Extradition September hearing Day 17 (19 incl 2 Covid),
expected to be the final day.

Joined the video link waiting to cross to the court room.
Today we expect to hear an update on the Spanish surveillance case and summaries of the remaining witness statements.

I’ll provide as much information as I can on this thread.
Looking forward to providing a wrap of the hearings to @PhillipAdams_1 during the court lunch break

My sound frozen..
Rejoined to find there is a break...
Seems there were some interesting announcements while my sound & picture were frozen:

The transcripts will not be released because the request came from one Ozzie journo listening remotely, not the Press Association.
An announcement also was made regarding the planned Defence submission on the 2nd superseding indictment - there are no new charges, but new allegations associated with the computer intrusion charge, the effect of which is to augment the current 5 yr penalty for that charge.
Court break till 2pm. All statements expected to be dealt with after lunch, plus update on Spanish case.
Lewis is objecting to 2 new statements.. and Summers says they need another half an hour......... another break.
Court break was extended... but due back in a few minutes
Summers: statement of Emeritus Prof of Law, criminal defence attorney Michael Tigar, former journalist who worked on Watergate at Washington post:
On Significance of Espionage Act charges, journalism in the digital age, protection of sources, soliciting anonymous...
...leaks, citing among other MSM Australia’s ABC,
on the importance of investigative work, on the importance of the WL docs, the use of the docs in delivering social justice, on Ellsberg’s case dropped due to illegal behaviour of CIA - they apparently tried to bribe the judge by
.. offering the judge a senior Intel job.....

Whoa. Disruption to Twitter in Australia...

Meantime Statement of Gareth Peirce
re unlawful intrusion in privileged material, confiscation of privileged material from the Embassy and the obstacles to preparing the complex defence
Gareth Peirce cont:
Lots of attachments showing how info from WL docs has been used, arguments regarding the political motivation, abuse of power & fears for what lies ahead.
Fitzgerald says the latter 3 issues he will address in signal summary.
Spanish update:
Summers reminds judge that there may be findings she needs to be aware of & forwards a statement from JA’s Spanish lawyer with timetable.
Further statement from Gareth Peirce:

Full transcript of JA Frontline Club speech introduced by Prosecution during Deeley cross examination & statements made by Barr in the last couple of weeks that she’d light on relationship by the US Executive & Prosecutors & the ..
..power of one over the other.

However, Lewis objects to the full transcript of Frontline Club
..as having no purpose & against the rules, also that he has not has access to it & it’s too late to introduce it.
Objecting to inclusion of Barr comments because it can’t be tested so can’t be included.
Summers saying the Video clip from Frontline Club was introduced in ..
..cross examination to the witness without notice.

Judge: reading an adjudication- no, on both counts.
Fitzgerald pointing out that he did indeed say if something dramatic was said by politicians it may have to be included as evidence before a decision was handed down.
Judge points out she doesn’t consider Barr’s comments dramatic.
Another break to try to resolve another disagr’t
Fitzgerald seeking to correct a remark the Prosecution made about one of the psychologists being at the early stages of her career - she is senior.

Judge knocks back another witness statement as the two sides have not agreed, that of Daniel Gurdalla regarding a cell search at

Summers: seeking a ruling to submit evidence on the new indictment but Defence needs evidence from Prosecution regarding the new allegations, otherwise Defence will seek an adjournment.

Lewis disagrees.
Judge: refuses because she gave Defence opportunity to seek adjournment which they knocked back.
Decision will be delivered on 4 January.

Judge tells JA there will be another admin hearing on 29 Oct.

Ends hearings
Thank you everyone for all the feedback and your commitment.

Next stop, the written final Defence and Prosecution summaries.

See you soon 🖐🏼

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More from @MaryKostakidis

30 Sep
Extradition September hearing Day 16 (18 incl 2 Covid)

Joined the video link waiting to cross to the Old Bailey.

In a significant development yesterday, the judge agreed to accept the statements of 2 former UCGlobal employees without requiring them to reveal their identities..
.. This was a critical decision as the only protection they have (besides armed guards) is the fact that their former boss would be the suspect should anything happen to them given he alone would know their identities, Defence argued.

In accepting the Spanish court’s ruling on..
.. anonymity, these witness statements will form part of Defence evidence, paving the way for the extradition to be denied on the same basis the criminal case against Dan Ellsberg was thrown out: illegal activity on the part of the CIA. In Ellsberg’s case, for breaking into ..
Read 71 tweets
29 Sep
Extradition September hearing Day 15 (17 incl 2 Covid)

Joined the video link waiting to cross to court.
There are 12 of us on this videolink today. Perhaps @kgosztola can tell us how many journalists are on the link at the Old Bailey
The first witness is Maureen Baird, a former senior Bureau of Prisons official in the US.
Read 113 tweets
28 Sep
Extradition September hearing Day 14 (16 inl 2 Covid)

On the video link waiting to cross to court.

Expect to be back to US prison conditions today.
Yancey Ellis is an EDVA lawyer who will focus on pre-trial conditions, another US lawyer Joel Sickler on post-conviction work.
Hard to believe there are a mere 13 of us on the video link around the world, other than the few journalists in the adjacent court room at the Old Bailey
Lewis catches himself on the screen & takes the opportunity to pat down his hair. In these moments each day we see the lawyers & court officials put on their ties.
Read 32 tweets
25 Sep
Extradition September hearing day Day 13 (15 with 2 lost Covid days)

Joined the video link.

I believe the only remains medical witness is Paul Mullen, Emeritus Professor at Melbourne’s Monash University. He was JA’s consulting psychiatrist in Australia & diagnosed..
... him with clinical depression in 1995.

The other witness scheduled for today is computer forensics expert, Patrick Eller.

His report reviews evidence from Chelsea Manning’s court martial.
Summers is back after being unwell yesterday. JA entering. Split screen as the next witness will be on video.
Read 85 tweets
24 Sep
Extradition September hearing Day 12 (or 14 incl Covid)

Joined the video link to cross to the court for a midday start to proceedings today.

Expect to hear from at least 2 medical experts, Dr Sondra Crosby for the Defence and Dr Nigel Blackwood for the Prosecution, and
possibly Prof Paul Mullen for the Defence.
Julian is seated judge enters
Read 61 tweets
23 Sep
Extradition September hearing Day 11 (or 13 with Covid days)

Joined video link & waiting to cross to court.

Yesterday we heard from the main Defence medical witness Prof M. Kopelman whose testimony that JA suffers from clinical depression and is likely to kill himself if
.. extradited, was contested by the Prosecution who attempted to discredit his opinion by alleging bias, an error in judgement thru omission, & a mistaken premise regarding conditions in US prisons as well as the likely severity of his sentence.
Kopelman informed Lewis’ that given he is aware Lewis had intended to secure K as a witness for the Prosecution, his attempts to discredit the reliability of K’s opinion rang somewhat hollow, that a lawyer cannot use psychiatric diagnostic guidelines like a cookbook,
Read 91 tweets

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