Christian Smith
LONDON (AP) — WikiLeaks founder Julian Assange faced a hearing Monday at London’s High Court that could end with him being sent to the U.S. to face espionage charges, or could give him another chance to appeal his extradition.
The outcome will depend on how much weight judges give to assurances provided by US authorities that Assange’s rights will not be trampled on if he goes to trial.
In March, two judges rejected most of Assange’s arguments but said he could take his case to the Court of Appeal unless the US guaranteed he would not face the death penalty if extradited and would have the same protections. to freedom of expression than an American citizen.
The court said that if Assange, who is an Australian citizen, could not rely on the First Amendment, then it was arguable that his extradition would be incompatible with the European Convention on Human Rights, which also provides for freedom of expression and protection of the media.
The US has provided these guarantees, although Assange’s legal team and supporters argue they are not good enough to send him to the US federal court system.
The US said Assange could try to rely on First Amendment rights and protections, but that the decision on that would ultimately rest with a judge. In the past, the US has said it would argue at trial that Assange is not entitled to constitutional protection because he is not a US citizen.
“The US has limited itself to blatant and evasive words, claiming that Julian may ‘try to lift’ the First Amendment if he is extradited,” said his wife, Stella Assange. “The diplomatic note does nothing to alleviate our family’s extreme anguish about their future – their grim expectation of spending the rest of their lives isolated in a US prison for publishing award-winning journalism.”
Assange, 52, was indicted on 17 counts of espionage and one count of computer misuse over the publication on his website of a trove of classified US documents nearly 15 years ago. American prosecutors allege that Assange encouraged and helped US Army intelligence analyst Chelsea Manning steal diplomatic cables and military files published by WikiLeaks.
Commuters exiting a metro station near the courthouse could not miss a large sign with a photo of Assange and the words: “Publishing is not a crime. War crimes are.” Dozens of supporters gathered in front of the neo-Gothic Royal Courts of Justice chanting “Free Julian Assange” and “Freedom of the press, Assange freedom”.
Some held a large white banner addressed to President Joe Biden, urging, “Let him go, Joe.”
Assange’s lawyers say he could face up to 175 years in prison if convicted, although US authorities have said any sentence would likely be much shorter.
Assange’s family and supporters say his physical and mental health has suffered during more than a decade of legal battles, which included seven years spent inside the Ecuadorian Embassy in London from 2012 to 2019. He has spent the last five years in a British high security center. prison.
Assange’s lawyers argued in February that he was a journalist who exposed US military wrongdoing in Iraq and Afghanistan. Sending him to the US, they said, would expose him to a politically motivated prosecution and risk a “flagrant denial of justice”.
The US government claims that Assange’s actions went far beyond those of a journalist gathering information, constituting an attempt to indiscriminately solicit, steal and publish confidential government documents.
If Assange wins on Monday, it will set the stage for an appeals process that will likely prolong what has already been a long legal saga.
If the court takes the US at its word, it would mark the end of Assange’s legal challenges in the UK, although it is unclear what would immediately follow.
Your legal team is prepared to ask the European Court of Human Rights to intervene. But his supporters fear Assange could be transferred before the court in Strasbourg, France, can block his removal.
Judges Victoria Sharp and Jeremy Johnson could also delay issuing a ruling.
If Assange loses in court, he may yet have another chance at freedom.
Biden said last month he was considering a request from Australia to drop the case and allow Assange to return to his home country.
Officials did not provide other details, but Stella Assange said it was “a good sign” and Australian Prime Minister Anthony Albanese said the comment was encouraging.
