Thread by @kgosztola

At the British High Court of Justice, Julian Assange's defense present their response(s) to the United States government's effort to overturn a district court decision, which blocked extradition.

Thread for updates on the second day of the appeal hearing.

To recap: On Day 1, Crown prosecutors, led by James Lewis QC, attacked the work done by District Judge Vanessa Baraitser, who weighed facts to determine if it would be "oppressive" to Assange's mental health to grant US government's extradition request.

thedissenter.org/prosecutor-att…

The play-by-play thread of Day 1, with much more extensive detail than the report at The Dissenter, can be found here:

https://twitter.com/kgosztola/status/1453283532948787208

#Assange

We heard a lot about US government's "assurances" related to possible prison conditions Assange would be subject to if extradited.

His attorneys contend—even if High Court accepts assurances—the judge's "overall conclusion as to oppression," would not have been any different.

Assange's legal team will bring up the Yahoo! News report that brought wide attention to the CIA's war on WikiLeaks and the plans to kidnap or even kill the media organization's founder

The proceedings open with Edward Fitzgerald QC dealing with the "grounds for appeal" from the US government that relate to "psychiatric issues." (Grounds 1, 3, and 4) #Assange

Fitzgerald says the district judge assessed Assange's mental condition based on the "very fact that his extradition" would remove "protective factors." For example, the loss of family support that he has in the UK.

Fitzgerald points out the loss of family support in the UK would occur whether #Assange is put in ADX Florence or not and whether he is designated for SAMs or not.

Fitzgerald deals with the particular issue of Assange's intellectual ability to commit suicide and how it would likely be driven by his mental health condition. He mentions the Lauri Love case.

This is laid out in this part of the defense submission to the High Court:

Fitzgerald: The evidence before the judge was "overwhelming that it was likely that SAMs would be applied."

"It’s not the case that they were saying it was impossible." [Assistant US Attorney] Kromberg's own words was it would be possible.

Fitzgerald: You cannot expect a judge when she says she prefers one expert over the other to give reasons

(In other words, judges are entitled to prefer certain experts and past cases recognize this.) #Assange

Fitzgerald quotes from the decision, showing the "high test" under extradition law for determining it would be oppressive was applied by the judge. And she even indicated she had to have regard for the public interest in extradition. #Assange

High Court Chief Justice interjects that the district judge in Lauri Love's case found he would not succeed in committing suicide in the United States.

Fitzgerald says there is evidence for being skeptical of that conclusion #Assange

Fitzgerald argues the district judge's decision against extradition related to Assange's mental health and the impact it would have on his mental health. It did not rely on potential prison conditions.

Chief Justice asks if defense's position is a requesting state cannot extradite unless they can "guarantee that there is no chance at all for a successful [suicide] attempt."

Fitzgerald replies: "Mere fact you have standard protective factors in place is not enough." #Assange

Fitzgerald adds individual has to have mental disorder. They have to have "high risk." Then if the requesting state has appropriate measures they can't say, "If you go ahead and commit suicide, tough." #Assange

Fitzgerald makes the point the US puts in witness statements (i.e. Kromberg's declarations). "They don't subject themselves to cross-examination. They cross-examine til the cows come home the defense experts." #Assange

The High Court asks, what test can the court formulate for the future?

And Fitzgerald says going into the future, as long as the high risk of suicide is driven by mental disorder, extradition should continue to be seen as oppressive. #Assange

Fitzgerald, who was involved in representing Lauri Love, raises the fact that the decision in that case clearly looked into the future and considered eventualities that could occur later on down the line [contrary to what prosecution said on Day 1] #Assange

Referring to James Lewis' comment yesterday that people who get extradited to US have never committed suicide, Fitzgerald says that is because English courts are alert to not extradite where there was risk [like in McKinnon or Love cases] #Assange

For the record, this is the part of the decision from the High Court of Justice in the Lauri Love case that Fitzgerald just read to justices on the High Court. #Assange

To the idea that defense seeks a threshold for extradition no requesting state can meet, Fitzgerald responds, this is a "special case with very specific findings about Assange himself and the particular nature of imminent risk if his extradition was ordered."

Fitzgerald is now addressing the accusation from prosecution that Professor Kopelman misled the court. He says the US has "recklessly publicly stated on number of occasions that there was a finding" by the judge that he misled, which is not true. #Assange

Fitzgerald: "We do respectfully submit that the district judge no way questioned [Kopelman's] fuller explanation," as to why he was concerned for Moris and Assange's children's privacy and initially withheld details of a relationship

Fitzgerald notes Assange voluntarily told Dr. Blackwood—a preferred doctor of the prosecution—that he had two children with Moris, who he was meeting in the embassy. It was not withheld by Assange.

Fitzgerald refers to Professor Keith Rix, a psychiatrist who provided a declaration addressing the allegation of impropriety against Kopelman. Rix describes the ethical dilemma that Kopelman faced. More details:

#Assange

Fitzgerald outlines "menacing situation" where there was surveillance by UC Global in cooperation with US agency.

"They were taking counsel’s and solicitor’s notes and photo-copying." DNA from the nappy of the child Moris brought to the embassy. #Assange

Against a background that included revelations on UC Global being published by the Spanish press and a criminal case being filed, Kopelman interviewed Moris in August 2019. #Assange

Fitzgerald: Assange never told Kopelman don't mention Moris or the children. It was Kopelman's "ethical consideration."

Fitzgerald asks the High Court to recognize the nuances of the district judge's assessment of Professor Kopelman and the misstep he made in withholding details of a relationship.

Here's what Baraitser wrote in the decision that blocked #Assange's extradition:

James Lewis attacked Dr. Sondra Crosby's integrity and impartiality yesterday. In response, Fitzgerald defends the work she did as a witness who shared her observations from visiting Assange in the Ecuador embassy.

Fitzgerald says the the rate of suicide in the UK is higher because the "Americans imprison 7x more people than we do. That will include many young and entirely healthy people just for taking a joint of marijuana." #Assange

Fitzgerald: Not unusual for people with autism spectrum disorder to have a girlfriend (mentions Lauri Love) #Assange

Court is on break for lunch. In the afternoon, Mark Summers QC will address the "assurances" from the US government. We expect to hear more discussion of recent revelations involving the CIA's war on WikiLeaks and the plans that were sketched out to kidnap or kill Assange.

*Housekeeping Item #1*

After the appeal hearing concludes, I will go live for a report on Day 2 of proceedings in the Assange extradition case.

You may tune in here:

*Housekeeping Item #2*

I encourage you to support independent journalism on Assange and various whistleblowers by becoming a subscriber of The Dissenter. Help ensure I'm able to continue this work.

NEWSLETTER: thedissenter.org

PROMO: thedissenter.outpost.pub/public/promo-s…

*Housekeeping Item #3*

At 3pm ET/8 pm London Time, I'll be part of a panel put on by @RightsDissent and moderated by @ryangrim.

@ChipGibbons89 and @SMaurizi, who also do a fine job covering the Assange case, will be on the panel as well.

rightsanddissent.org/live/assange-e…

Fitzgerald is tying up loose ends from his argument on psychiatric evidence that opened proceedings. He repeats that the district judge was entitled to prefer the evidence of Kopelman and Deeley over Blackwood. #Assange

Mark Summers is up now for the defense. He says the "assurances" offered are an "impermissible attempt to recast the case. It’s too late." #Assange

Summers: "The assurances don’t remove the risk of SAMs or ADX [Florence] anyway." #Assange

Summers: "Even if [the assurances] did [remove risk of SAMs or ADX Florence], they do not and would not remove the risk of isolation—and therefore oppression for Mr. Assange, and the risk that it would lead to his death."

Summers also states, "Even if assurances were offered and actually did rule out isolation and oppression, there are genuine questions to be resolved about their trustworthiness" - in this circumstance, given actions of US agencies. #Assange

Summers makes a passing reference to the treatment one experiences in ADX Florence when put in a cell for 22 hours per day. One of the High Court justices interjects that isn't a barrier to extradition. #Assange

Prosecutors claim they were not given the opportunity to adduce assurances. "We respectfully submit that isn't right," Summers says. #Assange

Summers references the section where district judge's decision mentioned SAMs and Assistant US Attorney Kromberg said pre-trial SAMs for Assange were "possible."

That led to defense calling witnesses and eliciting evidence on SAMs during extradition hearing in September 2020.

Summers goes through several witnesses who testified on SAMs to show that at any point before, during, or after their testimony the prosecution could have assured the court SAMs would not be imposed #Assange

Summers repeats that AUSA Gordon Kromberg submitted multiple declarations. They addressed US prison conditions. But he refused to come before the court and submit to cross-examination. #Assange

High Court justice seems to question whether it is significant that it was possible Assange could be put in SAMs. Because that doesn't mean it was for certain. And Summers replies the point is district judge found the absence of an assurance significant.

Summers: Defense "squarely raised the issue of ADX. It was up to the prosecution to take it off the table."

Prosecutors "chose to try to keep it available." They tried to "persuade the judge that conditions there were rosy." #Assange

Heard previously but stated again by Summers. "The SAMs and ADX assurance expressly leaves open the possibility of imposing either or both." #Assange

Chief Justice gripes that he has "real concern about the expansive nature of evidence that was put before the judge, much of which is actually argument." Reacting to Summers presenting expert witness statements on the "assurances." #Assange

Summers raises the Yahoo! News report by Zach Dorfman, Sean Naylor, and Michael Isikoff. He goes over the designation by Pompeo and the CIA of WikiLeaks as a "non-state hostile intelligence agency" and its "legal significance."

news.yahoo.com/kidnapping-ass…

Summers: What Fitzgerald was talking about with Spanish security company revelations are “potentially the tip of the iceberg, and the CIA’s planning with regard to Mr. Assange goes much, much deeper than that.”

Summers says the CIA could advise the Justice Department that he may direct the publication an unredacted version of "Vault 7" and he needs to be designated for SAMs.

"Gentleman alleged to be his source for Vault 7 is currently two years into SAMs." #Assange

Summers: Pretrial motions can be expected to take years. During that time he would be in administrative segregation in Alexandria Detention Center [which is the US government's euphemism for solitary]. #Assange

Summers is detailing where Assange could be confined post-trial, if convicted. It could be in a Communications Management Unit (CMU), a Special Housing Unit (SHU), or a Special Management Unit (SMU).

As detailed here:

Summers: "Regardless of SAMs or regardless of ADX, Assange is headed for conditions of extreme isolation." Pretrial, post-trial, or even if acquitted.

Kromberg can summon Assange before grand jury and have him incarcerated again for civil contempt when refuses to testify.

A bit difficult to follow the back and forth between Summers and one of the High Court Justices, who wasn't understanding Summers' argument on potential transfer to Australia to serve a sentence if convicted.

But here Assange's defense outlines the main issue re: Australia:

Summers concludes the defense response, saying if the High Court takes the view that assurances are to be received and remove risk of isolation, then there needs to be a hearing so Assange's attorneys can test them through witnesses and submission of evidence.

Summers: "First time that US has sought assistance of UK court to obtain jurisdiction" over someone who an agency within the government planned to assassinate or poison [paraphrasing].

"That is worthy of an investigation in relation to the assurances." #Assange

James Lewis QC is back to respond to the defense. He is flustered with the way in which Assange's legal team insists they could have offered "assurances" at any time prior to the district judge's decision.

“It’s not solitary confinement if you can meet with your lawyer on unlimited occasions," Lewis says. #Assange

Lewis still maintains the United States government has never gone back on any diplomatic assurance offered to secure extradition - ever #Assange

I can't say I've heard anything Lewis did not already say yesterday to the High Court. Yet the High Court is giving him 5 more minutes. #Assange

High Court is going to take some time to consider the arguments and draft their decision. No immediate ruling. #Assange

That is all for the US government's appeal hearing in the extradition case against Assange.

Once again, here is the link for the end-of-day report on Day 2. I'll be live at the top of the hour.

In collaboration with @MElmaazi, here's our report on the second day of the US government's appeal hearing in the extradition case against Assange.

—CIA's war on Assange, their 'most prominent critic,' takes center stage

thedissenter.org/appeal-hearing…