Thread by @kgosztola

The fourteenth day of proceedings in the trial portion of WikiLeaks founder Julian Assange's extradition hearing will begin shortly. I'll have live updates in this thread. #AssangeTrial

Yesterday, Dr. Sondra Crosby, who visited Assange multiple times in Ecuador embassy and Belmarsh prison, testified. One of only witnesses we'll hear from on symptoms of "psychological torture" he showed in embassy. dissenter.substack.com/p/essentially-… #AssangeTrial

Patrick Eller, who is a compute forensics expert, will take the stand. He reviewed evidence from Chelsea Manning's court martial that particularly relates to computer crime charge and is an expert witness. #AssangeTrial

Defense requests and judge grants Patrick Eller an hour delay in giving testimony so he can look over a prosecution bundle that was only shared with defense about 10 hours before he was to testify. #AssangeTrial

Summers said Eller's evidence was served 9 months ago in January. He alleges pass code hash conspiracy was not possible. Initially, prosecutors hadn't challenged his expert evidence but now they are taking issue. #AssangeTrial

Judge Baraitser tried to use time to deal with request from the press for statements submitted by doctors. Both defense and prosecution opposes their release and judge must decide whether not releasing to protect Assange's privacy upholds open justice principles. #AssangeTrial

To the extent that is of any interest to those following, the press needs time to respond to defense and prosecution arguments. Judge will take a response and rule Monday. #AssangeTrial

Defense asks the court for a month after the last witness testifies on October 2 to prepare written submissions (closing arguments) for the court. Willing to not have hearing where they present orally. Most important is Assange be able to review #AssangeTrial

Lewis supports submitting arguments in writing but does not want to come back for a public hearing. Says there will be more evidence and that'll be a problem. "Must be finality." #AssangeTrial

But for global pandemic, Baraitser says this "would've concluded in May. Defense has had ample time. All arguments in "skeleton" provided to court. Assange remains in custody. #AssangeTrial

Fitzgerald mentioned that, of course, granting Assange bail would resolve the issue of remaining in jail while waiting for proceedings to wrap. "Not atypical of these cases" to take longer, and "it's not Mr. Assange's fault taht there has been this lockdown." #AssangeTrial

Fitzgerald: "This is our only, as it were, hearing before a tribunal of fact" - and for evidence to be marshaled and assembled. #AssangeTrial

Baraitser asked about the risk of additional evidence being sought.

Fitzgerald said it would have to be "something dramatic," like "Trump is going to execute journalists." #AssangeTrial

Baraitser asked Fitzgerald what impact the outcome of US presidential election may have on the defense's case.

Fitzgerald said it may have an impact but regardless he noted it's unlikely Baraitser would rule before Nov. 4. #AssangeTrial

According to Fitzgerald, most of case goes to how Trump admin initiated the prosecution, which will "remain good." Also systemic problems in US prisons will remain regardless of US election outcome #AssangeTrial

Baraitser agreed one way the other she would not be able to rule on extradition until after Election Day in the United States. She granted defense four weeks after the extradition trial to submit closing submissions. #AssangeTrial

There will be no ruling on extradition before January, Baraitser made clear. #AssangeTrial

Defense attempts to submit evidence from experts on conditions of isolation in ADX Florence and as they relate to SAMs, in order to rebut Assistant US Attorney Gordon Kromberg. Prosecutors object and judge refuses to allow. #AssangeTrial

Patrick Eller takes the virtual witness stand. #AssangeTrial

Eller has served 20 years in US Army and was Command Digital Forensic Examiner for program of more than 80 digital forensic examiners at US Army Criminal Investigation Command headquarters in Quantico, Virginia. #AssangeTrial

Eller was asked to consider allegations in indictment—that Assange assisted Manning in "cracking a password stored on US Department of Defense (DoD) computers connected to the classified secret internet protocol router network (SIPRNet)." #AssangeTrial

Second allegation, as Eller understood, was cracking password would allow Manning to "log on to computers under username that did not belong to her and that such measure would have made it more difficult for investigators to determine the source of disclosures." #AssangeTrial

A third allegation, as Eller understood, was that there was an agreement in an alleged conspiracy. More specifically, that Manning provided "a partial hash value asking if Assange knew how to assist in cracking it." #AssangeTrial

Summers asks about allegations. "Did that tell you anything on its face about the use of or possible use that this hash cracking was going to be put to?"

"No, it did not," Eller answered. #AssangeTrial

Summers: "Did it tell you anything about the computer to which it related?"

"No, it did not," Eller answered. #AssangeTrial

Summers: "Did it tell you it related to a government computer?"

"No, it did not," Eller answered. #AssangeTrial

Referring to the FTP account on Manning's computer, would she have been able to get the ROE [Iraq Rules of Engagement] using that account?

Eller: FTP account would not have access to T-Drive so in that sense, no. #AssangeTrial

I'll have rapid flashbacks to Chelsea Manning trial throughout today. The judge didn't know what a SCIF was, and the witness took some time to state what this was an acronym for. I blurted answer loudly at my laptop screen. #AssangeTrial

Summers: Code was never cracked?

Eller: No, it was not.

Summers: Discussion was never returned to?

Eller: No, it was not. #AssangeTrial

Eller testified that Chelsea Manning's downloading materials was tracked by documenting the IP address of the computer that was accessing them. #AssangeTrial

To Eller, Manning would never have used password hash to exfiltrate files to nongovernment computer and transmit to WikiLeaks. She had Linux CD that allowed her to access files and bypass Windows security features. We know this was done based on SAM file. #AssangeTrial

James Lewis, lead prosecutor, asked Eller if agreed Manning and Assange "thought they could crack password & agreed to attempt to crack."

Eller answered, "A hash was provided and they said they had rainbow tables for it. It never stated where that hash was from" #AssangeTrial

Eller continued: "The government's own expert witness in the court martial stated that was not enough for them to actually be able to do it."

This is in court-martial transcript. #AssangeTrial

In response to this critical answer, highly relevant to whether there is any substance to computer crime charge, Lewis came back with: "Are you aware Assange publicly boasted he is a fantastic hacker?" #AssangeTrial

Lewis made an abstract statement about how the strongest hacker can sometimes break even the strongest encryption and scampered on to next line of questioning. #AssangeTrial

As was raised in Chelsea Manning's trial, soldiers were downloading music, movies, and programs on to their secure computers without authorization. They had Jason Milliman, computer engineer, help them cause they lacked administrative privileges. #AssangeTrial

An FTP account, which is relevant to prosecution's computer crime allegation, would be useful in adding unauthorized music, movies, and programs to a computer #AssangeTrial

Days before the chat that forms basis of allegation of conspiracy, Manning's computer was reimaged. All data removed and fresh operating system installed. Eller said it would've only had base line of approved programs and no unauthorized downloads. #AssangeTrial

A good section of Lewis' cross-examination of Eller was spent showing off the little knowledge about how encryption and FTP accounts work in his mega-brain. For example, we got thumbnail history of "Land Manager." #AssangeTrial

Eller's testimony is, "At the time, it would not have been possible to crack an encrypted password hash such as the one Manning obtained." Lewis called this out as "carefully worded" and attempted to change Eller's "opinion." #AssangeTrial

Megan Brown, Special Agent for FBI, put in her affidavit, "Cracking password would have allowed Manning to log onto computers under a username that did not belong to her," and she referred to password hash for "ftp user." #AssangeTrial

During cross-exam by Lewis, prosecutor tried to suggest that FTP account user info was wiped when Manning's computer was reimaged.

Eller rejected this theory. "I don't know that it did. According to the govt's own expert," FTP account was another local account. #AssangeTrial

We're on lunch break, but I don't have to wait until defense re-examination to make this point—

The US government is contradicting their own computer forensic expert who testified in Manning's trial in order to advance this computer crime charge against Assange. #AssangeTrial

Defense re-exams Eller.

Summers: Nathaniel Frnak - were you asked to investigate whether Nathaniel Frank could be attributed to anyone in particular?

Eller: No I was not. #AssangeTrial

Summers: Seen evidence that linked Assange to that identity?


Eller: No, I did not. #AssangeTrial

Summers: Why use the name Assange please?


Eller: It’s provided throughout the documentation. "What was assumed, excuse me” #AssangeTrial

Summers: Aware of who sat at the other end of whatever computer terminal Nathaniel Frank was using?


Eller: Of course not. I could not have that personal knowledge. #AssangeTrial

The prior exchanges tracks with evidence in Chelsea Manning's trial. As far as I can recall, military prosecutors never were able to definitively prove Assange used this account. It was merely their belief. #AssangeTrial

Summers recalled Lewis referred to article from 1999 suggesting vulnerabilities with encryption software were exposed but Eller told Lewis that was solved by Microsoft in 1999 with a patch. So it was no longer computationally feasible to hack. #AssangeTrial

Assange would not have been able to engage in a hack that was computationally infeasible, Eller agreed. #AssangeTrial

Summers told IP address logs would narrow investigators down to the machine that was used and give the time database was accessed. It would be possible for the government to work out who on what shift was on a particular computer. #AssangeTrial

Summers: The benefit that Mr. Kromberg says could've been obtained from getting into FTP user account was already availbel to Chelsea Manning because she had the Linux live CD.

Eller: That is correct. #AssangeTrial

The FTP account was clearly assigned to both of Chelsea Manning's computers, and digital forensics investigators had no problem figuring this out in the case #AssangeTrial

Court is presently hearing argument over whether the press should have access to statements from witnesses who gave private and sensitive testimony on Assange's health. Both defense and prosecution are opposed. #AssangeTrial

I'm personally neutral. I see the argument for judge granting disclosure to press requesting access. I also recognize the sensitivity the defense would like the media to have. Plus, I heard all this testimony in court and don't feel I have gaps in knowledge. #AssangeTrial

I'll go back and add some more details from Eller's crucial testimony. He laid out in his statement to court what deficiencies he saw in "technical explanation of password hashing allegations" and cast doubt on purpose of Jabber chat. #AssangeTrial

Eller: "Timeline of events shows that this Jabber chat which allegedly took place between Manning and Assange occurred after Manning had already downloaded" Reykjavik cable, Gitmo Files, Iraq War Logs, and Afghan War Logs. #AssangeTrial

Eller: Downloading war logs, or "CIDNE documents," were done "routinely in the course of work, as offline backups were needed in the event that there were SIPRNet connectivity issues." #AssangeTrial

Eller: "Only set of documents named in indictment that Manning sent after alleged password cracking attempt were the State Department Cables. Manning had authorized access to these documents." #AssangeTrial

Eller goes on to add particularly that she must have accessed Cables from "her usual account on the SIPRNet computers in order to download and submit" Reykjavik cable to WikiLeaks in February 2010. #AssangeTrial

Eller: "Prior to any detailed technical analysis, the indictment’s assertion that Manning hoped to gain anonymity or was trying to access information that she did not already have authorization to access is a weak one..." #AssangeTrial

Eller (cont'd): "...as she already had authorized access which she used to download the above datasets. It is unclear to me that any anonymity would have been gained by cracking the password hash to gain access to the ftpuser account." #AssangeTrial

We are adjourned until next week.

As I've done for three weeks, there will be a live video report on Day 14 here:

And if you have questions on #AssangeTrial for me, I will answer your questions.

In between live updates on #AssangeTrial, end-of-day video report, and putting together a written article, I found time to interview Daniel Ellsberg.

Here's a bit of a teaser for this interview I expect to post later today.

Programming note: I'll be live at the top of the hour.



I have to accommodate my wife's work schedule and wait for a meeting she is leading to wrap.

I'll still provide the same quality rundown of what happened. Thanks for waiting.