Extradition
Chris Hedges: The Crucifixion of Julian Assange
Washington DC — (Scheerpost) — Prosecutors representing the United States, whether by design or incompetence, refused — in the two-day hearing I attended in London in February — to provide guarantees that Julian Assange would be afforded First Amendment rights and would be spared the death penalty if extradited to the U.S.
The inability to give these assurances all but guaranteed that the High Court — as it did on Tuesday — would allow Julian’s lawyers to appeal. Was this done to stall for time so that Julian would not be extradited until after the U.S. presidential election? Was it a delaying tactic to work out a plea deal? Julian’s lawyers and U.S. prosecutors are discussing this possibility. Was it careless legal work? Or was it to keep Julian locked in a high-security prison until he collapsed mentally and physically?
If Julian is extradited, he will stand trial for allegedly violating 17 counts of the 1917 Espionage Act, which carries a potential sentence of 170 years. Another charge for “conspiracy to commit computer intrusion” carries an additional five years.
The court will permit Julian to appeal minor technical points — his basic free speech rights must be honored, he cannot be discriminated against on the basis of his nationality, and he cannot be under threat of the death penalty.
No new hearing will allow his lawyers to focus on the war crimes and corruption that WikiLeaks exposed, permit Julian to mount a public interest defense, or discuss the political persecution of a publisher who has not committed a crime.
The court, by asking the U.S. for assurances that Julian would be granted First Amendment rights in the U.S. courts and not be subject to the death penalty, offered the U.S. an easy out — give the guarantees and the appeal was rejected.
It is hard to see how the U.S. can refuse the two-judge panel, composed of Dame Victoria Sharp and Justice Jeremy Johnson, which issued on Tuesday a 66-page judgment accompanied by a three-page court order and a four-page media briefing.
The hearing in February was Julian’s last chance to request an appeal of the extradition decision made in 2022 by the then British home secretary, Priti Patel, and many of the rulings of District Judge Vanessa Baraitser in 2021.
If Julian is denied an appeal, he can request an emergency stay of execution from the European Court of Human Rights (ECtHR) under Rule 39, which is given in “exceptional circumstances” and “only where there is an imminent risk of irreparable harm.” But it is possible the British court could order Julian’s immediate extradition prior to a Rule 39 instruction, or decide to ignore a request from the ECtHR to allow Julian to have his case heard there.
Julian has been engaged in a legal battle for 15 years. It began in 2010 when WikiLeaks published classified military files from the wars in Iraq and Afghanistan — including footage showing a U.S. helicopter gunning down civilians, including two Reuters journalists, in Baghdad.
Julian took refuge in the Embassy of Ecuador in London for seven years, fearing extradition to the U.S. He was arrested in April 2019 by the Metropolitan Police, who were permitted by the Embassy to enter and seize him. He has been held for nearly five years in HM Prison Belmarsh, a high-security prison in southeast London.
The case against Julian has made a mockery of the British justice system and international law. While in the embassy, the Spanish security firm UC Global provided video recordings of meetings between Julian and his lawyers to the CIA, eviscerating attorney-client privilege.
The Crucifixion of Julian Assange | Mr. Fish
The Ecuadorian government — led by Lenin Moreno — violated international law by rescinding Julian’s asylum status and permitting police into their embassy to carry Julian into a waiting van. The courts have denied Julian’s status as a legitimate journalist and publisher. The U.S. and Britain have ignored Article 4 of their Extradition Treaty, which prohibits extradition for political offenses. The key witness for the U.S., Sigurdur Thordarson — a convicted fraudster and pedophile — admitted to fabricating the accusations he made against Julian in exchange for immunity for past crimes..
Julian, an Australian citizen, is being charged under the U.S. Espionage Act, although he did not engage in espionage and was not based in the U.S. when he was sent the leaked documents. The British courts are considering extradition, despite the CIA’s plan to kidnap and assassinate Julian, plans that included a potential shoot-out on the streets of London, with involvement by London’s Metropolitan Police.
Julian has been held in isolation in a high-security prison without trial, although his only technical violation of the law is breaching bail conditions after he obtained asylum in the Embassy of Ecuador. This should only entail a fine.
Finally, unlike Daniel Ellsberg, Julian did not leak the documents. He published documents leaked by U.S. Army whistleblower Chelsea Manning.
The judges accepted three of the nine legal grounds as potential points for appeal, and they denied the other six. The two-judge panel also rejected Julian’s lawyers’ request to present new evidence.
Julian’s legal team asked the court to introduce into the case the Yahoo! News report that revealed, after the release of the documents known as Vault 7, that the then-director of the CIA, Mike Pompeo, considered assassinating Julian. Julian’s lawyers also hoped to introduce a statement from Joshua Dratel, a U.S. attorney, who said that Pompeo’s use of the terms “non-state hostile intelligence service” and “enemy combatant” were phrases designed to give legal cover for an assassination. The third piece of evidence Julian’s lawyers hoped to introduce was a statement from a Spanish witness in the criminal proceedings underway in Spain against UC Global.
The CIA is the engine behind Julian’s extradition. Vault 7 exposed hacking tools that permit the CIA to access our phones, computers and televisions, turning them — even when switched off — into monitoring and recording devices. The extradition request does not include charges based on the release of the Vault 7 files, but the U.S. indictment followed the release of the Vault 7 files.
Justice Sharp and Justice Johnson dismissed the report in Yahoo! News as “another recitation of opinion by journalists on matters that were considered by the judge.” They rejected the argument made by the defense that Julian’s extradition would be in violation of Section 81 of the U.K. Extradition Act of 2003, which prohibits extraditions in cases where individuals are prosecuted for their political opinions. The judges also dismissed the arguments made by Julian’s attorneys that extradition would violate his protections under the European Convention of Human Rights — the right to life, the prohibition of inhuman and degrading treatment, the right to a free trial and protections against punishment without law respectively.
The U.S. largely built its arguments on the affidavits of U.S. prosecutor Gordon D. Kromberg. Kromberg, an Assistant U.S. Attorney in the Eastern District of Virginia, has stated that Julian, as a foreign national, is “not entitled to protections under the First Amendment, at least as it concerns national defense information.”
Ben Watson, King’s Counsel, who represented the U.K. government during the two-day hearing in February, conceded that if Julian is found guilty under the Espionage Act, he could receive a death penalty sentence.
The judges urged the U.S. and the U.K. Secretary of State to offer the British court assurances on these three points by April 16.
If the assurances are not provided, the appeal will proceed.
If the assurances are provided, lawyers for both sides have until April 30th to make new written submissions to the court. At that point, the court will convene again on May 20 to decide whether the appeal can proceed.
The goals in this Dickensian nightmare remain unchanged. Erase Julian from the public consciousness. Demonize him. Criminalize those who expose government crimes. Use Julian’s slow-motion crucifixion to warn journalists that no matter their nationality, no matter where they live, they can be kidnapped and extradited to the U.S. Drag out the judicial lynching for years until Julian, already in a precarious physical and mental condition, disintegrates.
This ruling, like all of the rulings in this case, is not about justice. It is about vengeance.
Feature photo | The Crucifixion of Julian Assange – Partial | Mr. Fish
Chris Hedges is a Pulitzer Prize–winning journalist who was a foreign correspondent for fifteen years for The New York Times, where he served as the Middle East Bureau Chief and Balkan Bureau Chief for the paper. He previously worked overseas for The Dallas Morning News, The Christian Science Monitor, and NPR. He is the host of show The Chris Hedges Report.
The post Chris Hedges: The Crucifixion of Julian Assange appeared first on MintPress News.
Assange: justice denied again as court declines to admit new evidence of US murder plots
Wikileaks founder will remain in Belmarsh prison while judges seek further meaningless ‘assurances’ from US
The High Court has this morning again denied justice to persecuted Wikileaks founder Julian Assange. Despite admitting that the US is denying Assange’s rights to free speech and is pursuing him in a way that it would not pursue one of its own citizens, judges have decided to keep Assange in Belmarsh prison while it asks for further ‘assurances’ that the US will not kill him – even though there has been longstanding evidence of US plans to murder him outside the US.
Shamefully, the court has also declined to admit fresh evidence of US plots to assassinate him, claiming that the evidence is irrelevant because the US’s incentive to murder Assange would not apply if it had him in custody, as Declassified UK has pointed out:
Incredibly, the High Court has refused to admit fresh evidence of CIA plots to kidnap or kill Julian Assange.
The judges say the rationale for kidnapping or killing Assange would be removed if he is extradited, and the evidence is thus not worth consideration.
Read that again. pic.twitter.com/PqwJIg4yAn— Declassified UK (@declassifiedUK) March 26, 2024
The extradition case should have been laughed out of court three years ago, when the main US witness admitted he had been lying all along in his claim that Assange induced him to hack US systems. Instead, Assange has been submitted to what former UN Special Rapporteur on torture Nils Melzer described as sustained psychological torture – and still faces the likelihood of imprisonment for more than a century in US retaliation for Wikileaks exposing its war crimes in Iraq and as a deterrent to other journalists who might expose its crimes in future.
Shame on the UK and its travesty of justice and democracy. Free Julian Assange. Protect real journalism.
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Pro-Assange protest grows larger still
Even more people than yesterday demonstrate at Royal Courts of Justice, ready to march on Downing Street against plan to extradite Wikileaks founder for exposing US war crimes
A banner referring to the fact that the main US witness against Assange admitted he had been lying all along
The number of people protesting at the Royal Courts of Justice against the extradition of Wikileaks founder Julian Assange has swelled beyond the approximately two thousand who turned out yesterday, despite foul weather:
The US government’s extradition case against Assange should have been laughed out of court when its main witness admitted he had been lying all along, but the courts and UK government have persisted in shoring up what constitutes a global assault on journalism, democracy and the right of peoples to hold their governments to account.
Protesters are now marching to Downing Street, led by PCS public service union’s Samba band.
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Video: protests for Assange as British justice goes on trial in extradition case
Up to 2,000 gather for ‘last chance’ to stop disgraced US case allowed so far by courts – but system seems stacked against Wikileaks founder, press freedom and public’s right to know
Protestors outside the court on Tuesday
Up to two thousand protesters gathered to demonstrate outside the Royal Courts of Justice today in London, where Wikileaks founder Julian Assange and his legal team are fighting in what may be their last chance to avoid his extradition to the US, where the Biden administration wants to lock him in a high-security prison for the rest of his life for the ‘crime’ of exposing the actions of the US military.
Wikileaks embarrassed the US by revealing the wanton slaughter of Iraqi civilians – and the US wants its vengeance. To the UK’s shame, successive UK governments and courts have been all too eager to let the Americans have their way, despite the US case collapsing in disgrace when its main witness to Assange’s supposed ‘hacking’ of US systems admitted he had been lying the whole time – and plots by senior US officials to assassinate him. The admission should have seen the US laughed out of court, but UK judges granted its request anyway.
Protesters massed to show their solidarity with the Australian journalist, who has been imprisoned in Belmarsh prison since 2019 after a long effective incarceration in the Ecuadorian embassy while the UK and US governments conspired against him and even bugged supposedly sacrosanct meetings with his lawyers:
Wikileaks Editor-in-Chief Kristinn Hrafnsson gave the protest crowd a lunchtime update on the ‘absurd’ proceedings, which kept observers down to a handful despite the importance of the case, preventing even human rights groups from attending:
As with all the hearings so far, the case against Julian Assange appears to be stacked. After the farce of the collapsed US case being granted anyway, Assange’s appeal was denied by a judge with deep security service connections.
In the current case, one of the two judges was a lawyer for the Secret Intelligence Service and the Ministry of Defence, with clearance for access to ‘top secret’ information – and the other judge is the twin sister of right-wing former BBC chair Richard Sharpe, who resigned after an inquiry into his arrangement of an £800,000 loan for Boris Johnson before his appointment.
Activist Steve Price, who represented Skwawkbox at the demo, summarised the day:
On a cold day thousands gathered to lobby the court and raise public awareness of this situation. This morning at the RCJ, the chant of the day was “There’s only one decision – no extradition!” The demo was noisy, very colourful, with a visible but low-key police presence and many passing drivers honking horns in solidarity.
Speakers included three Labour MPs – Richard Burgon, Zara Sultana and Apsana Begum, alongside Chris Hedges, Andrew Feinstein, Stella Assange and Julian’s brother and father, as well as lawyers, Reporters without Borders (RwB) and Wikileaks’ editor-in-chief. John Pilger, the great Australian journalist, was remembered with great affection.
Julian’s brother said the Australian Parliament voted by two thirds criticising the UK and USA and demanding he be released and returned to his home country. Two of the lawyers, as well as RwB noted that this case has enormous implications for freedom of the press globally and there are obvious parallels with how journalists have been deliberately targeted by Israel in Gaza.
The magistrate back in January 2021 decided Julian should be released solely on the grounds that he might kill himself, but this was overturned by the Home Secretary. There are a number of legal grounds his team will advocate for refusing the extradition. He has been detained in Belmarsh (in solitary confinement) for nearly 5 years, spent 7 years before that confined in the Ecuadorian Embassy. His health has deteriorated, it’s a form of torture, they’re slowly killing him. He is believed to be too ill to attend court today?
They want to extradite him for the crime of journalism, for exposing their hypocrisy, their dirty secrets, their war crimes.
Keir Starmer, the ‘human rights lawyer’, as he never tires of reminding everyone, has never spoken in Assange’s defence. As Director of Public Prosecutions, his actions are murky – because the Crown Prosecution Service (CPS) destroyed its records of them and destroyed notes of what it destroyed. However, it is known that in the case of another extradition the US wanted – that of autistic hacker Gary McKinnon – Starmer flew in a rage to the US to apologise to his US government contacts as soon as then-PM Theresa May quashed the extradition on humanitarian grounds. The CPS and Sweden also destroyed records of their communications when the CPS was pressuring Sweden to continue to pursue Assange’s extradition there – no doubt a stepping stone to getting him to the US – on discredited rape allegations. Despite the destruction of evidence, it is known that the CPS told Swedish counterparts not to ‘dare’ drop its request and refused Sweden’s offer to come and interview Assange in the Ecuadorian embassy.
Assange’s family and team have asked everyone who can make it to the court to continue demonstrating throughout the duration of the hearing to try to keep up pressure on the authorities. The Establishment’s relentless assault on Julian Assange is a war not just against him, but against press freedom and the right of the public to know what its supposed representatives are doing and to hold them to account.
The UK justice system has a last chance to show it is fit for purpose. If it happens, it looks as though justice will have to be wrung out of it. Absolute solidarity with Julian Assange and all persecuted journalists everywhere.
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Starmer ‘didn’t know’ re sub-postmasters, ‘wasn’t involved’ on Savile. What DID he do as DPP?
Analysis: CPS prosecuted at least 27 people – and as many as 38 – running post offices during Horizon scandal – it strains credibility to claim he knew nothing
Labour has claimed that none of the Crown Prosecution Service (CPS) prosecutions of innocent sub-postmasters went ‘to [Keir Starmer’s] desk. Starmer himself has now told reporters that he knew nothing about any of the cases:
I wasn’t aware of any of them. I think there was a small number within a 20-year window, that’s all I know. I don’t even now – I think the CPS are helping with inquiries – how many of those may or may not have involved Horizon.
There were at least twenty-seven and as many as thirty eight cases.
One such case that definitely happened under Starmer’s tenure as CPS head was the prosecution of Seema Misra, who was jailed for fifteen months in 2010 – on her son’s tenth birthday – for fraud that she never committed. She was pregnant when she was prosecuted and jailed – and her conviction was only quashed in 2021. The prosecution did not disclose to the court that the Post Office knew the Horizon system was faulty and had at least forty examples of the system causing shortfalls at Post Office branches.
When the scandal of serial rapist Jimmy Savile broke and Starmer was attacked for not prosecuting him, Keir Starmer did not personally deny he had been involved in the decision not to prosecute Savile, instead allowing mouthpieces – including Tory MPs – to say he was not aware of it, insisting that we believe that he ran the CPS and was never asked for his view on whether to prosecute the offender who was, at the time, Britain’s highest-profile entertainer.
Starmer boasted of his role in prosecuting former government minister Chris Huhne and promised the US he would ‘do everything’ to secure the extradition of autistic hacker Gary McKinnon – yet supposedly was not consulted by his subordinates about Savile.
The CPS claimed it had destroyed all records relating to the decision not to prosecute Savile. The CPS also claimed that it had destroyed all records relating to prosecution of Seema Misra.
We are asked to believe that Starmer was not involved in the Savile decision, was not involved in or consulted on any CPS Post Office cases – was not even aware of their existence – despite them taking place while he ran the CPS and despite revelations, a year before the Misra case, in the press about the known, widespread issues with the Horizon system causing false ‘shortfalls’ in Post Office branches.
As Labour leader, Starmer has covered up a whistleblower’s allegations of ‘sadistic’ and ‘criminal’ exploitation of vulnerable domestic violence victims by a Labour staffer who was the lover of the MP she was working for. That MP, Khalid Mahmood, did not dispute a victim’s sworn evidence in whistleblower Elaina Cohen’s successful tribunal for wrongful dismissal – and confirmed under oath that Starmer and Labour general secretary David Evans were fully and repeatedly aware of the allegations.
Starmer also sheltered at least two alleged sex pests in his Shadow Cabinet and re-admitted racist and sex harasser MP Neil Coyle back into the parliamentary party, as well as Mike Gapes, the right-wing former MP who defended fellow right-winger Ian McKenzie after McKenzie tweeted about the rape and beheading of Thornberry herself, and former MPs who defended him. He is a creature of the Establishment and sides with it every time.
What the hell was he doing while he was boss of the CPS if he didn’t know about the highest profile cases and wasn’t consulted on the widest miscarriage of justice in British legal history? This site does not believe it is credible.
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