2010-12-28 Open Letter to Inciters

OPEN LETTER

TO:

THOSE INCITING MURDER UPON JULIAN ASSANGE AND/OR MEMBERS OF HIS FAMILY.

We, among many law abiding citizens of the world deplore and condemn, as applicable, your utterances and writings calling for the extra judicial ie unlawful: kidnapping/assassination/murder/physical harm of Julian Assange, his supporters, Wikileaks workers or members of Assange's family.

We remind you of the laws in your country and others against incitement, inter alia:

Common law:

In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....The inciter must intend the others to engage in the behaviour constituting the offence, including any consequences which may result, and must know or believe (or possibly suspect) that those others will have the relevant mens rea."

Codified Incitement Law:
(1) Australian Commonwealth
11.4 Incitement
(1) A person who urges the commission of an offence is guilty of the offence of incitement.
(2) For the person to be guilty, the person must intend that the offence incited be committed.

(2) Canada
464. Except where otherwise expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,(a) every one who counsels another person to commit an indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and

(3) United Kingdom
(1)A person commits an offence if—
(a)he does an act capable of encouraging or assisting the commission of an offence; and
(b)he intends to encourage or assist its commission.

(4)USA
There is no automatic 1st Amendment protection per
Brandenburg v. Ohio, 395 U.S. 444 (1969):
Freedoms of speech and press do not permit a State to forbid advocacy of the use of force or of law violation except where such advocacy is directed to inciting or producing imminent lawless action and is likely to incite or produce such action

We remind you that while such prima facie incitement by way of utterances and writings may go unpunished in your country, they will not necessarily go unpunished in others, and especially so should you have the courage of your convictions to repeat them in those other jurisdictions.

We ask you respectfully, to contemplate this writing of Mahatma Gandhi:

An error does not become truth by reason of multiplied propagation, nor does truth become error because nobody sees it. Truth stands, even if there be no public support. It is self sustained.

And that truth is that Julian Assange is no terrorist; he is not a war defined "belligerent" acting against the United States; he cannot ever be a "traitor"to the USA since by definition he is not a citizen of the United States.

And lastly as Ron Paul put it so well:
In a society where truth becomes treason, however, we are in big trouble. The truth is that our foreign spying, meddling and outright military intervention in the post-World War 2 era has made us less secure, not more, and we have lost countless lives and spent trillions of dollars for our trouble. Too often it’s the official government lies that have given us endless and illegal wars resulting in hundreds of thousands of deaths and casualties.

Yours Faithfully
Peter H Kemp
The Wikileaks Central Crew
And I believe, so many others all over the world.

Nice reminder, but ...

... they already know the law.

So, what we are left is a question: When is a police department in the United States going to lay charges on those Americans who have committed the offences outlined above?

The President is not pursuing Mr. Assange as a terrorist, so where's the harm? In fact, there's no evidence to suggest he has violated any laws in relation to the United States.

In Canada, Vancouver Police and Calgary Police opened investigations into nationally broadcast statements by one of the current Prime Minister's former aides. Why hasn't this occurred south of the border?

Is there a criminal prosecutor anywhere in the USA who will ask police to lay charges on those who have incited others to commit violent crimes on national television?

Anyone?

Hello?

Quando há riscos à liberdade de imprensa!

Qualquer indivíduo ou instituição que partilhe à idéia de que a verdade deva ser mantida em segredo é porque além dessa ser suja, estes também fazem parte dela! Quanto vale? Uma constituição de um país, quando aqueles que deveriam defende-la, são os primeiros à infringir a lei.

All right, we let

All right, we let ihateassange wish death upon Assange, he was responded to by ****US with his feces fetish, and is now attacked by OpenYourMind screaming "DIE BASTARD!!DIE! AND BURN IN HELL TO BOOT!!" among other things, and that, my friends, is enough of that. We do not enjoy censoring non-spam comments, but the point of this post was to point out that death threats were illegal. Hate speech is also illegal in many jurisdictions, and we will not be responsible for hosting it on our site. All of you had opinions that could have been expressed calmly, without profanity or anal fixations, and without hate or death threats. I invite you all to come back in the morning and try to restate your cases politely, intelligently, and with regard to the law. Some of the previous posts have been deleted. More may follow. If you care about the points you have to make, state them politely.

@carwin biloquist Well played, thank you.

Keep up the good work!

Thank you Wikileaks for letting us know the true face of… the Iraq war, the afghan war, the politicians, the corporations.
By the way, which has resulted in the greatest number of deaths: lying USA into war, or Wikileaks revelations or the release of the Pentagon Papers?
The ones who are afraid of the truth are the real cowards. Lying is not patriotic.
Keep up the good work Wikileaks!

Whimpyleaks coward and murderer: I hope he'll get EXECUTED

In the USA, while it's illegal to threaten murder, there's nothing wrong with wishing the spy who's causing deaths of US citizens and affiliates and working on behalf of foreign governments against the US, which as at war right now, (I am sure he had received hefty sums already, from terrorists alone) be EXECUTED, by the US government, or another friendly government. This person is a terrorist who's now trying to blackmail various people. I'm sorry if you can't see the obvious, buying his bullsh*t about "freedom of information": something only a 4-year old can be expected to buy. The only people who support him are haters of US of A. I can see why Eurotrash who was denied US residency acts like that, but US citizens? Come on.

If country X is at war with country Y (or with military/terrorist organizations that aren't tied to any particular country) and secret/classified military info is released into the public (therefore made available to the enemy), this is nothing but espionage (and treason, if committed by US citizen). Luckily for Ass-ange, he's not an American--which makes him a foreign spy. And you know what can happen to a foreign spy in the USA? Don't forget it.

I actually wish any "Americans" who support him to lose their US citizenship, because they're traitors.

This WIMPY FAME AND MONEY-HUNGRY COWARD Assange, who betrayed people who worked for the US to possible death (while hiding behind computer screens), should experience first hand what they people and their families are most likely experiencing now. But oh noes.. he's going to fight hiding behind his lawyers' backs about unfairness of "leaking" his police reports to the public, this worthless coward.

USA should teach a lesson to everyone who messes with it; it is getting too soft under the pressure of people who wish one thing: it's destruction, or at best, those poor misguided citizens from the extreme leftist camp who don't realize the danger and consequences of harm they're trying to inflict on their own country.

in reply to those anti WL

As I see that you are an American patriot. Here is my reply

First of all

I sh*t on your nation. I sh*t on your flag. I sh*t on your children, on your constitution. I sh*t on your bill of rights. I sh*t on the mere existence of your nation. I sh*t on your traditions, I sh*t on your accent, I sh*t on your expectations, wishes, dreams and wannabes, I sh*t on your filthy towns, I sh*t on your wooden shabby houses, I sh*t on your lack of history, I sh*t on the ignorance of your population, I sh*t on your life style, I sh*t on the cups where you hold your coke and the bins where you spit your tobacco, I sh*t at the ridiculously low education level, I sh*t your Pentagon as a terrorist organization. I sh*t on your corrupt institutions and particularly I sh*t on your Homo Erectus at the White House.

Now, to the matter:

Your country has committed nothing but genocides since the World War II, the children of Cambodia, Vietnam are still born with malformations due to the chemicals your coward murderers spread on the villages from their airplanes. The Children of Cambodia still step on the landmines your country carelessly abandoned there, when they left the country. The US Administration is a terrorist organization, they have raided, bombed, instigated revolutions, funded subversion and coups in more than 50 countries since 1945, they have assassinated presidents such as Democratically elected president Allende in Chile because he was defending Chile's national resources and placed one of the worst genocidians in History, Pinochet AND maintained him for more than 40 years. The US did not have an issue with his dictatorship and death squads so long he kept pro US economic policies. Your country assassinated president Torrijos from Panama, president Roldós from Ecuador because they would not accept bribes in order to sell their oil cheaper for the US

Your country conspired to bribe one of the worst traitors in history Gorbachev who betrayed his mother Soviet Union causing infinite horror and misery to its population when the IMF took over to enforce "their" own economic policies, driving people to starvation, despair and suicide. Your country conspired in Ukraine financing the Orange Revolution, buying off Timoshenko, extortionating the Supreme Court in 2004 to overturn the results of the elections which had given Victory to Yanukovich, your country conspired and financed the wars in Georgia against Russia, your country conspired and funded street activism in Venezuela and forced a failed coup in 2002, your country conspired in Ukraine again in 2010 to place pro NATO Timoshenko again and tried to bribe the Supreme Court in Kiev. Your country has murdered hundreds of thousands of innocent people in the Middle East in order to satisfy the Arms business sector which ultimately dictates the US policy.

The US IS NOT A DEMOCRACY. THE US IS A CORPORATE MILITARY PLUTOCRACY. The role of a president is only to entertain the masses, giving them the illusion that they can see what goes on, while only 39% of your population regularly votes, and 90% of them vote out of emotions or sympathies without any profound knowledge or understanding of the real workings of the Establishment.

For all this, we, the world, despite, and spit on your country and have the deepest disdain for your existence.

There are however, some, few good people unfortunately living in the US, they are intelligent, well behaved people who support transparency and freedom in the way Wikileaks has taught the world, but they regret living in the US.

So, while the US had a 25% share on world exports in 1980, today it does not reach 9% and it is going down. You are going to have to face it. Your country is finished. It is ruined because while to date it has lived off imported brains and PhD from Russia and China working at your Universities, none of these countries will let any of their highly skilled PhD sell themselves to the US and because of your extremely laughable low level of education, being unable to import foreign thinking force your country is finished. China and Russia are becoming first world powers Latin America is becoming Marxist from the Caribean to the Patagonia. No US squad will assassinate their presidents anymore. Face it. The US is finished.

DEAR FUCK_US

I REALLY LIKED YOUR COMMENT.... AND THE ""US OF ARSE"" GOVT OFFICIALS ARE IN DENAIL. THEY ARE THUGS!!

WAKE UP AMERICAN PEOPLE!!

FACT: WE ARE NOT LOVED OUT THERE AND ITS THE FAULT OF OUR CORRUPT POWER MADD AND POWER HUNGRY TWISTED GOVT OFFICIALS!!

REMEMBER:THEIR MOTO:: D.D.I...MEANING...DICTATE,..DOMINATE....AND ...IMTIMIDATE!!

Dearest Mr. or Ms. "FUCK_US"

Dearest Mr. or Ms. "FUCK_US",

On behalf of my countrymen, I thank you for your warm and kind regards. Alas, my favorite television show airs shortly, and so, my comments will be brief.

A person of your type, surely, emblazons a torch so that the many can see the road to happy destiny. Since I am on the shit end of the geopolitical stick, I can only wish you and yours fortune and virtue (although from the tone and content of your comments, you are overwhelmed with both).

Yours most truly,

CB

We do not hate the US. We hate human rights violations.

I just want to reply with the heartfelt statement that I don't hate the United States or its citizens. And I am certain that I speak for all the editors here at WLcentral.org when I say that in every population, there is good and there is bad. Moreover, this is *not* a cult following. We do our best to hear both sides of every argument.

Failure to do this only advances censorship, which is inherently wrong because it halts intellectual and social progress.

Finally, it would seem that claiming to hate an "entire nation" is, by definition, devoid of meaning. What would that even entail? Rhetorical question.

Peace,

KE

Money hungry?

Julian Assange has legal bills beyond what some people earn in their entire life. What you mean money hungry? If he would use his computer knowledge to get a normal job, he would earn instead of actually getting in a huge debt.

People got no clue what original hackers stand for. It has nothing to do with money.

A coward hides documents from public while killing others for personal gain. Read the wikileaks to find the actual cowards!

Definition of 'spy': Watch, observe, or inquire secretly.

Since Wikileaks goes thru great effort in hiding the personal data before the rest is released AND is very public about this.. the definition of spy does not apply.

The leaks contain information about usa asking for dna material and passwords. that is spying.

Assertion is not proof.

To Mr "IHA", hiding nameless behind his computer.

...the spy who's causing deaths of US citizens and affiliates and working on behalf of foreign governments against the US, which as at war right now

Re the assertion of causing deaths, you have not provided any proof whatsoever. If there were deaths, the US administration would be pointing it out. Assertion of working for foreign governments, likewise.

"Terrorist...blackmail" If so, then Daniel Ellsberg was a terrorist. Tendenitious repetition of Faux News propaganda does not make it true.

The only people who support him are haters of US of A...I actually wish any "Americans" who support him to lose their US citizenship, because they're traitors.

Millions of US citizens and notably Congressman Ron Paul included, presumably. A lecture from you on democracy would not inspire confidence as it would likely descend into a further diatribe of false patriotism.

Where have we heard all this in another form before? "Either you are with us, or you are with the terrorists." No prizes for guessing who said that.

Benito Mussolini also said it: "O con noi o contro di noi"--You're either with us or against us.

All false dichotomies or logical fallacies where explicitly, there are only two alternatives presented.

I am sure he had received hefty sums already, from terrorists alone

Seen the invoices have you? Ridiculous assertion given the evidence from the Wau Foundation.

secret/classified military info is released into the public (therefore made available to the enemy), this is nothing but espionage (and treason, if committed by US citizen)

The US Supreme Court's New York Times Co. v. United States, 403 U.S. 713 (1971)case does not agree with you on espionage unless you or the administration can prove in any future court case, that any Wikileaks publication would cause a “grave and irreparable” danger. Wikileaks has not released top secret information, as Ellsberg did. To be consistent you should be calling the main stream media such as the New York Times (publishing the same material) traitors as well.

The consensus today appears to be that Ellsberg was a hero, not a traitor.

Assange...should experience first hand what they people and their families are most likely experiencing now

Like innocent men and children being shot up with 30mm cannon shells from an Apache helicopter?

USA should teach a lesson to everyone who messes with it

When are you and your ilk ever going to understand that when it comes to world security the USA needs cooperative international partners with input, not client states with despotic two faced governments funding US enemies on the side with US aid I might add.

The lesson you are trying to teach, (or more likely taking some Bushite vicarious utility in), is one of autocratic bullying and bluster, (Mission still accomplished is it?) and look how how far that has got you, effectively bankrupted the US economy with George Bush 2 and his Iraq war/Global War on terrorism plus Obama's continuation of the Afghan war.

By the way, fyi you can't make war on the abstract noun "terrorism".

Churchill's saying is rather ironic, but I don't think anyone could ever validly accuse him of anti Americanism:

You can always count on Americans to do the right thing - after they've tried everything else.

So, Mr "IHA" you must be part of the brigade trying "everything else" while millions of your fellow citizens have woken up or are waking up to certain realities.

Update:(Unfortunately for Mr "IHA" though, "Reality has a well known liberal bias.")

Fifteen years ago, I might

Fifteen years ago, I might have agreed with you. Ya know, when the US of A was bombing Serbia. However, things have changed. The United States and its people's government have been subverted by corporate interests. Large parts of the military have been outsourced, over 2 million "private" contractors have top-secret clearance and both of the wars are insuring future "Americans" will live in third-world conditions.

For most, this isn't about hurting the United States or threatening its interests; it is about stopping two wars that are costing real lives, both US and Foreign. (not to mention the ridiculous amount of money being spent) Speaking about the hypothetical harm that Julian Assange has done is just plain inane. Take a look around this site, you'll find countless facts showing no lives have been harmed by releasing any of the material.

But, I know you won't, your kind never do.

You call yourself patriotic, and all who disagree traitors. Real patriots who love their country stand up for what is right. Real patriots defend their country from both foreign and DOMESTIC threats. Real patriots see how corporate interests lied the US into a war with Iraq and keep us in Afghanistan. You are not a real patriot; you're nothing more than a flag waving monkey.

However, there is something, which you hinted to in which I agree. All "Americans" should be embarrassed that it took an Australian to point out just how far the United States has drifted from its founding.

punishing the wrong people

i could not have said it better. They now want to shoot the messenger, just like any whistle blower. we need people like els berg, assaunge, all wistleblowers.. they need to be listened to and the people who have done the bad, need to be punished. nothing happened to those bankers, we just gave them billions, with not a thread attached so what will happen, they will do it again. those general, all they know is war and shoot to kill, they are not humans, they are animals or anyone could be a suicide bomber, SHOOT SHOOT SHOOT WHAT ARE YOU WAITING FOR. THE INSURANCE COMPANIES. AND HOW MUCH MORE DON'T WE KNOW. I TRULY HOPE WIKILEAKS LEAKS THOSE BANK PAPERS--WE DESERVE TO KNOW WHO DID AND SAID WHAT . WILL THEY BE PUNISHED?

One who wants to win a simple

One who wants to win a simple card game, in fact any game with more than one player, must follow a strategy that takes into consideration the strategies of the other players.

Power is the capacity to produce an intended effect.

What is the intended effect of our nation and its foreign policy in your mind? and, if applicable, towards our national interest?

We live in a transparent world, where thousands of pages of documents, could be and were (easily and) allegedly absconded by a low level intelligence analyst. How do you best see us protecting our interests in an anarchical world while upholding our social contract?

As for hiding behind a computer.

I can understand your need to hide Mr. or Ms. "ihateassange": self-preservation is man's most primal instinct.

John Lennon's reply to accusation of unamericanism

Reporter: "They think your haircuts are un-American."
John Lennon: "Well, it was very observant of them because we aren't American, actually. "

Wikileaks ethics

I support Wikileaks and their release of documents to the public against the wishes of powerful interests.

However ethicists have called for Wikileaks to announce an ethics code on what documents they will and will not publish. This seems a fair point. If they have not done so already, Wikileaks should formulate a code and make it public.

Threat of violence

It does not matter what you are famous for, fame brings you to the attention of extreme personalities. These persons are capable of all sorts of threats and/or mayhem. I highly doubt that any logical explanation of legal or any other type of sanction would deter them. It isn't a reflection of your actions, it is merely a matter of being exposed to such great numbers of individuals. Some, like the killer of John Lennon, would use your fame in a desperate attempt to garner some for themselves. Their deluded reasons may vary, but the dangers are very real. As they say, "such is the price of fame." I hope you do not allow this to deter in any way your efforts. Protect yourself and soldier on.

Vogelfrei

If your administration is still in favour of threatening murder, and so it seems, you as a country and institution of power are clearly still stuck in kindergarden. Your country was founded on the genocide of hundreds of American Indian native tribes, and you haven’t really grown up from there.
“If you’re not our friend, you’re our enemy”, the only reason you can get away with that motto is you have so far managed to wiggle out of international laws of commitment.
But there are people with a vision, like Nelson Mandela, like Julian Assange, who are protected by the massive sympathy and support from the people. Noli me tangere!
Wikileaks will continue their work to the benefit of others, you might as well accept that, and rather learn to avoid further embarrassment by improving your laws.

Spelling

With all due respect, Mr. Kemp, it is Gandhi NOT Ghandi.

Correction

Thanks-corrected.

Threat to commit murder means jailtime in Canada

As a young woman I was caught in a bad situation, and a person threatened me over the telephone, to kill ME and or members of my family. A police officer was listening in on the other phone and HE pressed charges. I was subpoena-ed as a crown witness with no choice but to testify, even though the threats continued. The accused was sent to jail for 2 years. This was in Regina Canada. The DA had no other proof of abuse except my word against his, so the guilty verdict was based on what the police officer heard. This is how the criminal offense of incitation to commit the act of murder is properly dealt with in a just society.

The question is, do these people who have said these things have the reasonable ability to carry out, or have carried out by another, their threats? Unfortunately they do, however they are supported by either a guilty support system or an uneducated one.

In repetition of the other

In repetition of the other comments 'well said'.
What an appalling state of affairs are we in when death threats are administered for relaying truths that some a) don't want to hear or b) would not have us hear!!

Bravo, and...

It's true the first amendment is (supposedly) strong here in the states, but The Southern Poverty Law Center did win that landmark case against white supremacist Metzger who had distributed flyers inciting violence towards minorities. When an Ethiopian grad student was murdered with a baseball bat by some youths who'd been influenced by the flyers, the guy lost in court, setting an important precedent. It may be that they were able to win because it was a "hate crime." I won't belabor that point. But in any case, if Palin et al invoke 1st amendment protection for calling for violence, then they won't have much luck saying a journalist doesn't qualify for those same protections. I should hope not, anyway. It seems nothing makes sense any more, though.

Here's a precis from the SPLC website: In 1988, racist Skinheads beat an Ethiopian graduate student to death with a baseball bat. Mulugeta Seraw was murdered by recruits of neo-Nazi leader Tom Metzger, founder of White Aryan Resistance (WAR), who faced a Center civil suit and a $12.5 million judgment. http://www.splcenter.org/get-informed/case-docket?page=7

Stick to why Bradley did what he did

I think Wikileaks needs to stick to why this is happening.
Bradley came to you to tell the world about war crimes the USA armed forces commited. That is the story & it needs to be told. Stick to that & the truth will make everyone free!

...

I can't help but see the similarities between WL (or #anon) and the Czechoslovakian 'anti-politicians' (ex. Vaclav Havel & George Konrad).

Here is Havel's brilliant essay, "The Power of the Powerless" (http://www.vaclavhavel.cz/showtrans.php?cat=eseje&val=2_aj_eseje.html&ty...).

By similarity, I mean that every aspect of life in former communist Czechoslovakia) was a political act, and the 'authentic aims of life' defied the bureaucracy and the ideology that it supported. In fact, the ideology was a complete hypocrisy.

Havel wrote:

"Ideology is a specious way of relating to the world. It offers human beings the illusion of an identity, of dignity, and of morality while making it easier for them to part with them...It is an excuse that everyone can use, from the greengrocer, who conceals his fear of losing his job behind an alleged interest in the unification of the workers of the world, to the highest functionary, whose interest in staying in power can be cloaked in phrases about service to the working class. The primary excusatory function of ideology, therefore, is to provide people, both as victims and pillars of the post-totalitarian system, with the illusion that the system is in harmony with the human order and the order of the universe."

I think many Americans (and I am an American) would agree that our society and lives are poorly served by our bureaucracy and its party speak or by our un-ratified fourth branch, the military entertainment complex.

See http://www.alexaobrien.com/secondsight/ideas/star_wars.html.

Obviously, there are huge differences between the US and the former communist Czechoslovakia.

The similarities, interest me, however, because they illuminate the threat that our organs of efficient communication and association - that is to say television, Internet, and surveillance technology engender.

Their current application disturbs checks and balances, and consolidates power in the hands of the few. These are then not forceful enough to protect the fundamental aims of our social contract - life, liberty, and the pursuit of happiness.

Taking a line from Umair Haque, value in our post-modern capitalist society is a 'six bladed razor'. That means we so not producing 'real value'...for our consumers, employees or our citizens.

'No man becomes a tyrant, to get out of the cold'. Yes, we can equalize property, but then we would compete on who was more virtuous. Even in the best scenario, demagoguery and tyranny abound. That is why I believe in the rule of law.

I support this letter.

No one is more hated than he who speaks the truth, and death is not the worst that can happen to a man. Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws. The greatest penalty of evil doing is, namely, to grow into the likeness of bad men.

God speed to all, including those revealed in the cables, and any troops in the region.

Mr Assange

I seriously hope the law will be used properly in the UK to prevent him being taken to the USA

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