We can now see Julian Assange in the glass dock, in a suit and mask. #AssangeCase
Judge asks defense if they need to say anything before giving the ruling, they say no. Judge says she has prepared a written ruling, which will be made available online. Judge reading rules of the court.
Judge: I have no intention of reading this [ruling] out, instead I will touch on some of the arguments #AssangeCase
Judge: It is not the UK US Treaty that creates enforceable rights, but the Extradition Act of 2003. The act removed the bar on extraditing for political offenses
Judge: Next I’m to consider whether the offenses in the request would be offenses in the UK as well as in the US. Mr Assange’s conduct went beyond that of a journalist, in agreeing to help Ms Manning crack a password
#AssangeCase judge: Disclosing the govt files was a multi-step process. If they had successfully cracked the password, Manning could have perused files anonymously and would have been harder to detect
Judge: For months Assange had been communicating with Manning. When told she had nothing left to give him, he said ‘curious eyes never run dry.’ After this comment she downloaded 100s of 1000s of State Dept cables
Judge seems to be completely taking the US government’s narrative, saying Assange's comments at conferences encouraging leaks go beyond those of a journalist
Judge: defense submits that by disclosing Manning’s documents, Assange was acting as a journalist & should be protected by free speech laws. The difficulty with this argument is it vests in Assange the right to sacrifice the safety of individuals named, in the name of free speech
Judge is recounting US govt claims of needing relocate named sources from the cables
Judge refers to Mr Assange’s ‘indiscriminate’ release of State Dept cables, contrasts with redacted cables published by other media outlets
Judge: this indictment is narrowed to the cables containing names of informants. In UK Assange would not be protected by free speech laws
Judge refers to defense's 'extraneous' arguments such as Assange's political opinions
Judge: insufficient evidence that these charges were pressurized by the Trump admin, reports showed a healthy debate internally over whether to charge. Trump repeatedly praised WL. Though the intelligence community has criticized WL, it does not speak for the administration
Judge finds it isn’t her place to comment on the Embassy spying case, that is being handled in Spanish court and this court doesn’t have access to these documents
Judge seems to be potentially justifying spying on Assange because CNN reported that Assange had turned the embassy into a ‘command post’ for election meddling
Judge next considers whether it would be unjust or oppressive to extradite. Judge refers to Mr Assange evading US justice when requested by Sweden
Judge: In relation to impact of extradition, I found the impact of extradition likely to come to Assange’s family is "sadly nothing out of the ordinary"
Judge now saying that the EDVA has large counties for the jury pool, can’t prove who his jury pool would be (that it would only be ex-nat. sec. officials)
Judge notes plea deals are more common in the US but plea deals happen in UK too
Judge says she finds no evidence the US prosecutors "have every intention of punishing Mr Assange"
Judge: I have no reason to doubt the constitutional protections available in the US would ensure a fair trial
Judge: on the question of whether the charges are so overboard so as to be abusive (‘doctrine of vagueness’, ‘doctrine of overbroadness’). Defense hasn't criticized US legal system. I’m told challenges of this nature can be made at the pre-trial stage or in the trial
Judge: US courts have held that those outside the US do not possess rights in the US. Mr Assange, when he faces trial, will be on US soil. No authority supports the assertion someone in his position would not have US protections. Reject defense arguments on Article 7
Judge: Mr Assange, for the same conduct in the US, would be tried here in UK too and would get Article 10 protections. "This court trusts that a US court will properly consider Mr Assange’s constitutional right to free speech"
Final argument is whether it would be oppressive to extradite. I accepted Prof Kopelman opinion that Mr Assange suffers from a recurrent depressive disorder. I accepted he has Asperger's
Judge: I accept Mr Assange has remained depressed at HMP Belmarsh, has been considered at risk of suicide. Prison notes contain numerous claims of suicidal ideation
Judge reviewing evidence on Assange's suicidal ideation, time in HMP Belmarsh. 'The overall impression is of a depressed and at times despairing person'
Judge: I’ve considered evidence on potential conditions in US prison. Judge reviews statements from CIA on WikiLeaks as ‘hostile’, Assange continued to release docs from the embassy
Judge seems to accept Assange could well be sent to ADX Florence, that he would be held in serious isolation
Judge: purpose of the SAMs regime is to minimize communications, prisoners have extreme limitations. These conditions were considered by all experts to have deleterious impact on Assange’s mental health
Judge: I’m satisfied that Mr Assange has the intent to circumvent suicidal prevention measures. Accepts Kopelman testimony that Assange would be single minded in suicidal ideation
Judge: Therefore I rule it would be unjust to extradite Mr Assange. The US has the right to appeal.
Prosecution says they will appeal. Asks for Assange to be kept in detention.
Defense asks Assange to be released. Judge says she will consider positions for and against.
Parties taking time to consider arguments for bail. Back in 45 minutes. #AssangeCase
Judge blocks the extradition of Julian Assange to the United States, ruling the abusive U.S. prison system could not protect him from suicide
Assange is back in the dock, lawyers are in court, waiting for the judge. Will hear discussion over what happens to Assange immediately next, released on bail or kept on remand. #AssangeCase
Judge back in court. Defense lawyer Ed Fitzgerald says the judgement constitutes the strongest grounds for granting bail, but would like to put all our arguments forward including the conditions in Belmarsh, so we wish to make a bail application to you on Wednesday.
Case adjourned until Wednesday 10am GMT for the full and formal bail application, Assange will be physically produced then, will be kept in HMP Belmarsh until then. #AssangeCase
Some background for #AssangeCase: Lauri Love defeated a US extradition request on similar grounds in 2018, when the High Court overturned the district court's ruling and found that the US prison system couldn't guarantee adequate mental health care freelauri.com/2018/03/26/lov…
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Two days after his extradition was denied, Julian Assange is back in court requesting bail. The US, appealing the ruling, wants him to remain in jail. We're covering the bail hearing now and will report here: #AssangeCaseassangedefense.org/hearing-covera…
Prosecutor Clair Dobbin, acting for the US government, is arguing to keep Assange in bail. She said judge's ruling, which is based on Assange's mental health, "hangs by a single thread" and must be debated on appeal.
Dobbin is now telling the judge that the 2nd superseding indictment of Assange accuses him of helping Edward Snowden escape from the US after his NSA disclosures.
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.
Day 17: Julian Assange's resumed extradition hearing. We expect multiple witness statements will be read aloud this morning, and then Guantanamo Bay prison expert @GuantanamoAndy will be called in the afternoon session. #AssangeCase
Defense 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.
Cockburn's statement includes the importance of the war logs and Collateral Murder video to prove these incidents in the face of official denial.
Day 16 of Julian Assange's extradition hearing thread. Today we'll have more testimony on prison conditions in the U.S. and what it would mean to send Assange there. #AssangeCase
Today we'll first have remote testimony from Maureen Baird, a former warden at the Metropolitan Correctional Center in New York. Baird has testified in other extradition cases about the inhumane conditions of US prisons and the inability to keep prisoners safe.
In the Lauri Love case, the U.K.’s High Court overturned the lower court judge’s ruling because the judge relied too heavily on the assurances that the U.S. Bureau of Prisons could provide adequate mental health care. (See more from day 13 assangedefense.org/live-blog-entr…)
Day 15 of Julian Assange's extradition hearing and the beginning of the last week of testimony. See all of our daily #AssangeCase reports collected here: assangedefense.org/live-blog/
Today we expect testimony from Joel Sickler and Yancey Ellis, on the prison conditions Assange would face pre- and post-trial in the United States if he is extradited.
At issue in their testimony is whether extraditing Assange to the U.S. would be "unjust or oppressive" and whether he would be subjected to "torture" or "inhuman or degrading treatment of punishment". From our report on Dr. Kopelman's testimony on day 11:
Day 14: Julian Assange's extradition hearing. Today we expect testimony from Patrick Eller, digital forensics expert, on the computer crime charge and the alleged agreement between Assange & Chelsea Manning to crack a password in 2010. #AssangeCase
Mark Summers for the defense says the prosecution provided its bundle for Eller, challenging claims in his statements, at 11:30pm last night. He has gotten up at 5:00am to testify and has had about 5 minutes to review these documents... Defense asks for an hour for him to review.
Patrick Ellers will argue, Summers says, that the allegation against Assange regarding the password cracking issue is not possible, and if it were it was not used for the purpose the government alleges.
Judge grants 50 more minutes for Ellers to review.