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--- julian_assange_extradition_case_to_the_us [2020/08/03 11:15] – editor42
+++ julian_assange_extradition_case_to_the_us [2021/09/18 19:14] (current) – [The Espionage Act] editor117
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 ====== Julian Assange Extradition Case to the US ======
-Last April the US submitted a request to the UK to extradite WikiLeaks founder Julian Assange, who is charged with 17 Espionage Act offenses, and 1 count of conspiracy to commit computer crime (for allegedly attempting to protect a source’s anonymity). He risks a possible 175 years prison sentence.
+{{ :campaign_material:dont_extradite_assange-flag.png?300|}}
-**The extradition hearing began in London on 24th February 2020**
+**In April 2019 the US submitted a request to the UK to extradite WikiLeaks founder Julian Assange, who is charged with 17 Espionage Act offenses, and 1 count of conspiracy to commit computer crime (for allegedly attempting to protect a source’s anonymity). He risks a possible 175 years prison sentence.**
-This hearing will last for one week. The case is set to [[usa_uk_vs_julian_assange_-_extradition_hearing_part_2|resume for up to three to four weeks on September 7th 2020]].
+**The extradition hearing took place in London in [[USA vs Julian Assange extradition hearing Part 1 24-28 Feb|February 2020]]and [[usa_uk_vs_julian_assange_-_extradition_hearing_part_2|September 2020]]**
-{{ :us_vs_assange.png?nolink&600 |}}
+**On January 4th 2021, district judge Vanessa Baraister rendered the [[https://www.judiciary.uk/judgments/usa-v-julian-assange/|first instance verdict]]: she ruled Assange cannot be extradited to the US on the grounds //it would be unjust and oppressive to extradite him by reason of his medical condition//. However, she did not accept as valid the other important bars to extradition {{:eh2_court_documents:2020.11.06_assange_extradition_hearings_assange_defence_closing_submissions.pdf|the defense team had brought to her attention}}, that Assange is a journalist and the charges against him are political. The freedom of the press is still very much under threat. Assange was denied bail. The US has appealed**
-==== Court Hearings ====
-  * [[usa_vs_julian_assange_extradition_hearing_part_1_24-28_feb|Part 1 February 24 - 28]]
+===== Context =====
-  * [[usa_uk_vs_julian_assange_-_extradition_hearing_part_2|Part 2 September 7 - ?]]
-====== Context ======
+**See also [[Political persecution of Assange and WikiLeaks]]**
 Wikileaks founder and journalist Julian Assange is held at [[Belmarsh high-security prison]] in London, since April 2019 when Ecuador terminated the political asylum [[http://www.digitaljournal.com/article/330913 | granted to him in 2012]] under Correa's presidency, rendered him to the UK authorities and the USA officially requested to the UK his extradition for trial. Indeed after years of investigation by a secret grand jury in the USA, paralleled by [[https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24665 | multiparty political persecution which severely damaged his body and mind]], Julian Assange is now charged in the USA with 17 Espionage Act offenses,  and 1 count of conspiracy to commit computer crime for allegedly attempting to protect a source’s anonymity - totaling a possible 175 years prison sentence.
@@ Line 27: / Line 23: @@
 To let this extradition and prosecution happen would inaugurate an era darker than we know.
-{{ :campaign_material:somerset_bean:infographics:sb-one-year-red-charges.png?600 |}}
-{{ :campaign_material:somerset_bean:infographics:sb-one-year-rblue-tortured.png?600 |}}{{ :campaign_material:somerset_bean:infographics:sb-one-year-special-tx.png?600 |}}
+===== The indictment =====
-====== The indictment ======
+{{ :us_vs_assange.png?nolink&600 |}}
+==== First indictment ====
 {{ ::assange-indictment.pdf |PDF version of the March 6th 2018 indictment}}. Also available as [[Indictment 06-03-2018 Full text|full-text]].
+==== The Superseding Indictment - 24-06-2020 ====
-====== The Superseding Indictment - 24-06-2020 ======
 {{ docs:superceding_indictment_p1.png?300|}}
 On June 24th 2020, the US published a [[superseding_indictment_-_24-06-2020|new version of the indictment of Assange]], as a //new// base for requesting his US extradition. In a rather unusual move, the US are changing the nature of the accusations, while the extradition hearing (trial) is already going on. {{ ::06_24_20_returned_redacted_foreperson_name_0.pdf |Original PDF version}} and [[superseding_indictment_-_24-06-2020| full-text (OCR) version of the superseding indictment]], copy-pastable with table of content and links to sections, sub-sections, etc.
@@ Line 56: / Line 56: @@
 [[https://shadowproof.com/2020/06/25/assange-indictment-wikileaks-staff-criminalized-help-snowden/|US Government Expands Assange Indictment To Criminalize Assistance Provided To Edward Snowden]] - ShadowProof 25/06/2020
-====== Analysis of the indictment ======
+==== Analysis of the indictment ====
-==== WikiLeaks' response to the indictment ====
+=== WikiLeaks' response to the indictment ===
 https://wikileaks.org/WikiLeaks-response-espionage-act.html
-==== Media analysis of the indictment, as compiled by WikiLeaks defence fund run by Courage foundation ====
+=== Media analysis of the indictment, as compiled by WikiLeaks defence fund run by Courage foundation ===
 https://defend.wikileaks.org/2019/06/05/media-analysis-of-julian-assanges-superseding-indictment/
-==== An attack on the press ====
+=== An attack on the press ===
-Whistleblower Daniel Ellsberg reacts to the indictment saying espionage charges against Assange are the most significant attack on the press since the Pentagon Papers
+See [[The "Assange Precedent"]]: how Assange's case impacts journalism worldwide.
-https://www.youtube.com/watch?v=SJuCNrRXxC4&feature=youtu.be
+Whistleblower Daniel Ellsberg reacts to the indictment saying espionage charges against Assange are the most significant attack on the press since the Pentagon Papers https://www.youtube.com/watch?v=SJuCNrRXxC4&feature=youtu.be
 See also [[In Defense of Julian Assange]]
-====== About Extradition ======
+==== The Espionage Act ====
-==== The UK-US extradition treaty ====
+=== I am guilty of violating the Espionage Act ===
-Extradition treaty between the government of the United Kingdom of Great Britain and Northern Ireland and the United States of America
+Opinion by filmmaker Laura Poitras, Dec. 21, 2020
-https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/243246/7146.pdf
+https://www.nytimes.com/2020/12/21/opinion/laura-poitras-assange-espionage-act.html
-==== Critics ====
+=== Assange and the Espionage Act ===
-=== Johnson: "Elements of extradition arrangements with the U.S. are imbalanced." ===
+https://consortiumnews.com/2021/07/07/the-espionage-act-julian-assange-2-the-espionage-acts-uk-origins/
-Jeremy Corbyn praises Julian Assange and calls for extradition to US to be halted. The prime minister Boris Johnson acknowledged: “To be frank, I think Mr Corbyn has a point in his characterisation of our extradition arrangements with the United States and I do think there are elements of that relationship that are imbalanced. I certainly think it is worth looking at.”
-https://www.independent.co.uk/news/uk/politics/jeremy-corbyn-julian-assange-extradition-us-wikileaks-war-crimes-a9331376.html
-=== While demanding Assange, US refuses to extradite CIA agent who killed British teen ===
+===== About Extradition =====
-High-ranking CIA agent Anne Sacoolas is charged with killing a teenage British citizen. While the US demands Julian Assange’s extradition, it refuses to give up its spy.
+==== History of Extradition ====
-https://thegrayzone.com/2020/02/18/assange-us-extradite-cia-killed-british-teen/
+=== a John Stuart Mill quote ====
-=== Australian MPs call on UK to block US extradition ===
+//" Among other matters of importance in which I took an active part, but which excited little interest in the public, two deserve particular mention. I joined with several other independent Liberals in defeating an Extradition Bill introduced at the very end of the session of 1866, and by which, though surrender avowedly for political offences was not authorized, political refugees, if charged by a foreign Government with acts which are necessarily incident to all attempts at insurrection, would have been surrendered to be dealt with by the criminal courts of the Governments against which they had rebelled : thus making the British Government an accomplice in the vengeance of foreign despotisms"//
-https://www.theguardian.com/media/2020/feb/18/julian-assange-australian-mps-uk-boris-johnson-block-us-extradition
+John Stuart Mill (Autobiography), quoted by Naomi Colvin in the 36C3 talk [[https://media.ccc.de/v/36c3-11090-the_case_against_wikileaks_a_direct_threat_to_our_community#t=1979|The case against WikiLeaks]]
-==== Bars to extradition in Assange's case ====
+=== The practice of extradition from antiquity to modern France and the United States ===
-=== Six legal arguments show why the US extradition of Julian Assange should be denied ===
+https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1575&context=iclr
-. Client-lawyer confidentiality breached
+=== Terrorism, Criminal law, and Politics ===
-. The initial charge is flawed
+"Recent  atrocities  have  ensured  that  terrorism  and  how  to  deal  with  terrorists  legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of ter-rorism and political crime from legal, political science and criminological perspec-tives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies."
-. Initial charge relies on co-operation from Manning
+Julia Jansson
-. Additional charges raised by the US are political
+https://defend.wikileaks.org/wp-content/uploads/2020/02/1006908.pdf
-. US legal precedent argues that Assange’s work is protected by the US Constitution
+==== European Convention on Extradition ====
-. Threats of violence against Assange mean he’s unable to receive a fair trial
+European Convention on Extradition https://rm.coe.int/1680064587
-https://www.thecanary.co/uk/analysis/2020/01/25/six-legal-arguments-show-why-the-us-extradition-of-julian-assange-should-be-denied/
+==== The UK-US extradition treaty ====
-=== Spying on Assange & lawyers inside Ecuadorian Embassy ===
+Extradition treaty between the government of the United Kingdom of Great Britain and Northern Ireland and the United States of America:
-See  [[Spying on Assange inside the Ecuadorian Embassy]]
+https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/243246/7146.pdf
-==== About the Political Offense Exception ====
+=== Critics of UK-US extradition treaty ===
-=== The Political Offense Exception: Punishing whistleblowers abroad ===
+**Johnson: "Elements of extradition arrangements with the U.S. are imbalanced."**
-Mark Dell Kielsgard https://www.ejiltalk.org/the-political-offense-exception-punishing-whistleblowers-abroad/
+Jeremy Corbyn praises Julian Assange and calls for extradition to US to be halted. The prime minister Boris Johnson acknowledged: “To be frank, I think Mr Corbyn has a point in his characterisation of our extradition arrangements with the United States and I do think there are elements of that relationship that are imbalanced. I certainly think it is worth looking at.”
-=== Queen Elizabeth won’t get involved in Julian Assange case because it’s a POLITICAL matter ===
+https://www.independent.co.uk/news/uk/politics/jeremy-corbyn-julian-assange-extradition-us-wikileaks-war-crimes-a9331376.html
-A Buckingham Palace spokeswoman has said the Queen will not intervene to release Julian Assange, vowing to remain “non-political.” The statement seemingly confirms that Assange’s detention is a political, not criminal, matter.
+**While demanding Assange, US refuses to extradite CIA agent who killed British teen**
-https://www.rt.com/uk/480974-queen-elizabeth-julian-assange/
+High-ranking CIA agent Anne Sacoolas is charged with killing a teenage British citizen. While the US demands Julian Assange’s extradition, it refuses to give up its spy.
+https://thegrayzone.com/2020/02/18/assange-us-extradite-cia-killed-british-teen/
-===== European Convention on Extradition =====
+==== Bars to extradition in Assange's case ====
-European Convention on Extradition https://rm.coe.int/1680064587
+{{ :campaign_material:toeornottoewrite.png?400 |}}
-===== History of Extradition =====
+Legal arguments why the US extradition of Julian Assange should be denied include the nature of Assange's work as a journalist and publisher and that the charges against him are political, as well as due process violations, [[Spying on Assange inside the Ecuadorian Embassy|spying on Assange and his lawyers]], and [[https://challengepower.info/political_persecution_of_assange_and_wikileaks#damages_to_assange_s_healthaccess_to_healthcare_denied|his bad physical and mental health]].
-=== John Stuart Mill quote ====
+They are exposed in the {{:eh2_court_documents:2020.11.06_assange_extradition_hearings_assange_defence_closing_submissions.pdf| defence closing statement}}
-//" Among other matters of importance in which I took an active part, but which excited little interest in the public, two deserve particular mention. I joined with several other independent Liberals in defeating an Extradition Bill introduced at the very end of the session of 1866, and by which, though surrender avowedly for political offences was not authorized, political refugees, if charged by a foreign Government with acts which are necessarily incident to all attempts at insurrection, would have been surrendered to be dealt with by the criminal courts of the Governments against which they had rebelled : thus making the British Government an accomplice in the vengeance of foreign despotisms"//
+See also : https://www.thecanary.co/uk/analysis/2020/01/25/six-legal-arguments-show-why-the-us-extradition-of-julian-assange-should-be-denied/
-John Stuart Mill (Autobiography), quoted by Naomi Colvin in the 36C3 talk [[https://media.ccc.de/v/36c3-11090-the_case_against_wikileaks_a_direct_threat_to_our_community#t=1979|The case against WikiLeaks]]
+=== About the Political Offense Exception ===
+**The Political Offense Exception: Punishing whistleblowers abroad**
-=== The practice of extradition from antiquity to modern France and the United States ===
+Mark Dell Kielsgard https://www.ejiltalk.org/the-political-offense-exception-punishing-whistleblowers-abroad/
-https://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1575&context=iclr
+**Queen Elizabeth won’t get involved in Julian Assange case because it’s a POLITICAL matter**
-=== Terrorism, Criminal law, and Politics ===
+A Buckingham Palace spokeswoman has said the Queen will not intervene to release Julian Assange, vowing to remain “non-political.” The statement seemingly confirms that Assange’s detention is a political, not criminal, matter.
+https://www.rt.com/uk/480974-queen-elizabeth-julian-assange/
+===== USA vs Assange Extradition Hearings =====
+  * [[usa_vs_julian_assange_extradition_hearing_part_1_24-28_feb|Part 1 February 24 - 28, 2020]]
+  * [[usa_uk_vs_julian_assange_-_extradition_hearing_part_2|Part 2 September 7 - October 1st 2020]]
+  * [[Extradition hearing first instance verdict - No US extradition, but...]]
-"Recent  atrocities  have  ensured  that  terrorism  and  how  to  deal  with  terrorists  legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of ter-rorism and political crime from legal, political science and criminological perspec-tives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies."
-Julia Jansson
-https://defend.wikileaks.org/wp-content/uploads/2020/02/1006908.pdf