Julian Assange Wins Ability to Appeal Extradition

#JulianAssange #FreeAssange

The Decision:

The judges of the UK High Court grant Mr. Julian Assange the permission to appeal on grounds 4 and 5 (related to discrimination based on his nationality and the First Amendment) and on all counts.

“In respect of the appeal in relation S 103 of the Extradition Act we have decided to give legal appeal on grounds 4 and 5 on all counts on the second superseding indictment. *Court adjourned*”

Live Updates during Court Proceedings:

Taylor Hudak on Telegram: https://t.me/taylorhudak

Richard Medhurst on X: https://x.com/richimedhurst

Free Assange on X: https://x.com/FreeAssangeNews/status/1792489032351367519

May 20, 2024 Press Conference:

All day Video feed: Press Conference is at 8:15:45 in video: https://x.com/i/broadcasts/1OyJAWYeNraKb

LONDON- Stella Assange speaking outside just after leaving the courtroom following the announcement of the decision: “Please, for those the United States in the position to make the decision, please just drop this case now.” Her husband, journalist Julian Assange’s Case heard a decision if he was allowed to appeal the extradition to the U.S. for Espionage Act allegations. A little later, Stella continued, “It was a short day but it was a tense few moments before the decision was actually delivered. The judges took a break that they said was going to be 10 minutes but I think it was closer to a half an hour. But when they came back, they granted leave to appeal on grounds that Julian would be discriminated against and excluded from Constitutional protections under the First Amendment. The judges obviously saw the problem here, that the United States is applying its secrecy laws into this country, it’s applying its secrecy laws internationally, and yet saying at the same time that if you’re not a U.S. citizen, and if you’re abroad that you won’t have access to Constitutional protections, and the judges were deeply disturbed by this, I would say, and allowed the leave to appeal.”

Stella brightened as she went on, “While I was speaking to Julian I heard a knock on the door and I could hear the guard saying ‘Congratulations today’ and ‘it’s time to go to exercise’ and so our conversation came to an end. but thankfully it meant that he was able to go out into the yard and enjoy the sunshine that we have today. He was obviously relieved, he hadn’t slept all night, and he’s under enormous pressure. It’s hard for all of us, but just imagine what it’s like for Julian who has been in Belmarsh for over 5 years, and who has had to endure this grueling process from inside his cell, and isolated from everyone, and from a distance. So it’s a very good sign today. I think the US Administration should take this as a moment to drop the case, and to just put an end to it, and distance itself from this terrible prosecution, which this administration did not initiate, and should have put an end to already.”

Assange attorney Barry Pollack stated that the United States never should have brought this case. It is utterly inconsistent with First Amendment values while the United States should take a look at this and make a decision as to whether this is what they should be pursuing due to flawed prosecution. Pollack later said that as things stand now, it’s not clear whether Julian will be allowed to argue only on counts 4 and 5 that the court said were related directly to journalism, or whether Assange will be able to argue based on all of the counts, which would be clearly quite significant, and a good reason for the United States to rethink pursuing this further.” When asked to clarify further, Pollack offered, “The US tried to confine it to just three of the Espionage Act counts and at least from what the justices said today in court, they rejected that argument and are going to hear the appeal on all of the charges.”

WikiLeaks Editor-in-Chief Kristinn Hrafnsson explained “The signaling in a wider context should result in one thing, that the Biden Administration takes a serious look at the damage it’s done to its reputation and actually ends this case, before more damage is being done, that is the only just solution, is to end this, not in prolonged proceedings in court rooms here in London, or the European Court of Human Rights, but in the political arena in D.C., where it all started, and should never have started, so its the right thing to do and I believe that that is the clear signal that came out of the Royal Courts of Justice today.”

Reporters Without Borders Advocate Rebecca Vincent was on hand to affirm the importance of what is happening here because it is the first time that the UK court has nodded in the direction of the freedom of expression grounds, that are at the heart of the Assange Case. “The heart of this case will now get the chance for full consideration which opens a path of legal prevention of extradition.” She added that it is critical that we all stay with it and that campaigns continue, because the case is at a point where it is in Biden’s power to bring it to a close. “The UK Court has taken a step toward protecting journalism and press freedom, that those in Washington who are responsible for this will take note and think carefully about how to proceed. We expect better from the country of the First Amendment and we hope that this is indeed the beginning of the end of this ceaseless prosecution.”

Assange’s brother, Gabriel Shipton reiterated Attorney Pollack’s remarks that this is an opportunity for the DoJ to look at this and bring it to a close. Adding that President Biden said just last month that he was considering dropping this case in answer to Australian Parliament’s request for Assange’s release. Julian Assange’s brother, Gabriel Shipton, travels to Washington tomorrow, May 21, 2024 to build awareness of House Resolution 934 which has 11 co-sponsors now, to build more signers to the #HRes934 to protect journalism under the First Amendment and to drop the charges against journalist, Julian Assange. He asks Americans to keep signing petitions, calling Representatives, writing them, and making appointments to visit with them to educate them about the importance of Assange’s freedom.

It’s obvious that today, the sun shone through and people are seeing what is so important. We take this win and let it built and stay more mobilized and join our voices and only become louder. Next step, all parties will communicate to the court their availability and a date will be set for the appeal hearing. The question was asked if Assange would be allowed out on bail until his appeal and that is a possibility that will be explored further.

“Today marks a turning point, we spent a long time listening to the United States putting lipstick on a pig, but the judges did not buy it!” Stella Assange said staunchly. “It becomes clear to everyone that Julian is in prison for doing good journalism.” Stella has been doing the job of mother and father of their two sons, Gabriel (who just turned 7) and Max (5) while Julian has been in prison. She gives interviews and knows every detail of this case, always maintaining laser focus. Also, this week, 31 members of British Parliament lent their support for Assange’s release. The International Federation of Journalists was on hand to give their full support for Julian Assange and for press freedom. it has over 6,000 members worldwide all asserting their support along with free speech advocates, human rights groups, activists, law professors and lawyers, lawmakers and heads of state all voicing that it is time to let Julian Assange have his freedom back. IFJ President Dominque Pradalié said: “The judges have made the right decision – the threat to free speech that this prosecution creates should be of concern to us all. So too should the health of Julian Assange – at least he can now plead his case. He should be freed at once.”

Official Defend Assange Press Release:

The fight for Julian Assange’s freedom means:

~Our rights to speak freely are hindered.

~The freedom of our reporters and journalists.

~The ability to publish the truth.

~The ability to hold governments accountable.

~The right to know the truth.

~Freedom from censorship.

~Saving the life of a journalist who did his job well.

Supporters take action all around the world.

The investigation report and mandate written by UN Special Rapporteur on Torture Nils Melzer on Julian Assange’s detainment and treatment.

Julian Assange’s Roman Citizenship

The two-day hearing in the UK High Court for Australian journalist Julian Assange’s last appeal was on February 20 and 21, 2024. Following the hearing, the two judges presiding asked for additional information and additional time. Their decision could come any moment. What hangs in the balance is Assange’s chances to appeal through the UK High Court, or he could be put on a plane headed for the Eastern District of Virginia Federal Court in the United States. If this chance is turned down, there is a possibility of applying to the European Court of Human Rights to ask for an emergency injunction to prevent the UK from extraditing him. But it is up to the ECHR to intervene.

Assange did not attend his hearing for health reasons. He is being held in the UK’s harshest prison for murderers and other convicted felons, and the prison conditions have contributed to the decline of his delicate health. He also suffered a mini-stroke last year. He’s not been formally charged, and is only being held on remand for a potential extradition to the U.S. to face a total of 18 accusations based on an old U.S. law from 1917 called the Espionage Act.

On the first day of the hearing, the defense made a point to clarify that U.S. Army Intelligence Analyst C.E. Manning is a whistleblower/leaker, and Assange/WikiLeaks is the journalist/publisher. The whistleblower had been an employee of the U.S. military and has already been punished for breaking confidentiality. As a member of the press and a non U.S. citizen, Julian Assange had no such confidentiality agreement with the U.S. government. The accusations in the U.S. indictment suggest Assange assisted Manning to crack a password, but Manning clearly already had access and clearance through her work, and no hacking was needed. Manning was on leave when she initially spoke and gave documents to more than one news organization before securely uploading to WikiLeaks’ site. She did not speak to Julian Assange until well beyond the transfer of information.

One misstatement often repeated is that people were harmed by what WikiLeaks published, but at C.E. Manning’s trial, the U.S. admitted that in actuality no one was harmed. They could not think of a single incident. Accusations that Assange did not redact names are not true. Several witnesses were present when Assange redacted thousands of names. Redactions were not made in the diplomatic cables because those cables were already out in the public venue published in their entirety on Cryptome.org.

Defense also brought out that the head of the CIA at the time, Mike Pompeo allegedly planned the kidnapping and murder of Julian Assange. Pompeo, then threatened the over thirty witnesses implicating him as chief architect in a CIA conspiracy to commit murder. The defense made the point that extraditing Assange to the U.S. would be putting him in the hands of the same people who plotted his assassination. It was also mentioned that the CIA illegally spied on Assange through a Spanish security company called UC Global, and learning his legal defense strategy while he was in asylum in the Ecuadorian Embassy. A separate, ongoing case has been brought against the CIA by Assange’s lawyers over the violation of privacy.

The importance of this case is what it means to the future of journalism, free speech and press freedoms. If Julian Assange is extradited to the United States and successfully convicted, then the Espionage Act, that has never been used against a journalist before, could then be used to arrest any journalist in the world whom the US state department deems indictable for publishing classified material, whether it is in the public interest or not. It could also affect whether the First Amendment will protect the Free Speech of the Free Press, or not. The future jobs of journalists may be in jeopardy and many Assange supporters feel their right to know the truth will be at risk.

Assange has garnered support from major human rights groups and has won dozens of journalism awards. His release is advocated by two UN Special Rapporteurs on Torture and one UN Special Rapporteur on Freedom of Expression. Articles have been written and speeches have been made substantiating that his work as a publisher and journalist falls within free speech protections due to its relevancy to the public’s right to know. There is a healthy support system of dedicated grass-roots activists numbering in the millions worldwide coming from a wide variety of backgrounds such as doctors, law professors, teachers, students independent journalists and free speech supporters. Support for Assange comes from the political left, right and center. Several members of U.S. Congress wrote a bi-partisan letter last year calling on President Biden and Attorney General Merrick Garland to end Assange’s prosecution. Currently in the works is House Resolution 934 to protect journalism as free speech and release Assange home to his family. Lawmakers and parliamentarians in several countries have grown in number and increased the volume in calling for an end to Assange’s persecution and for him to finally be given his freedom.

Stella Assange, wife of Julian, has been leading the heroic battle for her husband’s freedom. She is afraid he would not survive extradition in his fragile health, leaving their two sons fatherless. Doctors and two UN Rapporteurs on Torture agree, leaving their two young sons fatherless. Assange’s brother, Gabriel Shipton, who attended the 2024 State of the Union Address as a guest of Congressman Thomas Massie, expressed the widely-shared concern that Julian Assange, whose health is delicate, will not survive the extradition to the United States. It was admitted by prosecutors at Assange’s hearing that there is no assurance that the Eastern District of Virginia Federal Court would not add the death penalty to the 175 years being held over his head.

Assange was made an honorary citizen of Rome last month. The term Civis Romanus Sum (I am a Roman citizen) historically constitutes a plea for the legal human rights of a Roman Citizen. In 1850 Lord Palmerston thought that the rights of CIVIS ROMANUS extended to British subjects, which includes citizens of commonwealth countries like Australia. A court in the UK may well have precedent to set Julian Assange free. Lord Palmerston said in his famous speech “Civis Romanus Sum so also a British subject, in whatever land he may be, shall feel confident that the watchful eye and the strong arm of England, will protect him against injustice and wrong.”

Assange Hearing Recap: Day1

This is a running live update from a friend on the hearing for Julian Assange’s freedom in the UK High Court today, February 20, 2024. The hearing continues tomorrow. The freedom for all of us to publish our thoughts and feelings hangs in the balance. After that, the judges will deliberate likely for several weeks. *there is no mandatory frame of time, the estimate for a ruling is based on previous time-frames judges have taken in this case. The ruling could also be immediate.* If he is extradited to the US, and convicted which would most certainly happen if he is sent there, all of journalism, free speech, the free press and all of us bloggers will be fair game because of the precedent established. We must fight for Assange’s freedom because his freedom, is ours.

Assange Trial Day 1 live:

Assange’s lawyers have argued today that the CIA plotted to kill Julian Assange, and that he cannot be safely extradited to a country that planned his kidnapping/ assassination.

Fresh evidence shows options were presented directly to President Trump over killing Assange after Vault-7 leaks.

(Defense for Assange is establishing that entire US government was/is hostile to Assange and cannot therefore guarantee a safe trial. They are appealing the scope of previous findings ruled on by the court)

Defense has raised point that document U.S. is relying on for extradition contains clause forbidding extradition of political prisoners. Argues U.S. cannot simultaneously want to extradite because of political embarrassment while ignoring that section of the treaty.

Also raised was fact that Wikileaks was not the first or only outlet to receive said classified documents from Manning, but the prosecution has been selective (targeting Assange) with no explanation for this behavior.
(note*** for posterity. This is not entirely correct as the charges actually revolve around an unidentified WikiLeaks representative offering to help Manning obtain more* But* there is no way for positive identification of Assange possible as that representative, so it is a nonsequitor, legally speaking. Also, no such assistance took place.)

Assange trial live: Court breaks for lunch, will resume 2pm London time.

Defense is raising an Article 7 ECHR/ 5th Amendment argument, stating that multiple forms of classified material have been published and gone unprosecuted, stating there is no precedent in U.S. law for the prosecution of journalists.
They are arguing that the previous judge refused to engage that line of legal argument stating it should be resolved in U.S. courts because it is a 5th amendment issue (due process).
Defense argues that because Article 7 of the ECHR applies, the judge should have had to engage it and acknowledge its legal standing.
(defense for Assange is once more appealing the previous court actions and errors here).

Section 7 of the ECHR protects someone from being prosecuted for future crime. In other words retroactively making something illegal in order to prosecute them.

Sec 7 of ECHR: “No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offense under national or international law at the time when it was committed.”

Defense now raises article 10 of the ECHR saying that Manning’s actions in leaking information fall under the protection of freedom of speech and expression.

Article 10 of the ECHR protects whistleblowers if documents are authentic and it is well within the public interest to know.
It protects both their right to receive and send such information; including in cases of classified documents if, like in Manning’s case; said documents were improperly classified to cover up war crimes.

This pertains to the charge against Julian for allegedly (again, unprovable) offering to help Manning procure the documents if needed.

If in fact the documents were improperly classified and covering up war crimes (they were); then Manning as a whistleblower falls under that protection of the ECHR and by extension, the journalist helping break that story in public interest.

This is weighty legally because according to multiple reviews, no one was directly harmed by the release of said information.

Defense raises point about Assistant US District Attorney Gordon Kromberg claiming they could and would deny Assange first amendment rights.

Judge ask for clarification about previous judges saying there is no reason to suspect Assange’s first amendment rights would be infringed.
Defense explains that Both the assistant DA and the then-CIA head Pompeo both said that explicitly. Claiming that Assange had no rights in the U.S. This threat alone raises serious concerns about any guarantees made toward Assange’s safety or right to a fair trial.

Judge then asks if the U.S. actually gave the court any assurances as to Assange’s first amendment rights being protected or the rights of foreign nationals.

Defense replies that no such assurances have been made whatsoever.

Final ground of appeal is put forward by defense.

Given the designation by the CIA head that Wikileaks was a “hostile non state intelligence agency” giving the bureau authority to act without oversight of any kind, there are absolute threats to Assange’s life present in the case under articles 2 & 3 of the ECHR (Right to Life, and Freedom from Torture).

Defense argues that CIA could impose SAMS (Special Administrative Measures – can prevent lawyer access, bar all outside communication or contact for life) or if they wanted to; kill him with absolute legal impunity based on this designation.

Defense requests extradition order be rescinded based on its inconsistency with standing treaty.

For Truth

We are finding out so much about our three-letter agencies. Finding out they did not have our best interest at heart. That’s kind of shocking and saddening to think that those we entrusted, abused that trust and lied to us about it. Many of us have dealt with betrayal at some point during our lives. It hurts. Our brains go through disbelief and cognitive dissonance. But we are starting to realize that this is being done on a massive scale and we must stand up to it before it gets any worse.

It’s no wonder that people are clambering for government transparency. We learn more with each whistleblower that comes forward and from every release of declassified documents. How many years has it taken for documents to be released that our own CIA may have been behind the death of JFK? By now, anyone responsible for that horrible event is long gone. Where is justice for the public, and for the family? We are too familiar with cover ups and lies. We are finding out three letter agencies have had a hand in controlling governments all over the world in the name of stopping terrorism, but we’ve found out that our government has also secretly been funding the terrorists. Because of Julian Assange, we’ve seen the shocking footage of government committing war crimes against innocent people, in other countries, some were press. Journalists that go into war zones know there is risk, but every journalist would think twice about what they expose after that.

Assange’s detainment sent a message to journalists everywhere to be very careful what information they publish. They have been told to step carefully. Most journalists today know they are under scrutiny. Most won’t even get close to exposing government crimes. Thanks to the Twitter files, we are finding out that the social media and news media is controlled by the CIA and the FBI. We have been finding out that this agency has been getting away with so much devilry, that we do not trust what we are being told anymore. It’s no wonder why citizen journalism is on the rise. The public is trusting ordinary people on the street with a cellphone more than the report on their evening news.

A growing number of people all over the world are yelling for truth. It turns out those pesky three letter agencies have been making mischief in the Assange case all along. Unfortunately truth about the Assange case has been sparse. Stories discrediting Assange have stuck in some minds, but that is changing as court cases emerge such as Kunstler vs the CIA. This case has been brought by Assange’s lawyers whose phones were taken by the CIA when they met with Assange to discuss his case. It turns out that the CIA copied all the information on those phones, violating the Fourth Amendment rights of not only Assange, but of all the other clients of those lawyers.

But the truth is that Assange believed that truth and transparency would solve numerous problems in the world with governments that have gotten out of control. He stood up for the truth and told the world what governments were really doing with the people’s money, in their name. More and more people are catching on that this is where the people need to take a stand and tell their government NO. Assange knew that there would be consequences. He still went ahead and did the right thing. Assange stood for change and he knew it could only happen by exposing these crimes against humanity. He is an exceptional courageous man and he has been detained in horrible prison conditions for years without being charged.

Take a stand. Use your voice. Defend Assange.

For more info: https://dontextraditeassange.com/