Day 16 of the #AssangeCase proceedings. By this stage it is very likely that the 40 political observers that the judge arbitrarily banned from the observing proceedings virtually will not be allowed to do so. 4 left & I feel the decision was made before we started.
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We have Maureen Baird on the stand: 28 years experience with the Bureau of Prisons in various capacities, with her final positions as Warden and Senior Executive Service Warden at three various Federal Prisons. #AssangeCase
Baraitser walks in. Baird takes the oath.
People subjected to SAMs were isolated 23-24 hours a day, no communication with other inmates and the recreational room was an empty cell. #AssangeCase
Baird: They were allowed one 30-minute phone call a month with an approved family member or two 15 minute a month. #AssangeCase
It would take a couple of months to receive a letter by an inmate. #AssangeCase
Calls were monitored by an FBI agent and they would have to be set up two weeks in advanced. #AssangeCase
SAMs inmates are housed in a unit designed after 9/11 for Guantanamo bay inmates. #AssangeCase
The regime of SAMs would be applied in any federal facility, whether you are in for terrorism or another offence, SAMs is what it is, it is a directive. #AssangeCase
Fitzgerald: If #Assange is subject to SAMs, would the same regime apply to him?
Baird: Mr Kromberg suggested that an inmate can challenge the SAMs to a program directive. Having been a case manager myself, they don't have the authority to change SAMs. I have never seen a situation where SAMs would be overturned. #AssangeCase
Baird: SAMs is not supposed to be punitive, but the consequences are very much punitive. The isolation such that they only person they see is a staff member checking on them with no conversation. #AssangeCase
Baird: SAMs causes severe depression, paranoia, severe weight loss, psychosis, anxiety, and detriment to physical health. #AssangeCase
Baird: Post conviction the only place for #Assange would go if subjected to SAMs, is ADX Florence. If he is subject to a lengthy sentence he would be housed in H unit. #AssangeCase
Mr Kromber suggests that there is a three-phase programme but I don't know how that would be possible because it goes against SAMs. And in H unit there are no programmes, if there is a programme is still something that requires full isolation. #AssangeCase
Someone with SAMs does not have any contact with any other inmate and no physical contact with family, only the calls mentioned previously. #AssangeCase
Baird: Concerning the allegation that SAMs inmates are content. Regardless of what someone's conditions are in one prison, the fear of leaving and being placed in something worse causes anxiety, and they prefer staying where they are. #AssangeCase
Baird: The suicide prevention programme would not be enough to stop someone determined to take their life. The prisons rely on inmates self reporting, when they fail to do so it results in a successful suicide. #AssangeCase
The defence rests. And Ms. Dobbin starts by asking if she's independent consultant. #AssangeCase
I've given up reporting on the prosecutions arguments because frankly they disgust me. What I will do, is share their manipulative techniques and falsities they engage in.
Dobbin now trying to disqualify Baird by alleging she's not independent because of some consulting work she does at a legal firm which defends federal prisoners.
Dobbins now saying that she only has dealt with pre-trial SAMs inmates. Also, alleging that she has no experience relating to inmates subject to espionage charges. #AssangeCase
Baird says that #AssangeCase is very likely to giving SAMs measures. In my experience if it's off the table then it's off the table, but in this case it is mentioned quite a bit. #AssangeCase
Dobbin continues to say she has no experience in people charged with espionage. Baird sticks to her guns and says that #Assange would meet the SAMs criteria, as he is believed to have involvement with information that concerns National Security. The Gov would argue that.
Baird: It is very unusual that SAMs is being considered as a speculative. I believe the Government would issue SAMs.
Dobbin argues that SAMs varies from case to case contradicting Baird who says that modifications are few and far between and if there is a modification is very slight and wouldn't exclude the isolation part of it. The measures are fairly the same for everybody. #AssangeCase
Baird: The administrative remedy process for SAMs is internal and has to be exhausted before it goes to court. Dobbin says that in pre-trial inmates can go directly to the judge. Dobbin says that it would still have to go through internal admin remedy process. #AssangeCase
Dobbin mentions a pre-trial terrorism case where the court decided to hear the SAMs measures for that inmate, the court decided to keep SAMs in place.
What a farce! Why do they keep discussing terrorism cases & them relating to the case of a journalist who revealed war crimes?
By the way, this alleged terrorist had SAMs reviewd by court BEFORE 9/11. Baird says this is a highly unusual case. #AssangeCase
Dobbin has now resorted to accusing Baird of malpractice as a warden concerning the SAMs inmates. #AssangeCase
I'm sorry, she's not saying she was doing malpractice, she is accusing her of not having concerns of the SAMs issues. Dobbin: you didn't even try to do anything about it did you?
Baird: I honestly didn't think I could do anything about it. #AssangeCase
Dobbin continues to read from Kromberg's affidavit a person that refuses to be cross-examined by the defence. Baird continues to say that the phases really only is about a few extra privileges, but they are still housed in isolation and has no bearing on the programme. #Assange
Baird: Mr Kromberg makes it sounds like it's a system of programmes which simply is not going to happen because there are no systems of programmes. I know how SAMs work, there is no grey area. #AssangeCase
The court breaks for 10 minutes.
Baird is a fantastic witness, she is crushing not only Ms Dobbin she is making Kromberg's affidavit mute. #AssangeCase
Dobbins reads from a DOJ declaration that were subjected to the step down programme. She works under the assumption that we should trust the US government's word at face value.
Fitzgerald pointed out that the figures she was reading from are not from people under SAMs.
Baird: The inmates they refer to are obviously not SAMs inmates. This excerpt does not apply to SAMs inmate. #AssangeCase
Dobbin uses an ECHR ruling of the H unit at ADX Florence, which talks about a person who would be placed under permanent isolation, but does not talk about that person being subject to SAMs.
Baird: this does not include people under SAMs. #AssangeCase
Dobbin tries again to disrepute Baird concerning not knowing statistics of people in the H unit.
Dobbin: reads the "wonderful" mental health programme at ADX.
Baird: I think it makes it very specifically that this does not include people under SAMs. I have never seen that happen. #AssangeCase
Dobbin: Are you aware the mental health has improved for inmates of ADX.
Baird: Yes, but not for people under SAMs. #AssangeCase
Dobbin on suicide prevention: do you agree that all prisoners are screened for suicidal ideation by a medical expert?
Baird: yes I agree with that.
Baird: When you're working in the system, one is too many.
Dobbin: is the suicide prevention is effective?
Baird: usually it is good.
Dobbin: You say that there are programmes that are viable.
Baird: there are programmes but not always viable programmes.
Baird: #Assange would not be allowed for the autism spectrum programme.
Mr. Kromberg says this is the 6th consecutive year of decrease in prison population.
Baird: I agree with that.
Note: The US has the highest population of inmates in the world.
The prosecution rests.
Baird: The fact that #Assange is charged for espionage is significant. It's likely that he will be subjected to SAMs. #AssangeCase
Fitzgerald you were cross examined about not encouraging staff from talking to people with SAMs.
Baird: This comes from the Attorney General and would have been above my pay grade. #AssangeCase
Baird concerning on Kromberg's alleged phasing programme: the figures put by him concerns a different group of inmates that are not subjected to SAMs.
Inmates may be subject to SAMs indefinitely.
Fitzterald: What the CIA and the DOJ thinks about a particular inmate concerning SAMs would be decisive on whether someone is subjected to SAMs. Is this correct?
Baird: yes. #AssangeCase
Lindsay Lewis takes the stand she is a lawyer practices in federal and state court on both the trial and appellate level. She has successfully defended a wide range of matters, from extradition cases to high-profile cyber, terrorism, drug trafficking and fraud cases. #AssangeCase
Hey guess what, I get to do my daily tech issues gif.
5 to 10 minutes to sort out a simple video link that they have been doing continuously doing on a daily basis for three and a half weeks.
The Crown Prosecution Service technical system. Her majesty must be well pissed off!
OK! Now the oath!
They have agreed on the correct level of volume for both parties.
Ms Lewis: There is not a single public study in which solitary confinement for more than 10 days does not result in serious mental health. #AssangeCase
Even if the inmate suffers from serious mental illness will not guarantee that they will be removed from ADX Florence.
If you're in the H unit and subject to SAMs you don't benefit from the Cunningham settlement. #AssangeCase
Lewis can only talk about some parts of one of his clients' situation in ADX because some documents have been made public, otherwise she wouldn't be permitted by law to talk about it. #AssangeCase
Lewis: Most inmates under SAMs spend their days completely alone often for years. Phone calls are allowed only 1 a month for preapproved family. Among inmates communication is strictly prohibited. #AssangeCase
Ms Lewis repeated all the same issues regarding SAMs discussed by Baird with an extra gravitas that I believe comes from her training as a lawyer. She's good!
Dobbin is going through Abu Hamza's convictions who Ms Lewis represents him, and the appeals all the way to supreme court.
Ms. Lewis describes the difficulties she's had in representing him.
Ms Lewis explains that Abu Hamza having had court compliance that he would be evaluated medically at ADX and if he could not manage his daily living he would not be placed in ADX, yet he was placed there indefinitely. #AssangeCase
Hamza was held in solitary confinement before trial. Lewis testifies that "almost certainly" Assange would be subject to Special Administrative Measures (SAMs) before and after trial.
Ms Lewis says that the UK was misled by the US when they said that if it was determined it was very unlikely that Mr. Hamza would be held at ADX. If Mr. If Mr. Hamza could not manage his activities of his daily living he would not be sent to ADX.
Lewis says the US assured UK courts that if Hamza was sent to ADX he'd get full medical evaluation and if he couldn't manage daily activities he wouldn't be placed there.
UK courts thought at every stage it was highly unlikely, one said "impossible", that he'd be placed at ADX
Dobbin continues to argue that the US did not deceive the UK courts, and Ms. Lewis very cleverly argues the opposite, that the UK were told that Hamza would not end in ADX Florence, and he did. #AssangeCase
Ms. Lewis talks extensively about the HUGE medical mistreatment at ADX Florence. #AssangeCase
Ms Lewis notes that the alleged three-step program mentioned by Kromberg is inexistent because it would require a modification of SAMs, the only things that change are a couple of more social calls per month and some items of commissary that they can get. Isolation persist.
Ms. Lewis argues from a report by the Centre for Constitutional Rights as there are more SAMs detainees today than in the past decade. #AssangeCase
Lewis argues that there is only up to 5 appointments per week for all SAMs inmates for psychiatric patients.
Dobbins: reads from a witness that says that SAMs inmates can participate in group therapy.
Lewis: this just clearly shows her lack of knowledge of SAMs, they're isolated
Dobbin concludes.
Ms Lewis: The US courts almost always defer to the Federal Bureau and the General Attorney concerning to SAMs.
Ms Lewis last statement was "In my experience I think that it would be very hard for #Assange any of the treatment that he is getting in the UK."
Alright, we are now moving to the @CIA espionage of #JulianAssange!
Witness 1 asks for anonymity as well as Witness 2, the confidentiality has been kept in the legal case taking place in Spain against UC Global's owner David Morales for spying on #Assange.
Mr. @AitorxMartinez, #Assange's lawyer in Spain was approached by UC Global staff with information asking to keep their anonymity for fear of reprisals. The court granted protected witness status. The fear reprisals from Morales & associated with him which extends to the US.
Summers: the threat to them is real given of what was found in Morales house, including loaded firearms whit serial numbers wiped and his military training. If their identity became public they could face repercussions from Morales and his associate including Las Vegas Sands.
Morales' conversations included plans to kidnapping or even poisoning #Assange.
There's a short break, and I hope the media are tuning in because its just gonna get real in here! #AssangeCase
Summers: I invite you to take a look of plans to do physical violence, kidnap and poison. The question is the line of command. Secondly is the fire arms found in Morales. Thirdly, if harm comes to these people, we will know where the harm has come from.
Baraitser: grants anonymity as mutual cooperation with Spain. She reads from a pre-written ruling.
I'm sorry guys, the UC Global, Sheldon Adelson and the @CIA espionage operation on #Assange will be heard later this week. The day finishes with a bitter note that #JulianAssange, a journalist, faces the same treatment and sentence as the most dangerous convicted terrorist.
The Court will hear arguments against bail first.
Clair Dobbin: The high court can overturn the conviction, the court must be careful not to render the result academic. #AssangeCase
Day 17 of the #AssangeHearing, with three days left, open justice has not been done in these proceedings. The Judge blocked 40 political and NGO observers (including @amensty & @RSF_inter) from monitoring the most important #FreeSpeech trial of the century.
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Defence is reading from/summarizing a witness statement from war reporter Patrick Cockburn. He was in Kabul when the war logs were released, and he says they confirmed civilian casualties he and other journalists suspected. #AssangeCase
Cockburn's statement includes the importance of the war logs and Collateral Murder video to prove these incidents in the face of official denial.
September 28th, day 15 of the #AssangeCase extradition proceedings. 40 political and #FreeSpeech advocate observers including @RSF_inter and @amnesty are still banned from observing the most important trial of our lifetime by Judge Baraitser without any explanation.
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Sorry for being a bit late, this morning the court heard from Yancey Ellis, US attorney, with experience of the federal prison system. He talked about how #Assange would be placed under a strict solitary confinement regime.
As a pre-trial defendant, Assange would be detained in the ADC for months or potentially years. Ellis: "I believe it's most likely" #Assange would be held in administrative segregation (ad-seg). #AssangeCase
The @DailyMailUK’s shameful regurgitation of 10 years of disproven slander against #JulianAssange comes at a rather interesting time.
1. There has been increasing reporting of the #AssangeCase, all positive and it Julian’s plight seems to be winning hearts and minds.
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2. The @DailyMailUK might have come under political pressure after being at the forefront of the MSM in the reporting positive reporting of the #AssangeCase.
The political nature of the #AssangeCase does not make it inconceivable that at the highest levels the @DailyMailUK might have felt obligated to do a balancing act of its reporting of the case often often highlighting prosecution flaws, injustices & dangerous precedent being set.