by Philip Giraldi, The Unz Review:
British courts for five years have dragged out Julian Assange’s show trial. He continues to be denied due process as his physical and mental health deteriorates. This is the point.
Prosecutors representing the United States, whether by design or incompetence, refused — in the two-day hearing I attended in London in February — to provide guarantees that Julian Assange would be afforded First Amendment rights and would be spared the death penalty if extradited to the U.S.
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The inability to give these assurances all but guaranteed that the High Court — as it did on Tuesday — would allow Julian’s lawyers to appeal. Was this done to stall for time so that Julian would not be extradited until after the U.S. presidential election? Was it a delaying tactic to work out a plea deal? Julian’s lawyers and U.S. prosecutors are discussing this possibility. Was it careless legal work? Or was it to keep Julian locked in a high security prison until he collapses mentally and physically?
If Julian is extradited, he will stand trial for allegedly violating 17 counts of the 1917 Espionage Act, with a potential sentence of 170 years, along with another charge for “conspiracy to commit computer intrusion” carrying an additional five years.
The court will permit Julian to appeal minor technical points — his basic free speech rights must be honored, he cannot be discriminated against on the basis of his nationality and he cannot be under threat of the death penalty.
No new hearing will allow his lawyers to focus on the war crimes and corruption that WikiLeaks exposed. No new hearing will permit Julian to mount a public-interest defense. No new hearing will discuss the political persecution of a publisher who has not committed a crime.
The court, by asking the U.S. for assurances that Julian would be granted First Amendment rights in the U.S. courts and not be subject to the death penalty, offered the U.S. an easy out — give the guarantees and the appeal is rejected.
It is hard to see how the U.S. can refuse the two-judge panel, composed of Dame Victoria Sharp and Justice Jeremy Johnson, which issued on Tuesday a 66-page judgment accompanied by a three-page court order and a four-page media briefing.
The hearing in February was Julian’s last chance to request an appeal of the extradition decision made in 2022 by the then British home secretary, Priti Patel, and many of the rulings of District Judge Vanessa Baraitser in 2021.
If Julian is denied an appeal, he can request an emergency stay of execution from the European Court of Human Rights (ECtHR) under Rule 39, which is given in “exceptional circumstances” and “only where there is an imminent risk of irreparable harm.” But it is possible the British court could order Julian’s immediate extradition prior to a Rule 39 instruction, or decide to ignore a request from the ECtHR to allow Julian to have his case heard there.
Julian has been engaged in a legal battle for 15 years. It began in 2010 when WikiLeaks published classified military files from the wars in Iraq and Afghanistan — including footage showing a U.S. helicopter gunning down civilians, including two Reuters journalists, in Baghdad.
Julian took refuge in the Embassy of Ecuador in London for seven years, fearing extradition to the U.S. He was arrested in April 2019 by the Metropolitan Police, who were permitted by the Embassy to enter and seize him. He has been held for nearly five years in HM Prison Belmarsh, a high-security prison in southeast London.
The case against Julian has made a mockery of the British justice system and international law. While in the embassy, the Spanish security firm UC Global provided video recordings of meetings between Julian and his lawyers to the CIA, eviscerating attorney-client privilege.
The Ecuadorian government — led by Lenin Moreno — violated international law by rescinding Julian’s asylum status and permitting police into their embassy to carry Julian into a waiting van. The courts have denied Julian’s status as a legitimate journalist and publisher. The U.S. and Britain have ignored Article 4 of their Extradition Treaty that prohibits extradition for political offenses. The key witness for the U.S., Sigurdur Thordarson — a convicted fraudster and pedophile — admitted to fabricating the accusations he made against Julian in exchange for immunity for past crimes..
