[THREAD] I start my report on the second day of the #JulianAssange extradition hearing with this reminder:
The court will have to decide whether to send #Assange to the country that plotted to murder him, or whether to protect his life.
#AssangeCase
The court will have to decide whether to send #Assange to the country that plotted to murder him, or whether to protect his life.
#AssangeCase
The court starts.
These are the Defence arguments submitted to court.
#Assangecase
defend.wikileaks.org/2021/10/27/def…
#Assangecase
defend.wikileaks.org/2021/10/27/def…
This is how the @hmcpsi views #Assange's health:
https://twitter.com/SMaurizi/status/1453655941317021696?s=20
@kgosztola
"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 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: People who have an urge to commit suicide will find a way, whether they are clever or not.
Fitzgerald: You can't say take out SAMs, take out ADX, and the judgment would have different, the mental health evidence before the judge was overwhelming.
Fitzgerald: Irrespective of the assurances, you simply cannot say that the judge would have change her rulling.
Fitzgerald is going through the evidence that was strategically ignored and/or manipulated by Lewis yesterday to correct the record on mental health, sentencing, SAMs and the so called assurances.
@SMaurizi:
"Fitzgerald (JA's counsel): the test is: there is *sufficient risk* of him committing suicide to make the extradition "oppressive""
"Fitzgerald (JA's counsel): the test is: there is *sufficient risk* of him committing suicide to make the extradition "oppressive""
@kgosztola:
"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
"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
Fitzgerald: In this case the main focus of the mental health evidence is based on the very fact of extradition itself, not only on SAMs or ADX.
Fitzgerald is arguing that contrary to the prosecution's argument, it is legitimate and necessary for the court to address the future deterioration of JA's conditions in US detention.
#AssangeCase
#AssangeCase
Fitzgerald argues that if there is a high risk of suicide then it is irrespective to say that there are protective measures in place.
If someone is driven by their mental disorder, then there cannot be extradition because protective measures are not enough. This is what parliament intended.
Fitzgerald argues that the US in these cases simply put in witness statements and do not subject themselves to cross-examination, while they cross-examine the defence witnesses "till the cows come home." #AssangeCase
The fact that Kromberg has not subjected himself to cross-examination has been a serious issue that the defence has been arguing for a while. His statements are the main basis for the US case, including the so-called assurances, but the defence cannot cross-examine them in court.
Important on length of sentencing: the US wants the court to believe the sentence of Reality Winner is a guide, as well as Sterling or Hale. In reality, the obvious indicator is manning, 35 years, which is a life/death sentence for #JulianAssange.
Fitzgerald now mentions the surveillance of the Embassy and plans by the @CIA to murder #Assange.
NOTE: This is the only argument that the court needs to consider. Send him to the country which planned to murder him, or protect his life.
NOTE: This is the only argument that the court needs to consider. Send him to the country which planned to murder him, or protect his life.
Fitzgerald goes back to arguing that whatever the preventive measures that are taken, if #Assange is driven to suicide by his mental disorder, the extradition is oppressive and should be denied.
The judge has asked that all mobile phones inside the gallery.
Fitzgerald tackles Lewis' argument that no one who has been extradited from the UK to the US has committed suicide by arguing that this is because the British courts have been careful to protect those at risk like Love and McKinnon.
CORRECTION OF ABOVE TWEET: The judge has asked that all mobile phones inside the gallery are turned off. He said there are "activities that are disturbing". How can journalists report from court live if they are not allowed to use their mobile phones?
Fitzgerald: 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 argues that the US prosecution's arguments about the court being misled are simply not true. This is a falsehood that is now being reported by some press.
I have received reports that @kgosztola's tweets are disappearing. Here is his latest tweet.
https://twitter.com/kgosztola/status/1453677328115150852?s=20
Mr. Assange told the prosecutions examining psychiatrist that he had two children and a relationship. Nothing was concealed about this. Kopelman deferred identifying Stella, [who only became public when the court wouldn't protect her identity in a bail application for Julian.]
@SMaurizi "to help you to understand:Lewis(#CPS's counsel=#US counsel) has repeatedly tried to undermine Prof.Kopelman's medical evidence on JA by arguing that, in his first assessment, Prof.Kopelman omitted to reveal @StellaMoris1 was JA's partner and had two children".
Fitzgerald continues to argue that Kopelman was faced the dilema of protecting @StellaMoris1 considering that @UCGlobal_ had planned to kidnap or murder #Assange, that and even his baby were under severe monitoring including following her and her family.
@richimedhurst: "Assange's lawyers refer to the CIA's plots against him: "They were taking counsel's notes and photocopying them. They were seeking DNA from the nappies of one of Stella Moris' children. There was even even talk of poisoning or kidnapping Julian"#Assange"
They were taking counsels and solictors' note sand photocopying them. They were seeking recordings and DNA from the nappies of Stella Morris. They were also talking about killing and poisoning Mr. Assange. In that case, humane consideration of the dilemma, important.
Fitzgerald: It was never Mr. Assange asking Kopelman not to mention @StellaMoris1, it was Kopelman's decision to protect her anonymity at the time.
Fitzgerald: the district judge understood Kopelman's actions, she said it was wrong but understandable. The judge understood the situation.
The #AssangeCase defence, as has become usual, is arguing with dexterity and an admirable truthfulness, which is very refreshing after having spent the day yesterday listening to a barrage of deceitful and misleading arguments by the US prosecution.
Fitzgerald: I submit that the Judgment by the district judge was humane.
Fitzgerald again mentions the plans lead by @mikepompeo as head of the @CIA to murder or kidnap #Assange from the Ecuadorian Embassy. He says that Pompeo does not deny these claims.
Note: It's important to remember that @mikepompeo called for the prosecution of the 30 @CIA sources of the @YahooNews investigation which revealed the plans by @CIA, ordered by Pompeo, to murder or kidnap #Assange
Fitzgerald: "This is a miserable attempt [by the US prosecution] to tarnish the reputation of a distinguished professor of psychiatry."
Fitzgerald: It is really trying to look for the worst of human beings to tarnish him in this way. #AssangeCase
Fitzgerald: the arguments by Lewis that Dr. Sondra Crosby was a GP and a friend of #Assange are absolute nonsense. She's an expert internist from America, certified in Boston to make psychiatric evaluations and part of a team that came to evaluate #Assange. She was not partial.
Fitzgerald argues that the suicide rate in the US is lower than the UK is because the incarceration rate is 7 times higher and for far less serious crimes including possession of Marijuana which means far more people with no mental illness are incarcerated.
Court is in recess.
The court resumes.
@SMaurizi: Fitzgerald quotes from #UCGlobal's internal emails in which #UCGlobal's boss, David Morales, discusses targeting @StellaMoris1, hence her concerns about her safety and privacy. Note: #UCGlobal's emails are at the center of a criminal investigation in Madrid
Summers: "The assurances don’t remove the risk of SAMs or ADX anyway.
Mark Summers now talking about the trustworthiness of the assurances & the admissibility of the assurances. Judge refers to the difficulty of having “conditional” assurances.
NOTE: There is no reason to believe that the so-called assurances by the US prosecution will be adhered to when in the same document the US says that at any point they can change their mind and remove any "assurance" that they feel pertinent.
NOTE: The US prosecution does not guarantee that #Assange will not be subjected to SAMs, this is because it is not decided by the @TheJusticeDept, but the @CIA, the same agency who planned #Assange's murder.
Summers: Mr. Lewis has not stated that #Assange would not be subjected to SAMs or sent to ADX, he has mislead the court. There are no "assurances".
Summers continues to argue that there are no so-called "assurances" by the US government.
Summers: "the notion that the United States didn't have an opportunity before hand to take SAMs off the table is, with all due respect, nonsense"
@kgosztola: "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"
Summers: Has the prosecution even now exclude SAMs or ADX?
Summers: The various witnesses say that the involvement of the @CIA in the decision to implement SAMs , is important.
Summers: "The evidence of Assange's relationship with the @CIA is vast."
Summers is arguing that @mikepompeo's decision to categorize @wikileaks as a Foreign Non-State Intelligence Agency has legal implications as it allows the @CIA to direct actions against WL and #Assange without congressional oversight.
Summers continues to expose the @CIA's plans to murder or kidnap #Assange. "How likely is the @CIA to decide that Assange should be under SAMs?"
Summers: The notion that the @CIA would not certify SAMs is simply wrong.
Summers: the assurance according to all the evidence and according to Kromberg is that ADX is the most likely designation.
Summers continues to argue that solitary confinement is virtually guaranteed.
Summers moves on to say that pre-trial motions are likely to take years and that there is no reason to believe that Julian would not be put under administrative segregation or SAMs.
Summers: regardless of SAMs or ADX Mr #Assange will receive conditions of extreme isolation.
Summers: regardless of SAMs or ADX Mr #Assange will receive conditions of extreme isolation.
@SMaurizi: Mark Summers(JA's counsel):in a Spanish case, Spanish court asked the Spanish government to take all possible steps to deal with the violation of assurances provided by the US in an extradition case
Court hands over to US prosecution barrister Eric Lewis.
Lewis argues assurances have been honoured in the past. He says it is proper to deal with assurances at any stage and that they would be reactive by their very nature.
Lewis says that the defence has failed to show a real risk in relation with ADX or SAMs.
NOTE: At this point it feels that Lewis is moving beyond misleading to lying.
Lewis continues to argue that assurances exist.
Lewis now attempts to argue that administrative segregation because the inmate can meet with their lawyer in an unlimited fashion.
Lewis argues that ad-seg is not the same as SAMs, but he fails to say that the so-called assurances do not forbid the US from placing #Assange under SAMs.
Lewis actually now attempts to argue that #Assange now knows that because of the so-called "assurances", that he will not be placed under SAMs and sent to ADX and that this must change his suicidal ideation. NOTE: This is simply false.
Court is adjourned
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