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Investigations Editor | Computer Weekly | wgoodwin@techtarget.com | DMs open | Signal 07931494048

Sep 15, 2020, 25 tweets

Back in court to hear evidence from witness Paul Dunkin in #Assange extradition at Old Bailey.

Durkin is a US defence attorney who has practiced for 47 years. #Assange

He said that there are major limitations on the access by defence lawyers to government documents in national security cases #Assange

Durkin said that Assange is likely to face a prison sentence of 30 to 40 years - the equivalent of a life sentence given his ag

A court could also take into account other allegations of conduct against #Assange even if he is acquitted of them as an aggravating factor in sentencing.

James Lewis QC is about to begin cross examination of Durkin #Assange on behalf of the government

Durkin finishes evidence @assange

@assange Recap of evidence given by Thomas A Durkin, US attorney for 47 years follows. He has a life time achievement award and represented some of the detainees at Guantanamo. #Assange

@assange He was questioned by Edward Fitzgerald, representing Assange about the difficulties #Assange would have preparing a defence.

@assange Durkin said; "The bib problem for the defence is that you can't discuss anything you learn in a classified setting with the defendant unless the government declassifes disclosure materials" #Assange

@assange Durkin: Classified information can only be reviewed in a secure facility by lawyers who have a security clearance and only if they have a need to know. They may discuss evidence with a security cleared co-counsel but not with the defendant #Assange

@assange Durkin said that #Assange was likely to receive a sentence of 30 to 40 years - effectively a life sentence.

@assange Durkin said the US imposes a trial tax which means that defendants will receive a longer sentence if they opt to go to court rather than accept a plea bargain by admitting guilt #Assange

@assange Durkin: "In the last five to ten years, most clients if you are honest and blunt with them about the consequences...simply agree a plea put in front of them because the can't risk going to trial"

@assange Drukin said that any type of plea bargain that would be meaningful to the defence would require #Assange to co-operate with the government. He agreed that could mean disclosing confidential sources of information

@assange Durkin disagreed with a statement from US prosecutor Gordon Kromberg in the #Assange case that US Grand Juries were an effective safeguard against political prosecutions.

@assange The decision to charge #Assange would have been made by the US Department of Justice and in the case of this magnitude by the national security division of the Department of Justice.

@assange Durkin: "For a Grand Jury to say no [to a prosecution] is virtually unheard of. It happens once every 4 or 5 years" #Assange

@assange James Lewis QC for the prosecution questioned how Tom Durkin could know that the #Assange case would require analysis of an unprecedented amount of documents disclosed under discovery

@assange Durkin said: "Discovery is always a problem for a defendant. ..It is a huge cost consideration and particularly in these days of electronic discovery requires a large staff of non-lawyers to manage it" #Assange

@assange Durkin: "You expect a large amount of discovery and you have to review it with the client and that becomes very difficult when the client is detained pre-trial" #Assange

@assange Is the prosecution of #Assange politically motivated ? James Lewis QC raised evidence of Mark Feldstien bit.ly/32cuMNu who said that the Obama administration had not made a decision to prosecute Assange, rather than taken a decision no to prosecute

@assange Durkin: "What appears to have happened was the Obama administration under Attorney General [Eric] Holder made a decision not to charge Mr Assange...That does not mean it was not a political decision #Assange

@assange James Lewis pressed Durkin to disclose if he was being paid for giving statements for the defence. He said that he was being paid for his time #Assange

@assange The case resumes tomorrow #Assange

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