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Sep 16, 2020 54 tweets 20 min read Read on X
Day 7 of the #Assange hearing is about to begin.
Our tweets are on this thread.

We'll report live at 5pm BST on #CNLive!

Judge has arrived. James Lewis the prosecutor has revised his time. He will be very short with the first witness, John Goetz. We see him appear onscreen.
John Goetz is a senior investigative journalist with NDR. He worked for @derspiegel from 2007-2011. His reports have won prestigious awards

In 2010 he was asked to meet w/ @Guardian & #JulianAssange to work together, reporting on the war in Afghanistan. He worked in the Bunker
John Goetz: From the @Guardian bunker we would work together & write our own series. At the time such a media partnership was uniques. We also worked with Eric Schmidt from @nytimes.

I worked on the Afghan War Logs, alongside Nick Davies.
MS: So you wrote about Task Force 373.
JG Yes, it was a big story, something like Operation Phoenix. #JulianAssange alerted me to the fact that the material needed to be kept secure.

MS was there an awareness it was sensitive material
JG Absolutely.
MS Describe Mr #Assange's behaviour.
JG Like everyone we were talking about how to understand the material. Julian pre-occupied himself with technical strategies for detecting & redacting names
MS how did the media partners behave re redacting.
JG Eric Schmitt informed Whitehouse
MS How many docs were redacted?
JG 15K
MS Who published first?
JG As far as I know we [@derspiegel] published first. I think we all published before @WIkileaks.
JG Are you aware of any names that slipped through the net?
JG No
MS Tell us now about the Iraq material. Was the redaction process the same?
JG I wasn't so deeply involved but I am aware it developed over time. @Wikileaks redacted more

MS Now for the State Dept cables, I refer to yr 2nd statement. Do you stand by it? Yes but [corrects detail]
MS Your investigation into Khalid El-Masri's plight began when?
JG 206-7. Long time before my involvement w/ @Wikileaks.
MS Tell us abt El Masri's claims.
JG He said he was kidnapped, renditioned & tortured
MS By whom?
JG The CIA
MS How did Khalid El-Masri's case resolve?
JG Munich law enforcement issued an arrest warrant for the 13 CIA agents involved
MS Did they get arrested?
JG No. The warrant wasn't issued in the US. There was a warning that there would be serious repercussions for Germany
MS Tell us about the process of media partnership w/ @Wikileaks.
JG We (the primary media partners) published first. Then there were local partners in different countries who looked for stories specific to their own regions.

MS How secure was the data?
JG Very secure
JS We got a phone call from the State Dept. PJ Crowley was on the line. They expressed concern about some documents. We had the numbers of these documents. We paid particular attention to these in terms of redaction.

State Dept was happy at 1st to talk w// us. Then they stopped.
JS The State Dept were not concerned w/ redacting names. It was incidents they were concerned about.
MS Can you speak about the publication of a code word to the un-redacted bank of cables. Who among the primary media partners did that?

JG That was David Leigh and Luke Harding. They published a book with the password indicated in it.
James Lewis is on his feet. He is objecting to John Goetz being asked about the Moro restaurant conversation. Goetz said that Julian didn't say what was reported by David Leigh, that he didn't care about civilians being harmed.
Baraitser has forbidden the line of questioning.
James Lewis X-exam
Asks JG about the publication of unredacted cables.
First it was Leigh & Harding w/ the password
Then Cryptome.org
Then @Wikileaks

JL Do you accept @Wikileaks published unredacted cable containing names of sources?
JG I don't know if any names
JG asks JL to give him an example of names that were published. JL doesn't give one. Just refers to some cables with "Strictly protect".

JG It was very frustrating that all cables got published. @Wikileaks made a major effort to roll-out stories for a year. Keep control of them.
JL Do you agree @Wikileaks published all the cables in unredacted form?
JG They re-published what was on cryptome.org.
JL Am I correct in assuming @derspiegel deplored the publication of all the cables?
JG Yes, but we didn't know what Leigh & Cyptome had done.
JL did the Whitehouse ask for redactions & were they done?
JG There was an co-operation in place to redact, even w/ the military in Afghanistan

James Lewis seems to have got mixed up between comms re War Logs & cables

JL Did WL ever publish unredacted docs
JG Not that I know of
James Lewis now asking Goetz about #Assange's character, his sense of humour, if he's a great father.

Goetz says he didn't have a personal, familial-type relationship w/ Julian.

Break for 10 minutes.
While we await resumption of JG's X-exam... He has described an initially collaborative process between media partners, military & USG, in terms of redaction. He thinks USG stopped communicating because giving away too much abt what was important.
Mark Summers re-examines John Goetz.
MS Are you aware of any names getting into the public domain during the period of rigorous redaction?
JG No
MS Were you privy to conversations w/ Mr Assange about redacting the cables?
JG Yes
MS Did u see cables w/ names "strictly protect"
JS Strictly protect wasn't so mach attached to names. It was more the cables themselves.

James Lewis says there were cables w/ names marked Strictly Protect

Are you in a position to vouch for media reports about harm caused?

JG This came out in the @xychelsea case. No, no harm
MS Re unredacted cables, you told Mr Lewis that Cryptome published the unredacted cables first. Were they only ones?
JG I think there were others. I remember Cryptome did.
MS Let's talk abt the process of the unredacted cables being published. First the @guardian released PW...
MS Then you say the unredacted cables, w/ the @guardian password, required special knowledge to access. It was accessed & published by cryptome.org and then by @Wikileaks.

JG released from the witness box.
James Lewis objects to details of Khalid El-Masri's rendition & torture being heard in court. He claims it is irrelevant & prejudicial.

Mark Summers said it had not been rejected.

James Lewis wants to argue on the issue of admissibility.

Baraitser warns JL it is a risky path
Long break. It is possible the defence and prosecution are discussing what - & specifically a statement by Khaled-el-Marsi re his CIA kidnapping, rendition & torture - can be read into the court. The prosecution says it has nothing to do w/ the case.
The defence were unable to bring out Goetz's account of what happened at Moro restaurant, where @davidleighx claimed #Assange had said informants deserved to die. Goetz who was present at the table stated in 2012 that Assange did not say that.

We have been re-connected to the courtroom. It seems things started some time ago. They are talking about @DanielEllsberg 's written statement. It is not signed. We await Daniel, or possibly @suigenerisjen, acc to some reports.
.@DanielEllsberg is being asked to wait in the virtual lobby
@DanielEllsberg is not in the correct lobby.
"Madame the problem is at our end".

Can you hear us Mr Ellsberg?
Yes

We can't see him.

Ellsberg being sworn in.

#Assange
Edward Fitzgerald asks Ellsberg to confirm that the contents of his 33 para. statement are true.
Confirms he is the author of the Pentagon Papers and his reasons for releasing them. Confirms he was charged under the #EspionageAct - & dismissed w/ prejudice due to gov misconduct
Ellsberg invited to comment on the importance of the @Wikileaks publications.

Asked whether #Assange has political opinions that have relevance in relation to him being prosecuted. For him and me, our opinion disagreed not only w/ current admin but previous ones.
Ellsberg: #Assange & I believed in open government, and that without it, there was no democracy. The Afghan War was a re-run in some ways of the Vietnam war. A war of aggression, endless stalemate & a misinformed public.
The difference between what I revealed & what the Afghan War Logs was that the latter was field reports. For that reason, the common occurrence of war crimes. I released Top Secret docs; the @xychelsea docs were a lower level of classification.
Ellsberg: It shocked me that reports of tort are were no longer considered sensitive.

People thought 'Collateral Murder' was evocative. There was no doubt what I was looking at was murder & a war crime. I was glad the US public was confronted w/ this reality.
MS Asks about the Rules of Engagement. Baraitser objects & asks James Lewis if he wants to object. He says no.

Ellsberg: The RoE gave context. USG said they weren't violated, but when the evidence was revealed, we saw they were.
MS Were you able to cite yr reasons for copying the Pentagon Papers.

DE No, they were deemed irrelevant under the Espionage Act. It is unique in that motive or context will not be heard. Understandable in relation to aiding the enemy in time of war, but not re journalism.
James Lewis
Are you aware #Assange is not being charged for releasing the 'Collateral Murder' video?

Ellsberg
He is charged with publishing the Rules of Engagement. They are a pair.

JL
He is only charged in relation to publishing doc w/ names of informants.

DE
Not so
JL (reads Gordon Kromberg statement) He was charged for publishing names of informants...

JL When you published the PP you were very careful about what you passed to the media?

DE Yes I handed 4 volumes only to the Senate. It was a strategic move to enable negotiations
JL Were there names mentioned in your documents.
DE In one case, yes.

DE I was cautious about NOT editing Pentagon Papers. I left the name in to show I was not editing the documents

JL Asks about Floyd Abrahams?
DE He represented @nytimes in the civil case, not the criminal
JL (reading Floyd Abrahams) makes a point that Ellsberg did not release the diplomatic papers. That, Lewis says, is why @Wikileaks revelations are not like Ellsberg's.

DE Disagree. Not true #Assange & @xychelsea dumped everything. Manning excluded many, #Assange redacted 15K
Ellsberg: The claim of harm was greatly exaggerated. No one was harmed by @Wikileaks revelations. The same was levelled at me.

JL (reading Kromberg) "Many individuals suffered great harm. Journalists, dissidents etc. US attempted to notify informants. Some could not be located"
JL (reading Kromberg re harm caused by @Wikileaks docs) "Some fled their homeland. Some disappeared. An Ethiopian journalist was interrogated. Chinese informants were hounded & harassed by non-state actors. US identified 100s of Afghans affected. "

[Ellsberg listening intently]
Ellsberg: Will I have time to comment on all this?
JL: I just want to list more. Two people in Iran... How can you possibly say there was no harm?

DE: The government was being cynical there, listing these people who wanted removed. Of all these threats, were any carried out?
James Lewis will not answer Ellsberg's question. #Assange is protesting. Baraitser tells him to be quiet.

JL Assange said we're not obligated other people's source. I ask you again, was there no danger caused by WL publications.
DE I presume JA not being prosecuted for comments
Ellsberg Had I read in Kromberg's statement that 100s of people HAD actually been harmed, my response to you would be different.

USG is cynical in pretending concern for the anxiety of 100s, compared to the millions killed by them in the last 19 years.
JL Are you saying no one placed in danger?
Ellsberg Not by Julian Assange or @wikileaks
JL What about those who have disappeared?
I put it to you they have been murdered
Edward Fitzgerald asks James Lewis to cite actual evidence of harm.
JL reads... it says USG can't prove that
JL It said in the book "Inside Julian Assange's War on Secrecy" that you had a copy of the documents? Is that true?

DE Yes, but there was no agreement about what I would do with it. I kept it for some time and then it was destroyed.

End of X-exam
Edward Fitzgerald. My learned friend asked you about Counts 15,16 & 17. You said there were many other counts, including Count 4 for the Rules of Engagement and obtain / receiving. What do you understand about the purpose behind these other counts?

Baraitser objects to question
EF Do you think @Wikileaks publications had a public interest value?
DE Absolutely
EF When you said you had withheld documents, that was to enable peace talks?
DE Yes

EF You said there is no evidence of any deaths occurring because of @wikileaks?
DE Yes. I was surprised
Ellsberg: 10 years later I am still surprised there was no evidence of harm found, giving how they were all saying "Blood on their hands". I am still capable of being fooled by my gov. I thought there must have been WMDs...
One last question from EF to DE
You have read Mr Kromberg's statement. He does not say any deaths were caused by the @wikileaks revelations. Same conclusion was drawn at the @xychelsea trial.

DE Yes

Ellsberg is thanked profusely by Baraitser!
Tomorrow's witnesses are to be Carey Shenkman & John Sleboda.

There has been an objection to @SMaurizi continuing to report on the hearing because she is a witness.

Session ended.

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Mar 2
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McBride's appeal will be in front of a full bench of three female judges: Justice Baker, Justice Taylor and Justice Abraham. Senior counsel for McBride is Bill Neild. Junior counsel Kieran Ginges. His solicitor is Edwina Lloyd @worldzonfire.
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Feb 11
Last day of witness testimony for Lattouf v. ABC will begin in about 30 minutes. Live updates will be on this thread and the proceedings will be live-streamed from the Federal Court of Australia on this link: Image
Yesterday ended with the former ABC Chair Ita Buttrose claiming she had nothing to do with @antoinette_news' sacking, despite evidence of a number of emails she sent to subordinates that appeared to apply pressure for this outcome.

She stated in court: "I'm not happy and I wasn't happy. I didn't wish her to be removed. I didn't put pressure on anybody. It's a fantasy of your own imagination. I have nothing to do with her dismissal".Image
Court in session.

Judge: A media organisation has published information that was subject to a suppression order. I ask that this organisation consider their position & avoid further action.

Announcement of document that has arrived.
Next witness with be Elizabeth Green (direct manager of Lattouf). There is an objection to a part of her affidavit, starting with "this is because...". Judge reads & Lattouf lawyer objects on relevance. What is revenant is what she said or intended to say in a meeting.

Judge: Isn't that favourable for you

LL: Potentially but what is relevant is what preceded her characterisation of what she said.

Judge: I will provisionally let that evidence be led & we can deal with the matter in closing submissions.

Green takes the stand. Confirms her name & position as producer of Sydney 'Drive' show.

LL refers Green to her affidavit.

EG: It's details of a Teams meeting + screenshot I took.

Barrister Philip Boncardo for Lattouf: Did you see complaints about AL?

EG: Yes

PB: Were you told they were from lobby groups?
EG: No, not that I recall.

PB: Re conversations with Ahern. he asked you to look at AL's post. Did you know they about Israel-Palestine?

EG: Yes

PB asks about specifics of what EG said to Lattouf about social media posting & about communication to Ms McBean, legal council.

EG: I said she should be mindful, avoid posting anything about Israel-Palestine.

PB: AL had asked if she had done anything wrong
EG: I told her she was doing a good job, but keep a low profile on social media.

PB: Did you tell Lattouf she should not post anything that might appear unbalanced or not impartial.

EG: Yes

PB: Nothing about Israel-Palestine?

EG: yes I believe so

PB: You said it was OK to post anything factual and from a verified organisation?

EG: Yes

PB: Nothing controversial?

EG: Yes

PB: You got an email from AL outlining what was OK to post & you forwarded this to Ahern. And you both OKd this?

EG: Yes

PB: You gave Lattouf good feedback on her show?

EG: Yes

PB: You were copied in on an email sent by Ahern detailing why AL was on the show.

EG: Yes

PB: When you learned of an intention to dismiss AL you raised an objection that there was nothing wrong with her post?

EG: yes

PB: You were at the dismissal meeting with Ahern & Lattouf where it was explained she had breached the social media policy. Did AL say she had discussed what was OK with you?

EG: Yes

PB: Al was crying & you spent time with here. You said you were sorry & had tried to stop this, but it was coming from higher up?

EG: yes

PB: AL asked if it was about the @hrw post & you said it was about it not being balanced.

EG: Yes

PB: And she said: "How can you balance starvation (as a 'weapon of war')?

EG: I don't recall that.

PB: You said you would love AL to work at the ABC again.

EG: Yes

PB: You made notes, saying you had heard the decision came from Mr Anderson. Heard from whom?

EG: Mr Ahern

PB: You note a conference call with Ben Latimer

EG: Yes.
Read 9 tweets
Feb 10
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We arrived at a point yesterday where David Anderson, the Managing Director of the ABC (Australia's national broadcaster) testified that @antoinette_news' mention of "Illegally occupied territories" of #Gaza could be interpreted as anti-semitic hate speech.

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Court in session. Calling Christopher Nicolas Oliver-Taylor (O-T), Chief Content Officer (COT) for ABC.

Changes since affidavit - resigned from ABC.

Screenshot shown from Teams meeting

Oshie Fagir: You took a religious oath

O-T: Yes, I'm Catholic
OF: Do you know what a managed exit is?
O-T: No
OF: Do you use Signal & did you communicate about Ms Lattouf over Signal
O-T: Yes & yes, with Mr Latimer

OF reads O-T's job description - ensures compliance for editorial policies (EdPols) - - formerly over 1K people

OF - Do you understand EdPols govern on air content, and then there are Guidelines for personal use of social media & ABC distinguishes the two?

O-T Yes, but it depends on the circumstances?

OF- So personal social media activity is not ABC content & not subject to EdPols. Agree?

O-T Yes, but impartiality can come into play

OF: You were also bound by EdPols?

O-T: Yes

OF draws O-T's attention to the subject of misconduct = where employee disobeys a reasonable and lawful direction.

OF You understand the difference between direction, request and suggestion?

O-T: Yes

OF: The way Ms Lattouf (AL) was dealt with was highly abnormal. Agree?

O-T: No

OF: Ms Green was AL's line manager. Wasn't it unusual for you & ABC's MD to be involved in scrutinising the conduct of a 5-day casual employee? You disagreed.

O-T: Nods

OF: Social media misconduct should have nothing to do with EdPols or the COT, but be managed by line manager.

O-T: Not unless the MD refers it to COT. It was managed by line manager but others involved to.

OF: When did you consult with people in Culture?
O-T: I did not

OF: You understood that Lattouf was not a high profile personality?
O-T: Yes

OF: You were aware of her race & national extraction?
O-T: No

OF: You see this email you wrote, where you say she is a Lebanese Christian?

O-T: I copy/pasted this content from Mr Ahern...

OF: Of course you knew. Were you confused by this? You understand that there is a race called Lebanese Christian?

ABC lawyer: Objection

Judge asks O-T to leave the room

OF reminds judge that Fair Work Act permits use of race as a national or ethnic category

OF to O-T: You understand Lattouf was Lebanese?
O-T: I wasn't really aware of all the content of my email send to MD Anderson.

OF: You just copy/paste content to email and send?
O-T: In some cases. The criteria. for Lattouf's selection were put together by someone else.

OF: You understood Lattouf's position on the Israel-Gaza war before she was hired?

O-T: More as the week continued. I don't know if I understood her position but I knew there were published comments relating to question of partiality as a host of a live radio show.

OF: You understood when you caused her to be removed from the air that Lattouf held a view that media orgs should report ethically on Israel-Palestine?

O-T: I didn't know she held that view

OF refers to O-T sent to Ahern & Latimer, questioning her suitability for the job because of her position on Israel-Palestine & because she signed a petition.

OF: You knew her political stance when you fired her, that she was critical of the State of Israel?

O-T: No

OF: You knew she had signed a petition calling for ethical reporting on the war?

O-T: It wasn't about that, She wasn't supposed to post anything during her period of employment

OF: He dismissal was precipitated by a social media post? When did you become aware of that?
O-T: Yes. during a Teams meeting,. It was a slide shared by Mr Latimer

OF: You gave evidence at the Fair Work Commission that you had never seen that post. O-T says his memory is not clear.

OF moves on to the week of Lattouf's dismissal. O-T says he was looking at ways she could be kept on air.

OF refers to correspondence about Lattouf. There is no indication here that you saw her posts relating to diversity of voices and Israel's use of starvation as a weapon of war. Correct?

O-T: I can't recall. I believe I was told by Mr Latimer

OF reads from O-T affidavit, questions the use of language defining partiality. Asks if those are lawyer's words or his.

O-T: I don't know how to answer that
OF : You understand there is an obligation for ABC employees to be impartial. On what issues?
O-T: That's a broad question but if you're a live radio host you should be impartial, there are some topics where it becomes difficult to hold personal view.

OF: The obligation applies at all times or only at work
O-T: It depends on the circumstances

OF: And if you are radio host, it applies to all subject matter? Did you understand that when Lattouf was employed by ABC she should be impartial on all subject matter at all times?

O-T: No? (O-T speaking very quietly)

OF: Lattouf was hosting the 'Mornings' show and it was a (politically) light show. That her work was not related to the Israel-Gaza war?

O-T: Yes, but there were news breaks & that was the hottest news story at the time.

OF: You wrote "her work is not related to the Israel-Gaza war. You knew the content of 'Mornings' was significantly watered down coming up to Christmas.

OF: You knew Lattouf did not present the news. That was a completely different person & different department. Correct?

O-T: Yes

OF: Was Lattouf sacked for breaching a direction?
O-T: Yes, and was not impartial - and this could have affected perception of her impartiality on air.

OF: Who gave the direction not to pst on social media

O-T: I believe it was Mr Ahern
OF: Because she was known to have certain opinions about the Israel-Gaza War?

O-T: I was told that
OF: What was her view?
O-T: I'm not sure
OF: You took a decision without knowing anything about her views?
O-T: I'm not an expert on the issues. I was told there was a problem related to impartiality.
OF: You knew complaints were made by a pro-Israel lobby?
O-T: I knew there had been a number of complaints. I don't believe I knew it was a lobby. It was by people who held a different view to Ms Lattouf. That was clear.

OF: You understood that the complaints were about her position on the Israel-Gaza war.

O-T: Yes
OF: You have been instructed not to acknowledge Ms Lattouf's position & just use the catch-phrase "impartiality", right?

O-T: I don't agree with that statement.

OF On Dec 18, did you know who Lattouf was?
O-T: I don't think so
OF: Did Anderson know her?
O-T: I don't know sir
OF: You knew complaints were about her position on the war?
O-T: Yes, Mr Anderson told me
OF: And you told Mr Ahern to seek advice Latimer & Saska?
O-T: Yes they were the experts on subject matter

OF: On what basis has the ABC authority to forbid Lattouf from expressing her views?

O-T: Our concern about impartiality
OF You note Latimer's advice that the ABC could not expect a casual presenter's view to be consistent with ABC policy at all times? You agree with that?

O-T: Yes
OF: And you note Melkman's comments about her Crikey article, that it was clearly journalistic work?

OF: Yes
O-T: You agreed with Melkman's view (as acting editorial director)?
O-T: Yes

OF You then get an email from Ahern & see mention of Lattouf's views on the Israel-Gaza war. Did you read it?

O-T: Briefly
OF: You had a lot of emails about this. Was it a priority issue?
O-T: Yes but it wasn't about something I knew much about.

OF: Your affidavit speaks of what was in your mind the week of the dismissal.
O-T: There were lots of things going on. I was running 9 radio stations & 4 RV channels
OF: But there's a lot about this matter in you affidavit.
O-T: I remember different things at different times.

OF: You have no reason to doubt what was in Ahern's email? Your view when you wrote to the MD was that Lattouf had expressed views that would be problematic?

O-T: During her period of employment
OF You understood there would be no coverage of Israel-Gaza that week?

O-T: Yes
OF: Did you think AL's signing a petition was relevant?
O-T: No but others were concerned
OF: You recall a series of texts the MD sent you that evening of Dec 18?
O-T: Yes

OF, referring to the one saying MD thought "we have an Antoinette problem. Her socials are full of anti-semitic hatred" and doubting ABC could have someone like that on air. Did you think he was right?

O-T: I did know much about the issue. I was concerned that she was on live radio.

OF: You had no idea what she was posting?

O-T: I agreed with Anderson that we had a problem because she was live.

OF: You were sent a screenshot about Crikey reporting by Lattouf & Cameron Wilson. What's problematic about her contributing to a Crikey article?

O-T: My concern was that she was live.
OF: ABC journalists publish articles every day where they express their opinions. Should this disqualify them from working at the ABC.

O-T: I'm not a journalist. When an MD uses words like "ant-semitic hatred" I become concerned.

OF: Didn't you say you didn't know anything about Lattouf's views, but were aware on the evening of Dec 18 that she was critical of the State of Israel?

O-T: MD told me that and supplied a screenshot.

Judge asks O-T to leave court. Discussion about line of questioning. OF says O-T was a decision-maker. The allegation was that Lattouf was sacked because of her political views. He wants to educe evidence that O-T was ate of those views. Judge suggests he take question in two steps. O-T returns.
Read 11 tweets

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