Extradition September hearing Day 16 (18 incl 2 Covid)
Joined the video link waiting to cross to the Old Bailey.
In a significant development yesterday, the judge agreed to accept the statements of 2 former UCGlobal employees without requiring them to reveal their identities..
.. This was a critical decision as the only protection they have (besides armed guards) is the fact that their former boss would be the suspect should anything happen to them given he alone would know their identities, Defence argued.
In accepting the Spanish court’s ruling on..
.. anonymity, these witness statements will form part of Defence evidence, paving the way for the extradition to be denied on the same basis the criminal case against Dan Ellsberg was thrown out: illegal activity on the part of the CIA. In Ellsberg’s case, for breaking into ..
Extradition September hearing Day 11 (or 13 with Covid days)
Joined video link & waiting to cross to court.
Yesterday we heard from the main Defence medical witness Prof M. Kopelman whose testimony that JA suffers from clinical depression and is likely to kill himself if
.. extradited, was contested by the Prosecution who attempted to discredit his opinion by alleging bias, an error in judgement thru omission, & a mistaken premise regarding conditions in US prisons as well as the likely severity of his sentence.
Kopelman informed Lewis’ that given he is aware Lewis had intended to secure K as a witness for the Prosecution, his attempts to discredit the reliability of K’s opinion rang somewhat hollow, that a lawyer cannot use psychiatric diagnostic guidelines like a cookbook,
Extradition September hearing Day 10 (12 incl Covid days)
On the video link waiting to cross to court room.
We will hear from both Defence & Prosecution medical experts over the next few days, as one of the arguments JA’s team will advance is that the extradition would be ..
“unjust and oppressive” due to his mental condition & high risk of suicide if he is extradited. This was taken into consideration in the refusal of extradition in the the case of Laurie Love.
Clearly findings will be contested & the judge will be asked to make a finding of fact.
In addition to challenging the basis of any diagnosis, the basis of any prediction of the impact of conditions in US prisons will also be significant.
The first witness, scheduled to take all day, is expected to be Prof of Neuropsychiatry at Kings College, Michael Kopelman for..
I am not saying that is what will happen in this case. However I’m reminded of the convoluted thought gymnastics of Logic/Philosophy 1
Deleted because I made an inappropriate comment in haste. But I also said, perhaps she means the individuals communicating the information in the cables were fabricating it. I can’t see how else you could arrive at this conclusion given the US certainly regards them as authentic
Extradition September hearing Day 6 (day 8 had we not missed 2)
Joined the link.
First witness will be John Goetz who was with Der Spiegel and present at the dinner with JA and the Guardian journalists. The latter alleged JA said “They are informants, they deserve to die.”
Goetz signed an affidavit years ago saying that is not true.
Gareth Peirce JA’s solicitor speaking with Summers. We don’t have sound yet. Stella, Joseph, Jennifer in place. And James Lewis.
Extradition September hearing Day 5 Morning session
This is the 7th day of the hearing but the court has run for only 3 and a half. Lots of time wasted with the Covid non-event and technical difficulties.
First, a postscript on cross examination technique. Any comment from..
.. lawyers welcome.
James Lewis QC ‘s technique became crystal clear yesterday. He endeavours to discredit the evidence of witnesses in their statement by insisting they answer a very specific question succinctly, because it will elicit the answer he needs to go on the record,
.. even though the matter requires a fuller answer to do the question justice, and the fuller response in fact provides the opposite answer.
This strikes me as a technique to be used if winning is all that counts.
I am reminded of a long running case many years ago called..
Extradition September hearing Day 4 Morning Session
On the video link.
Today’s witness is expected to be Eric
Lewis, a Washington, DC–based attorney with experience of national security cases in EDVA and complex cases with UK-US cross border implications.
His cross-examination is expected to take a full day.
I will refer to him as Eric, to avoid confusion with the Prosecution’s Lewis in Court
I have put in a request to see the defendant more often in order to establish
how he attempts to communicate with his lawyers,
and whether it is successful.
Each day we are read a statement before joining the court hearing..
Extradition September hearing Day 4
In the Observation Room.
Hearing may start at 10am or 10.30, depending on whether the Defence lawyers can see Julian earlier as the judge would like.
A post script on yesterday:
This is an observation.
In the discussion at the end about how much time Defence and Prosecution should have with each witness, there was a marked difference in the attitude toward the judge between Lewis & Summers. It was rather astonishing.
Summers was respectful and deferential, while Lewis was cantankerous and behaved as if he were her superior. The judge was exceedingly polite in return.. but did not resile from her position. They are to resolve it all at the beginning of today’s hearing.
Extradition September hearing Day 3 Morning.
Waiting to join the courtroom.
Lewis, Summers, Fitzgerald, Stella, Joseph
Btw Stella & Joseph sitting along the side of the courtroom. We have a view to that side, lawyers in the middle and the judge. The camera angle cuts out the back wall where the glass enclosure is. And I assume there is more seating on the opposite side, where CraigMurray must be.
Extradition hearing Sept 8 Morning
In the videolink Observation Room
First a comment about the experience of the witness yesterday - a complete shambles: the technology failed, the truncated time to go through his statement (half an hour rather than an hour & a half) resulted
In confusion as Summers tried to moto through it with the witness jumping to other parts of the evidence and the court unable to see him. So it was largely useless. Prof Feldstein is due back this afternoon.
Extradition hearing Sept 7 - afternoon session thread.
Take home from morning session:
The judge has not changed her mind about accepting the new indictment. Julian could have spent more time in jail while his team prepared their defence.
And all non journo monitors barred.
Summers asking for 30 minutes to discuss the implications of her decision with Julian, and to talk to the first witness, a prof in the US about the new arrangement (I presume the truncated time he will have)