https://scheerpost.com/2024/02/18/chris-hedges-julian-assanges-final-appealchris-hedges/
Julian Assange’s Final Appeal
Julian Assange will make his final appeal this week to the British courts to avoid extradition. If he is extradited it is the death of investigations into the inner workings of power by the press.
If Julian Assange is denied permission to appeal his extradition to the United States before a panel of two judges at the High Court in London this week, he will have no recourse left within the British legal system. His lawyers can ask the European Court of Human Rights (ECtHR) for a stay of execution under Rule 39, which is given in “exceptional circumstances” and “only where there is an imminent risk of irreparable harm.” But it is far from certain that the British court will agree. It may order Julian’s immediate extradition prior to a Rule 39 instruction or may decide to ignore a request from the ECtHR to allow Julian to have his case heard by the court.
The nearly 15-year-long persecution of Julian, which has taken a heavy toll on his physical and psychological health, is done in the name of extradition to the U.S. where he would stand trial for allegedly violating 17 counts of the 1917 Espionage Act, with a potential sentence of 170 years.
Julian’s “crime” is that he published classified documents, internal messages, reports and videos from the U.S. government and U.S. military in 2010, which were provided by U.S. army whistleblower Chelsea Manning. This vast trove of material revealed massacres of civilians, torture, assassinations, the list of detainees held at Guantanamo Bay and the conditions they were subjected to, as well as the Rules of Engagement in Iraq. Those who perpetrated these crimes — including the U.S. helicopter pilots who gunned down two Reuters journalists and 10 other civilians and severely injured two children, all captured in the Collateral Murder video — have never been prosecuted.
Julian exposed what the U.S. empire seeks to airbrush out of history.
Julian’s persecution is an ominous message to the rest of us. Defy the U.S. imperium, expose its crimes, and no matter who you are, no matter what country you come from, no matter where you live, you will be hunted down and brought to the U.S. to spend the rest of your life in one of the harshest prison systems on earth. If Julian is found guilty it will mean the death of investigative journalism into the inner workings of state power. To possess, much less publish, classified material — as I did when I was a reporter for The New York Times — will be criminalized. And that is the point, one understood by The New York Times, Der Spiegel, Le Monde, El País and The Guardian, who issued a joint letter calling on the U.S. to drop the charges against him.
Australian Prime Minister Anthony Albanese and other federal lawmakers voted on Thursday for the United States and Britain to end Julian’s incarceration, noting that it stemmed from him “doing his job as a journalist” to reveal “evidence of misconduct by the U.S.”
The legal case against Julian, which I have covered from the beginning and will cover again in London this week, has a bizarre Alice-in-Wonderland quality, where judges and lawyers speak in solemn tones about law and justice while making a mockery of the most basic tenants of civil liberties and jurisprudence.
How can hearings go forward when the Spanish security firm at the Ecuadorian Embassy, UC Global, where Julian sought refuge for seven years, provided videotaped surveillance of meetings between Julian and his lawyers to the CIA, eviscerating attorney-client privilege? This alone should have seen the case thrown out of court.
How can the Ecuadorian government led by Lenin Moreno violate international law by rescinding Julian’s asylum status and permit London Metropolitan Police into the Ecuadorian Embassy — sovereign territory of Ecuador — to carry Julian to a waiting police van?
Why did the courts accept the prosecution’s charge that Julian is not a legitimate journalist?
Why did the United States and Britain ignore Article 4 of their Extradition Treaty that prohibits extradition for political offenses?
How is the case against Julian allowed to go ahead after the key witness for the United States, Sigurdur Thordarson – a convicted fraudster and pedophile – admitted to fabricating the accusations he made against Julian?
How can Julian, an Australian citizen, be charged under the U.S. Espionage Act when he did not engage in espionage and wasn’t based in the U.S when he received the leaked documents?
Why are the British courts permitting Julian to be extradited to the U.S. when the CIA — in addition to putting Julian under 24-hour video and digital surveillance while in the Ecuadorian Embassy — considered kidnapping and assassinating him, plans that included a potential shoot-out on the streets of London with involvement by the Metropolitan Police?
How can Julian be condemned as a publisher when he did not, as Daniel Ellsberg did, obtain and leak the classified documents he published?
Why is the U.S. government not charging the publisher of The New York Times or The Guardian with espionage for publishing the same leaked material in partnership with WikiLeaks?
Why is Julian being held in isolation in a high-security prison without trial for nearly five years when his only technical violation of the law is breaching bail conditions when he sought asylum in the Ecuadorian Embassy? Normally this would entail a fine.
Why was he denied bail after he was sent to HM Prison Belmarsh?
If Julian is extradited, his judicial lynching will get worse. His defense will be stymied by U.S. anti-terrorism laws, including the Espionage Act and Special Administrative Measures (SAMs). He will continue being blocked from speaking to the public — except on a rare occasion — and being released on bail. He will be tried in the U.S. District Court for the Eastern District of Virginia where most espionage cases have been won by the U.S. government. That the jury pool is largely drawn from those who work for or have friends and relatives who work for the CIA, and other national security agencies that are headquartered not far from the court, no doubt contributes to this string of court decisions.
The British courts, from the inception, have made the case notoriously difficult to cover, severely limiting seats in the courtroom, providing video links that have been faulty, and in the case of the hearing this week, prohibiting anyone outside of England and Wales, including journalists who had previously covered the hearings, from accessing a link to what are supposed to be public proceedings.
As usual, we are not informed about schedules or timetables. Will the court render a decision at the end of the two-day hearing on Feb. 20 and Feb. 21? Or will it wait weeks, even months, to render a ruling as it has previously? Will it permit the ECtHR to hear the case or immediately railroad Julian to the U.S.? I have my doubts about the High Court passing the case to the ECtHR, given that the parliamentary arm of the Council of Europe, which created the ECtHR, along with their Commissioner for Human Rights, oppose Julian’s “detention, extradition and prosecution” because it represents “a dangerous precedent for journalists.” Will the court honor Julian’s request to be present in the hearing, or will he be forced to remain in the high-security HM Prison Belmarsh in Thamesmead, south east London, as has also happened before? No one is able to tell us.
Julian was saved from extradition in January 2021 when District Judge Vanessa Baraitser at Westminster Magistrates’ Court refused to authorize the extradition request. In her 132-page ruling, she found that there was a “substantial risk” Julian would commit suicide due to the severity of the conditions he would endure in the U.S. prison system. But this was a slim thread. The judge accepted all the charges leveled by the U.S. against Julian as being filed in good faith. She rejected the arguments that his case was politically motivated, that he would not get a fair trial in the U.S. and that his prosecution is an assault on the freedom of the press.
Baraitser’s decision was overturned after the U.S. government appealed to the High Court in London. Although the High Court accepted Baraitser’s conclusions about Julian’s “substantial risk” of suicide if he was subjected to certain conditions within a U.S. prison, it also accepted four assurances in U.S. Diplomatic Note no. 74, given to the court in February 2021, which promised Julian would be treated well.
The U.S. government claimed in the diplomatic note that its assurances “entirely answer the concerns which caused the judge [in the lower court] to discharge Mr. Assange.” The “assurances” state that Julian will not be subject to SAMs. They promise that Julian, an Australian citizen, can serve his sentence in Australia if the Australian government requests his extradition. They promise he will receive adequate clinical and psychological care. They promise that, pre-trial and post-trial, Julian will not be held in the Administrative Maximum Facility (ADX) in Florence, Colorado.
It sounds reassuring. But it is part of the cynical judicial pantomime that characterizes Julian’s persecution.
No one is held pre-trial in ADX Florence. ADX Florence is also not the only supermax prison in the U.S. where Julian can be imprisoned. He could be placed in one of our other Guantanamo-like facilities in a Communications Management Unit (CMU). CMUs are highly restrictive units that replicate the near total isolation imposed by SAMs. The “assurances” are not legally binding. All come with escape clauses.
Should Julian do “something subsequent to the offering of these assurances that meets the tests for the imposition of SAMs or designation to ADX” he will, the court conceded, be subject to these harsher forms of control. If Australia does not request a transfer it “cannot be a cause for criticism of the USA, or a reason for regarding the assurances as inadequate to meet the judge’s concerns,” the ruling reads. And even if that were not the case, it would take Julian 10 to 15 years to appeal his sentence up to the U.S. Supreme Court, which would be more than enough time to destroy him psychologically and physically. Amnesty International said the “assurances are not worth the paper they are written on.”
Julian’s lawyers will attempt to convince two High Court judges to grant him permission to appeal a number of the arguments against extradition which Judge Baraitser dismissed in January 2021. His lawyers, if the appeal is granted, will argue that prosecuting Julian for his journalistic activity represents a “grave violation” of his right to free speech; that Julian is being prosecuted for his political opinions, something which the U.K.-U.S. extradition treaty does not allow; that Julian is charged with “pure political offenses” and the U.K.-U.S. extradition treaty prohibits extradition under such circumstances; that Julian should not be extradited to face prosecution where the Espionage Act “is being extended in an unprecedented and unforeseeable way”; that the charges could be amended resulting in Julian facing the death penalty; and that Julian will not receive a fair trial in the U.S. They are also asking for the right to introduce new evidence about CIA plans to kidnap and assassinate Julian.
If the High Court grants Julian permission to appeal, a further hearing will be scheduled during which time he will argue his appeal grounds. If the High Court refuses to grant Julian permission to appeal, the only option left is to appeal to the ECtHR. If he is unable to take his case to the ECtHR he will be extradiated to the U.S.
The decision to seek Julian’s extradition, contemplated by Barack Obama’s administration, was pursued by Donald Trump’s administration following WikiLeaks’ publication of the documents known as Vault 7, which exposed the CIA’s cyberwarfare programs, including those designed to monitor and take control of cars, smart TVs, web browsers and the operating systems of most smart phones.
The Democratic Party leadership became as bloodthirsty as the Republicans following WikiLeaks’ publishing of tens of thousands of emails belonging to the Democratic National Committee (DNC) and senior Democratic officials, including those of John Podesta, Hillary Clinton’s campaign chairman during the 2016 presidential election.
The Podesta emails exposed that Clinton and other members of Obama’s administration knew that Saudi Arabia and Qatar — which had both donated millions of dollars to the Clinton Foundation — were major funders of the Islamic State of Iraq and Syria. They revealed transcripts of three private talks Clinton gave to Goldman Sachs — for which she was paid $675,000 — a sum so large it can only be considered a bribe. Clinton was seen in the emails telling the financial elites that she wanted “open trade and open borders” and believed Wall Street executives were best positioned to manage the economy, a statement that contradicted her campaign promises of financial reform. They exposed the Clinton campaign’s self-described “Pied Piper” strategy which used their press contacts to influence Republican primaries by “elevating” what they called “more extreme candidates,” to ensure Trump or Ted Cruz won their party’s nomination. They exposed Clinton’s advance knowledge of questions in a primary debate. The emails also exposed Clinton as one of the architects of the war and destruction of Libya, a war she believed would burnish her credentials as a presidential candidate.
Journalists can argue that this information, like the war logs, should have remained secret. But if they do, they can’t call themselves journalists.
The Democratic leadership, which attempted to blame Russia for its election loss to Trump — in what became known as Russiagate — charged that the Podesta emails and the DNC leaks were obtained by Russian government hackers, although an investigation headed by Robert Mueller, the former FBI director, “did not develop sufficient admissible evidence that WikiLeaks knew of — or even was willfully blind to” any alleged hacking by the Russian state.
Julian is persecuted because he provided the public with the most important information about U.S. government crimes and mendacity since the release of the Pentagon Papers. Like all great journalists, he was nonpartisan. His target was power.
He made public the killing of nearly 700 civilians who had approached too closely to U.S. convoys and checkpoints, including pregnant women, the blind and deaf, and at least 30 children.
He made public the more than 15,000 unreported deaths of Iraqi civilians and the torture and abuse of some 800 men and boys, aged between 14 to 89, at Guantánamo Bay detention camp.
He showed us that Hillary Clinton in 2009 ordered U.S. diplomats to spy on U.N. Secretary General Ban Ki-moon and other U.N. representatives from China, France, Russia, and the U.K., spying that included obtaining DNA, iris scans, fingerprints, and personal passwords.
He exposed that Obama, Hillary Clinton and the CIA backed the June 2009 military coup in Honduras that overthrew the democratically-elected president Manuel Zelaya, replacing him with a murderous and corrupt military regime.
He revealed that the United States secretly launched missile, bomb and drone attacks on Yemen, killing scores of civilians.
No other contemporary journalist has come close to matching his revelations.
Julian is the first. We are next.
Comment to article:
" I think the only hope for Assange and the future of journalism is if the US government decides it does not want a years-long court battle that will undoubtedly bring with it much ugly publicity and lots of protest and, therefore, order their British lapdog to let him go since he’s already little more than a shell of what he once was due to 15 years of imprisonment and torture and cannot do the Empire any more damage.
I certainly hope so. However, the immense ugliness, hatred and spite in the USA will most likely lead them to follow through with the slow-motion murder of the world’s most important journalist.
Assange is perhaps the most courageous and heroic figure in modern times, beyond even Daniel Ellsberg or Wilfred Burchett. Journalism is not a crime and Assange should never have been jailed in the first place.
Aside from freedom for Palestine, freedom for Julian Assange is the issue that moves me more than any other. It is just disgusting what our evil governments have done to him. "
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https://scheerpost.com/2024/02/18/an-open-letter-from-editors-and-publishers-publishing-is-not-a-crime/
An Open Letter from Editors and Publishers: Publishing is Not a Crime
The following is a letter from The New York Times, the Guardian, Le Monde, El Pais and DER SPIEGEL urging the U.S. government to end its prosecution of Julian Assange for publishing secrets.
Twelve years ago, on November 28th 2010, our five international media outlets – The New York Times, the Guardian, Le Monde, El Pais and DER SPIEGEL – published a series of revelations in cooperation with Wikileaks that made the headlines around the globe.
“Cable gate”, a set of 251,000 confidential cables from the US State Department disclosed corruption, diplomatic scandals and spy affairs on an international scale.
In the words of The New York Times, the documents told “the unvarnished story of how the government makes its biggest decisions, the decisions that cost the country most heavily in lives and money”. Even now in 2022, journalists and historians continue to publish new revelations, using the unique trove of documents.
For Julian Assange, publisher of Wikileaks, the publication of “Cable gate” and several other related leaks had the most severe consequences. On April 11th, 2019, Assange was arrested in London on a US arrest warrant, and has now been held for three and a half years in a high security British prison usually used for terrorists and members of organized crime groups. He faces extradition to the US and a sentence of up to 175 years in an American maximum security prison.
This group of editors and publishers, all of whom had worked with Assange, felt the need to publicly criticize his conduct in 2011 when unredacted copies of the cables were released, and some of us are concerned about the allegations in the indictment that he attempted to aid in computer intrusion of a classified database. But we come together now to express our grave concerns about the continued prosecution of Julian Assange for obtaining and publishing classified materials.
The Obama-Biden Administration, in office during the Wikileaks publication in 2010, refrained from indicting Assange, explaining that they would have had to indict journalists from major news outlets too. Their position placed a premium on press freedom, despite its uncomfortable consequences. Under Donald Trump however, the position changed. The DOJ relied on an old law, the Espionage Act of 1917 (designed to prosecute potential spies during World War 1), which has never been used to prosecute a publisher or broadcaster.
This indictment sets a dangerous precedent, and threatens to undermine America’s First Amendment and the freedom of the press.
Holding governments accountable is part of the core mission of a free press in a democracy.
Obtaining and disclosing sensitive information when necessary in the public interest is a core part of the daily work of journalists. If that work is criminalised, our public discourse and our democracies are made significantly weaker.
Twelve years after the publication of “Cable gate”, it is time for the U.S. government to end its prosecution of Julian Assange for publishing secrets.
Publishing is not a crime.
The editors and publishers of:
- The New York Times
- The Guardian
- Le Monde
- DER SPIEGEL
- El Pais
Comments to article:
" The American Empire, and the Masters of the Universe who run it do not take kindly to having their activities exposed or their efforts thwarted. When those things happen, endless vengance is visited upon the transgressors. Some examples are:
The Palestinians – they dared not to disappear into non-history as the US and western nations set up their Jewish colony to manipulate the Middle East
Iran – they dared to set up an independent democratic state so it was couped and the puppet ruler Shah was set up instead. then the ultimate insult – they couped the Shah! No one gets away with that!
Cuba – the temerity of the Castro brothers in overthrowing a beloved dictator must be punished to this day. All other nations beware.
Wikileaks – to expose the crimes of the Empire is perhaps the greatest threat of all. This man (as a warning to others) must live out his life in prison, preferably dying Navalny-style at the hands of someone like Pompeo. "
" Listening to Matt Taibbi and how the state is treating our elections and what they do to people on the “wrong” side, in other words the candidate they want, not the one the American people vote in, we do not have a true democracy, only the facade. RFK. Jr said on Tucker Carlson interview the United States of America has overthrown 83 democracies yet we hypocritically claim to be making the world safe for democracy but no democracy is safe unless it bends to the will of the CIA run by the Federal Reserve Bank, which is the true world power connected to all other central banks. Monetary reform is near impossible with an assassination team like the CIA, but that is exactly what this country needs because since 1913, we’ve all been slaves to a private banking system that aids and abets the criminal elements in our government to keep them in control of the money. If they did not have that control, the CIA and other bad actors wouldn’t exist in their current form. And we can’t even hardly say that out loud, much less expose the crimes of our governing body. "
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