Author Topic: WikiLeaks founder Julian Assange cannot be extradited to U.S., judge rules  (Read 726 times)

Roger

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WikiLeaks founder Julian Assange cannot be extradited to U.S., judge rules
Via CNBC , Sam Shead

Jan 4 2021


   A British judge ruled Monday that WikiLeaks founder Julian Assange, one of the world's most high-profile whistleblowers, cannot be extradited to the U.S.

Judge Vanessa Baraitser said extradition would be oppressive due to Assange's mental health.

"The overall impression is of a depressed and sometimes despairing man, who is genuinely fearful about his future," Baraitser wrote in her ruling. "For all of these reasons I find that Mr. Assange's risk of committing suicide, if an extradition order were to be made, to be substantial."

The U.S. is expected to appeal the decision within the allocated two-week time frame.

Assange is wanted in the U.S. over the publication of hundreds of thousands of classified military documents and diplomatic cables in 2010 and 2011. He is wanted on 18 charges, 17 of which fall under the U.S. Espionage Act.

His health has deteriorated while being held in a U.K. prison.

The U.S. has specifically accused him of conspiring with army intelligence analyst Chelsea Manning to decipher a password known as "hash" in order to access a classified U.S. Department of Defense computer and expose military secrets.

Assange's supporters argue that the U.S. is targeting him for political reasons after his journalism exposed alleged war crimes in Afghanistan and Iraq, as well as human rights abuses.

If the 49-year-old Australian is extradited and convicted in the U.S., he could be sentenced to 30 to 40 years in prison, his lawyers have said. His mother, Christine Assange, said on Twitter that he won't survive if he is extradited. Prosecutors have said he would face no more than 5¼ years behind bars.

Assange's lawyers said in a closing written submission to Baraitser that the prosecution had been politically motivated "during a unique period of U.S. history under the (President Donald) Trump administration."

The legal team representing the U.S. said federal prosecutors are forbidden to consider political opinion in making their decisions.

New indictment

The U.S. Justice Department issued a new indictment in June alleging that Assange conspired with members of hacking organizations and tried to recruit hackers at conferences in Europe and Asia who could provide WikiLeaks with classified information.

Assange's lawyer, Edward Fitzgerald, tried to delay the hearing, arguing in August that the indictment arrived too late for his team to review and respond to it properly. James Lewis represented the U.S. authorities.

Fitzgerald said he had not seen Assange face to face for six months, partly due to the coronavirus pandemic, according to the BBC. However, a bid to rule out the new charges was unsuccessful.

Speaking from a glass box in August, Assange said he did not consent to extradition.

The hearing lasted four weeks, with dozens of witnesses called to give evidence.

Locked up in Belmarsh

WikiLeaks published U.S. military video footage in 2010 showing a 2007 Apache helicopter attack in Baghdad that killed a dozen people. It then published thousands of secret military documents and diplomatic cables.

Soon after, Sweden tried to extradite Assange from Britain for alleged sex crimes. When he lost that case in 2012, he fled to the Ecuadorian Embassy in London and sought asylum.

Assange was arrested at the embassy in April 2019 for breaching his bail conditions and has since been held at the high-security Belmarsh Prison in southeast London.

Assange's partner, Stella Moris, told PA Media in the summer that her partner's has health was deteriorating.

"This is an attack on journalism," she said. "If he is extradited to the U.S. for publishing inconvenient truths about the wars in Iraq and Afghanistan, then it will set a precedent, and any British journalist or publisher could also be extradited in the future."

Moris launched a crowdfunding campaign last month to pay for Assange's legal fees. Over £175,000 ($239,000) has been pledged.





Roger

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By Craig MURRAY

It has been a long and tiring day, with the startlingly unexpected decision to block Julian’s extradition. The judgement is in fact very concerning, in that it accepted all of the prosecution’s case on the right of the US Government to prosecute publishers worldwide of US official secrets under the Espionage Act. The judge also stated specifically that the UK Extradition Act of 2003 deliberately permits extradition for political offences. These points need to be addressed. But for now we are all delighted at the ultimate decision that extradition should be blocked.

The decision was based equally on two points; the appalling conditions in US supermax prisons, and the effect of those conditions on Julian specifically given his history of depression. The media has concentrated on the mental health aspect, and given insufficient attention to the explicit condemnation of the inhumanity of the US prison system.

I was the only person physically present in the public gallery inside the court, having been nominated by John Shiption to represent the family, aside from two court officials. I am quite sure that I again noted magistrate Baraitser have a catch in her throat when discussing the inhumane conditions in US supermax prisons, the lack of human contact, and specifically the fact that inmates are kept in total isolation in a small cage, and are permitted one hour exercise a day in total isolation in another small cage. I noted her show emotion the same way when discussing the al-Masri torture evidence during the trial, and she seemed similarly affected here.

Julian looked well and alert; he showed no emotion at the judgement, but entered into earnest discussion with his lawyers. The US government indicated they will probably appeal the verdict, and a bail hearing has been deferred until Wednesday to decide whether he will be released from Belmarsh pending the appeal – which court sources tell me is likely to be held in April in the High Court. I should be very surprised if Julian is not released on Wednesday pending the appeal. I shall now be staying here for that bail hearing.

I apologise for not giving a full analysis of the judgement yet, it has all been rather hectic, but wonderful. Here is a brief video giving more detail. I can produce a more considered piece tomorrow.

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