Day 18: Julian Assange's resumed extradition hearing. Expecting final witness statements today. #AssangeCase
Defense is explaining to the judge that the parties need a little more time to agree to 2 witnesses' statements, then give an update on the Spanish case (Embassy spying), then make a final submission on the additions to the latest indictment.
We'll break for an hour and a half and the parties will give an update on progress on these matters.
Back from recess to say the parties are making progress but are still working, we'll be back at 2pm London time and will finish testimony phase today. #AssangeCase
Back from recess. Defense says we just need 1/2 hour more. Prosecution complains 2 new statements have just come in, objects to even considering them.
Defense lawyer Mark Summers: "upon mature reflection" I don't expect these will be objectionable, these have been mentioned/discussed before
Back again. Defense can now read a witness statement from Professor Michael Tigar
Tigar gives an overview of whistleblowing and journalism preventing injustice, "essential to achieving important social reforms", gives examples including Woodward & Bernstein reporting on the Nixon admin, Seymour Hersh
Tigar notes that the prosecution's opening included the word "journalistic" whereas the indictment calls WikiLeaks an "intelligence service for the people" and doesn't use the term "journalism"
Tigar talks about how common/routine it is for journalists to work with sources, soliciting information
Tigar talks about the importance of journalism in documenting war crimes. Then discusses overclassification — US law doesn’t allow challenging classification status. Recounts Ellsberg’s prosecution which was dismissed
Several Gareth Peirce statements, first one lays out the history of Assange securing Ecuadorian asylum because he feared US extradition, recaps the Embassy spying case, Assange’s legally privileged property seized from Embassy
Peirce statement discusses her own legal meetings with Assange in the Embassy being spied on, "chilling effect" on preparing for these proceedings
A second statement from Bridget Prince includes the full transcript of Assange's 2010 speech at the Frontline Club, which the prosecution quoted from in cross-examination. This would give proper context. Prosecution objects to the statement being submitted
The defense also wants to include new comments from US Attorney General William Barr which were made during these proceedings (Sept 16th)
The Frontline Club appearance is from the 2010 Q&A Assange conducted by video -- the prosecution tried to say that Assange's answer contradicted testimony about his mental/psychiatric health
Judge says the witness (Dr Deeley) didn't agree that the video contradicted the diagnosis, so it won't be accepted.
Judge also says the Barr speech doesn't reference Assange by name, it's not a significant enough development to include here
Washington Post on the William Barr speech: "IThe attorney general said it was he, not career officials, who has the ultimate authority to decide how cases should be handled..."
"...and he derided less-experienced, less-senior bureaucrats who current and former prosecutors have long insisted should be left to handle their cases free from interference from political appointees."
Break until 4:05pm London time
Back from recess. Difficult to follow exchange (because we don't have statements under discussion) in which a defense submission ultimately wasn't accepted. Now Mark Summers speaking about another Gareth Peirce statement (there are 5 in total).
The statement includes defense relaying that it has been insufficiently able to present its arguments about 'abuse of process' due to the very late second superseding indictment
Judge's ruling will come on January 4, 2021, 10:00am London time. Done with the evidence phase of the hearing. Defense gets 4 weeks to submit closing arguments, then the prosecution gets 2 weeks to submit in response. Julian will remain in custody until the ruling. #AssangeCase
Julian will have an obligatory admin court appearance by video on Oct 29th (won't be substantive, he just has to appear in court every 28 days by law). #AssangeCase
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Day 2 of 2 in Julian Assange's final UK bid to appeal his extradition begins shortly. We'll provide updates on this thread.
Yesterday's arguments from the defense:
-Politicized prosecution is barred by the Extradition Treaty
-Unprecedented prosecution of a publisher
-Exposing crimes is in the public interest
-Assange couldn’t get a fair trial in the US
A major thread running through yesterday's arguments from defense lawyer Mark Summers: the U.S. is silencing Assange for posing a real threat to its immunity for war crimes in Iraq and Afghanistan assangedefense.org/hearing-covera…
Julian Assange's two-day hearing at the UK High Court begins today, as a two-judge panel will listen to arguments as to whether Assange should be allowed to appeal his extradition on the grounds that his prosecution is politicized and unprecedented and would prevent a fair trial.
Court is scheduled to open at 10:30am London time (5:30am U.S. east coast). Read here for more detail on what to expect at this week's hearing: assangedefense.org/hearing-covera…
AD Executive Director Nathan Fuller, who has been accredited to cover each previous portion of the hearing, was denied remote access. He will provide coverage here based on updates from our team on the ground:
Led by @UNACPeace, more than 26 antiwar groups and 2,500 individual peace and justice advocates have cosponsored a statement calling for the immediate release of publisher Julian Assange and commending him for his contributions toward global peace.
Today is the defense’s turn, after yesterday lawyers for the U.S. attempted to undermine a renowned psychiatrist, admitted its prison assurances are “conditional,” and tried to downplay how harsh Assange’s US conditions would be.
Court has begun. Julian Assange doesn’t feel well and won’t be appearing by video link today. #FreeAssange
James Lewis QC discussing housekeeping items with the 2-judge panel, dividing argument time between the defense today and tomorrow.
Lewis outlining the US govt's lines of argument, including "assurances" that Assange won't be held in the most extreme & isolating prison conditions in the U.S. See more on the US's arguments here assangedefense.org/hearing-covera…
Court is scheduled to start in just over 10 minutes for Julian Assange's preliminary appeal hearing. Here's what today's proceedings will cover: assangedefense.org/hearing-covera…
Court is in session in US v Assange. Ed Fitzgerald arguing for the defense, Clair Dobbin for the prosecution. Julian appears to be participating from Belmarsh via remote video.
The High Court judge is explaining that today's hearing will cover the scope of the appeal in this case and will not determine the appeal decision itself.