Tuesday, February 19, 2008

I really recommend that you go to https://wikileaks.be/wiki/Wikileaks and read the exchange of letters between wikileaks and the suing law firm. It will make you giggle with glee to see the way wiki treats this bank's lawyers. Usually things like this are depressing, but this time its uplifting. They cant stop us from talking!

"You don't understand! I aint scared a you motherfuckers!"
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To find an injunction similar to the Cayman's case, we need to go back to Monday June 15, 1971 when the New York Times published excepts of of Daniel Ellsberg's leaked "Pentagon Papers" and found itself enjoined the following day. The Wikileaks injunction is the equivalent of forcing the Times' printers to print blank pages and its power company to turn off press power. The supreme court found the Times censorship injunction unconstitutional in a 6-3 decision.

The Wikileaks.org injunction is ex-parte, engages in prior restraint and is clearly unconstitutional. It was granted on Thursday afternoon by California district court judge White, Bush appointee and former prosecutor.

The order was written by Cayman Island's Bank Julius Baer lawyers and was accepted by judge White without amendment, or representations by Wikileaks or amicus. The case is over several Wikileaks articles, public commentary and documents dating prior to 2003. The documents allegedly reveal secret Julius Baer trust structures used for asset hiding, money laundering and tax evasion. The bank alleges the documents were disclosed to Wikileaks by offshore banking whistleblower and former Vice President the Cayman Island's operation, Rudolf Elmer. Unable to lawfully attack Wikileaks servers which are based in several countries, the order was served on the intermediary Wikileaks purchased the 'Wikileaks.org' name through -- California registrar Dynadot, who then used its access to the internet website name registration system to delete the records for 'Wikileaks.org'. The order also enjoins every person who has heard about the order from from even linking to the documents.

In order to deal with Chinese censorship, Wikileaks has many backup sites such as wikileaks.be (Belgium) and wikileaks.de (Germany) which remain active. Wikileaks never expected to be using the alternative servers to deal with censorship attacks, from, of all places, the United States.

The order is clearly unconstitutional and exceeds its jurisdiction.

Wikileaks will keep on publishing, in-fact, given the level of suppression involved in this case, Wikileaks will step up publication of documents pertaining to illegal or unethical banking practices.

Wikileaks has six pro-bono attorney's in S.F on roster to deal with a legal assault, however Wikileaks was given only hours notice "by email" prior to the hearing. Wikileaks was NOT represented. Wikileaks pre-litigation California council Julie Turner attended the start of hearing in a personal capacity but was then asked to leave the court room.

3 comments:

Anonymous said...

If this judge is not impeached, then other means will have to be found.

This is what millions died for. This is the line in the sand for free speech.

Hojo Mantooth said...

I feel you- If the judge is not impeached, we will just have to peach him. I'll bring the corn syrup, you bring the peaches.

The judge is ridiculous , the attempt is ridiculous, and even if they win, they will never be able to stop our endless army. Our army of kids with disrespect for authority, fast internet connections, and dark senses of humor.

And if all that fails, we'll be running a printing press in the basement. I call being the guy who doesnt get covered in ink.

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