Thread by @Williamrt

Today the US will begin the process of appealing against the UK court's decision not to extradite WikiLeaks founder, Julian Assange. The preliminary hearing is due to start at 10:30. I am reporting on the case by remote video link. I will post updates here. #Assange

This story summarises the main issues that are expected to be raised today.

computerweekly.com/news/252503670…

The US is arguing for permission to challenge the evidence of medical expert, Michael Kopelman, head of neurospychiatry at King's College London in the Court of Appeal. Kopelman found that Assange had autism, recurring depression, and was at high risk of suicide if extradited.

In doing so, the US is seeking to overturn a decision by Justice Jonathon Swift in July who found that the US could not use Kopelman's evidence as grounds for appeal. #Assange

Justice Swift found that the US could bring an appeal against the UK's decision not to extradite #Assange on three grounds:

1. The Judge made errors of law in her application of the test under section 91 of the 2003 extradition Act, by finding his physical or mental condition of the person is such that it would be unjust or oppressive to extradite him. #Assange

2. The Judge, having decided that the threshold for discharge under section 91 was met, ought to have notified the requesting state of her provisional view, so as in order to give the opportunity of offering assurances to the Court. #Assange

5.The United States has provided the United Kingdom with a package of assurances which are responsive to the District Judge's specific findings in this case. #Assange

The court refused grounds 3 and 4 of the US appeal, listed below. The US is expected to argue today that these points should be allowed to be heard. #Assange

The third ground for appeal relates to the evidence of Professor Kopelman The US argues that Kopelman's medical evidence is inadmissible or be given a low weighting. This ground was initially refused but the US is expected to argue for its reinstatement. #Assange

The fourth ground is that the District Judge erred in her overall assessment of the evidence of the risk of suicide. Again, this ground was initially rejected in July. #Assange

The court has adjourned until 2pm when dates for an appeal hearing will be discussed. The US government asked for a 4 day hearing. Justice Holroyde made it clear that it can be heard in 2 days. #Assange

Clair Dobbin representing the US government argued that the district judge had erred as a matter of law in finding that it would be oppressive for Assange to be extradited to stand trial in the US #Assange

She said that part of the US appeal would be that Assange did not have a mental illness that came close to meeting the threshold that it would be oppressive to extradite him. #Assange

Much of the legal argument concerned evidence given by defence medical expert, professor Michal Kopelman, head of psychiatry at King's College London over #Assange's risk of suicide.

Dobbin argued that Kopelman's report relied heavily on self reporting of symptoms by #Assange. She said there was a need for scrutiny of self-reported symptoms.

Dobbin said that Assange had gone to extraordinary lengths to avoid extradition to the US, by entering the Ecuadorian Embassy and staying there for 7 years. #Assange

"He was willing to break the law to avoid extradition", said Dobbin #Assange

Dobbin said that while at the embassy he proved adept at arranging asylum, hosted a TV show, and sought to protect Edward Snowden. The purpose of WikiLeaks was to publish classified information. #Assange

She said there was a lack of formal psychiatric history in #Assange's background and no diagnosis of asperger's syndrome until his extradition.

Dobbin argued that Kopelman had mislead the court by failing to disclose in his first report that #Assange had an established relationship and two young children.

She said that the prosecution did not know about Assange's relationship with Stela Moris and their two children until #Assange deployed the information in a bail application in March 2020.

She said that Kopelman "was willing to subjugate his duty to the court to the interests of Mr Assange" and that Kopelman was willing to mislead the court #Assange

The district judge found that Kopelman's decision to leave out details of Assange's relationship was a natural human response [to protect her privacy]. But Dobbin said that experts are not allowed to mislead the court for any reason #Assange

She said the judge did not deal adequately with evidence from other expert medical witnesses and did not appreciate the weight of evidence suggesting Assange was able to resist the impulse to suicide. #Assange

Edward Fitzgerald representing Assange said that the court was correct to find there was no point of law in US arguments that Kopelman's evidence should be found inadmissible #Assange

Judge Vanessa Baraitser asked the question "is this an an objective and unbiased opinion" and found that Kopelman's evidence was objective and unbiased. #Assange