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
@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
1/ One of the world’s most prestigious general science journals, Nature, was the target of a two-year-long sustained and virulent secret attack by a conspiratorial group of extreme Brexit lobbyists with high-level political, commercial and intelligence connections.
2/ The group attempted to have Nature and its staff put under surveillance and investigated by MI5, MI6, the CIA, Mossad, and Japanese and Australian intelligence agencies. They met cabinet minister Michael Gove and asked him to arrange phone taps and electronic surveillance.
3. They called themselves the “Covid Hunters”. Their allegations against science reporting helped fuel an explosion in “lab leak” claims on right-wing conspiracy sites. They pushed their “extraordinary, true story” to a top Hollywood producer in 2020.
Breaking: The high court has granted the US leave to appeal the decision not to extradite #Assange on two further grounds of appeal. This includes challenging the use of evidence from defence expert Professor Matthew Kopelman over Assange's risk of suicide if extradited.
The High Court overturned a decision by Justice Jonathan Swift to reject 2 out 5 grounds of appeal put forward by the US government #Assange
Lord Justice Holroyde and Justice Farbey found the US had an arguable case that Kopelman did not act in accordance with his duty as an expert witness by omitting to disclose #Assange's relationship with his partner Stela Moris and their two children in his first report.
Today the US will begin the process of appealing against the UK court's decision not to extradite WikiLeaks founder, Julian Assange. The preliminary hearing is due to start at 10:30. I am reporting on the case by remote video link. I will post updates here. #Assange
This story summarises the main issues that are expected to be raised today.
The US is arguing for permission to challenge the evidence of medical expert, Michael Kopelman, head of neurospychiatry at King's College London in the Court of Appeal. Kopelman found that Assange had autism, recurring depression, and was at high risk of suicide if extradited.
Around 1600 Belgium police raided 200 premises this morning in one of the largest police operations the country has undertaken. Belgian police have refused to confirm or deny whether the raids are linked with the compromise of the secure phone network @SkyECCofficial#Encrochat
The raids took place between 0500 and 11 am this morning. More than 10 people have been arrested. @SkyECCofficial#Encrochat
Belgium police say it will take months to evaluate the information seized during the raids. @SkyECCofficial#Encrochat
Victory for journalists, press freedom after tribunal finds there is no reason to bar people from using the UK's freedom of information act simply because they are not in the UK. @SMaurizi@estelledehon@EmmanFre@benjameslucas
The decision comes after the First-Tier tribunal stayed 16 Freedom of Information by appeals by journalists and ordinary people, because they were either not UK citizens, or had UK nationality but were living abroad. @SMaurizi@estelledehon@EmmanFre@benjameslucas#FOIA
Today's decision means that the Freedom of Information Act will continue to operate as it always has done for the past 15 years. It is open to any person regardless of nationality or place of residence.@SMaurizi@estelledehon@EmmanFre@benjameslucas#FOIA
Good morning. Today a court will decide whether Julian Assange should be released on bail from Belmarsh Prison, following the decision by Westminster Magistrate's court not to extradite him to the US on espionage charges. #Assange#Assangetrail