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julian_assange_extradition_case_to_the_us [2020/02/16 17:40] – feistyspinach | julian_assange_extradition_case_to_the_us [2021/09/18 19:14] (current) – [The Espionage Act] editor117 | ||
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- | ====== Assange | + | |
+ | {{ : | ||
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+ | **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.** | ||
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+ | **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]]** | ||
- | **Last April the US submitted a request | + | **On January 4th 2021, district judge Vanessa Baraister rendered |
- | ** The full extradition hearing is set to begin in London on 24th February 2020, for one week, then to resume for three weeks on May 18th 2020.** | + | ===== Context ===== |
- | ====== 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:// | 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:// | ||
- | The charges all relate to Wikileaks journalistic activities of publishing authentic information in the interest of the public, many times in collaboration with other news outlets. Specifically in this case, the charges relate to the publishing by Wikileaks of documents transmitted by ex-army whistleblower Chelsea Manning, revealing US war crimes in Irak and Afghanistan. | + | The charges all relate to Wikileaks journalistic activities of publishing authentic information in the interest of the public, many times in collaboration with other news outlets. Specifically in this case, the charges relate to the publishing by Wikileaks of documents transmitted by ex-army whistleblower |
**Hence the charges basically equate journalism and truthtelling to treason, when in fact the duty of journalists, | **Hence the charges basically equate journalism and truthtelling to treason, when in fact the duty of journalists, | ||
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To let this extradition and prosecution happen would inaugurate an era darker than we know. | To let this extradition and prosecution happen would inaugurate an era darker than we know. | ||
- | ====== The indictment ====== | ||
- | https:// | + | ===== The indictment |
- | ====== Analysis of the indictment ====== | + | {{ : |
- | ==== WikiLeaks' | + | ==== First indictment ==== |
+ | |||
+ | {{ :: | ||
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+ | ==== The Superseding Indictment - 24-06-2020 ==== | ||
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+ | {{ docs: | ||
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+ | 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, | ||
+ | |||
+ | * Accusing Assange of a broadened alleged " | ||
+ | * Attempting to qualify WikiLeaks as an intelligence agency " | ||
+ | * doesnt formally **add** charges (as it would be illegal according to extradition treaties), yet heavily **modifies and broadens** the existing ones. | ||
+ | * Criminalizing the helping of Edward Snowden out of Hong-Kong. | ||
+ | * A lot of the alleged conspiracy relies on the testimony of **Sigurdur Thordarson** as //" | ||
+ | |||
+ | Redacted names in the indictment: | ||
+ | * WLA-2 = Daniel Domscheit-Berg | ||
+ | * WLA-3 = Jacob Appelbaum | ||
+ | * WLA-4 = Sarah Harrison | ||
+ | * " | ||
+ | * “NATO Country-1” = Iceland | ||
+ | |||
+ | US DoJ press release: | ||
+ | https:// | ||
+ | |||
+ | [[https:// | ||
+ | |||
+ | ==== Analysis of the indictment ==== | ||
+ | |||
+ | === WikiLeaks' | ||
https:// | https:// | ||
- | ==== 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:// | https:// | ||
- | ==== An attack on the press ==== | + | === An attack on the press === |
- | Whistleblower Daniel Ellsberg reacts to the indictment saying espionage charges against | + | See [[The "Assange |
- | https:// | + | 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 also [[In Defense of Julian Assange]] | 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 === |
+ | Opinion by filmmaker Laura Poitras, Dec. 21, 2020 | ||
- | Extradition treaty between the government of the United Kingdom of Great Britain and Northern Ireland and the United States of America | + | https:// |
- | https:// | + | === Assange and the Espionage Act === |
- | === Johnson: " | + | https:// |
- | Jeremy Corbyn praises Julian Assange and calls for extradition to US to be halted. The prime minister Boris Johnson acknowledged: | ||
- | https:// | ||
- | ==== Six legal arguments show why the US extradition of Julian Assange should be denied | + | ===== About Extradition ===== |
- | 1. Client-lawyer confidentiality breached | + | ==== History of Extradition ==== |
- | 2. The initial charge is flawed | + | === a John Stuart Mill quote ==== |
- | 3. Initial charge relies on co-operation from Manning | + | //" 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, |
- | 4. Additional charges raised | + | John Stuart Mill (Autobiography), |
- | 5. US legal precedent argues that Assange’s work is protected by the US Constitution | + | === The practice of extradition from antiquity to modern France and the United States === |
- | 6. Threats of violence against Assange mean he’s unable to receive a fair trial | + | https:// |
+ | === Terrorism, Criminal law, and Politics === | ||
- | https://www.thecanary.co/ | + | " |
- | ==== History ==== | + | Julia Jansson |
- | //" 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, | + | https://defend.wikileaks.org/wp-content/uploads/ |
- | John Stuart Mill (Autobiography), | + | ==== European Convention on Extradition ==== |
+ | European Convention on Extradition https:// | ||
- | ====== Spying on Assange inside the Ecuadorian Embassy ====== | + | ==== The UK-US extradition treaty |
+ | Extradition treaty between the government of the United Kingdom of Great Britain and Northern Ireland and the United States of America: | ||
- | ==== CIA spied on Julian Assange 24/7 in Ecuadorian embassy ==== | + | https:// |
- | https:// | + | === Critics of UK-US extradition treaty === |
- | === Assange suspected a Spanish security firm was spying on him in London === | + | **Johnson: " |
- | Judge De la Mata questioned Assange after sending a European Investigation Order (EIO) on September 25 requesting assistance from British authorities. As part of the request, the judge said that David Morales, owner of UC Global SL, “invaded the privacy of Assange and his lawyers by placing microphones inside the Ecuadorian embassy in London without consent from the affected parties.” The request also stated that the information thus collected was distributed to other people and institutions, including “authorities from Ecuador and agents from the United States.” | + | Jeremy Corbyn praises Julian |
- | https://english.elpais.com/ | + | https://www.independent.co.uk/news/uk/politics/jeremy-corbyn-julian-assange-extradition-us-wikileaks-war-crimes-a9331376.html |
- | === Three protected witnesses accuse Spanish ex-marine of spying on Julian | + | **While demanding |
- | According to the evidence provided by the witnesses – videos, audio tapes and dozens of emails the spying operation was intensive. Under Morales’s express orders, | + | High-ranking CIA agent Anne Sacoolas is charged with killing a teenage British citizen. While the US demands Julian |
- | The three witness statements all spoke of the phrases Morales used with his most-trusted workers in reference to the alleged collaboration with the US secret service: “We are playing in the first division, | + | https:// |
- | https:// | + | ==== Bars to extradition in Assange' |
- | === Will alleged CIA misbehavior set Julian Assange | + | {{ : |
+ | |||
+ | Legal arguments why the US extradition of Julian Assange should be denied include the nature of Assange' | ||
+ | |||
+ | They are exposed in the {{: | ||
+ | |||
+ | See also : https:// | ||
+ | |||
+ | === About the Political Offense Exception === | ||
+ | |||
+ | **The Political Offense Exception: Punishing whistleblowers abroad** | ||
+ | |||
+ | Mark Dell Kielsgard https:// | ||
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+ | **Queen Elizabeth won’t get involved in Julian Assange | ||
+ | |||
+ | 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. | ||
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+ | https:// | ||
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+ | |||
+ | ===== 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, | ||
- | A few days before Christmas, Julian Assange testified to a Spanish court that a Spanish security company, UC Global S.L., acting in coordination with the CIA, illegally recorded all his actions and conversations, | ||
- | Will such misbehavior, | ||
- | The Daniel Ellsberg case may be instructive. You may recall that after the U.S. Supreme Court’s decision in the “Pentagon Papers” case, Ellsberg was indicted under the Espionage Act for leaking Pentagon documents to The New York Times and The Washington Post. | ||
- | After the trial commenced in San Francisco, it was brought to the judge’s attention that the “White House plumbers” broke into the office of Ellsberg’s psychiatrist. Based on that information and other complaints of government misbehavior, | ||
- | For similar reasons, the case against Assange should be dismissed, if it reaches the U.S. courts. | ||
- | The usual remedy for warrantless surveillance is to exclude any illegally obtained information from the trial, but that remedy is inapplicable here. The government’s advantage in surveilling Assange is not the acquisition of tangible evidence but, rather, intangible insights into Assange’s legal strategy. There is no way, therefore, to give Assange a fair trial, since his opponents will know every move he will make. | ||
- | When Assange begins his extradition hearing, this will be part of his argument — that the CIA’s misbehavior violates his human rights by depriving him of his right to a fair trial. | ||
- | https:// | ||
- | == The practice of extradition from antiquity to modern France and the United States == | ||
- | https:// | ||