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Investigative Journalist and Filmmaker. I tell stories no one wants to hear. Check out our latest film, “The Six Billion Dollar Man” @6BDM_Doc.

Sep 14, 2020, 67 tweets

I am connected to the virtual court system and ready to report on the #AssangeCase extradition hearing, first day of week 2:
#FreeAssange

Thread:

Reminder, there are 40 civil society, human rights and political observers from around the world that were given access via video link and the access was revoked the last minute. They include @amnesty, @RSF_inter, @hrw, European Ministers of Parliament, and legal observers.

Court commences, but #JulianAssange is not present. They are discussing administrative issues.

Reminder: #JulianAssange is facing 175 years for conduct that the US Government considers journalism and is protected by the First Amendment.
#AssangeCase

#JulianAssange is wearing a mask, but the judge says that it is at the discretion of those who attend to wear a mask inside court. It is not required to wear a mask in court. The judge asks the jailer that Mr. #Assange should be given the opportunity to wear one if he wants to.

Judge Baraitser noted that @trevortimm was drinking coffee and that witnesses should be reminded that this behaviour is inappropriate. 😂😂😂😂😂😂😂😂😂

Concern raised by Prosecution about time allowed for cross-examination – expected 4 hours with Eric Lewis today.
#AssangeCase

Fitzgerald: Why didn't the Obama admin didn't prosecute #Assange:
Lewis: No publisher of information has ever been successfully prosecuted for publishing information. The DOJ's at the time said on record said that they had "all but decided not to prosecute #JulianAssange"

Fitzgerald: We know that #Assange was then prosecuted under the #Trump admin.
Lewis: Mr. Turmp said in 2010 that #Assange should get the death penalty. Mr. Pompeo in 2017 was head of the CIA said that @wikileaks is a 'non-state hostile intelligence agency'.

Lewis: it was Pompeo's view that the 1st Amendment did not apply to #JulianAssange

Lewis: Mr Jeff Sessions (attorney general) said that #Assange should be arrested, and shortly after that he was arrested. Around the time when #Trum said that they were going to get tough on leakers.
#AssangeCase

Lewis: We have gone from never having had a prosecution to a publisher, to a situation where a publisher facing 175 years for doing this.
#AssangeCase

Lewis: Mr Kromberg (assistant US attorney in EDVA) offers no basis for new charges years later, without new evidence. Knows the previous admin didn't prosecute, offers no explanation for the change in decision

The adding of 17 additional charges of Espionage, with the jeopardy that comes with it and the First Amendment implications, indicates a prosecution that reflects the new administration and Mr Barr's view that he acts at the behest of the president

and the President effectively directs prosecution. Abuse of the criminal law enforcement power. Fact that the case and allegations go back years and years reflect a political change and part of the new admin's view toward the press and leaking

Lewis: He views that if #Assange is extradited he is likely to spend the rest of his life in prison. Even on the best case scenario we are looking at a sentence of 20 years if everything goes brilliantly to 170 years if things don't go well.
#AssangeCase

Most of the Espionage cases in the past have resulted in life sentence.
#AssangeCase

Lewis: This indictment all point to a very long sentence going into many decades.
#AssangeCase

Lewis: It is a certainty that #Assange will be put under Special Administrative Measures.

It is quite likely that #Assange would be kept under SAMs even post-conviction. Usually kept on the AVX - Colorado. He would not be allowed to asociate with other prisoners. He would be isolated at least for a long time.
#AssangeCase

Moving on to the ICC and its investigation into war crimes where the @wikileaks documents would be crucial and that the Trump administration is trying to block, including bocking of assets of any non US nationals that even try to help in the investigation.
#AssangeCase

Defence finishes.

Eric Lewis witness will be Referred as ES, and James Lewis, prosecutor, as JS.
#AssangeCase

JL: Asking whether he's being paid.
EL: He's being paid as a witness.

JL: Asks if he understands if he understands what an expert witness and start with the credibility dance.
EL: I don't know that I'm required to include Mr. Kromberg's every affidavit, otherwise my reports would be hundreds and hundreds of pages.

EL: Before I became an expert I expressed my own political views on the matter.
JL: But your views are he shouldn't be indicted?
EL: Yes those are still my views.
JL: Isn't this a conflict of interest?
EL: I can interpret the law in an independent manner.

JL: Is asking again for short answers.
Fitzgerald: Objects by saying that his witness needs to answer the question.

JL: Is trying to discredit EL's expertise in Jails.
EL: Says that he has spent quite a lot of time inside the VA prison.
#AssangeCase

JL: Tries to lead the witness in saying that a former client of his was acquitted in the same jury pool that #Assange would face.
EL: That is incorrect sir. He was acquitted in the district of Colorado not the one in Virginia.

JL: Actually asked if the fact that his client was under SAMs prevented his acquittal!

I will not add the comment I have in my head.

JL: Do you agree that there is no solitary confinement in the prison where #Assange would be kept.
EL: No, this is a semantics issue, 22 hours a day in a cell without any association with any other inmates is solitary confinement.
#AssangeCase

EL: There are not unlimited visits because there are a lot of practical and logistical issues, including availability of rooms, FBI availability, and any other issues which now include COVID.
#AssangeCase

Lewis to Judge: I cannot control Mr. Lewis and you are not controlling Mr. Lewis. He is giving speeches, I wish to be released of time limits.
Baraitser: The Judge says that she will stick to time limits and it is not my duty to control witnesses I am here to ensure fairness.

Lewis: complains about the 4 hours he asked for saying that it is the Judge who asked for a 4 hours limit.

Baraitser: the witness is entitled to answer the questions he is asked. In relation to the time you are given, you gave this time and you shall stick to this time.

James Lewis, has already today lost his temper with the witness as he cannot lead him into a hypothetical madness, also the defence of course, and he almost got into a screaming match with the Judge.
#AssangeCase

The prosecutor expressed to the judge that he was feeling stressed with the answers from the witness and the time limits. I wonder how he managed when he was in the SAS?
#AssangeCase

Court resumes. Mr JL apologizes to the judge.

Prosec: which of those reasons would be used to place Assange in ad-seg?

Lewis: believe a mental health issue has been raised, as well as the notoriety

Prosec: so we agree there's a procedure to determine?

Lewis: yes, but with no right to challenge

Reviewing whether Lewis has read case of Ahmed with regard to European Court of Human Rights, prosecution believes all issues Lewis raised have been dealt with and rejected in that case

EL: Every case is different, and we cannot deal with one case looking at another case.

EL had a sip of coffee. Will he be held in contempt?

JL: Is using references of the European Court decision concerning terrorism cases.
#AssangeCase

EL: The offences in the indictment say that #Assange will have to defend himself against 18 counts that contain the publishing a million documents.
#AssangeCase

Debate over how conditions are applied by Bureau of Prisons. Lewis: I don't think it's fair to deny me access to a document and ask me to comment on it

Judge: if you need the document we can provide it but believe you can answer the question

Lewis: without a document with 1000s of pages I can't comment

Prosec: you purport to be an expert, are you an expert on prison conditions or not?

Lewis: I don't remember everything in the document

Prosec: are you or are you not an expert in conditions regarding mental health care in prisons?

Lewis: if you're asking if I'm a psychiatrist or a warden, I am not.

EL: Tells off JL for not giving him time to read from his statement before reading and interrupting.
#AssangeCase

There is some sound coming out from somewhere with some sort of news report interrupting the proceedings, the judge walked out.
#AssangeCase

So the court should have started by now, most journalists are locked out of the video system, and somehow the court technicians (who I saw today working from their living room) have managed to screw it up again. What a shambles. Open justice?
#AssangeCase

How can the tech team in a court be so damn useful!??! I could do a better job blindfolded and with my hands tied behind my back!
#AssangeCase

Ok we are in, Eric Lewis is asking the court if they can hear him. No one seems to be answering. He has disabled his camera asking if his sound is better with the camera off. No one answers.
#AssangeCase

Mr. Lewis is trying and trying to communicate with the court and no one is paying attention to him even though it appears that the people in the court can hear him.
By the way, Lewis finally is audible after half a day of sounding like he was underwater.
#AssangeCase

Lewis is trying desperately to get the attention of the court waving and screaming "can you hear me?". We can hear the court and him, but the court cannot hear him. Someone said in court that the other room they can hear him, they ask if they should move rooms.

It is now 2.45pm, almost an hour lost, Lewis earns £100 for asking if the court can hear him desperately!
#AssangeCase

The visual representation of the #AssangeCase hearing's tech blunders.

Lewis turns his camera off and asks if shouting helps. No reply from court. It is now 3.02pm
#AssangeCase

The technical clusterfuck that is the Old Bailey court has now recessed until 3:45pm while the tech guys scratch their head trying to fix a two-way communication over the internet.

The tech guys are so incompetent that the judge has decided to adjourn till Monday. This is beyond anything I can imagine! I have dealt with poor tech teams from all over the world and I have never been able to fuck up as bad as these people have.
#AssangeCase

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