Thread by @JoshuaRozenberg

Assange: reporters following the bail hearing remotely can now see court 1 of Westminster Magistrates’ Court. Hearing is due to start at 1000 but there are sometimes delays.

I hope to be live-tweeting, as before. My backgrounder here: rozenberg.substack.com/p/assange-what…

Assange has not yet been brought into the dock. He will be represented, as before, by Edward Fitzgerald QC and Mark Summers QC (remotely). Court now in session.

Assange gives his name and DOB. He sits.

Clair Dobbin, for US government, objecting to bail. She says Assange can’t be trusted to surrender. US says its intention to appeal would be frustrated if he was not remanded in custody.

Dobbin, for US, says Assange claimed to have assisted Edward Snowden’s escape from Hong Kong to Russia.

Assange: Dobbin, for US, says he has the resources to escape. As I predicted, she refers to Mexico’s asylum offer rozenberg.substack.com/p/assange-what…

She says he could simply enter the embassy of another country: no need to arrange a flight.

Assange: Dobbin says if he was wiling to spend seven years in Ecuadorean embassy he’s not likely to take his chances on the US appeal being dismissed.

High Court previously thought conditions that would prevent flight turned out to be hollow.

Sureties were of no consequences.

Assange: Dobbin refers to Judge Taylor’s sentencing remarks when he was convicted of jumping bail. “Her [the judge’s] comments demonstrate the Mr Assange regards himself as above the law.”

Assange: Dobbin says there’s no surety that would secure his attendance. He does not feel the “moral pull” of protecting them. He was appointed as a “diplomat” while in the Ecuador embassy.

Flight must be an even greater impulse than suicide.

Assange: US in the process of drafting grounds of appeal. Likely to argue that court did not apply test as set out in the Richen Turner I referred to here: rozenberg.substack.com/p/assange-what…

Dobbin: High Court did not require a test of whether it would be impossible to attempt suicide.

Assange: Dobbin says key issue is what measures are available to prevent suicide

We will argue that Baraitser erected higher threshold than required.

Baritser says she doesn’t need to hear detailed appeal arguments at a bail hearing.

Assange: despite what the district judge has just told her, Dobbin pushes ahead with her grounds of appeal (his mental health is not as bad as the court had found),

Dobbin now points out that Assange has never lived with his current family.

“Unsurmountable hurdles to bail.”

Assange: In reply, Ed Fitzgerald QC relies on the presumption of bail. He tells Baraitser that her decision changes everything. He’s been detailed for 15 months after serving his sentence for jumping bail. That was on the basis of an extradition request that has now been denied.

Assange: Fitzgerald says there’s now some doubt about whether the US will continue with its appeal. He relies on this report in @theguardian: theguardian.com/law/2021/jan/0…

Sorry, should have referred to @guardian. Fitzgerald says risk of flight should be consigned to history. As predicted, rozenberg.substack.com/p/assange-what… he says Assange has every reason to stay in England and abide by bail conditions. New family would now anchor him to the community.

Assange: disagreement on the evidence over risk of getting Covid at Belmarsh prison. Gareth Peirce, solicitor, has provided Fitzgerald with figures that are contrary to the evidence from the police. Dobbin shows Fitzgerald email from HMP Belmarsh last night. She reads it out.

Assange: Dobbin says Belmarsh has three prisoners on the Covid spur (as of last night). District Judge says she prefers the most up-to-date information.

Fitzgerald says that on any view Covid is worse now and Assange would be safer isolating with his family in the community.

Assange: Fitzgerald tells Baraitser she applied the correct principles as set out in recent cases (including Lauri Love: bailii.org/ew/cases/EWHC/…).

There’s no reason for Assange to abscond now he’s seeking to uphold Baraitser’s ruling (if an appeal goes ahead).

Assange: Fitzgerald says that Tracy Somerset, Duchess of Beaufort (“Tracy Worcester”) would stand bail for £10,000. Dobbin had said her surety had been forfeited last time. Fitzgerald says Assange would be under effective house arrest with partner and children in London.

Assange: Fitzgerald says Mexican offer was intended to take effect after the legal proceedings. Mexico did not offer him access to his embassy.

District judge: how would that help?

Fitzgerald: this would protect Assange against another US extradition request if he left the UK.

Assange: court adjourned for 10 minutes so that Fitzgerald can take instructions from Gareth Peirce, Assange’s solicitor, and reply to objections raised by Clair Dobbin for US.

Assange: court resumes. Fitzgerald says experience of 7 years in Ecuador embassy not something he’d ever repeat. Mexican president had been significantly misquoted.

Assange: Fitzgerald provides info from HMP Belmarsh saying that social visits have been suspended (and are likely to remain so). Another prisoner awaiting deportation committed suicide there recently.

District Judge Baraitser delivers her ruling on bail. She begins with the background history.

DJ Baraitser: the outcome of this appeal is not yet known. Assange still has an incentive to abscond. US must be allowed to challenge my decision. He has shown willingness to flout orders of this court.

DJ Baraitser: I am satisfied he would fail to surrender. Remanded in custody.

Assange refused bail. Hearing concluded.

Thanks for following my tweets on Assange. I’ve now updated my backgrounder:

rozenberg.substack.com/p/assange-what…