Julian is now in the courtroom. Judge Vanessa Baraitser is confirming that he has been re-arrested & whether the new extradition request has been served to the defendant & the previous one has been withdrawn. Working out the formalities of the process live in court. #AssangeCase
Defense lawyer Ed Fitzgerald says this is the first time he's seen Julian in 6 months. The court asks if Assange "consents to be extradited." Julian says, "No." #AssangeCase
Judge discussing the rules binding those following the case remotely, says she's refused access to some non-press members of the public. Says a legal challenge would likely fail on open justice grounds. Reviews which countries are under #covid19 travel restrictions #AssangeCase
See Assange's Defense Skeleton Arguments here assangedefense.org/live-blog-entr… #AssangeCase
Defense and prosecution discussing how expert witnesses will give testimony. Prosecutor is claiming that a defense witness can't be considered an "expert" on journalism #AssangeCase
Follow this list for livetweeted coverage of #AssangeCase -- twitter.com/i/lists/123187…
We'll break for an hour now #AssangeCase
Amnesty International () and PEN Norway (), attempting to monitor these internationally consequential legal proceedings, are among those whose remote access to the #AssangeCase was granted and then revoked.
WikiLeaks' editor-in-chief @khrafnsson discusses his own denial of access, human rights NGOs and foreign MPs denied access as well:
Court is back in session #AssangeCase
Brief recap of issues discussed this morning: 'Assange’s Extradition Hearing Resumes: 7 September 2020' defend.wikileaks.org/2020/09/07/ass… #AssangeCase
Defense counsel explaining how late the US prosecution's second superseding indictment. Defense didn't hear about it from the prosecution or the court, learned about it from DOJ's press release. #AssangeCase
The replacement superseding indictment is here: justice.gov/opa/press-rele… #AssangeCase
From Gizmodo, in June: "DOJ's New WikiLeaks Indictment Has Significant, Convenient Plot Holes" gizmodo.com/dojs-new-wikil… #AssangeCase
Defense counsel discussing changes in the new superseding indictment, new conduct alleged well after proceedings already underway #AssangeCase
Defense: 6 months after opening submissions, the US announced a new indictment. “It is a curiosity that the US had, in previous hearings, been content for the hearings to go ahead in February & in May, presumably knowing that this was coming.” #AssangeCase
Defense: “It would be extraordinary for this court to be beginning an extradition hearing in relation to allegations like that within weeks of their announcement without warning and even more extraordinary to do in circumstances where the defendant is in custody” #AssangeCase
Defense proposes excising the new conduct alleged in newest superseding indictment. “It impossible for the defense team to deal with the allegations being put to him and in relation to material for which you have been provided no explanation for their late arrival”. #AssangeCase
Defense: “It is fundamentally unfair to introduce separate criminal allegations, without notice, without time to prepare evidence, where the defense cannot properly deal with the new aspects of the case." #AssangeCase
“What is happening here is abnormal, unfair and liable to create real injustice if it is allowed to continue” #AssangeCase
“The appropriate course is for the court to exercise its powers to excise the new allegations” #AssangeCase
US prosecutors are opposing the defense proposal regarding the new indictment. Arguing re: dual criminality. #AssangeCase
Prosecution: “The court doesn’t have the jurisdiction to do what the defense is asking. The statute mandates that you consider the conduct.”
Defense: “Wrong, wrong, wrong and wrong” #AssangeCase
Defense: “Wrong, wrong, wrong and wrong” #AssangeCase
Defense: "The first proposition put to you is that there is jurisdiction to make repeated extradition requests and so we can do this. To an extent that is right, there is a jurisdiction to make repeated jurisdiction requests." #AssangeCase
Defense: "But there isn’t any case where it has been done in circumstances with this, to ensure fairness to the parties. The problem is that there wasn’t sufficient time to deal with it and it has been made too late." #AssangeCase
Defense: “The import of the US submissions are 'we have no reason to explain ourselves'….no apology from the US and no explanation for it. We believe the US saw the strength of the defense case and decided they needed to improve their case” #AssangeCase
Judge ruling on this matter, says defense should have asked for more time despite Assange being in custody (already 1.5 years). If conduct is to be excised it must be in context of an extradition bar or abuse of process argument. Refuses defense proposal to excise. #AssangeCase
*Statutory bar. Judge: "I refuse to excise some of the conduct at this stage and invite the defense to raise it in the context of the statutory scheme." #AssangeCase
Court now adjourned for an hour for lunch. #AssangeCase
Court resumes just for defense to request 30 more mins adjournment, to discuss issues with Assange. #AssangeCase
Court resuming shortly for witness testimony of Mark Feldstein, a distinguished academic specializing in broadcast journalism (per @kgosztola's preview: dissenter.substack.com/p/julian-assan…) #AssangeCase
In light of judge refusing to excise new conduct, the defense applies to adjourn these proceedings. #AssangeCase
"We are simply not in a position to gather evidence" to prepare for allegations "made in only the last few weeks." Defense says this is compounded by #covid19 and lack of access to Assange. #AssangeCase
Explaining why the defense didn't ask for adjournment earlier, Mark Summers says Julian hadn't even given chance to see the new extradition warrant. No time to go over it with him. #AssangeCase
Judge: I know you haven't physically seen your client, but haven't you spoken to him by phone? Defense: yes, but these are very short phone calls, only twice. No videolink, can't show him documents, difficult to hear each other. #AssangeCase
Defense asks for an adjournment until January. Prosecution now complains about defense asking now, doesn't see why the new indictment presents any problem #AssangeCase
Prosecution refers to new indictment as a "small expansion to count 2." Judge adjourns the court for 10 minutes now to consider the defense's request for adjournment. #AssangeCase
Updated post here: defend.wikileaks.org/2020/09/07/ass… #AssangeCase
Court back in session. Judge ruling on defense request for adjournment. Says defense had time to apply to adjourn previously and they did not do so. #AssangeCase
Judge says she ruled not to excise new conduct, this can't have come as a surprise and the defense should have acted as if we would proceed. Judge denies defense application to adjourn. #AssangeCase
So we continue on today. Mark Feldstein will be produced as a witness by videolink. He needs to be contacted. #AssangeCase
Prof. Feldstein has been sworn in but the court is sorting out technical difficulties. Asked to test his audio, Prof Feldstein says, "Congress shall make no law...", the start of the First Amendment. #AssangeCase
Court adjourns now to deal with videolink issues. 10 more minutes. #AssangeCase
Back in court. Defense asks to start with Feldstein now and resume with him tomorrow afternoon, rather than tomorrow morning, because of the time-zone difference. Testimony beginning now. #AssangeCase
On leaks of classified “There are so many of them – thousands upon thousands – it is routine; every study in the last 60 years has said the leaks of classified information...inform the public about government decision making but they also evidence government dishonesty…."
Defense: “Some journalists make a career of this?"
Feldstein: "Yes, Pulitzer prize winners and some of the most respected journalists in the nation”
Feldstein: "Yes, Pulitzer prize winners and some of the most respected journalists in the nation”
Would you expect publishers to be prosecuted for this criminal conduct?
“Well no….because the First Amendment protects a free press and it is vital that the press expose wrongdoing….not because journalists are somehow privileged but that the public has a right to be informed”
“Well no….because the First Amendment protects a free press and it is vital that the press expose wrongdoing….not because journalists are somehow privileged but that the public has a right to be informed”
Feldstein's submitted statement here: defend.wikileaks.org/wp-content/upl… #AssangeCase
Has there ever been a precedent of the prosecution of a publisher?
“There has always been a divide, the source-distributor divide….they have charged whistleblowers or sources, but have never charged a publisher, a journalistic or other news outlet.” #AssangeCase
“There has always been a divide, the source-distributor divide….they have charged whistleblowers or sources, but have never charged a publisher, a journalistic or other news outlet.” #AssangeCase
There have been other attempts to prosecute journalists before?
“There have been extraordinary efforts to punish presidential enemies…”
Presidents going after journalists but never to the point of a grand jury returning charges?
"That’s correct”
#AssangeCase
“There have been extraordinary efforts to punish presidential enemies…”
Presidents going after journalists but never to the point of a grand jury returning charges?
"That’s correct”
#AssangeCase
After 20 mins of technical audiovisual issues, we hear that the court has risen for the day. Resuming tomorrow 10am London time. #AssangeCase
