okay, just one more question before we wrap up here, which was, what do you think the actual chances of Julian Assange running the gauntlet, so to speak, and making it to Ecuador safely? Do you see a way that he can manage to leave Britain now and get there to South America in safety?

CRAIG MURRAY: Physically it’s going to be very difficult. The chances of getting to Ecuador from the embassy in the middle of London without the agreement of the British authorities are limited. You can, you know, we can all think of sort of physical escape scenarios, but they’re not easy. There’s going to have to be a diplomatic solution. My guess would be that it will take a long while in coming, I think six months from now. There’s not going to be much public awareness that anything has changed, although talks will have been going on behind the scenes.

The obvious solution is for the Swedes to agree that they won’t extradite him to the United States, but the Swedes absolutely refuse to do that, and the United States refuses to say that it won’t apply for extradition, because frankly there’s no doubt whatsoever that the United States has convened a grand jury to look at prosecuting Assange and Wikileaks and has every intention of extraditing him to the United States. So all of that is very, very difficult.

You can see a kind of Lockerbie solution. The alleged Lockerbie bomber, Mr. Megrahi, was tried in the Hague under Scottish law by Scottish judges because they didn’t want to send him to Scotland and they agreed to hold the trial on mutual premises, and the Dutch agreed that a court in the Hague could actually be in effect under Scottish law for the period of the trial. It’s not the happiest precedent, because I think the trial was itself a stitch-up and a miscarriage of justice, but it does set a precedent for somebody being tried by another state on somebody else’s territory, so there is a precedent in international law if people were looking for that.

Now, as I’ve said myself, my own view is that a condition of any trial should be that it should be public. I think this case is so high-profile that people are entitled to know what evidence has been given, are entitled to know what the defense is, and frankly the defense is so strong that it would make it very, very difficult to do a stitch-up conviction. So something along those lines.

I really do not know at this stage what the end game is. The hope of the British government is that the Ecuadorean government will change. There’s an election coming up in Ecuador in the not so distant future. The British and American governments are relying on President Correa’s opponents — and his opponents are of course backed by the CIA anyway – will manage to win that election and then cancel his diplomatic asylum and hand him over, and that’s the end game as far as the British and Americans are concerned. So my guess is that they will wait for the outcome of the Ecuadorean election. I don’t think they will make any compromise at all until after the Ecuadorean election, in the hope that the government of Ecuador changes and that they will get a, basically a US puppet administration in Ecuador which will just hand him over.

31:49 ONN: Well, thank you very much for speaking with us today, Mr. Murray. It’s been fascinating and very informative. And thank you to our viewers. Thank you for watching this ONN interview. I hope you’ve enjoyed it. Okay.

CRAIG MURRAY: Thank you.

* I have added in italics phrases on one particular point where I thought my meaning was obvious in context, but evidently from comments on another thread it was not.

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Straight Talk Interview 2

Here at last is a good working version of my Straight Talk Interview with Occupy News Network. It shows what I might have said on Newsnight had Gavin Esler and Joan Smith been concerned to hear what I had to say, rather than stop me from saying it.

With many thanks to Occupy News Network, and to Michael for overcoming the video problems.

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On Being Angry and Dangerous

I learn the interesting news that David Aaronovitch tweeted to Joan Smith and Jenny Jones that I am:

“an angry and dangerous man who could as easily be on the far right as the far left”.

I had no idea I was on the far left, though I suppose it is a matter of perspective, and from where Mr Aaronovitch stands I, and a great many others, look awfully far away to the left. I don’t believe you should bomb people for their own good, I don’t believe the people of Palestine should be crushed, I don’t believe the profit motive should dominate the NHS, I think utilities and railways were better in public ownership, I think education should be free. I guess that makes me Joseph Stalin.

But actually I am very flattered. Apparently I am not just angry – since the invasion of Iraq and the banker bailouts everybody should be angry – but “dangerous”. If I can be a danger to the interests represented by a Rupert Murdoch employee like Aaronovitch, I must have done something right in my life. I fear he sadly overrates me; but it does make me feel a little bit warmer, and hold my head that little bit higher.

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Glenn Greenwald

Glenn Greenwald has joined the Guardian from Salon. His first article is an absolute corker. I don’t think this means he has moved to London, (though I may be wrong) as it is part of the Guardian’s drive to get more online US readers. I expect it won’t be too long before Greenwald, like Seumas Milne, becomes the target of dreadful in-house backstabbing and Blairite attempts to oust him.

But wherever he writes, Greenwald is one of the few journalists really worth following.

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Doune The Rabbit Hole

From tomorrow I shall be at Duncarron Fort to help out (mostly behing the bar) at the Doune the Rabbit Hole Festival of which Jamie is Director. I may give a talk at some stage in the Spoken Word programme about Adam Werritty, Anna Ardin and other neo-con agents. Or I may just hang out, serve pints and drink beer.

As you can see, the location is miles from anywhere and has no internet, or mobile phone signals either – what bliss! – so you may not hear from me for a while. Do not worry, I am probably not in a jet in an orange jumpsuit, despite my proximity to Prestwick. I hope to find a way of doing a few posts anyway. If you can come to the festival, do come and say hello.

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Banned Names

Not only have the BBC hierarchy ruled Anna Ardin’s name must not be mentioned. Also Irmeli Krans’ name is banned from the airwaves. And no, she’s not an alleged “victim” in the Assange case.

I put in an official request to the BBC for an explanation as to why it was OK for the BBC to use Nafissatou Diallo’s name but not Anna Ardin’s, in identical circumstances. I have not got an answer yet, but my request did result in a mole within the BBC telling me reporters had been banned from mentioning Irmeli Krans.

Anybody might think they were hiding something.

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The Pathetic Vapourings of the Establishment

A number of mainstream media attacks on me today. Astonishingly, not a single one admits that Anna Ardin gave media interviews accusing Assange and put her own name in the public domain. Despite the fact I spent most of yesterday being interviewed by journalists and repeating that point over and over again.

Anna Ardin herself went to the media, under her own name, as long as two years ago to publicise her allegations against Assange. From the New York Times, 25 August 2010:

Anna Ardin, 31, has told the Swedish newspaper Aftonbladet that the complaints were “not orchestrated by the Pentagon” but prompted by “a man who has a twisted attitude toward women and a problem taking no for an answer.”

So Ardin went very very public herself. 190,000 internet articles – a great many from major mainstream media – and 10 million mentions on twitter and two years later, I use her name on Newsnight and am attacked for “revealing it”.

Fortunately the public recognise a fake campaign of indignation when they see one. Where the mainstream media have online comment threads, they are overwhelmingly supportive of me. Even in the Daily Mail! They have a voting system on their comments and the results are very interesting.

The Headline of that piece is “Former Ambassador Sparks Anger”. It would better have been “Former Ambassador Sparks Overwhelming Agreement from our Readers”.

The Telegraph makes a claim that I was censured by the Swedish Prosecutor’s office, out of a statement in which they did not mention me at all. They rather make the perfectly reasonable point that they would prefer people, in general, not to name victims of crime. The Telegraph failed to ask the Swedish prosecutor what they thought of Anna Ardin having already named herself all over the Swedish media. They also failed to ask them why the Swedish Prosecutor’s office themselves two years ago leaked the allegations against Julian Assange to the Swedish media, and thus the world.

You may be surprised to know that I regard the Telegraph in general as one of the few places real journalism can still be found. I am therefore genuinely disappointed and surprised that they do not mention the key fact that Anna Ardin revealed herself in statements to the Swedish media, a point which I explained to their journalist repeatedly yesterday afternoon. They also say that I “alleged” that the BBC repeatedly named Ms Diallo, the accuser in the DSK rape case, while the case was still ongoing, as though there could be any doubt about the truth of the matter.

A couple of pieces from the blogosphere. My favourite piece is this very considered one from James Kelly, which makes some very valuable points.

But the all-time prize goes to Carl Gardner, former junior government lawyer and now the go to right wing “legal expert” brought out by the BBC and the Guardian. In his blog “Head of Legal” (Gardner has never been head of anything), Gardner argues that what I said was not illegal, but that we need a new law to stop me saying it!

Yes! Absolutely! What this country lacks is enough laws to stop people bloody well saying things! I feel Mr Gardner is going with the zeitgeist here.

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Nafissatou Diallo and Anna Ardin – Why Opposite BBC Policies?

The BBC repeatedly named Nafissatou Diallo, the alleged rape victim of Dominique Strauss Kahn, while the criminal investigation into the alleged rape was still in progress. Yet they have a policy that Anna Ardin, the accuser of Julian Assange, must not be named – or investigated.

Why the contradiction?

Nafissatou Diallo and Anna Ardin had both gone public and given statements to the media in support of their allegations.

From the New York Times, 25 August 2010:

Anna Ardin, 31, has told the Swedish newspaper Aftonbladet that the complaints were “not orchestrated by the Pentagon” but prompted by “a man who has a twisted attitude toward women and a problem taking no for an answer.”

There was no legal barrier to my mentioniong Anna Ardin last night; the case is no longer sub judice in the UK and there is no expectation of any legal proceedings here. Those are precisely the grounds on which the BBC mentioned Diallo very often. I did not see Oliver Kamm, Charles Crawford, Harry Cole, Charles Murray or any of the other far right commenters trolling about my “disgrace” last night, make a single protest at the naming of Diallo on scores of occasions by the BBC. Why their sudden new-found concern in the case of Assange?

Why the difference? Why is Ardin protected from scrutiny in the entire British mainstream media when Diallo was not, in precisely the same legal circumstances? Has Ardin been D-noticed in the UK when she is reported widely everywhere else in the world?

Anybody who still believes that the Assange allegations are a genuine criminal proceeding following due process, should think very hard indeed.

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Naming Anna Ardin on Newsnight

Anna Ardin herself went to the media, under her own name, as long as two years ago to publicise her allegations against Assange. From the New York Times, 25 August 2010:

Anna Ardin, 31, has told the Swedish newspaper Aftonbladet that the complaints were “not orchestrated by the Pentagon” but prompted by “a man who has a twisted attitude toward women and a problem taking no for an answer.”

The furore that I “revealed” her name on Newsnight is a pathetic spasm of false indignation by establishment supporters.

A google search on “Anna Ardin” reveals 193,000 articles, virtually all relating to her sexual allegation against Julian Assange. The Australian Broadcasting Corporation last week broadcast nationwide a documentary investigating Ms Ardin’s allegations and not only naming her repeatedly, but showing several photographs of her and Assange together; it is a documentary everybody interested should watch. Literally thousands of newspapers and magazines all over the world have named her, including the New York Times and the Times of India, aside from those near 200,000 internet entries. The Twittersphere numbers are astronomical.

Gavin Esler, Joan Smith and I all knew her name – what special rights do we three enjoy that entitle us to know that, but would intend to debar the viewers from knowing that? I am willing to bet that virtually all those tweeting and pretending outrage that I named Ms Ardin, already themselves knew her name. They just somehow think nobody else should be allowed to. There is virtually nobody in Sweden – which is after all where she lives – who does not know her name. It is a cause celebre there.

If what I did was illegal, as is being claimed, then somebody had better come and arrest me. As however there are no legal proceedings on this issue in the UK and no prospect of a prosecution here, I know of no lawful reason I should not have named her. I suspect that the number of Newsnight viewers who heard the name for the first time is very small indeed. It might, of course, give some a tool to research further for themselves the facts of the case. That would be very useful indeed.

As for the interview, I was sorry that Aaronovitch was not there (as I had been told he would be) as I might have been more robust – I felt rather constrained arguing with Joan Smith as I generally like and respect her. Strangely enough, as I did the interview I was much less worried about it than I was on subsequently hearing it, because I did not realise the extent my microphone had been turned down compared to Gavin’s and Joan’s when they were speaking across me – which was most of the time I was speaking. It would be interesting if someone with the patience could tot up how many seconds I had speaking with nobody speaking over me, compared to Joan.

To sum up, I was insufficiently assertive and allowed myself to be shouted down, than which I really should know better. But I did succeed in getting over the fact, with examples, that whistleblowers are routinely fitted up with unrelated charges. And all the manufactured fury at my naming Anna Ardin might well lead people to research her claims and behaviour, which would be a good thing. So I am reasonably relaxed.

UPDATE

I have just found the transcript of the Australian Broadcasting Company’s documentary on the Ardin claims against Assange. This is genuine and painstaking investigative journalism from the flagship and long-established “Four corners” programme and shows a glaring contrast between the British and Australian Broadcasting Company approach. The BBC won’t even allow you to mention Ardin’s name, let alone question her story or her motives. The ABC does a full investigation and comes up with some extremely important facts.

It is also interesting that ABC interview Ardin’s own lawyer, as well as Assange’s, and neither shows any concern at the repeated use of Ardin’s name in the interview, of a piece with the fact that it has frequently appeared in the Swedish media.

The documentary is entitled “Sex, Lies and Julian Assange.” This extract starts about twenty minutes in. Click on the title for the full thing. Another interviewee, politician Rick Falkvinge, is obviously extremely conscious of what he may and may not say legally while extradition proceedings are in train, but again appears to have no problem with the interviewer using Anna Ardin’s name.

What is such a big issue for the BBC, and the politically correct media twitterers of London, is apparently not an issue for those in Sweden most closely connected to the case.

ANDREW FOWLER: At the heart of the matter is whether the Swedish judicial authorities will treat him fairly. Certainly, events so far provide a disturbing picture of Swedish justice. Using facts agreed between the defence and prosecution and other verified information, we have pieced together what happened during those crucial three weeks in August.

On August 11th, 2010, Assange arrived in Sweden to attend a conference organised by the Swedish Brotherhood – a branch of the Social Democratic Party. He was offered Anna Ardin’s apartment while she was away, but Ardin returned home a day early on Friday the 13th. She invited Assange to stay the night, and they had sex. She would later tell police Assange had violently pinned her down and ignored her requests to use a condom. Assange denies this.

The following day, Assange addressed the conference with Ardin at his side. Later that afternoon Ardin organised the Swedish equivalent of a top-notch barbeque – a Crayfish Party. She posted a Twitter message. “Julian wants to go to a crayfish party. Anyone have a couple of available seats tonight or tomorrow?”

The crayfish party was held that night in a court yard off her apartment. It went on until the early hours of the morning. Ardin tweeted at 2am: “Sitting outdoors at 02:00 and hardly freezing with the world’s coolest, smartest people! It’s amazing!”

A guest at the party would later tell Swedish Police the event was a very hearty evening. When he offered to put Assange up at his apartment, Ardin replied, “He can stay with me.”

In the past 24 hours, Ardin had worked closely with Assange, had sex with him, organised a crayfish party on his behalf – and, according to one witness, turned down alternate accommodation for him. It is during this same period that police will later investigate whether Assange coerced and sexually molested Anna Ardin.

PER E. SAMUELSON: Well, if you send text messages like that, “I’ve just spent some time with the coolest people in the world”, the night after you then say you were raped – I mean you shouldn’t write such text messages if you had been raped by that person the night before.

ANDREW FOWLER: Your client described Julian Assange as a “cool man”. I think, one of the “coolest men in the world” that she’d had in her bed.

CLAES BORGSTROM: I will argue in court. I have of course arguments concerning exactly what you’re talking about now, but I will not tell any media of how I am going to represent the women in in court. I’m sorry.

ANDREW FOWLER: But can you see how that looks as though…

CLAES BORGSTROM: Yes, of course I can.

ANDREW FOWLER: …it’s a fit up. It looks as though they are in fact setting him up.

CLAES BORGSTROM: I’m quite aware of that.

ANDREW FOWLER: Sunday August 15th – the next day. Assange attended a dinner party at Stockholm’s Glenfiddich restaurant, organised by pirate party founder Rick Falkvinge.

RICK FALKVINGE: I think a lot of people at the… at the table had meatballs. I think Julian might have been one of them. Now, Swedish meatballs that, that’s a little bit like mum’s apple pie in Sweden – as in, you can call my wife ugly, you can kick my dog, but the instant you say something bad about my mother’s meatballs I’m going to take it personal.

ANDREW FOWLER: Also at the dinner was Anna Ardin.

(to Rick Falkvinge) So, just to get this straight: Julian Assange arrived with Anna Ardin and he left with Anna Ardin.

RICK FALKVINGE: Yep.

ANDREW FOWLER: What was their behaviour like towards each other?

RICK FALKVINGE: Well, I was discussing mainly with Julian and the… again I can’t go into too much detail here, but it was at least a very professional dinner. There were two high level organisations, both intent on changing the world behaving professionally.

ANDREW FOWLER: The fact that Anna Ardin accompanied Julian Assange through this dinner and left with him – what does that say to you?

RICK FALKVINGE: Well that’s going into speculating on merits of extradition, and I can’t really do that. I think that be… you’re presenting an objective fact, as did I, and if people want to read something into that that’s obviously ripe for doing so, but I can’t spell it out.

ANDREW FOWLER: Four Corners has obtained a photograph, lodged with police investigators, from that evening. Anna Ardin is on the left. Afterwards, Assange would again spend the night at her apartment.

The following day, August the 16th, Assange had sex with Sophia Wilen at her apartment. According to police records, Ardin was aware that he had slept with Sophia. A witness told police he contacted Anna Ardin looking for Assange. She texted back: “He’s not here. He’s planned to have sex with the cashmere girl every evening, but not made it. Maybe he finally found time yesterday?” That same day, the witness asked Ardin, “Is it cool he’s living there? Do you want, like, for me to fix something else?” According to the witness she replied: “He doesn’t, like, sleep at nights so that’s a bit difficult. So he has a bit of difficulty taking care of his hygiene. But it’s ok if he lives with me, it’s no problem.”

Three days later on August 20th, Wilen, accompanied by Ardin went to the Klara police station in central Stockholm to seek advice about whether Assange could be forced to take an STD test. Ardin had gone along primarily to support Wilen. Sometime during Wilen’s questioning the police announced to Ardin and Wilen that Assange was to be arrested and questioned about possible rape and molestation. Wilen became so distraught she refused to give any more testimony and refused to sign what had been taken down.

JENNIFER ROBINSON: The circumstances leading up to the issue of the arrest warrant gave cause for grave concern for Julian about the procedures that were adopted in the investigation. We have to remember that when the announcement was put out that he would be subject to a warrant, one of the complainants was upset by that, and later said that she felt railroaded by the police.

KARIN ROSANDER, SWEDISH PROSECUTOR’S OFFICE: Well what happened is what was that the duty prosecutor got a phone call from the police and the duty prosecutor decided that he should be arrested.

ANDREW FOWLER: And what happened?

KARIN ROSANDER: He was arrested in his absence, but he… they never got in… got in contact with him so, but he was arrested in his absence. It’s a technical… technical thing in Sweden, Swedish law, yeah.

ANDREW FOWLER: The Prosecutor’s Office might not have contacted Assange but within hours they let the whole of Sweden know what was going on – leaking to the Expressen Tabloid the statements of Ardin and Wilen. The newspaper front page read: “Assange hunted for rape in Sweden”.

JENNIFER ROBINSON: Julian wakes up the following morning to read the newspapers to hear that he’s wanted for double rape and he’s absolutely shocked.

THOMAS MATTSSON: Two of our reporters had information about Julian Assange, and we also had a confirmation from the prosecutor which confirmed on record that there was a police investigation against Julian Assange.

ANDREW FOWLER: It was now the case took a strange twist. Within 24 hours, a more senior prosecutor dismissed the rape allegations, leaving only the lesser accusation of molestation. Assange willingly went to the police on August 30th and made a statement.

During the interview he expressed his fears that anything he said would end up in the tabloid newspaper Expressen. The interviewing police officer said: “I’m not going to leak anything.” The interview was leaked.

PER E. SAMUELSON: Why did you leak his name to a tabloid paper? How… how can you drop the case and reopen the case and how can you… how can you not say that he waited for five weeks in Sweden voluntarily to participate in the investigation? Why do you have to arrest him? Why do you have to keep him in handcuffs? Why can’t you conduct this in a proper manner? The rest of the world sees it, but Sweden unfortunately doesn’t.

ANDREW FOWLER: It is perhaps understandable that Assange had doubts he would receive fair treatment from the Swedish authorities. On September 15th, the prosecutor told Assange he was permitted to leave Sweden. Assange, back in England, would later offer to return within a month. The Swedish Authorities said too late – a second warrant had already been issued for his arrest.

ANDREW FOWLER: He says that he left the country and then was prepared to come back at any time. Is that your understanding?

CLAES BORGSTROM: I don’t believe that.

ANDREW FOWLER: He says that he was prepared to come back in October but the prosecutor wanted him back earlier.

CLAES BORGSTROM: I don’t know. I don’t believe he wanted to he was he wanted to come freely back to Sweden. I don’t think so.

ANDREW FOWLER: Can you understand that the Australian people may not understand how somebody can be accused in their absence when they haven’t even been interviewed, then have that rape case dropped, the arrest warrant removed and then have it re-instituted, all in the space of a few days?

KARIN ROSANDER: Yeah I can very well understand the confusion and, and, I… that is very difficult to understand, well, exactly how it works.

ANDREW FOWLER: Well you call it confusing, it’s… it may be slightly more than that.

KARIN ROSANDER: Well that’s the way it works here in Sweden so, well… but I can understand the confusion, definitely

.

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Rusbridger’s Lies are Sacred and Neo-Con Comment is Free

Today’s Guardian editorial quotes directly from my speech at the Ecuadorean Embassy, in a sneering way:

their remarks concerned western Europe’s “neocon juntas”

The Guardian editorial makes the direct claim that I, and the other speakers, omitted all mention of the sexual allegations against Julian Assange in Sweden. That is a direct lie by the Guardian. In fact over half my speech – 23 sentences to be precise – were dedicated to the allegations against Assange and putting them in the context of the irrefutable evidence of the serial use of such allegations against various whistleblowers, including myself, in order to damage their reputation and brand them as criminals unconnected to whistleblowing.

Despite quoting my speech in its editorial, and mentioning it three times in its liveblog of the rally, the Guardian at no stage made any attempt to indicate the gist of what I actually said. Even the New York Times, without giving any of my explanation, at least got the point when it reported that:

a former British diplomat, Craig Murray, asserted that Mr. Assange had been “fitted up with criminal offenses” as a pretext

Of course the Guardian did not overlook what the NYT picked up. You could not overlook all 23 sentences of it. But simply the Guardian wished to run an editorial arguing that the Swedish allegations had been completely ignored. The facts did not suit Rusbridger’s comment. So Rusbridger’s comment remained free and lies were sacred.

The Guardian’s shrill and vitriolic campaign against Assange is extraordinary in its ferocity, persistence and pointless repetition.. The sad truth is that its origins lie in the frustration of the Guardian’s hopes to make a great deal of cash from involvement in Assange’s putative memoirs. That such a once great paper should fall sway to such a mean-minded little neo-con lickspittle as Rusbridger and his Blair supporting coterie is a great tragedy.

This is what, contrary to Rusbridger’s lies, I actually said:

Anybody with time and patience might like to keep posting links to it under the Guardian editorial once they open comments on it tomorrow morning.

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Ecuadorean Embassy Speech

I spent today inside the Ecuadorian Embassy with Julian Assange, who I am happy to say is both physically and mentally on very good form. I was sitting in the room behind him in a very comfortable leather armchair whilst he made his balcony speech, and I must say I thought the text of it was excellent.

I spoke immediately before Julian, from outside the Embassy. This was my own effort, which I hope provided some valuable context to the persecution of Assange.

I could not help but be struck by the ridiculously excessive police presence – hundreds and hundreds of policemen everywhere. I don’t think that the concept of freedom of information can be killed off by the extreme intimidation of a single man, but by Heavens, Hague and Cameron are going to try.

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America’s Vassal Acts Decisively and Illegally

UPDATE

100,000 HITS IN 100 MINUTES CRASHED THE SITE. WE DON’T KNOW YET IF GENUINE INTEREST OR DENIAL OF SERVICE ATTACK. OUR BRILLIANT WEBHOSTS HAVE QUADRUPLED THE RESOURCE, BUT IF YOU CAN HELP TAKE THE STRAIN BY REPOSTING I WOULD BE VERY GRATEFUL.

I returned to the UK today to be astonished by private confirmation from within the FCO that the UK government has indeed decided – after immense pressure from the Obama administration – to enter the Ecuadorean Embassy and seize Julian Assange.

This will be, beyond any argument, a blatant breach of the Vienna Convention of 1961, to which the UK is one of the original parties and which encodes the centuries – arguably millennia – of practice which have enabled diplomatic relations to function. The Vienna Convention is the most subscribed single international treaty in the world.

The provisions of the Vienna Convention on the status of diplomatic premises are expressed in deliberately absolute terms. There is no modification or qualification elsewhere in the treaty.

Article 22

1.The premises of the mission shall be inviolable. The agents of the receiving State may not enter
them, except with the consent of the head of the mission.
2.The receiving State is under a special duty to take all appropriate steps to protect the premises
of the mission against any intrusion or damage and to prevent any disturbance of the peace of the
mission or impairment of its dignity.
3.The premises of the mission, their furnishings and other property thereon and the means of
transport of the mission shall be immune from search, requisition, attachment or execution.

Not even the Chinese government tried to enter the US Embassy to arrest the Chinese dissident Chen Guangchen. Even during the decades of the Cold War, defectors or dissidents were never seized from each other’s embassies. Murder in Samarkand relates in detail my attempts in the British Embassy to help Uzbek dissidents. This terrible breach of international law will result in British Embassies being subject to raids and harassment worldwide.

The government’s calculation is that, unlike Ecuador, Britain is a strong enough power to deter such intrusions. This is yet another symptom of the “might is right” principle in international relations, in the era of the neo-conservative abandonment of the idea of the rule of international law.

The British Government bases its argument on domestic British legislation. But the domestic legislation of a country cannot counter its obligations in international law, unless it chooses to withdraw from them. If the government does not wish to follow the obligations imposed on it by the Vienna Convention, it has the right to resile from it – which would leave British diplomats with no protection worldwide.

I hope to have more information soon on the threats used by the US administration. William Hague had been supporting the move against the concerted advice of his own officials; Ken Clarke has been opposing the move against the advice of his. I gather the decision to act has been taken in Number 10.

There appears to have been no input of any kind from the Liberal Democrats. That opens a wider question – there appears to be no “liberal” impact now in any question of coalition policy. It is amazing how government salaries and privileges and ministerial limousines are worth far more than any belief to these people. I cannot now conceive how I was a member of that party for over thirty years, deluded into a genuine belief that they had principles.

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Circuses, but Less Bread

The London Olympics are already achieving the number one aim of the politicians who brought them here, which is making our politicians feel very important indeed.

The media is quite frenetic in its efforts to make us all believe we should be terrifically proud of the fact we are hosting the Olympics, as though there were something unique in this achievement. If we can’t competently do something that Greece, Spain and China have done in recent years, that would be remarkable. Of course the Games will be on the whole well delivered, sufficient for the media and politicians to declare it an ecstatic success. Some of the sporting moments will be sublime, as ever.

But did it have to be in London? We won’t know the total cost of the Games for months, but it will cost the taxpayer at least £9 billion and I suspect a lot more. I also suspect the GDP figures will, in the event, show that the massive net fall in visitor numbers has hurt the already shrinking economy further.

But to take the most optimistic figure, holding the Olympics in London has cost every person in the country an average of £150 per head in extra taxes. That is £600 for a family of four. Actually it is in the end going to be well over £2,000, as of course the money has been borrowed on the never never, and taxpayers are going to be paying it off their whole lives, along with the sum ten times higher they are already paying direct into the pockets of the bankers through their taxes.

The very rich, of course, don’t pay much tax, so they are not worried.

But to take just the figure of £600 extra taxes for a family of four, the lowest possible amount, and not including the interest. Is having the Olympics here really worth paying out £600 for? If Tony Blair had approached the head of the family and said “We are going to have the Olympics in London, but it’s going to cost you £600, would the answer have been from most ordinary people: “Yes, great idea, this is that important to us”?

People are not disconcerted because they don’t see that they have to pay. There is no special Olympics tax, and they pay their taxes in a variety of ways, and individuals are not the sole source of taxation. But this is nonetheless real money taken from the people in pursuit of the hubris of politicians.

I love sport. I hate the corruption of the International Olympic Committee, Fifa and the rest; I hate the vicious corporatism and militarisation of our capital and absurd elitism of the transport lanes; the sport itself I love. But with the economy contracting, and the NHS being farmed out for profit, is it really worth £600 for a family – and many families are really struggling in a heartbreaking way – is it worth the money to have the Olympics here rather than in Paris?

Of course it isn’t. I think many of us will feel an extra pleasure watching the Opening ceremony because it is British. Patriotic pride will surge. It is not wrong to enjoy the spectacle tonight on TV. The corporate well connected and ruling classes will enjoy it in the stadium.

But after you have watched it on TV, ask yourself this question. How much more did you enjoy it than enjoy watching the Beijing ceremony, and was that margin of extra enjoyment something that everybody in the room would have paid out £150 for?

Because they just did.

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Torture in the 21st Century

On Monday 30 July at 11am on Radio 4 there will be a BBC radio programme entitled “Torture in the 21st Century”, presented by John Sweeney. I was interviewed extensively for it, though I don’t know how much of my interview will feature. I shall be in Ghana then and iPlayer does not work abroad, so if anybody has the technical ability to make a sound file and send it to me, I should be grateful.

Britain has still not admitted, let alone sought to redress, its complicity in post 9/11 torture networks, and indeed its continued receipt on a regular basis of intelligence from torture from the security services of, for example, Bahrain. The worrying thing about the disingenuous vapourings of John Sawers, head of MI6, is that he still maintains that torture gets you the truth. It does not. It gets you whatever the Bahraini, Uzbek, US, or whatever government wishes to hear, which is a very different thing.

The Gibson Inquiry into complicity in torture was unceremoniously halted, a total fail like every other stated aim of the coalition government. It has presented an interim report to ministers who have spent two weeks considering the “security risk” of publishing it. This is nonsense as the interim report is purely procedural. It contains recommendations for how a resumed inquiry (ha ha) should conduct its business. Gibson’s interim report contains no reference to any evidence on any cases of torture or on the policy of complicity in torture.

In fact ministers are really stalling publication because they are hoping simply to let the entire notion of an inquiry die away.

This is the response I got from the Gibson Inquiry secretariat on the fate of my own evidence in relation to the interim report:

There was no specific reference to evidence from individual witnesses as we were in the pre-evidence gathering phase prior to being wound up and your evidence was provided to the police in relation to their investigation into the Libyan cases. The Panel has seen your evidence and will ensure that this is included in the handover materials that are to be stored and provided to the next Inquiry as and when it is established.

I am convinced there is no chance I will ever get to testify either in court or to a judicial inquiry. The powers that be in this country have great finesse. They don’t have to do anything too messy to inconvenient witnesses, they just freeze them out.

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Plus Ça Change

I am currently reading David Brown’s Palmerston; A Biography.

In 1846 Palmerston had threatened the government of Spain with military intervention if it defaulted on its bond interest payments. Palmerston faced a Chartist candidate, George Harney, at the general election in his Tiverton constituency. At the hustings debate, Harney said Palmerston’s threat to Spain was unjustifiable:

“These Spanish bondholders are English capitalists, who lent some millions of money to the government of Spain, not, as has been represented, because they were anxious to help the people of that country to obtain “Liberal institutions”, but because they were promised a higher rate of interest than they could get at home. That money had been derived from the labour of the English people.”

Harney argued that Palmerston’s foreign policy was simply to deploy the resources of the state to defend the interests of the rich.

The Tiverton crowd greeted this assertion with “immense cheering” and Harney had a clear majority at the show of hands at the hustings, which was attended by most of the adult population of Tiverton. He withdrew from the actual ballot, however, in protest at the extremely limited franchise – only about 600 people in the constituency had the vote.

George Harney, forgotten hero. We could do with him today.

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Obama Worse Than Bush (again)

Just when you thought our rulers could not get worse. Obama, taking time out from targeting teenagers for aerial assassination by drone, has surpassed the Bush regime by clamping new and extreme limitations on the right of prisoners in Guantanamo Bay to meet the attorneys who are defending them in court. Sometimes you have to pinch yourself to believe this stuff is true as you type it.

At least one attorney has been told he will have no access to his client unless he signs a “voluntary agreement” which accepts that any meetings with his client are entirely at the discretion of the US authorities and not a right.

In another “technical” adjustment, the Obama administration has altered flight rules to allow unpiloted drones to fly over the United States, in places where previously only piloted planes were allowed. There has been no official reason given for the change in regulations, but it opens the way for unlimited aerial surveillance of US citizens, and the eventual sci-fi scenario of citizens being zapped from the air without warning if Obama does not approve of them, just as has happened to hundreds of people in Pakistan, Yemen and elsewhere. That may found far fetched – but so does anti-aircraft batteries on the roofs of London apartment blocks and 17,000 army personnel patrolling the streets of London. Civil liberties have disappeared so fast in the past decade there is no telling where it will end.

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