UK Judge Rules against extradicting Julian Assange to U.S.

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04 Jan 2021, 5:32 am

Julian Assange news - live: WikiLeaks founder’s US extradition to be decided in UK court
Judgment being delivered, but full reasons to be given in written ruling

District Judge Vanessa Baraitser is delivering her judgment now, but says her full reasons will be given in a written ruling.


Judge weighs whether crimes alleged would be offences in England and Wales

The judge is addressing whether the crimes alleged by the US would be offences in England and Wales.

She says Assange's role in the Manning disclosures "went beyond the mere encouragement of a journalist" and is detailing communications and joint work.

Defence argument based on UK-US extradition treaty not applicable, judge says

The judge is addressing key arguments in the case.

She says the defence argument that the UK-US extradition treaty meant Assange should not be extradited because he is accused of a "political offence" is not applicable, because rights are governed by the Extradition Act 2003 instead.

Judge says Assange’s actions ‘took him outside’ investigative journalism role

The judge says Assange had tried to recruit other hackers, including at conferences in 2009 and 2013, when he encouraged an audience to join the CIA to steal documents.

She says his actions "took him outside any role of investigative journalism" and aimed to further Wikileaks' aims.
Assange’s actions would ‘not be protected by free speech’ if they took place in England and Wales, judge says

The judge says Assange's actions would "not be protected by free speech" if they took place this jurisdiction.

She says it did not give him "the right to sacrifice the safety of individuals knowing nothing of the circumstances or the dangers they face, in the name of free speech".

Assange’s actions would have been offences under Official Secrets Act in Britain, judge says
The judge is detailing harm to over "100 people placed at risk from the disclosures" as identified informants, some of whom had to flee their homes with their families for safety.

She said Assange’s actions would have been offences under the Official Secrets Act in Britain.


Judge shuts down claim decision to prosecute was influenced by Assange’s political opinions

Addressing defence claims that the decision to prosecute Assange was influenced by his political opinions, the judge says there is insufficient evidence.

She says there is "insufficient evidence that prosecutors were pressurised by the Trump administration. In fact there were reports of healthy internal debate".

The judge says there is "little or no evidence to support hostility by President Trump towards Mr Trump and WikiLeaks".

She highlighted how Trump praised WikiLeaks repeatedly during his 2016 election campaign.

The judge is detailing harm to over "100 people placed at risk from the disclosures" as identified informants, some of whom had to flee their homes with their families for safety.

She said Assange’s actions would have been offences under the Official Secrets Act in Britain.

Extraditing Assange neither ‘unjust’ nor ‘oppressive’, judge says

The judge finds it is not "unjust or oppressive to extradite Mr Assange because of the passage of time", despite him being fugitive from British justice since June 2012 and US justice since December 2017.

She said the nature of the material created "difficult problems for investigators".

Assange is a ‘despairing man’, judge says

The judge says that despite a lighter spirit at times, her “overall impression” of Assange is one of "a depressed and despairing man who is genuinely fearful about his future".

She refers to an incident of self-harm in 1991 and says Assange has a family history of depression, with two male relatives who killed themselves.

Judge considers argument on Assange’s health


Defence argument that US jury pool would be comprised of government workers ‘untenable’

The judge calls the defence argument that a US jury pool would be comprised almost entirely of government employees or contractors "untenable".

"The suggestion that 12 impartial individuals could not be empanelled is impossible to sustain", she adds.

No foundation’ for suggestion Chelsea Manning’s evidence was given as a result of torture, judge says

The judge says there is "no foundation" for the defence’s suggestions that Chelsea Manning's evidence was given as a result of her being subjected to torture, or that she will refuse to testify for defence.

She says challenges under the US constitution and process could be made in the US.

The judge is considering arguments around s91 Extradition Act 2003, which bars extradition if it is unjust or oppressive by reason of a person’s health.

She says he has "recurrent depressive disorder which was severe in December 2019 and is sometimes accompanied by psychotic features".

The judge says she accepts a psychologist's opinion that "Mr Assange suffers from autism spectrum disorder, albeit high-functioning, and Asperger’s syndrome".

She says he remained depressed throughout detention at HMP Belmarsh, and is on a plan for prisoners at risk of suicide or self-harm.

No extradition due to health and suicide risk

The judge has ruled against extraditing Julian Assange to the US due to the potential risks to his health and well-being

Assange to be kept in custody ahead of expected appeal

Julian Assange is expected to be kept in custody, ahead of an appeal expected from the US, district judge Vanessa Baraitser has said.

The WikiLeaks founder is meeting with his lawyers and then court will resume at around 11.45am.


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04 Jan 2021, 9:54 am

Ahh ... too bad ... and I was so looking forward to his televised tarring-and-feathering.

At least we will not have to endure his presence in our country.


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04 Jan 2021, 11:16 am

WikiLeaks founder will not face ‘oppressive’ extradition to US, UK court rules
Former shadow home secretary Diane Abbott applauds ‘excellent ruling’
US press freedom foundation says ruling ‘huge relief’ for ‘rights of journalists’
Veteran reporter John Pilger brands ruling ‘face-saving cover for the British’
US press freedom foundation says ruling ‘huge relief’ for ‘rights of journalists’
Bail application will not be made in full until Wednesday
Amnesty International says decision does not ‘absolve UK’

Amnesty International has said that it welcomes the decision against extraditing Assange, but said it does not “absolve the UK” from engaging in what it called a “politically-motivated” process.

“We welcome the fact that Julian Assange will not be sent to the USA and that the court acknowledged that due to his health concerns, he would be at risk of ill-treatment in the US prison system. But the charges against him should never have been brought in the first place," Amnesty International’s Europe Director, Nils Muižnieks, said in a statement.

National Union of Journalists general secretary calls judgment ‘troubling’
Michelle Stanistreet, the general secretary of the National Union of Journalists (NUJ), offered a mixed response to Judge Vanessa Baraitser’s judgment on Monday.

The NUJ general secretary described the ruling as “welcomed", but “troubling”.

“This decision will be welcomed by all who value journalists' ability to report on national security issues. However, whilst the outcome is the right one, Judge Vanessa Baraitser's judgment contains much that is troubling,” she said in a statement published online.

"Her basis for dismissing the US's extradition request was the suicide risk that Assange poses in a US penal system that would probably have kept him in near total isolation.

“The judge rejected the defence case that the charges against Assange related to actions identical to those undertaken daily by most investigative journalists. In doing so, she leaves open the door for a future US administration to confect a similar indictment against a journalist. Given his lengthy period of incarceration, it is surely also time to grant Assange bail so that he can join his young family,” she said.

“The charges were politically-motivated, and the UK government should never have so willingly assisted the US in its unrelenting pursuit of Assange," he said.

“The fact that the ruling is correct and saves Assange from extradition, does not absolve the UK from having engaged in this politically-motivated process at the behest of the USA and putting media freedom and freedom of expression on trial. It has set a terrible precedent for which the US is responsible and the UK government is complicit,” Mr Muižnieks asserted.
Julian Assange’s mother calls on Trump, Biden to ‘stand down’ on appeal
WikiLeaks editor-in-chief says ‘enough is enough’ over US plan to appeal
Family of Harry Dunn accuses US of hypocrisy
The family of Harry Dunn has accused the US of “hypocrisy” over its demand that Julian Assange be extradited when Anne Sacoolas, the American accused of being responsible for their son’s death, has not yet been forced to return to the UK.

Dunn died at the age of 19 in August 2019 after his motorbike crashed into a car being driven on the wrong side of the road by Mrs Sacoolas outside RAF Croughton in Northamptonshire.

The American was able to return to the US following the incident after the US Government asserted diplomatic immunity on her behalf, sparking outrage.

While an extradition request had been submitted by the Home Office, the US State Department refused to comply.

Reacting to news that a British judge had ruled against Assange’s extradition, Radd Seiger, a spokesman for the family of Harry Dunn, criticised the "imbalanced" extradition arrangements between the UK and the US.


Jeremy Corbyn congratulates Julian Assange
Former Labour leader Jeremy Corbyn has extended his congratulations to Julian Assange over the court ruling against his extradition to the US.

In a Facebook post, Mr Corbyn wrote: "Good news that the extradition of Julian Assange has been refused - my congratulations to him and his legal team.

“Extradition would be an attack on press freedom,” he said.

While Mr Corbyn celebrated the decision, he said: “It is alarming that the judge has accepted US government arguments threatening freedom of speech and freedom to publish.”

“There remains much at stake in his case, which is being observed by so many around the world,” he said, adding: "Assange should be released."
End this now,’ Assange’s fiancée implores Trump


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“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman