Thread by @Consortiumnews

#JulianAssange is no doubt on his way to the High Court for the USA v Assange Appeal, starting 10.30am BST. We will be connected to the hearing via video link and live-tweeting on this thread.

The Appeal will be heard by Lord Justice Holroyde and Lord Chief Justice Burnett.

We now have view on a small room with a door, possibly through which #Assange will enter.

Distorted sound but we may have heard that #JulianAssange has asked to be excused.

View on the courtroom. Two cameras, both poorly placed. Hard to identify anyone from the image but we her the voice of defense lawyer Edward Fitzgerald.

All rise...

Fitzgerald: Mr #Assange has been put on a high dose of medication and doesn't feel able to attend.

56 people in the video link

The US will be represented by Clair Dobbin & #Assange by Edward Fitzgerald.

Not Dobbin but James Lewis QC speaking. The lower court judge said it would be oppressive to extradite #Assange. We disagree. Look at Bundle, 733, para 5, page 1. Final ground was was Section 106 which is about assurances.

Lewis will refer to Section 106 and 91. Subsection 1 appears that court could remit the case to the lower court. If conditions 4 and 5 are met we move to Section 106, where the case can be sent to the Secretary of State. Baraitser shd have weighed Kopelman's evidence correctly...

Lewis: Baraitser should have sent the case to the Secretary of State. We should rely only on the assurances. They have dealt with the issue of ADX in Bundle G page 4, where Gordon Kromberg says the assurances are binding.

Lewis: The US has provided the relevant assurances. Diplomatic note 169 states they are binding. Any objection that UK has no recourse if they don't has no basis in fact.

Lewis (JL) The risk of inhuman treatment (SAMS) articulated by the defense conflates two points... but essentially, even for a person w/ a mental heath problem US conditions do not violate Article 3 of the EHCR.

JL: Detailing ADX Florence detention conditions and complaints about lack of possibility for review. Re mental health compliance w/ Article 3, the constant refrain refers to the case of Lauri Love. The defence's arguments are entirely predicated on an assumption of SAMs at ADX.

JL: Referring to Prof Kopelman's report. He says he relies on US reports of deleterious effects of SAMs. The assumption & opinion about SAMS is maintained throughout his arguments. He cites Thomas Durkin who says SAMs will be imposed in pre-trial detention.

JL: Kopelman relying on #Assange's description of SAMs, who said he wouldn't be able to talk to anyone, write or publish. Judge Baraitser takes all this as fact.

JL: Baraitser states that these (supposedly likely) conditions will be conducive to a suicide attempt. Baraitser believes that #Assange will be subjected to SAMs.

Unexpectedly, #Assange has just arrived in court

JL: Baraitser affirms there is a real risk #Assange will be placed under SAMs & designated to ADX Florence. Having done that, she describes the facility's conditions using open source material.

JL from there, Baraitser examines the Turner criteria. The conditions the judge is applying are clearly SAMs at ADX. Such confinement, would have a deleterious effect on #Assange's mental health & trigger his impulse to suicide.

JL: Judge Baraitser's findings need fact-checking. They are based on assumptions which ground her decision-making. It follows that once SAMs & ADX threats are removed; once there is assurance of mental health care; once he will be re-patriated to Australia, he can be extradited.

JL: Claims the US didn't have an opportunity to provide assurances there would be no SAMs nor ADX isolation for #Assange. Assurances are an essential aspect now of extradition & the defence knows that. There were diplomatic notes & the court should take heed of them.

JL: It has been rejected bu UK justice that SAMs are in themselves a violation of Article 3. There is an assertion by the defense that because of the way the assurances are drafted, it is still possible #Assange could still be subjected to SAMs ("if he does something").

JL Mr Kromberg points out that expert witness wrongly stated that the Bureau of Prisons would likely impose SAMs, or administrative segregation which, she says, is just as bad. We disagree. Kromberg says prisoners in pre-trial Ad. Seg. at ADC not in solitary.

JL: Even post-trial, prisoners have cell-mates and are only isolated for limited periods. Says the defence's arguments were based on incorrect descriptions of prison conditions. The US has not previously breached assurances to the UK.

JL: Defencse lawyer Gareth Peirce cites assurances relating to a Mr Aswald? There was no breach in this case. The court appoints a defence lawyer (assurance 5); offered consideration of bail & a competency hearing (which he waives). He is independently assessed as OK for prison.

JL: Aswald? was given medication for his condition. US respected all the assurances it gave the UK. The assurances, as they relate to SAMs, do not exclude the imposition of SAMs. If #Assange, say, threatened national security, it would be reasonable to isolate him.

JL: We don't accept that SAMs are oppressive. Defense says assurances w/ Abu Hamsa were breached. That's simply not true. Assurance was allegedly that he would not be sent to ADX. This was only stated as "highly unlikely". [Hamsa had lost both hands]. It never said never in ADX

JL: The prosecution never assumed #Assange would placed under SAMs.

No reason to believe #Assange would be subjected to cruel & inhuman treatment in violation of the EHCR Article 3. In the case of Ahmed, no breach, even w/ his mental health issues, & would get SAMs at ADX.

Jl: Section 91 applies (condition 2) if the current medical is such that suicide could not be resisted. The judge may adjourn until the condition improves. The condition must be causative to claim risk in the future. So much of the defence's case is what may or may not happen...

JL: The longest sentence for #Assange's type of crime is 63 months. He could apply for a speedy trial. He would likely get off on the 1st Amendment. We must look at his mental health as it is now. Not what it might be in the future to trigger suicide.

JL: Expert medical witness Prof Fazel says suicide can't be predicted longitudinally. Mr #Assange did not even come close to having an illness that would trigger him in the long term...

We see #Assange who is talking to a prison guard. It appears he wants to leave & does.

The distraction of #Assange leaving the court causes us to miss details on another prisoner who wanted to suicide. This case is different to #Assange. Now JL citing another Wandsworth prisoner who had made several attempts. It was deemed he still had capacity to resist.

JL: Cites case of Robell(?). He was a poor mental state & at high risk of suicide. The district judge has applied a very low threshold w/ #Assange compared to a prisoner like this. The Turner test is set within the context of a long history of self-harm & very high risk.

JL The law is set out in relation to 7 propositions re risk of suicide. #3 is the same as #5. #6 can be in conflict w/ #3. It is difficult to interpret. Maybe not a good test. But we can't base an interpretation on the contingency of future possible events.

JL: Miss Turner's condition was caused by a past event, a car accident, which henceforth compelled her to commit suicide.

JL: Case of Wolfobitz (?). The key conditions were #3, #5 & #6 in Turner. All three cases cited were rejected under Article 91. The district judge argues #3 and #4 in Turner, and very little else - but largely based on future uncertain events.

JL: Turner was not referred to in the case of Love (Lauri). The judgement was based on multiple physical and mental conditions combined, which would have been exacerbated by prison conditions - and thus extradition would have been oppressive. Love can not be seen as precedent.

JL: We can't apply a crystal ball approach regarding future uncertain events. Mr #Assange's current mental health was not such to preclude extradition. One could not speculate on his future mental health. Suicide is rarer among prisoners in the US. There is evidence for that.

JL: Baraitser predicts #Assange's suicide. She takes a step by step approach, but doesn't address proposition 6 at all - the arrangements for prevention of suicide in the requesting state. She thus does not make an overall assessment. Bases it in para 359-60 on his determination.

JL: Baraitser's assumption is that the US could not deal w/ #Assange's ability to get around PoS measures. No one extradited from UK to US has ever suicided. His "ability" becomes a "trump card", whereby no treatment could prevent suicide, ever.

JL: We say the approach taken by Baraitser is to erect a barrier to extradition that the receiving state could never overcome. It would be an attractive proposition for any criminal. Only Kopelman says #Assange could not resist suicide. Only Deeley says he has Aspergers. [Not so]

Adjourn for lunch. Fitzgerald arguing somewhat angrily over the case of Lauri Love before the audio is cut off.

Court in session again. We will hear from James Lewis QC again. Fitzgerald will have the last 30 mins.

Why weren't assurances given in the lower court? Lewis asserts they can be offered at any stage.

JL: The correct approach is to leave time before judgement to allow time for assurances to be provided, especially regarding cruel & inhuman treatment. We held evidence about conditions #Assange might be held under. Our understanding was only terrorists are held under SAMs.

JL: The nature of assurances depend on the issues raised. We were dealing w/ Proposition 6, the conditions in place to prevent self-harm & suicide.

JL: Addressing Burnett, you assumed Love would receive 10 years. Kromberg says he handled the case of Daniel Hale, where the court only imposed 42 months. The longest sentence was for Reality Winner, who got 63 months. Lists more cases which refute the idea of "175 years" fo JA.

JL: The judge should not rely on Kopelman's evidence. He relied on self-reporting by #Assange. Fazel and Black wood relied on the prison's ongoing clinical reports.
#Assange had every reason to exaggerate his symptoms.

JL: Mr #Assange went to extraordinary lengths to avoid extradition. He was able garner support from Ecuador & various people, including @StellaMoris1. He put up w/ appalling conditions at the Embassy...

JL: Prof Kopelman knew about #Assange's relationship w/ Moris. He spoke about 3 of #Assange's children & referred to a relationship with "another woman, who had 2 children". He didn't say #Assange had 5 children.

Camera is on #Assange for long time while Lewis is speaking about Moris. Head in hand, he looks depressed and exhausted. Lewis complaining about Kopelman not making an application to the court to keep the relationship private. This only came forth to support a bail application.

JL: When Moris revealed her identity, Kopelman did not admit that he had known about this all along. We only heard about it just before hearing his evidence. #Assange has risen again & disappeared off camera.
Lewis says Kopelman should not be given any weight at all.

Guard has come to check what #Assange is doing...

JL: Deeley says JA's condition (Asperger's) would increase the chance of suicide. He's speaking about the UK, in the case where extradition is ordered and speaks of support & medication.
Dr Blackwood says no substantial risk.

Prof Fazel found no substantial risk. Dr Daly (prison forensic psychiatrist) thought #Assange's depression moderate. Daly's notes were ongoing. Assange did not report psychotic episodes to her. She reports he wasn't always depressed.

JL: Prof Mullen said #Assange was suffering from moderate depression, consistent with Dr Blackwood. Kopelman's assessment of "very high risk" of suicide needs to be contextualised. Suicide is extremely rare in prisons, and lower in the US than UK.

JL: Kopelman in cross-examination [described as "robust" by Judge Baraitser], said he didn't want to follow the books. He wasn't able to list the textbook symptoms of depression. He said he had not worked in prison settings.

JL: He didn't know what the acronym ACCTM stood for, used in his notes. He did not list reports where #Assange was not depressed or suicidal. "Mood good" was missing. Assange's daily behaviour was inconsistent w/ Kopelman's diagnosis. Said JA thought of suicide 100s of time a day

JL: Kopelman's claim of #Assange's constant suicidal ideation inconsistent w/ his daily concern w/ his case, health, social activities. Daily prison reporting contradicted #Assange's self-reporting to Kopelman.

Lewis is claiming #Assange deceived Kopelman. He also claims that the information he withheld about Assange having a partner was vital, because having a partner is a major impediment to suicide.

Lewis lists more significant omissions by Kopelman, including mention of young children. Mentions @NilsMelzer the "Raconteur on Torture". Says Kopelman aligned himself w/ Melzer's report & that his assessment is biased.

JL: Regarding prison conditions, Kopelman referred mainly on information coming from defense witnesses. Even when provided with testimony from Kromberg & Leukefeld he would not shift his position. He showed "settled bias".

Lewis is getting muddled. Refers to Dr Daly (prison psychiatrist) as Dr Deeley (expert on Autism). Fitzgerald corrects. Saying AGAIN that only Deeley diagnosed #Assange as being on autistic spectrum. Fitzgerald interrupts & corrects him. Not true. Lewis silent.

JL: Citing prosecution expert medical witnesses. Blackwood goes to prisons often. Fazel is a suicide expert. He says you can't anticipate suicide risk in the future, especially if conditions change. Says suicide rare in US prisons. #Assange does not meet criteria of high risk.

JL: Citing prosecution medical expert Nigel Blackwood. No evidence of psychotic symptoms when I saw him. He was engaged in prison activities. Not deemed suicidal. Wasn't severely depressed when I saw him. Suicidal impulse could be managed.

JL: Baraitser said she "preferred" the evidence of Kopelman without detailed cogent reasons. She does not deal w/ any of the points raised w/ Kopelman in cross-examination. She Kopelman had more notes, but gives no analysis. She also accepted blindly Deeley's diagnosis.

Burnett: She said she was not deceived by Kopelman.
JL: And disregarded misleading statements.
Burnett: Did you argue that Kopelman's evidence was inadmissible?
JL: No, but that it should be given little or no weight.

JL: Baraitser gave Kopelman's evidence total weight, to the exclusion of the other medical witnesses. She thought K's omission of mention of #Assange's family was a minor matter. This is not the opinion of the Supreme Court.

JL: Experts must not mislead the court for any reason. They should not "play the system" to get the justice they perceive is correct.

JL: Prof Fazel's opinion that suicide can not be predicted into the future should have been given much more weight. Where Baraitser erred was on the critical test in Turner, that the prisoner is sufficiently mentally ill to make suicide inevitable.

Lewis summing up. The assurances negate the risk of deterioration of the prisoners's health. She incorrectly applied s91, mistakenly assumed suicide can be predicted. Repeats why Kopelman's evidence should be given little or considerably less weight. Baraitser gave it too much

Jl: Court can proceed under Section 106.

Edward Fitzgerald for the defense.
This was a carefully considered judgement. My learned friend nit-picks & says there should be "reasons for reasons". A judge can't do that. This was an extremely long process. You have heard snippets of the cross examination.

EF: I suppose I have to tediously go through re-examination & mention that Prof Fazel for example agreed that Kopelman's diagnosis of severe depression. Kopelman did not speak of the children on legal advice, to protect the safety of the children.

Fitzgerald indignant

EF Lewis omits the real reason #Assange was taken to the medical wing: suicidal ideation. Dr Blackwood did not seem to be aware of this. He had limited knowledge.
One must give respect to the judge who listened to all the evidence. She gave 7 respectable reasons why risk high

EF Lewis argues that one can not predicted far into the future. #Assange knew what his conditions would be the moment he arrived in the US. Baraitser did not ignore the prosecution's medical evidence. She cites Fazel, who says suicide is 4 times more likely in isolation.

EF: Parliament has given the judiciary the power to protect vulnerable people with mental disorders from extradition. Baraitser notes that #Assange has been on prevention of suicide measures the whole time he has been in prison. That he sought help from the Samaritans

EF: Baraitser knew #Assange was on medication to manage suicidal ideation. She acknowledged agreement between Fazel & Kopelman on severe depression. Suggestion that "Kopelman was some kind of a lone wolf is absolute nonsense".

EF: Fazel said we don't really talk about ability to resist suicide. It's about what happens when faced w/ a catastrophic situation. A mental disorder, such as determined regarding #Assange would pre-dispose to suicide. Baraitser thoroughly deals w/ prevention of suicide measures

Court reminds EF that time is running out today.
EF says Baraitser examined PoS measures described by Dr Leukefeld & finds them insufficient. We know #Assange will be segregated in the US & there is no reliable assurance he will not get SAMS.
End.
Laurie Love? "I will do no harm"

It appears Laurie Love, if that was the voice we heard in court as soon as the session ended, may have been reading from the mental health code of ethics or hypocritical oath. We distinctly heard: "I will do no harm". He had said publicly hours before that he would attend.