subject: Does the USA have jurisdiction over Julian Assange? [print this page] Does the USA have jurisdiction over Julian Assange?
Julian Assange has shot to prominence as the founder of the controvertial webstie Wikileaks which has realeased documents that are extremely embarassing to a number of governments around the world. In the United States, there have been a number of calls from various members of the public in the USA for the assination of Mr Assange, his imprisonment and even his execution. However, any sanctions which are brought against Mr Assange will need to be conducted within the legal system of the United States and there are some serious questions about whether the United States can exercise jurisdiction over a man who is not a US citizen. However, legal experts have argued that the United States would easily be able to exercise jurisdiction under the various pieces of US Code which allow it to prosecute those involved in financial transactions conducted through computer systems in the USA and even where emails or electronic data passes through the USA. In the case of electronic data, it is certain that Assange and his organisation will be connected with electronic transmissions passing through the USA, so jurisdiction should not be a problem as far as a US Court is concerned.
In terms of identifying the crimes that Assange could be charged with, the US Criminal Code defines the United States as including all places and waters, continental or insular, subject to the jurisdiction of the United States, except the Canal Zone. There are a number of things which Assange could potentially be charged with. These include seditious conspiracy under Title 18 Part 1 Chapter 115 of the US Code atS.2384 which states:
'If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to [...] to oppose by force the authority, [...]or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.'
Another charge which could potentially be laid that of engaging in monetary transactions in property derived from specified unlawful activity. In these terms, the United States might be able to begin a case against Assange and lawfully arrest him.
