Prosecution claims ADX Florence has improved in terms of mental health facilities and treatment, citing the Cunningham v. Federal Bureau of Prisons settlement from 2016.
Lewis: improved in some ways, gotten worse in others
Prosecution: that's just a soundbite from the defense team
Lewis: no, I can explain why
Prosecution: no need
Defense asks judge for Lewis to be allowed to answer question.
Prosecution alleges it's not likely that #Assange will receive the max sentence, citing AUSA Kromberg and Federal Sentencing Guidelines.
(Are people supposed to be delighted about these prospects? Even 1/4 of that is still 44 years in jail, akin to a life sentence)
Lewis indicates Chelsea Manning was sentenced to 35 years in prison.
Prosecution, in response brings up case of Jeffrey Sterling who faced 130 years in prison for leaking classified docs but was ultimately handed a sentence of just 42 months.
(Since they were talking about Babar Ahmad earlier, wouldn't it be smart if the defense or Lewis brought up the fact Ahmad only served 12 months in the US after Judge "credited" him for time already held in jail? #Assange has been in confined for years in embassy + Belmarsh)
Prosecution brings up another example of Terry Albury only receiving 49 months in prison.
All the above would be great .... except for the fact that Julian Assange
1) Is not American 2) Does not work for the US government 3) Did not commit a fucking crime
Prosecution alleges that sentencing handed out to US gov officials who leaked classified info was "lenient".
Something tells me that a transatlantic kidnapping mission and threatening a journo who is not American and does not work for US with 175 years is not exactly lenient.
They're on recess. I swear this kangaroo court is such an abomination.
On the issue of the First Amendment, prosecution asks Lewis if constitution supersedes all else, Lewis answers yes: no publisher has ever been prosecuted for publishing classified docs.
Prosecution to Lewis: in USA vs Steven Rosen, judge concluded Espionage Act was not "unconstitutionally vague" even though charges dropped.
(I think that might have more to do with the fact they were spying for AIPAC and israel gets away with murder– literally).
Prosecution and Lewis going back on forth on whether First Amendment comes before national security interests. Prosecution asserts the two must be balanced i.e. in some cases nat sec > free speech.
Seems the prosecution can't make their mind up half the time whether Julian #Assange is a journalist, whether he has first amendment rights or whether he is both a journalist and has first amendment rights, but it doesn't matter because allegedly national security comes first.
Lewis responds to the prosecution that the Pentagon Papers was the landmark 'balancing act' between first amendment and national security interests.
Prosecution argues that third parties who help a source access and leak classified info aren't protected and that the Supreme Court has never precluded itself from prosecuting journalists.
Prosecution asking Lewis what makes him an authority on political science and if he's ever published any peer reviewed articles. (What does this have to do with #Assange? lol).
Referring to Mark Feldstein's testimony from Day 1, prosecution asks Lewis: do you agree with Feldstein that the Obama never made a decision to prosecute (as opposed to "made a calculated decision not to prosecute".
Lewis asserts this comes down to a misunderstanding of how the DOJ and prosecution works.
Prosecution implicitly tries to discredit Lewis by asking him if he has direct knowledge of what went on in the Obama administration or conversations with federal prosecutors.
Lewis asserts that it is a top-down bureaucracy and decision to prosecute is directed to them.
Prosecution to Lewis: are DOJ and AUSAs acting in bad faith and not following guidelines?
Lewis: Jeff Sessions essentially pressured EDVA to bring the case against Assange
Translation of the above: it's a political witch hunt, prosecutors were specifically directed to go after Assange.
Prosecution to Lewis: "conjecture"
Lewis points to Trump's ever-changing views on WikiLeaks, underscoring political nature of the prosecution (nothing based on new evidence).
Prosecution finishes cross-examining Lewis.
Fitzgerald of the defense rises to question Lewis.
Fitzgerald asks Lewis about Obama's decision not to prosecute #Assange.
Lewis believes that the Obama decision took a specific decision not to prosecute Assange, as opposed to passively not prosecuting him. This is underscored in a WaPo article, 2013.
Lewis cites a statement from DOJ Spokesman Matthew Miller (from the same article): "The problem the department has always had in investigating Julian #Assange is there is no way to prosecute him for publishing information without the same theory being applied to journalists,”
Lewis asserts that it is only under Trump's direction that the DOJ decided to go after #Assange (once again, making the matter political).
Lewis: Trump has openly stated he can do whatever he wants with the Justice Department
Lewis: this opinion was also expressed by Attorney General Barr who views the DOJ (and subsequently AUSAs) as instruments of the president, not independent.
Lewis cites political influence by president on Roger Stone case, firing of George Berman, etc
Lewis: nothing at all has changed since 2011 in regards to #Assange and @wikileaks. No new witnesses, evidence or testimony – only explanation is the change of leadership in DC.
Jeffrey Sterling @S_UnwantedSpy CIA whistle blower's response to the prosecution citing his "light" sentencing as some kind of farcical example of "leniency".
Fitzgerald: if someone is placed under Special Administrative Measures (SAMs) this is akin to being placed in solitary confinement?
Lewis: Yes
This is outlined underneath by the Mandela Rules (Source: UNODC) #Assange#AssangeCase
Lewis asserts that if extradited to the US #Assange could face up to three years alone just in pre-trial detention, similar to Lewis' former client Abu Khattala.
Lewis also goes on to say that the vast majority of prisoners diagnosed with mental health issues receive no treatment whatsoever under SAMs and the prosecution is lying about accommodations being made.
Court resumes from lunch break.
The defense continue their cross-examination of expert witness Eric Lewis.
Lewis: real risk of #Assange receiving 175 years in prison without being convicted on all counts because courts can play with the sentencing guidelines.
Lewis' testimony is over.
The next expert witness to testify in the #Assange hearing is Thomas Durkin. He is a criminal defense attorney, has practiced law for nearly half a century and teaches National Security Law at the Loyala University Chicago
Durkin illustrates the difficulties when dealing with cases involving national security. Attorneys can be prevented in some cases from even discussing material with their own clients due to classified nature of materials and evidence.
Durkin confirms that it is "very likely" #Assange would be convicted of several counts and served a sentence of maybe 30-40 years– effectively a life sentence at his age (49).
Durkin refers to Chelsea Manning's @xychelsea trial. She was handed a 35 year sentence and Assange is likely to get even more than that, as US gov considers him to be a substantially greater threat. (Even though he's a publisher, not source).
Durkin raises a crucial point: a US court will very likely take conduct into account when sentencing, ("aggravation") leading to harsher sentence.
Conduct refers to the new allegations (not charges!) DOJ added to indictment, accusing #Assange of working with hackers, etc.
On Day 1 of the #Assange hearing resuming last week, Judge Baraitser refused to throw out the conduct without further consideration.
Keep in mind, US submitted indictment past deadline and Julian was only given new warrant to look at the day of hearing.
Durkin raises another important point, #Assange could be coerced and bullied by the US government into pleading guilty in exchange for leniency (due to astronomical emotional, financial toll of going to trial).
Responding to Fitzgerald of the defense, Durkin asserts that the defendant could indeed by coerced by US government into revealing sources and other critical information in order to receive leniency, in context of a plea deal.
Durkin in so many words agrees the prosecution against #Assange is essentially a political witch hunt by Trump regime.
Fitzgerald: can a grand jury act as a safeguard against ill-intent of a politically motivated prosecutor?
Durkin: not really, unheard of grand jury not to return an indictment and there is no appeal system.
Prosecution will now cross-examine Durkin
James Lewis QC asks Durkin if he thinks #Assange will flat out be denied a fair trial if extradited to the US, or that it would be difficult to obtain one?
Durkin: he will not get what I believe to be a fair trial
Lewis tries to paint the inability to view classified info a simple "inconvenience".
Durkin: it's not just an inconvenience. Attorney is not allowed to even discuss it with the defendant. I don't think AUSA Kromberg would declassify anything or provide access to #Assange
UK Foreign Minister tweets about standing with those who tell the truth while Assange is literally twenty mins away from White Hall being tried in a kangaroo court for journalism. You can't make this up.
Durkin adds that pre-trial preparations would be made considerably difficult given the fact there is a lot of classified information involved in the case, #Assange would be detained, and would be very costly.
Durkin's opinion is that Obama and Holder specifically declined to prosecute Assange. Trump only reopened the issue and pursued an indictment for political reasons. #Assange wasn't indicted by grand jury but rather by DOJ.
Defense goes back to cross-examining Durkin. Fitzgerald brings up 2013 WaPo article and DOJ statement not to go after Assange because it would've meant going after other journos too.
Durkin says leaks at the time are reliable. If they wanted to get #Assange they would've
Durkin finishes testimony and court is adjourned for today. Will resume tomorrow at 10am local time.
Under Oslo, Israel had to free Palestinians like Waleed Daqqa. That was In 1993. He died last week. Killed through deliberate medical negligence.
Thousands of Palestinian hostages are in Israeli dungeons, without charge or trial. The world didn't care.
Waleed Daqqa wasn't held under administrative detention, but the fact Israel kept him in violation of Oslo, and then even after completing the 35 years of his life sentence! And on top of all this, denied him conjugal & family visits, or proper medical care.
He was supposed to be top of the list for any prisoner deal, because they are done based on seniority. He could have been freed in at least 4.
Denied. Over and over.
The Resistance fought for him and the thousands like him that the world ignored
BREAKING: Julian Assange has been granted limited leave to appeal by the High Court.
I have just been given the ruling and will provide more information below
Before I include more points of order (the ruling is around 66 pages) this means that Assange has not exhausted his legal options in the United Kingdom, and may yet convince a court to stay and bar the extradition to the United States
This is a full explanation of the Assange case, please watch it if unfamiliar (and even if you are) as it encapsulates the entire issue in one video.
There's no such thing as a "debate" about Israel. You don't debate theft. Theft is wrong.
Israelis are thieves. That's what colonialism is. This is not their land, and as long as they are there, there will be resistance. They will leave one day whether they like it or not.
What Israel have done is ruin the Jewish communities in Arab countries. The Israelis, on purpose, created hostile environments toward Jews in Arab countries, specifically to make them leave to Israel. How do we return these communities now? This is the only question that matters.
But the majority of Israelis, the Israelis who make political decisions, the ones who created the terrorist groups Haganah, Irgun, Lehi-- which then became the IDF-- they're all Europeans, and they can simply go back to Europe where they belong like all European colonizers.
Alas, Victoria Nuland resigns, her 10-year war against Russia a giant, pathetic flop.
My favorite moment was her trip to Niger last summer after the coup, expecting the red carpet treatment, and instead Tchiani refuses to meet and sends his adjutants.😂
Speaking of which, Putin ground Nuland and NATO's war against Russia to a total halt using well-placed, insurmountable fortifications. This is why the famed "spring counteroffensive" never came.
Russia's stockpiling and mass-production of shells, which the West couldn't catch to even in 50 years, is another major factor:
BRICS, and outmaneuvering sanctions also contributed to Russia's victory:
🧵THREAD: It's forbidden to say anything good about Yemen. If you do, the frauds calling themselves "fact-checkers" will descend on you to reinforce Western propaganda.
Take these two people, "Charlotte Green" and "Alex Demas" and their funny emails to me.
Yemen ensured the crew of a UK ship (RUBYMAR) got to safety after they had attacked it for violating the blockade. Crew were taken by a passing vessel to Djibouti, but that doesn't mean Yemen didn't help ensure their rescue. As I said, Yemen confirmed this in English & Arabic.
(People like Alex Demas and Charlotte Green, would know this if they weren't lazy. But they don't want you to hear the other side).
Yemen have never lied or given incorrect information in a press briefing. And neither Djibouti, nor the crew dispute that Yemen helped.
Palestinians get Palestine, and israelis return to their original countries.
It is a very selfish thing to be a Zionist: you leave your country to go take another person's country and then kick them while they're down
Many Israelis have dual citizenship. Those who don't can easily obtain nationality of their parents'/grandparents' countries & end the war
BTW, a story that comes to mind: when the Israelis wanted to kill a resistance leader in Dubai, one of them pretended his parents were Holocaust survivors to get German citizenship. Germany caught him, then sent him to israel. They also forged UK/US/Oz passports. Zero backlash.