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Accused L.A. Arsonist Recognized by State Department Agent


PHOTO: Authorities say suspect Harry Burkhart has been arrested for arson fires around the Hollywood area.

The German man who authorities have called "the most dangerous arsonist in L.A. history" was recognized on surveillance tape by a sharp-eyed State Department agent, officials said today.

An agent in the department's Diplomatic Security field office recognized accused arsonist Harry Burkhart, in the surveillance footage circulated by the Los Angeles Police Department as the son of a woman who was being extradited.

The agent, who was not being identified, contacted the LAPD, State Department spokeswoman Victoria Nuland told ABC News.

"Over the New Year's Eve weekend, that task force put out a video showing a person of interest exiting a parking lot and asked for the public's help," Nuland said.

The agent was familiar with Burkhart because of a "separate ongoing investigation about a German national that we've been having with the LAPD," she said. The tip led to Burkhart's arrest, Nuland said.

Burkhart, 24, will appear in court Wednesday to face charges that he allegedly set a series of 52 blazes in the Los Angeles area over the past four days.

Authorities said they were "very confident" in the arrest of Burkhart, who told police officers, "I hate America" as they placed him under arrest.

Burkhart, a German national, may have been motivated by his anger at U.S. immigration authorities that stemmed from a deportation hearing involving his mother, Dorothee, that took place in Los Angeles County about a week and a half ago, sources told ABC News.

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Burkhart broke into in a tirade, spewing angry anti-American statements, during the hearing for his mother, before being escorted from the courtroom by U.S. Marshalls, officials told ABC News.

Officials said he shouted "F... the United States" during the Dec. 29 hearing, one day before he disappeared and the fires in Hollywood began.

According to redacted criminal complaint that was unsealed today, Burkhart's mother was facing extradition because she pilfered rent security deposits and had skipped out on paying for a breast augmentation surgery.

Today, Burkhart's mother was in a German court facing 19 counts of fraud. During her court appearance she reportedly appeared perplexed and asked the judge where her son was, even stating that he is mentally ill.

Burkhart was traced by his identifying ponytail and the Canadian license plates on his van.

Los Angeles Police Deputy Shervin Lalezary spotted a minivan Monday with British Columbia plates that matched the description of a vehicle seen at several of the vehicle and carport fires ignited around Hollywood and West Hollywood, beginning Dec. 30.

When Lalezary initiated a traffic stop, he discovered the van's driver, Burkhart, also resembled the person of interest seen in a videotape released by the multi-agency arson task force assigned to the case. Grainy security footage from a parking garage that was set on fire showed a man in a ponytail, too.

Police seized flammable materials that matched the materials used in the blazes during the search of the minivan, according to sources.

Initially identified by police as a person of interest, Burkhart soon became a prime suspect. He was detained and questioned and, after subsequent interviews with police, was arrested.

On Monday afternoon he was charged with one count of arson of an inhabited dwelling, with more charges expected as the investigation proceeds, Los Angeles Mayor Antonio Villaraigosa said.

Burkhart is currently being held on $250,000 bail.

The fires were mostly ignited around vehicles, and then spread to structures, eventually causing hundreds of thousands of dollars in damage. Since Burkhart's arrest on Monday, there have been no new fires set in the Los Angeles area.

Burkhart was uncooperative and was to be asked to sit for a polygraph as part of the investigation, sources said on Monday afternoon. Warrants for a search of the suspect's residence were in the process of being executed.

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Julian Assange loses appeal against extradition

High court judges rule the WikiLeaks founder should face accusations of rape in Sweden



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Julian Assange Says He Has ‘Insurance Files’ on Rupert Murdoch

Julian Assange's options narrow as judges reject extradition appeal

High court rules WikiLeaks founder must face Swedish rape claim as Assange says he 'may not have cash to fight on'

Julian Assange

Lord Justice Thomas and Mr Justice Ouseley on Wednesday handed down their judgment in the 40-year-old Australian's appeal against a European arrest warrant issued by Swedish prosecutors after rape and sexual assault accusations made by two Swedish women following his visit to Stockholm in August 2010.

Assange, who was wearing a navy blue suit, pale blue tie and a Remembrance Day poppy, remains on bail pending a decision on a further appeal. The judges ruled the issuing of the warrant and subsequent proceedings were "proportionate" and dismissed arguments that the warrant had been invalid and descriptions of the alleged offences unfair and inaccurate.

Assange gave no sign of emotion as the judges gave reasons for the decision.

Assange's lawyers said they would take 14 days to decide whether to seek the right to appeal to the supreme court and said they would challenge the £19,000 costs against him, indicating he might not have the means to pay.

After the hearing, Assange made a short statement on the steps of the court, saying: "We will be considering our next step." He urged people to turn to a website set up in his support.

"No doubt there will be many attempts made to try to spin these proceedings as they occured today but they were merely technical. So please go to swedenversusassange.com if you wish to know what is really going on in this case."

Assange refused to answer shouted media questions as he left.

The judges rejected the appeal on all four grounds made by his legal team, opening up the possibility that Assange could be removed to Sweden by the end of the month.

Lord Justice Thomas said a date would be fixed in three weeks' time to hear any case by Assange that he should be allowed to take the case to the supreme court.

To appeal again, Assange must persuade the judges there is a wider issue of "public importance" at stake in the latest decision. If he is successful in persuading the high court of that, he is likely to remain on conditional bail until a hearing in front of the supreme court. This is unlikely to take place until next year.

If he is denied the right to appeal then British law enforcement officers will be responsible for arranging his removal to Sweden within 10 days.

Earlier Assange was surrounded by a melee of photographers as he arrived to hear the decision. Supporters had fixed banners to railings saying: "Free Assange! Free Manning! End the wars."

Bradley Manning is the detained American soldier alleged to have leaked hundreds of thousands of US diplomatic cables to WikiLeaks.

After the decision, supporters outside the court said they were outraged. Ciaron O'Reilly, 51, said: "Assange is probably the most amazing person in recent history who's upset so many powerful people in such a short space of time so it's obviously not a level playing field." The decision comes three and a half months after the end of an appeal hearing in July, when lawyers for Assange argued the arrest warrant was invalid because of significant discrepancies between its allegations of sexual assault and rape and the testimonies of the two women he allegedly had sex with.

Ben Emmerson QC, for Assange, had claimed the warrant "misstates the conduct and is, by that reason alone, an invalid warrant".

He recounted evidence of the encounter on the night of 13 August 2010 between Assange and a woman known as AA, who was hosting Assange at her apartment, during which AA said Assange tried to have sex with her without a condom.

Emmerson said there was no evidence of a lack of consent sufficient for the unlawful coercion allegation contained in the arrest warrant.

He argued the court had to decide only on whether the arrest warrant in connection with the events was valid on "strict and narrow" legal grounds.

Acting for the Swedish director of public prosecutions, Clare Montgomery QC said the charges detailed in the warrant were valid allegations and said AA, and another woman, known as SW, had described "circumstances in which they did not freely consent without coercion".

She said the definition of an extradition offence "means the conduct complained of. It has nothing to do with the evidence."

In February, when Assange challenged the extradition moves at Westminster magistrates court, his legal team warned their client could be at "real risk" of the death penalty of detention in Guantánamo Bay because they feared the US authorities would request his extradition from Sweden to face charges relating to WikiLeaks obtaining and publishing hundreds of thousands of classified US government documents.

The senior district judge threw out the appeal and ordered his extradition, and a week later Assange appealed to the high court.

He changed his legal team and adopted a less vocal strategy.

Assange has in effect been under house arrest at Ellingham Hall in Norfolk since December 2010. He has to sign in at a local police station every day, he wears an electronic tag that monitors his movements and he has to be back inside the house by 10pm each night.

Swedish prosecutors said Assange has been "detained in his absence on probable cause suspected of rape (less severe crime), sexual molestation and unlawful coercion."



Julian Assange may not have the funds to fight extradition to Sweden. Photograph: Paul Hackett/Reuters

The two high court judges who dismissed Julian Assange's appeal against extradition to Sweden seemed rather surprised that his counsel didn't immediately ask for permission to appeal to the supreme court, says Joshua Rozenberg. But Assange says he may not have the funds to fight on.

The judgment may turn out to be good news for other people fighting extradition, adds Rozenberg:

"A rather interesting passage in paragraph 17 of the judgment... offers a new exception to the general principle of mutual recognition underpinning the European arrest warrant - that each European country respects the decisions of each other's courts without asking too many questions. Thomas and Ouseley said that public confidence in the EAW would not be advanced unless the courts of the country that's being asked to hand over an accused person "scrutinise requests for surrender under the European arrest warrant with the intensity required by the circumstances of each case"

Failure to do so could risk undermining public confidence in the EU's "common area for justice," the judges stressed.

In a similar vein, Dominic Grieve told the European court of human rights on Tuesday that national parliaments, not European judges, should decide whether prisoners have the right to vote - the latest move in his bid to increase the UK's latitude in cases that reach Strasbourg. But in the EUtopia blog's first article on Guardian Law, Christopher Brown says talk of repatriating power from Brussels is still unrealistic - though governments should have more than six weeks in which to scrutinise and comment on draft EU law.

And a man who took photos of the court during the Assange ruling was held in custody for two hours and given a stern rebuke by the president of the Queen's Bench division.

Meanwhile, the legal aid and sentencing bill passed the Commons without substantial difficulty. Labour attacked the Lib Dems for tabling amendments opposing parts of the bill but subsequently voted against near-identical amendments tabled by Labour. This, it appears, is coalition government at work. Paul Mendelle QC takes particular exception to the changes to the law on self-defence:

"None of those familiar with the law in action had suggested the law was obscure or unfair or needed reform. Amending legislation to do no more than change the appearance of the law without affecting its substance distracts attention from a fundamentally objectionable bill that deprives so many of legal aid and radically threatens the quality of the entire justice system. It is purely cosmetic, like putting lipstick on pig, and just about as useful."

As the threat of immediate legal action against the Occupy LSX protesters camped outside St Paul's receded, Alex Aldridge visited the legal tent there - which is staffed by a lighting engineer who regards law as a "hobby". He is, however, getting advice from Bindmans and John Cooper QC.

The family justice review, out yesterday, declared that children's rights should trump those of their parents in the family courts - which went down badly with fathers' groups unhappy with their access arrangements. The chair of the review, David Norgrove, put his case in an article for Guardian Law:

"Where the state intervenes in family life to protect children from harm, in child protection cases, it takes on average over a year for an outcome - an age in the life of a child. The backlog of cases in the public law system means today around 20,000 children are waiting for their futures to be decided."

Police, baseball bats, action!
After the news that six Metropolitan police officers are to keep their jobs after being found guilty at a secret disciplinary hearing of smashing up a suspect's Mini, Duncan Campbell asks what a "non-issue" baseball bat looks like and other intriguing questions.

• Steven Morris: How I tweeted the Vincent Tabak trial

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• Lawyers, take a deep breath. Neil Rose asks how far legal work can be automated




Short of cash and running out of legal arguments, the founder of WikiLeaks, Julian Assange, felt the net tighten around him on Wednesday as the high court dismissed his latest appeal against extradition to Sweden to face rape and sexual molestation claims.

The president of the Queen's Bench Division, Sir John Thomas, sitting with Mr Justice Ouseley, threw out Assange's four-point appeal against the Swedish prosecutor's European arrest warrant. Assange's lawyers, meanwhile, indicated that the 40-year-old Australian may not have the money to pay his opponents' costs. Unless he appeals to the supreme court, and that requires high court approval and yet more legal fees, he could be removed to a Swedish jail by the end of the month to be questioned over claims of rape, sexual molestation and unlawful coercion by two women he met on a visit to Stockholm in August 2010.

After the ruling, out on the steps of the Royal Courts of Justice, Assange faced the cameras wearing a smart navy suit and a Remembrance Day poppy, but without his usual air of defiance. Eleven months earlier he had stood on the same spot after being freed from Wandsworth prison on bail. Back then he declared with a smile that it was "great to smell the fresh air of London again" and he pledged "to continue my work and continue to protest my innocence". This time it was unclear whether he planned to fight on. He said only: "We will be considering our next step."

"I have not been charged with any crime in any country," he said. "The European arrest warrant (EAW) is so restrictive that it prevents UK courts from considering the facts of a case, as judges have made clear here today … no doubt there will be many attempts made to try to spin these proceedings as they occurred today but they were merely technical." He directed people to a website set up by supporters "if you wish to know what is really going on in this case", then fought his way through a pavement melee, into a minicab and away.

Court four had been full for the 9.45am case, which took minutes. Assange was joined by WikiLeaks staff and supporters including campaigning journalist John Pilger and Vaughan Smith, the owner of Ellingham Hall in Norfolk where Assange is living under strict bail conditions which include an ankle tag and evening curfew. "This is self-evidently not a case relating to a trivial offence, but to serious sexual offences," the judges said, upholding the original magistrates court decision from Assange's first appeal in February.

They said Assange had argued the rape claim against him dating from his trip to Stockholm in August 2010 did not in fact amount to rape, but "the allegation that he had sexual intercourse with [SW] without a condom would amount to an allegation of rape in England and Wales".

They ruled that the two alleged offences of sexual molestation against the woman known as AA on two nights and the allegation of unlawful coercion relating to his alleged use of violence by holding AA's arms and forcefully spreading her legs while lying on top of her could be considered offences in England and Wales, which is a prerequisite for extradition. The warrant was "proportionate" and they dismissed Assange's argument that it was not issued by a valid authority. The court also rejected Assange's assertion that the descriptions of the offences were not fair and accurate.

Mark Summers, appearing for Assange, said they would take 14 days to decide whether to seek the right to appeal to the supreme court and were likely to resist paying the crown's £19,000 costs, indicating Assange could not pay.

"If there was a nought on the end, £190,000 rather than £19,000, you could say there might be an issue," said Sir John Thomas, indicating the fees were not unreasonable. Summers told the judges there was an issue of jurisprudence to consider "about awarding costs against people who are not able to meet them", adding "the court is going to have to engage with his means".

The judges ordered a further hearing in three weeks on costs and any application for the right to appeal to the supreme court, which will only be granted if Assange can prove there is a wider issue of "public importance" at stake in the verdict. He would probably remain on conditional bail until such a hearing and that is unlikely before next year. If that fails he could only appeal to the European courts if they believe he is at risk of torture or mistreatment in Sweden.

"I don't think they will kill it off at this stage because there are some legal issues at stake," said Julian Knowles QC, who has been following the case. "But I think he will lose eventually … a key calculation for Assange will be whether to preserve resources for a trial in Sweden or fight to the bitter end here in London."

Legal sources suggest his latest appeal fees could be in the order of £100,000 and he would face a similar bill again if he went to the supreme court. He would only recover costs if he won, a case of "double or quits".

Vaughan Smith said "people are disappointed … but Julian has become pretty robust. You don't get a sense of dismay. It is a case of soldiering on." He said Assange had a legal defence fund for supporters' donations but it was "reasonable to assume he is struggling with his legal fees". Smith also said Assange continues to fear that if he goes to Sweden he could be extradited to the US to face charges relating to the leak of hundreds of thousands of US government documents. He is also worried about the ability of WikiLeaks to function if he is in a Swedish jail.

But even as his legal options for avoiding removal to Sweden narrowed, Assange enjoyed vocal support on the street. As he left court he was cheered by supporters, including a group of Occupy London protesters. "Occupy London support you," shouted one through a megaphone. Assange, who had been blank-faced all morning, smiled and waved his legal papers. He seemed to recognise a kindred spirit, something he has struggled to find so far in the courts of London.


Julian Assange loses appeal against extradition

High court judges rule the WikiLeaks founder should face accusations of rape in Sweden

    Julian Assange gives his response to the high court's rejection of his appeal against extradition to Sweden, where he faces rape allegations Link to this video




Photos of Julian Assange from the Huntington Post
http://www.washingtonpost.com/politics/wikileaks-julian-assange-loses-extradition-appeal/2011/02/24/gIQAksYnfM_gallery.html#photo=3

Alleged Victims Arina Ardin and Sofia Wilen

Don't shoot messenger for revealing uncomfortable truths


Wiki Leaks founder Julian Assange at Westminister Magistrates Court London
Britain WikiLeaks

Elizabeth Cook's artist impression of WikiLeaks founder Julian Assange's appearance at Westminster Magistrates Court in London, where he was denied bail after appearing on an extradition warrant. Source: AP

WIKILEAKS deserves protection, not threats and attacks.

IN 1958 a young Rupert Murdoch, then owner and editor of Adelaide's The News, wrote: "In the race between secrecy and truth, it seems inevitable that truth will always win."

His observation perhaps reflected his father Keith Murdoch's expose that Australian troops were being needlessly sacrificed by incompetent British commanders on the shores of Gallipoli. The British tried to shut him up but Keith Murdoch would not be silenced and his efforts led to the termination of the disastrous Gallipoli campaign.

Nearly a century later, WikiLeaks is also fearlessly publishing facts that need to be made public.

I grew up in a Queensland country town where people spoke their minds bluntly. They distrusted big government as something that could be corrupted if not watched carefully. The dark days of corruption in the Queensland government before the Fitzgerald inquiry are testimony to what happens when the politicians gag the media from reporting the truth.

These things have stayed with me. WikiLeaks was created around these core values. The idea, conceived in Australia, was to use internet technologies in new ways to report the truth.

WikiLeaks coined a new type of journalism: scientific journalism. We work with other media outlets to bring people the news, but also to prove it is true. Scientific journalism allows you to read a news story, then to click online to see the original document it is based on. That way you can judge for yourself: Is the story true? Did the journalist report it accurately?

Democratic societies need a strong media and WikiLeaks is part of that media. The media helps keep government honest. WikiLeaks has revealed some hard truths about the Iraq and Afghan wars, and broken stories about corporate corruption.

People have said I am anti-war: for the record, I am not. Sometimes nations need to go to war, and there are just wars. But there is nothing more wrong than a government lying to its people about those wars, then asking these same citizens to put their lives and their taxes on the line for those lies. If a war is justified, then tell the truth and the people will decide whether to support it.

If you have read any of the Afghan or Iraq war logs, any of the US embassy cables or any of the stories about the things WikiLeaks has reported, consider how important it is for all media to be able to report these things freely.

WikiLeaks is not the only publisher of the US embassy cables. Other media outlets, including Britain's The Guardian, The New York Times, El Pais in Spain and Der Spiegel in Germany have published the same redacted cables.

Yet it is WikiLeaks, as the co-ordinator of these other groups, that has copped the most vicious attacks and accusations from the US government and its acolytes. I have been accused of treason, even though I am an Australian, not a US, citizen. There have been dozens of serious calls in the US for me to be "taken out" by US special forces. Sarah Palin says I should be "hunted down like Osama bin Laden", a Republican bill sits before the US Senate seeking to have me declared a "transnational threat" and disposed of accordingly. An adviser to the Canadian Prime Minister's office has called on national television for me to be assassinated. An American blogger has called for my 20-year-old son, here in Australia, to be kidnapped and harmed for no other reason than to get at me.

And Australians should observe with no pride the disgraceful pandering to these sentiments by Julia Gillard and her government. The powers of the Australian government appear to be fully at the disposal of the US as to whether to cancel my Australian passport, or to spy on or harass WikiLeaks supporters. The Australian Attorney-General is doing everything he can to help a US investigation clearly directed at framing Australian citizens and shipping them to the US.

Prime Minister Gillard and US Secretary of State Hillary Clinton have not had a word of criticism for the other media organisations. That is because The Guardian, The New York Times and Der Spiegel are old and large, while WikiLeaks is as yet young and small.

We are the underdogs. The Gillard government is trying to shoot the messenger because it doesn't want the truth revealed, including information about its own diplomatic and political dealings.

Has there been any response from the Australian government to the numerous public threats of violence against me and other WikiLeaks personnel? One might have thought an Australian prime minister would be defending her citizens against such things, but there have only been wholly unsubstantiated claims of illegality. The Prime Minister and especially the Attorney-General are meant to carry out their duties with dignity and above the fray. Rest assured, these two mean to save their own skins. They will not.

Every time WikiLeaks publishes the truth about abuses committed by US agencies, Australian politicians chant a provably false chorus with the State Department: "You'll risk lives! National security! You'll endanger troops!" Then they say there is nothing of importance in what WikiLeaks publishes. It can't be both. Which is it?

It is neither. WikiLeaks has a four-year publishing history. During that time we have changed whole governments, but not a single person, as far as anyone is aware, has been harmed. But the US, with Australian government connivance, has killed thousands in the past few months alone.

US Secretary of Defence Robert Gates admitted in a letter to the US congress that no sensitive intelligence sources or methods had been compromised by the Afghan war logs disclosure. The Pentagon stated there was no evidence the WikiLeaks reports had led to anyone being harmed in Afghanistan. NATO in Kabul told CNN it couldn't find a single person who needed protecting. The Australian Department of Defence said the same. No Australian troops or sources have been hurt by anything we have published.

But our publications have been far from unimportant. The US diplomatic cables reveal some startling facts:

► The US asked its diplomats to steal personal human material and information from UN officials and human rights groups, including DNA, fingerprints, iris scans, credit card numbers, internet passwords and ID photos, in violation of international treaties. Presumably Australian UN diplomats may be targeted, too.

► King Abdullah of Saudi Arabia asked the US to attack Iran.

► Officials in Jordan and Bahrain want Iran's nuclear program stopped by any means available.

► Britain's Iraq inquiry was fixed to protect "US interests".

► Sweden is a covert member of NATO and US intelligence sharing is kept from parliament.

► The US is playing hardball to get other countries to take freed detainees from Guantanamo Bay. Barack Obama agreed to meet the Slovenian President only if Slovenia took a prisoner. Our Pacific neighbour Kiribati was offered millions of dollars to accept detainees.

In its landmark ruling in the Pentagon Papers case, the US Supreme Court said "only a free and unrestrained press can effectively expose deception in government". The swirling storm around WikiLeaks today reinforces the need to defend the right of all media to reveal the truth.

Julian Assange is the editor-in-chief of WikiLeaks.

Julian Assange Says He Has ‘Insurance Files’ on Rupert Murdoch: 1/13/11

http://nymag.com/daily/intel/2011/01/forget_bank_of_america_assange.html

Julian Assange Says He Has ‘Insurance Files’ on Rupert Murdoch

Photo: Bryan Bedder/Getty Images


Julian Assange said today that the "insurance files" he promised to release should any harm come to him or WikiLeaks should worry more than just diplomats and government sources. "There are 504 US embassy cables on one broadcasting organization and there are cables on Murdoch and News Corp," Assange told the British paper the New Statesman. What's the connection between whistle-blowing on wartime abuses and international diplomacy and media companies? "[T]hey speak more of the same truth to power," said Assange, whose legal team is currently trying to fight extradition to Sweden by making the case that it could lead to detention in Guantanamo and eventual execution. Murdoch is a surprising new target considering just last month Assange invoked him and his history of truth telling to support WikiLeaks' mission. In an op-ed in the Australian, Assange said:

"In 1958 a young Rupert Murdoch, then owner and editor of Adelaide’s The News, wrote: 'In the race between secrecy and truth, it seems inevitable that truth will always win.'"

That wasn't the first instance of Assange's seeking umbrage in Murdoch's shadow. During his feud with the Guardian over publishing leaked information about his sex-crimes charges, Assange used an interview with the Times U.K. to attack his former allies at the Guardian. At the time, David Leigh, the Guardian's investigations editor tweeted, "The #guardian published too many leaks for #Assange 's liking, it seems. So now he's signed up 'exclusively' with #Murdoch's Times. Gosh."

As part of today's big reveal about the Murdoch cables, Assange also added that attempts to indict him should worry the mainstream press, continuing his recent emphasis on his journalistic bona fides:

"I think what's emerging in the mainstream media is the awareness that if I can be indicted, other journalists can, too," says Assange. "Even the New York Times is worried. This used not to be the case. If a whistleblower was prosecuted, publishers and reporters were protected by the First Amendment, which journalists took for granted. That's being lost."

This isn't the first time Assange has identified himself as a journalist, despite the press's attempt to distance themselves from the idea. In order to make their espionage case against Assange, the Department of Justice has also tried to discredit the notion. Assange has won awards for journalism, and in an interview with Time in July, he said, "I am a journalist and publisher and inventor." But in the past, he's also branded WikiLeaks as a whistle-blowing organization, which would place him more in the "source" camp than the "publisher" one. Regardless, it seems like an odd time to choose a media organization, even as reviled a conglomerate as New Corp., as his next target.

Exclusive Interview: Julian Assange on Murdoch, Manning and the threat from China [New Statesman]
WikiLeaks: Julian Assange claims to have Rupert Murdoch 'insurance files' [Guardian UK]
Assange team: He could face execution, Guantanamo detention [Salon]

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