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--- the_persecution_and_prosecution_of_assange_and_wikileaks--faq [2021/04/02 17:27] – editor42
+++ the_persecution_and_prosecution_of_assange_and_wikileaks--faq [2021/08/10 09:33] (current) – [The Persecution and Prosecution of Assange and WikiLeaks FREQUENTLY ASKED QUESTIONS (F.A.Q)] editor42
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-**Click on the questions to open and read the answers.**
-Display all the answers:
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 ===== THE POLITICAL PERSECUTION OF ASSANGE AND WIKILEAKS - WAR ON JOURNALISM =====
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   * **"espionage"**; for *receiving and detaining* classified material. If this was validated by the court, then every news organisation who ever worked with WikiLeaks, every NGO and individual who would have *seen* the material, possibly even after publication, could potentially be prosecuted under the same charges (even though this material, revealing massive war crimes and corruption, was clearly of immense interest to the public).
-Charges against Assange are a **"parallel construction"**. The FBI and the US Department of Justice (DoJ), most likely with the help of intelligence services, were piecing facts things together to back a broad overarching legal theory - namely, statements by FBI informants and notorious felons who were caught by courts impersonating Assange, public speeches held at hacker congresses, jokes between unidentified participants in chat logs, etc. According to the indictment it seems that ,back in 2010, all the Internetz were -under instructions from Assange- conspiring against USA's national security...
+Charges against Assange are a **"parallel construction"**. The FBI and the US Department of Justice (DoJ), most likely with the help of intelligence services, were piecing facts together to back a broad overarching legal theory - namely, statements by FBI informants and notorious felons who were caught by courts impersonating Assange, public speeches held at hacker congresses, jokes between unidentified participants in chat logs, etc. According to the indictment it seems that, back in 2010, all the Internetz were -under instructions from Assange- conspiring against USA's national security...
 The charges relate to publications by Wikileaks in 2010 of classified information about the US terror wars in Iraq and Afghanistan and actions dating up to 2013 (such as helping whistleblower Edward Snowden escape to Hong-Kong and save his life!).
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 {{ :supermax-florence-mn-0530_a70c1b23ba76d645e84d0f6628fd51c5.nbcnews-ux-2880-1000.jpg?300|}}If extradited, Assange faces a maximum of **175 years in prison**.
-It has been established during the extradition hearing, thanks to affidavits from the US DoJ, that even while awaiting his trial, Assange will be held i**n the Supermax prison (the most secure in the USA) of [[https://www.nbcnews.com/news/us-news/new-prison-would-be-safer-harsher-much-colder-guantanamo-n542741|Florence, Colorado]], in its X block** (the most secure of them), and most probably under Special Administrative Measures (SAMs) that would further isolate him. In practice** he would stay 23h/day in his individual cell**, would be prevented from meeting any other inmates, and may (or not) be granted one 15 minute phone call per month.
+It has been established during the extradition hearing - thanks to affidavits from the US DoJ - that even while awaiting his trial, Assange would be held in the U.S. Penitentiary, Administrative Maximum Security facility in Florence, Colorado, known as **[[https://en.wikipedia.org/wiki/ADX_Florence|ADX Florence]]** and dubbed the "[[https://www.nbcnews.com/news/us-news/new-prison-would-be-safer-harsher-much-colder-guantanamo-n542741|Alcatraz of the Rockies]]". It is the US Federal Bureau of Prisons (BOP)'s [[https://www.popsci.com/adx-florence-prison-design/|highest security 'supermax' prison]]. Assange would likely be held in the prison's **H unit** (the most secure of them), and most probably under Special Administrative Measures (SAMs) that would further isolate him. In practice he would remain **23h/day in his individual 7' by 12' (2x3.5m) cell**, would be prevented from meeting any other inmates, and may (or not) be granted one 15 minute phone call per month.
-In practice these measures amount to solitary confinement. Endured **for more than two weeks and more than 22h/day of isolation, it becomes *torture***, according to the UN. The UN Special Rapporteur on Torture, Nils Melzer, already confirmed that years of arbitrary detention endured by Assange (first in the Ecuadorian embassy, where it was obvious that he wouldn't be able to leave without being arrested and deported to the US, then in the Belmarsh prison where he is now), along with total surveillance and brutal character assassination, amount to psychological torture.
+Read [[https://www.amnestyusa.org/wp-content/uploads/2017/04/amr510402014en.pdf|Amnesty International's 2014 report 'ENTOMBED']] on the conditions at ADX Florence.
+In practice these measures amount to solitary confinement. **22h/day and over of isolation, endured for two weeks and more consist of torture**, according to the UN. The UN Special Rapporteur on Torture, Nils Melzer, already confirmed that years of arbitrary detention endured by Assange (first in the Ecuadorian embassy, where it was obvious that he wouldn't be able to leave without being arrested and deported to the US, then in the Belmarsh prison where he is currently held), along with total surveillance and brutal character assassination, amount to psychological torture.
 Expert testimonies at the extradition hearing described **Assange's physical and mental health as very preoccupying**. Coupled with him being diagnosed on the autistic spectrum, it makes it very likely that he could **attempt suicide rather than endure this persecution**. (A razor blade was found in his cell in Belmarsh, but the prison doctor didn't deem it relevant enough to mention in his medical record...)
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 **Spying of client-attorney discussion and material**
-{{ ::screenshot_surveillance_phones_embassy.jpg?300|}}Through the testimony of two former employees of UC Global, the Spanish security company first hired to protect Assange and the embassy, that later went on to spy on him for the US, the defence demonstrated that Assange's most private conversations with his lawyers were recorded. The confidentiality of a client-attorney relationship is a prerequisite for any trial to be considered fair. In Assange's case it is obvious that the prosecution has a disproportionate advantage over the defence. Furthermore, all of his belongings in the Ecuadorian embassy were seized and sent to the US, including material covered by the client-attorney privilege, along with his private medical records.
+{{ ::screenshot_surveillance_phones_embassy.jpg?300|}}Through the testimony of two former employees of UC Global, the Spanish security company first hired to protect Assange and the Ecudorian Embassy, that later went on to spy on him for the US, the defence demonstrated that Assange's most private conversations with his lawyers were recorded. The confidentiality of a client-attorney relationship is a prerequisite for any trial to be considered fair. In Assange's case it is obvious that the prosecution has a disproportionate advantage over the defence. Furthermore, all of his belongings in the Embassy were seized and sent to the US, including material covered by the client-attorney privilege, along with his private medical records.
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 **Prosecution story changes all the time...**
-It is also worth noting that [[#what_is_julian_assange_actually_accused_of|current accusations]] are based on a [[superseding_indictment_-_24-06-2020|second superceding indictment]], telling a completely different story than the previous one, that was published (via a press release, and not even sent to the defense, the prosecution or the judge herself!) on June 24th 2020, one month after the deadline for the defense to present their evidence and line their witnesses up. The defense had a few months to prepare against a completely different story, that would have required completely different witnesses, etc.
+It is also worth noting that [[#what_is_julian_assange_actually_accused_of|current accusations]] are based on a [[superseding_indictment_-_24-06-2020|second superseding indictment]], telling a completely different story from the previous one! It was published via a press release (and not even sent to the defense, the prosecution or the judge herself!) on June 24th 2020, just one month after the deadline given to the defence to present their evidence and line up their witnesses. The defence was given a few months to prepare against a completely different story, that would have required completely different witnesses, etc.
-It is likely that the US prosecution did this, not only to confuse the defense and make their work much harder, but also maybe the core of their arguments, about the alleged conspiracy between Assange and Manning, didnt seem to hold up very well in court during the [[usa_vs_julian_assange_extradition_hearing_part_1_24-28_feb|first part of the hearing]]...
+It is likely that the US prosecution did this, not only to confuse the defence and make their work much harder, but perhaps also because the core of their arguments, concerning the alleged conspiracy between Assange and Manning, didn't seem to hold up very well in court during the [[usa_vs_julian_assange_extradition_hearing_part_1_24-28_feb|first part of the hearing]]...
 Such a blatant violation of the rights of the defense should have sufficed to dismiss the whole case (if it wasn't indeed politically motivated...).
-**A "secret" trial in front of the "espionnage court"**
+**A "secret" trial in front of the "espionage court"**
 In addition, Assange will be tried in the court of the Eastern District of Virginia. This is significant because it is in this district that most of the U.S. intelligence agencies have their headquarters, as well as the headquarters of their many private contractors. In practice, an estimated 80% of the population of this district would be directly linked to the intelligence sector... Drawing juries "at random" in this district inevitably amounts to appointing individuals with a strong bias to defend the interests of US intelligence. Moreover, this "espionage court", before which // no defendant // has ever been acquitted, can - for reasons of national security, obviously - act behind closed doors and on the basis of //"secret evidence"//.
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 ==== If Assange is found guilty, will journalists who published WikiLeaks documents be also be prosecuted?====
-{{ :memes:this_is_fine.jpg?500|}}The US government is claiming that Assange is not a journalist and that WikiLeaks' reception, analysis and authentication of documents isn't journalism. This is done in order to break support from journalists and the mainstream press at large. If they don't support him and let him go to the US, they would be complicit in this strategy, which precisely aims at creating a precedent where any of them could be next.
+{{ :memes:this_is_fine.jpg?500|}}The US government is claiming that Assange is [[https://caitlinjohnstone.com/2019/04/07/assange-is-not-a-journalist-yes-he-is-idiot/|not a journalist]] and that WikiLeaks' reception, analysis and authentication of documents isn't journalism. This is done in order to break support from journalists and the mainstream press at large. If they don't support him and let him go to the US, they would be complicit in this strategy, which precisely aims at creating a precedent where any of them could be next.
 During the extradition hearing, the prosecution representing the US clearly stated that the US Espionage Act *could* be used against any journalist revealing national security information. It just hadn't been used for that purpose... thus far.
-It is also worth noting that the US DoJ already expressed their position: as Assange is not a US citizen (then why should he be tried under US law?), he wouldn't benefit from the "first amendment" protection. Any non-US journalist in the world could hence be threatened by the same legal construction: charged under the United States' Espionage Act, but not protected under its First Amendment...
+It is also worth noting that the US DoJ already expressed their position: as Assange is not a US citizen (then why should he be tried under US law?), he wouldn't benefit from "First Amendment" protection. Any non-US journalist in the world could hence be threatened by the same legal construction: charged under the United States' Espionage Act, but not protected under its First Amendment...
-While the prosecution claimed that they wouldn't go after the biggest news outlets (New York Times, Guardian, etc.) who partnered with WikiLeaks while releasing the 2010 logs, video and cables, nothing in their argumentation seems to guarantee that. Nothing was mentioned about not using the same legal persecution against smaller news organisations.
+While the prosecution claimed that they wouldn't go after the biggest news outlets (New York Times, Guardian, etc.) who partnered with WikiLeaks in releasing the 2010 logs, video and cables, nothing in their argumentation seems to guarantee that. Nothing was mentioned about not using the same legal persecution against smaller news organisations.
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 After October 1st, the defence team has one month to write their closing statement, after which time the prosecution has two weeks to send their comments (the defense will then have one more week to comment on legal points raised by the prosecution).
-The verdict is expected to be announced on January 4th 2021.
+The verdict is expected to be announced on January 4th 2021. ☞ More info on [[https://challengepower.info/usa_uk_vs._assange/4th_jan_2021_-_extradition_verdict|the verdict]]
 Whatever the decision, it is likely that the losing party will appeal to the High Court. It could then move on to the UK Supreme Court, and even to the European Court for Human Rights.
+**Stay informed** on the next steps of the procedure using this regularly updated [[https://challengepower.info/flowchart_extradition_assange_next_steps_after_january4_2021|flowchart]]
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-==== Why is he still in a super-max jail today?====
+==== Why is he still held in a super-max prison today?====
-{{ :london_belmarsh_prison_aerial_view.jpg?nolink&450|}}Good question!  A multi-award winning publisher, nominated for the Nobel Peace Prize, sits in a super-max prison nicknamed "the UK Guantanamo" with mass-murderers, terrorist-suspects and other violent criminals, while the authors of the war crimes he denounced keep enjoying their freedom and impunity...
+{{ :london_belmarsh_prison_aerial_view.jpg?nolink&450|}}Good question!  A [[https://challengepower.info/assange_s_awards_and_recognition|multi-award winning publisher]], nominated for the Nobel Peace Prize, sits in a super-max prison nicknamed "the UK Guantanamo" with mass-murderers, terrorist-suspects and other violent criminals, while the authors of the war crimes he denounced keep enjoying their freedom and impunity...
 When Assange was detained in the "medical" wing of the prison -which many witnesses describe as having worse conditions of isolation than the rest of the prison- the prisoners of Belmarsh themselves petitioned -three times- to the prison direction to end this unfair treatment.
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 ==== What is the current situation of Julian Assange's case? [April 2021] ====
+{{ :street_art:collateral_crucifixion-captain_borderlinemedia_berlin.jpeg?250|}}
-{{ :assange_in_a_glass_cage_woolwich_court_feb2020.jpg?nolink&200|}}A [[usa_uk_vs._assange/4th_jan_2021_-_extradition_verdict|first instance decision]] was issued on Jan. 4th 2021 by the Westminster Court of Magistrates, to NOT EXTRADITE Assange to the US. Yet the decision rested solely on the basis of his poor health and the fact that he wouldn't withstand the terrible conditions of the US prison system. (read below for more).
+A [[usa_uk_vs._assange/4th_jan_2021_-_extradition_verdict|first instance decision]] was issued on Jan. 4th 2021 by the Westminster Court of Magistrates, to NOT EXTRADITE Assange to the US. Yet the decision rested solely on the basis of his poor health and the fact that he wouldn't withstand the terrible conditions of the US prison system. (read below for more).
 The case is indeed likely to be brought to appeal, perhaps as early as April-May 2021. The main questions being: Will the appeal...
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 At first the decision may look like a victory;  Assange should not be extradited!
-...but when read in detail
+...but when read in details, it appears truly concerning :
   * the only reason for him to not be extradited is a combination of his poor health and how terrible the US prison system is;
-  * the rest of the decision negates the journalistic and political nature of WikiLeaks' work. Major releases of documents related to war crimes are judged as neither being of general interest, nor political.
-s, it appears truly concerning :
+  * the rest of the decision negates the journalistic and political nature of WikiLeaks' work; major releases of documents relating to war crimes are deemed by a court judge as **not** of general interest, neither are they considered political in nature.
   * the rest of the decision also negates the diligent efforts made to redact out of the released materials any sensitive information that could put anybody at risk.
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 At the time of writing, it is certain that:
-  * The US will appeal the first instance decision of Jan. 4th;
-  * The US Accusation submitted their "grounds for appeal" (they will likely question Assange's mental health diagnosis and challenge parts of the decision declaring the US prison system too harsh for him to be sent there);
+The Prosecution (USA)
-  * The Defense team filed in their "respondent's notice", in response to the grounds of the US accusation;
-  * The Defense team should file in their "cross-appeal notice" (deadline postponed to April 6th), requesting that the appeal ALSO concern the rest of the decision, thus attempting to cancel parts of the decision denying the journalistic and political nature of WikiLeaks and Assange's work.
+  * (A) The US will appeal the first instance decision of Jan. 4th;
+  * (B) The US Accusation submitted their "grounds for appeal". They will likely question Assange's mental health diagnosis and challenge parts of the decision declaring the US prison system too harsh for him to be sent there);
+The Defence (Assange)
+  * (C) The Defence team filed in their "respondent's notice", in response to the grounds of the US accusation (B);
+  * (D) The Defence team should file in their "cross-appeal notice" (deadline postponed to April 6th), most likely requesting that the appeal ALSO concern the rest of the decision, thus attempting to cancel parts of the decision denying the journalistic and political nature of WikiLeaks and Assange's work.
 Next steps will be:
-  * the US accusation submitting their "respondent's notice" to the "cross-appeal notice" (sic) filed in by the defense;
+  * (E) the US accusation submitting their "respondent's notice" to the "cross-appeal notice" (sic) filed in by the defence (D);
-  * a decision by one judge in the Court of Appeal to allow this appeal;
+  * (F) A Court of Appeal judge will decide whether or not to allow this appeal (E);
-  * appeal hearing (that could be in the same hearing as the decision to allow the appeal) and decision;
+  * (G) Subject to authorisation, the appeal hearing (regarding E) will take place - possibly at the same hearing where the authorisation decision (F) itself will be given.
+  * (H) The decision;
-Depending on the result of the appeal, there may or may not be an appeal-of-the-appeal before the supreme court.
+Depending on the result of the appeal (H), there may or may not be an appeal-of-the-appeal (I...?) before the Supreme Court.
 ==== Will Assange's situation change now that Biden is the president of the US? ====
 {{ :the_actors:usgov:300x300-1200px-seal_of_the_central_intelligence_agency.svg.png?nolink&150|}}
-The Biden administration [[https://www.nytimes.com/2021/02/12/us/politics/julian-assange-extradition.html|announced that they would continue Trump's prosecution and extradition attempt of Assange]].
+Biden's Department of Justice [[https://www.nytimes.com/2021/02/12/us/politics/julian-assange-extradition.html|announced that they would continue Trump's prosecution and extradition attempt of Assange]].
-This is in spite of  the Obama administration's previous conclusions that [charges against Assange should be dropped as they would create a dangerous precedent for press freedom], and consistent with [[https://www.youtube.com/watch?v=nF8WRFw5sHQ|Biden's 2010 declaration about Assange being a "high-tech terrorist"]] (sic).
+This is in spite of  the Obama administration's previous conclusions that [charges against Assange should be dropped as they would create a dangerous precedent for press freedom], and consistent with Biden's 2010 declaration about Assange being a "high-tech terrorist" (sic):
+{{ https://challengepower.info/_media/videos/assange_a_high_tech_terrorist_biden.mp4 }}.
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 What is clear at this stage is that:
-  * [[superseding_indictment_-_24-06-2020|the US indictment against Assange]] refers to other people associated with WikiLeaks, so they may also be sued for "espionage" in the US in the future, and we may be faced with attempts of extradition as well;
+  * [[superseding_indictment_-_24-06-2020|the US indictment against Assange]] refers to other people associated with WikiLeaks, so they may also be charged with "espionage" in the US in the future, and we may be faced with attempts of extradition as well;
   * the whole [[superseding_indictment_-_24-06-2020|indictment]] (accusation) against Assange rests on the legal construction of a "conspiracy" ;  the only "legal" way to have a non-US citizen charged under the US charges of espionage, intended to apply to US citizens only. Consequently other people in contact/working with Assange could potentially be part of a maximalist interpretation of such "conspiracy". Another evidence, if one is needed, that the whole case is indeed political?
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 ==== Where is Assange right now? [April 2021] ====
-{{ :london_belmarsh_prison_aerial_view.jpg?nolink&200|}}
+{{ :belmarsh-prison-1024x576.jpg?150|}}
-Since being unlawful dragged out of the Ecuadorian Embassy on April 11th 2019, Assange has been incarcerated in the [[belmarsh_high-security_prison|maximum-secuirty prison of Belmarsh (dubbed "the British Guantanamo")]], along with murderers and terrorists, with little-to-no access to visitors. He spends more than 23h/day in his cell in conditions that seem punitive and akin to solitary confinement.
+Since being unlawfully dragged out of the Ecuadorian Embassy on April 11th 2019, Assange has been incarcerated in the [[belmarsh_high-security_prison|maximum-secuirty prison of Belmarsh (dubbed "the British Guantanamo")]], along with murderers and terrorists, with little-to-no access to visitors.
+He spends more than 23h/day in his cell in conditions that seem punitive and akin to solitary confinement.
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 {{ :street_art:afk_lady-justice-3.jpg?800 |"Lady Justice" by Norwegian street-artist AFK}}