Julian Assange wins appeal against extradition to US

by Mick the Ram

Julian Assange will be allowed to appeal against his extradition to the United States, after two judges responded to US assurances that he will not face the death penalty and can rely on the First Amendment right to free speech, if he faced a trial for spying.

The WikiLeaks founder faces prosecution in the US over an alleged conspiracy to obtain and disclose national defence information, after the publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars.

They claim his actions were reckless, damaged national security, and endangered the lives of agents, but the decision on appeal was made in Mr Assange’s favour, in the High Court in London on Monday 20 May.

In was during a two-day hearing in February, that lawyers for Mr Assange asked for permission to challenge a judge’s dismissal of the majority of his case to prevent his extradition.

The appeal is believed to be his final chance to avoid extradition, at the end of a saga which has rumbled on for more than a decade.

“Patently inadequate” assurances

The US authorities want to put Julian Assange on trial over 18 charges, nearly all under the Espionage Act, but judges ruled on Monday 20 May that Mr Assange can mount a fresh appeal against the extradition, after his lawyers argued the US assurances were “patently inadequate”.

Edward Fitzgerald KC, representing Assange, criticised the assurances of Joe Biden’s US administration at the hearing. He said: “Based on the principle of the separation of powers, the US court can and will apply US law, whatever the executive may say or do.”

Lawyer makes case for appeal

Continuing, he said that they accepted that the US have provided unambiguous promises not to charge any capital offence, but added that the assurance on freedom of speech would not necessarily protect his rights in a US trial, and therefore “was not an assurance at all”.

Explaining himself further, he said:”It assures only that Mr Assange ‘may seek to’ raise the First Amendment, but it is absent of an assurance as to how the prosecutor will act in response, the ability to raise and rely on the First Amendment means nothing.”

US representation puts forward argument

In response, James Lewis KC, representing the US government, insisted the “judicial branch of the United States will take due notice of this solemn assurance given by its government in the course of international relations.”

In written submissions, he said that Mr Assange’s conduct was “simply unprotected” by the First Amendment.

“The position of the US prosecutor is that no-one, neither US citizens nor foreign citizens, are entitled to rely on the First Amendment in relation to publication of illegally obtained national defence information giving the names of innocent sources to their grave and imminent risk of harm.”

He made the point that the principal applied equally to US citizens and non-US citizens irrespective of their nationality, or place of birth, and irrespective of where the conduct took place, though he added, “it is ultimately a question of law for the US courts”.

Appeal granted after listening to both sides of argument

Dame Victoria Sharp, sitting in the High Court with Mr Justice Johnson, said: “We have decided to give leave to appeal.”

Mr Assange’s lawyers hugged each other in court after the ruling. Directions for the appeal hearing are due to be set by the end of the week.

Assange no show due to ill-health

The 52-year-old Assange, who is currently being held in London’s high security Belmarsh prison, was offered the chance to attend court for today’s hearing, but was absent “on health grounds”, judges were told.

He will now have a number of months to prepare his appeal which will concern whether or not the US courts will protect his right to free speech as an Australian citizen.

His supporters say he is being persecuted for his work as a journalist and publisher, and the Wikileaks revelations exposed evidence of war crimes and torture.