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Featured New Events

Global Day of Action for Julian Assange: April 11

Assange supporters Candles4Assange have put together an incredibly helpful list of actions planned for Julian Assange on April 11th around the world, to mark 2 years of his unjust imprisonment. The full Twitter thread is here but we’ve also listed each event by city below. 

Los Angeles

12 noon

CBS building -> Hollywood Blvd -> CNN building

New York City

11am 

UK Consulate (2nd/47th Streets)

See NYC Free Assange for more info/contact

Washington DC

April 10th:

12 noon 

Ecuadorian Embassy (2535 15th St. NW) -> British Embassy

April 11th

12 noon

Department of Justice (950 Pennsylvania Ave)

See Action4Assange for more

Denver

1pm

Speer Blvd & Lincoln St

See Denver Action to Free Assange

Raleigh

1pm

Capitol Building (1E Edenton Street)

Seattle

12 noon

City Hall Park 

See Seattle4Assange

London

11:30am: 3 Hans Crescent (Knightsbridge station)

1pm: Westminster Magistrates’ Court (Baker Street station)

3pm: HMP Belmarsh (Plumstead Station or No. 380 bus)

See bus tour, more info and how to write your MP here

See the Committee to Defend Julian Assange here

Wellington

12 noon

Cuba/Leftbank

7:30am motorway billboard, Hill St

Auckland

12 Noon

US Consulate (23 Customs St. East)

See FreeAssangeNewZealand

Mexico City

12 noon 

Ecuadorian Embassy (Tennyson 217 Polanco)

See AssangeLibre

Toronto

12 noon

US Consulate (360 University Ave)

Frankfurt

1pm

Silent march, Weseler Werft 

See FreeAssangeFrankfurt

Düsseldorf

2-5pm

Bertha Von Suttner Platz (near US & UK consulate

See FreeAssangeEU

Glasgow

2pm 

George Square

Melbourne

6:30pm

Melbourne CBD

Truth Is Out: Street film 4 Freedom of Julian Assange

Categories
Past Events

Journalists, Assange, Press Freedom: The “New York Times Problem” Explained

Speakers:

  • George Freeman—Executive Director, Media Law Resource Center
  • Erin Aubry Kaplan—long-time LA journalist

Moderator:

  • Jim Lafferty, Executive Director Emeritus, National Lawyers Guild,

Featuring exclusive recorded comments from Daniel Ellsberg

Erin Aubry Kaplan is a contributing writer to the New York Times opinion page and a former weekly op-ed columnist for the Los Angeles Times, the first African American in the paper’s history to hold the position. She is the author of “Black Talk, Blue Thoughts and Walking the Color Line: Dispatches From a Black Journalista,” (2011) and “I Heart Obama” (2016).

George Freeman is Executive Director of the Media Law Resource Center. He is a former Assistant General Counsel of the New York Times Company, where he was at the forefront of numerous high-profile cases for the company and its affiliated businesses. He is the William J. Brennan Visiting Professor at the Columbia Journalism School and also teaches at New York University and CUNY’s Graduate School of Journalism. He has led or participated in many media groups and is the founder and Co-chair of the American Bar Association’s Forum on Communications Law annual conference.

Jim Lafferty is the Executive Director Emeritus of the National Lawyers Guild in Los Angeles; and the host of The Lawyers Guild Show on KPFK.

Daniel Ellsberg, a former defense analyst, set in motion a chain of events that led to a landmark Supreme Court ruling that said government efforts to halt publication of the Pentagon Papers represented a prior restraint in violation of the First Amendment freedom of the press.

Categories
Featured Past Events

#FreeAssangeTelethon!

Congressional candidate Jen Perelman and podcaster Katie Halper co-hosted #FreeAssangeTelethon, an all-day livestream event featuring renowned activists, journalists, comedians, and many others highlighting the persecution of Julian Assange and encouraging supporters across the U.S. to call their representatives to demand the DOJ drop the charges. Find a sample phone script for your call to your representative below!

  • 1:30 p.m. EDT: START
  • 1:45-2:00 p.m. EDT: Nathan Fuller of the Assange Defense Committee
  • 2:00-3:00 p.m. EDT: John Kiriakou, Medea Benjamin, and Kevin Gosztola
  • 3:00-4:00 p.m. EDT: Lee Camp, Rania Khalek, and Ron Placone
  • 4:00-5:00 p.m. EDT: Justin Jackson, Kate Willett, and Jordan Chariton
  • 5:00-6:00 p.m. EDT: Norman Solomon, Marjorie Cohn, and Shahid Buttar
  • 6:00-7:00 p.m. EDT: Chris Hedges & Margaret Kimberley

The telethon streamed on Facebook, Twitter, Twitch, and you can replay the full event here:

Throughout the broadcast, the hosts encouraged supporters to let their representatives know that they want the Biden Administration to drop the case against publisher Julian Assange.

Here’s a phone script you can use to call your Congressional representative, Senator, and the Department of Justice:

Categories
Commentary Featured

Sunshine Week Round-up: The new DOJ, Press Freedom, and Julian Assange

March 14-20 is Sunshine Week, an annual celebration of transparency and open government, featuring panel events exploring the public’s right to know, how to protect journalists, and how to improve access to essential information.

This year’s Sunshine Week is a particularly important opportunity to highlight threats to a free press, as the United States has seen a rise in journalist arrests, an erosion of local journalism, and an unprecedented indictment against a publisher.

As Merrick Garland has been confirmed as the new Attorney General, rights groups and journalists alike have been asking how the new Department of Justice will handle press freedom issues, particularly the prosecution of Julian Assange.

ACLU: “Merrick Garland Can Transform the Department of Justice. Will He?”

The free press faced unprecedented attacks under the Trump administration, from Trump calling the press the “enemy of the people” to federal officials targeting journalists at racial justice protests last year. The freedom of the press is fundamental to American democracy, and senators questioning Garland should ask if he will defend freedom of expression and freedom of the press. This includes asking whether he would support a federal journalists’ shield law and if he agrees with Attorney General Holder’s conclusion that whether or not one considers Julian Assange a “journalist,” there is no way to prosecute him for publishing classified information without opening the door to similar prosecutions of important investigative journalism. 

Jameel Jaffer, Knight First Amendment Institute: “The Biden Administration Should Drop the Assange Case”

Of Trump’s many attacks on press freedom, however, it’s his Justice Department’s indictment of Julian Assange that could have the most significant implications over the long term. As I explained here and here, the Justice Department’s indictment of Assange focuses principally on activity that national security journalists engage in “routinely and as a necessary part of their work”—cultivating sources, communicating with them confidentially, soliciting information from them, protecting their identities from disclosure, and publishing classified information. As a result, a successful prosecution of Assange would have far-reaching implications both for national security journalists and for the news organizations that publish their work. This isn’t an accident. It’s likely why the Trump administration filed the indictment, as Jack Goldsmith observed here.

President Joe Biden plainly does not share Trump’s attitude toward the press. But the Assange case will present the Biden administration with an early test. 

Knight First Amendment Institute: “A First Amendment Agenda for the New Administration” 

9. Disclaim the use of the Espionage Act for the prosecution of journalists, sources, and publishers.

Both the Bush and Obama administrations relied on the Espionage Act to prosecute government insiders accused of providing sensitive information to the press. The Trump administration continued this trend, charging six individuals for disclosing information on matters such as possible war crimes committed in Afghanistan, racially discriminatory investigative practices within the FBI, and Russian interference in the 2016 election. It also charged Wikileaks founder Julian Assange under the Act, in the first use of the Act against a publisher. The use of the Espionage Act in these cases raises profound First Amendment concerns and threatens journalism that is crucial to our democracy. The Biden administration should reserve the Espionage Act for cases of classic espionage, and it should affirmatively disavow the use of the Act for the prosecution of journalists, sources, and publishers.

Dan Froomkin, Salon: “Questions for Joe Biden: There’s still so much we don’t know” 

The state of the media

  • One of the country’s major media outlets, Fox News, traffics in outright disinformation and far-right propaganda, arguably even incitement. Most other media outlets, by contrast, respect facts, to a greater or lesser degree. Do you personally see a gulf between Fox and the others? Would you encourage the public to consider them differently? Should the White House?
  • Why is your administration still prosecuting Julian Assange? Did you approve the decision in February to continue seeking his extradition from the U.K.? 
  • Will you pledge not to use the Espionage Act of 1917 to pursue people who leak to journalists?
  • How concerned are you about the decline of local journalism, and what do you think should be done about it?

Lawfare: “Here’s Merrick Garland’s Orientation Memo for the Trump-Era Hangover on Press Freedom” 

…there are several cases where the Trump Justice Department ventured into undiscovered territory. The first category of such cases involves legal actions that are truly unprecedented, while the others are so wrapped up in President Trump’s attacks on the press that one wouldn’t expect to see them but for President Trump himself. 

Julian Assange

With respect to the first category, the clearest example is the Julian Assange spying prosecution. As noted above, recent administrations have expanded the use of federal spying laws, and especially the World War I-era Espionage Act, in attempts to criminalize the disclosure of national defense secrets to the press. Never before, however, has the Justice Department secured an indictment against an individual outside of government based on the mere act of publishing those secrets. But that is exactly what the Trump Justice Department succeeded in doing in the Assange case after the Obama team declined to indict. 

It very much remains to be seen what will happen with the Assange case. In early January 2021, a British court denied an extradition request from the Justice Department, citing a high risk that Assange might kill himself in U.S. custody, but otherwise endorsing the government’s legal theories in the case, including its “pure publication” claims. And there will undoubtedly be some pressure to pursue the case, given that the government has long taken the position, though never in the direct prosecution of a reporter, that the act of disclosing secrets to the public, even by the press, is indeed covered by the Espionage Act. The Justice Department has vowed to continue to pursue extradition and appealed the lower court’s denial in February. 

Whistleblowers Blog: “What Can New AG Merrick Garland Do For Whistleblowers?” 

Garland’s record on whistleblowing as a Federal judge is strong. In 2004 and 2008 he penned opinions that supported or expanded the scope of the False Claims Act, America’s premier whistleblower law. In 1979, Garland served on a DOJ panel and demonstrated a strong understanding of the False Claims Act and its importance as a whistleblower and anti-fraud law. He has also defended strong whistleblower protections against retaliation

In a recent editorial, Whistleblower Network News (WNN) called on Garland to advocate for essential changes to laws that concern whistleblowers, citing issues with the False Claims Act and other more recent laws. The editorial states that the False Claims Act can be further modernized to clarify the contentious “materiality” loophole that has let many companies off the hook. The piece also mentions the 2020 Anti-Money Laundering whistleblower law, which it claims requires serious revision to be effective. While fixing these laws will require cooperation of the legislature, Garland could single-handedly stop whistleblower prosecution under the Espionage Act, an antiquated law that both the Obama and Trump administrations used to stifle government whistleblowing. National Security Agency (NSA) whistleblower Reality Winner and many others still languish in federal prison as a result of what legal experts have said is a gross misuse of the Espionage Act.

 National Law Review: “Message to Judge Garland: Make DOJ the ‘Whistleblower’s Advocate’” 

In a historic speech entitled “The SEC as the Whistleblower’s Advocate,” the then-Chairman of the SEC, Mary Jo White explained the new relationship between the Commission and whistleblowers: “It is past time to stop wringing our hands about whistleblowers. They provide an invaluable public service, and they should be supported. And, we at the SEC increasingly see ourselves as the whistleblower’s advocate.” 

 Congress should demand that the new Attorney General follow this example. Judge Garland has the background and experience to transform the Justice Department’s whistleblower programs. Congress must ensure that this transformation is not delayed. It is time for the next Attorney General to make the Department of Justice the “Whistleblower’s Advocate.” 

Categories
Commentary Featured Press Release

How Will Merrick Garland’s Justice Department Handle the Assange Case?

The U.S. Senate is reportedly on the verge of confirming President Biden’s nominee for Attorney General, Merrick Garland.

The next Attorney General will have a major influence on many important matters, including the fate of the U.S. government’s case against Julian Assange.

Unlike many prominent officials from the Trump administration, Garland hasn’t made any public comments about Assange or the case. But it’s worth looking into Garland’s record and what he’s saying about his nomination for insight on how he’ll handle what has been described as the most important press freedom case in a generation

Garland’s First Amendment Record 

Garland spent 23 years as a federal appellate judge, seven of those as chief judge of the influential D.C. Circuit Court of Appeals. Press freedom groups have delved into his judicial opinions for insights into how he might handle First Amendment issues as Attorney General.

The Reporters Committee for Freedom of the Press found some cause for optimism, noting that Garland “has taken strong stands on First Amendment issues” in a number of cases. Specifically, RCFP notes, Garland defended the media’s right to publish questionably obtained information, supported a stronger reporter’s privilege, and showed a commitment to government transparency in his decisions on FOIA cases.

What happened at Garland’s confirmation hearing?

Garland’s nomination passed the Senate Judiciary Committee last week on a 15-7 vote after a relatively routine process. Press freedom issues were not a major theme of Garland’s confirmation hearing, and the Assange case was not brought up at all, but a few things stood out as potentially relevant to how Garland would act as Attorney General.

Garland testified that he would not allow politics to influence decisions about prosecutions and would resist pressure from the White House. On its face, that’s a welcome change of tone. It was the Trump Justice Department that politicized the Assange case after the Obama DoJ had previously decided that prosecuting Assange would create a “New York Times problem.”

How might this be a cause for concern? We want the Attorney General to ignore political concerns when making prosecutorial decisions, right? Yes. But coming on the heels of the precedent-shattering Trump administration, there are a lot of injustices that need to be undone. Simply letting bad cases play out allows injustice to fester.

Garland’s message here isn’t completely clear. One could interpret Garland’s words as an assurance that he will be independent, and not as an indication that he will allow his prosecutors to unjustly continue bad cases. Or one could extend that logic in the other direction: Garland might give Justice Department attorneys significant leeway to continue their work. He specifically mentioned allowing “ongoing cases” to play out, and attempted to contrast himself with predecessor William Barr’s willingness to intervene in criminal cases.

The Bottom Line

In all likelihood, Garland will be confirmed without ever being directly pressed on the Assange case. So we are unlikely to have clarity on how he’ll handle the matter in the near future.

We should be cautiously optimistic about Garland’s pro-transparency and pro-First Amendment record. And his promise to be independent should count as a plus — if true, it means he would be more resistant to other voices in the administration who might have animosity toward Assange.

There’s reason to believe Garland will arrive at a similar conclusion as former Attorney General Eric Holder — that, as the ACLU notes, “there is no way to prosecute [Julian Assange] for publishing classified information without opening the door to similar prosecutions of important investigative journalism.”

But Garland’s “by-the-book” ethos suggests he will likely defer to staff prosecutors who have already invested significant time and resources into pursuing Assange — at least for the time being. Being a deliberative leader is usually a good thing, but dragging your feet when confronted with manifest injustice isn’t. In this case, Garland might ultimately arrive at the right conclusion, but take his time getting there if he is hesitant to overrule his prosecutors and bring a swift end to Assange’s case. 

In other words, Garland’s deference may trigger the old legal maxim: “justice delayed is justice denied.”

Categories
Past Events

Julian Assange Appeal & the First Amendment

Monday, February 22nd 2021 |   12pm PT / 3pm ET

An online panel discussion on the persecution of Julian Assange. A British judge has recently blocked his extradition from the UK to the US, where he would face unprecedented charges that aim to criminalize basic journalistic activity. The US is appealing that decision, but the indictment against Assange was drawn up during the Trump administration, and the newly elected Biden DOJ should take a new look at the case and drop the charges.

Our panel will gave an overview of Assange’s case, the threat his prosecution poses to the First Amendment, and the latest on his legal proceedings in the UK.

Speakers:

  • Alice Walker: Pulitzer Prize-winning author
  • Mumia Abu-Jamal: political prisoner
  • Nathan Fuller: Director, Courage Foundation
  • Joe Lombardo: National Coordinator, United National Antiwar Coalition (UNAC)

Moderator:

  • Jeff Mackler: Director, The Mobilization to Free Mumia Abu-Jamal/Northern California and Steering Committee, AssangeDefense.org

Categories
Featured Press Release

Will the US appeal Assange’s extradition?

 

On January 4, UK district judge Vanessa Baraitser ruled against the U.S. government’s extradition request. Baraitser’s ruling was not a stunning victory for press freedom — she agreed with most of the U.S. government’s dangerous arguments. But she ruled against extradition because she determined that Assange would be at risk of suicide should he be sent to American prisons. The U.S. has until tomorrow, February 12, to appeal that decision.

But since that ruling, a new president has taken office in the U.S., and that means a new Department of Justice. There are rumblings that the new administration plans to appeal, but the Attorney General, who should break with the politicized nature of the previous administration and make a determination based on the facts, has yet to be confirmed.

President Biden nominated Merrick Garland for that job. Garland is a longtime federal judge, who has taken some solid positions on the First Amendment. Will he take a renewed look at the prosecution and drop the case?

Here’s why he ought to: The Assange case represents the gravest threat to press freedom in a generation. It’s not about Julian Assange as a person. It’s about whether the U.S. government will respect the role journalism plays in democratic life (as a check on powerful institutions), or whether they will take “direct aim at previously sacrosanct protections for the news media.” The indictment “characterizes as a felony many actions that journalists are not just permitted but required to take.”

That’s why the Obama-Biden administration chose not to pursue charges against Assange back in 2013. They called it “the New York Times problem.” They knew that if they went after Assange, it would be a press freedom nightmare.

This did not worry the anti-press folks in the Trump administration. After unsuccessfully trying to force Assange to reveal his sources, they aggressively pursued him — even sending Vice President Mike Pence to pressure the Ecuadorian government to withdraw Assange’s asylum.

President Biden’s Justice Department has an important choice to make. Will the new administration restore sanity and show deference to press freedom and the First Amendment, as President Obama did? Or will it continue President Trump’s dangerous war on journalism?

Stay tuned.

Categories
Past Events

Verdict First, Then the Trial

On January 12, the Los Angeles Branch of the Assange Defense Committee hosted a discussion on the prosecution of Julian Assange within the context of the U.S. history of persecuting political dissidents. Sharon Kyle, publisher of LA Progressive, moderated the discussion with University of Southern California law professor Jody Armour and Thomas Jefferson School of Law professor emerita Marjorie Cohn.

Take action for Assange by joining the Assange Defense Committee, writing letters to your representatives, and sharing our petition.

Categories
Featured Press Release

Press freedom groups call on Biden DOJ to drop Assange charges

Two dozen major human rights and press freedom organizations are calling on the new Department of Justice to drop the charges against Julian Assange. The cosigners have written to Acting Attorney General Monty Wilkinson in a letter warning that “the proceedings against Mr. Assange jeopardize journalism that is crucial to democracy.”

The letter was organized by the Freedom of the Press Foundation and signed by leading rights groups including Amnesty International, the American Civil Liberties Union, Human Rights Watch, and PEN America.

The cosigners write,

“The indictment of Mr. Assange threatens press freedom because much of the conduct described in the indictment is conduct that journalists engage in routinely—and that they must engage in in order to do the work the public needs them to do. Journalists at major news publications regularly speak with sources, ask for clarification or more documentation, and receive and publish documents the government considers secret. In our view, such a precedent in this case could effectively criminalize these common journalistic practices.”

The letter comes just days before the United States’ deadline to appeal the ruling in Julian Assange’s extradition hearing. On January 4, British Judge Vanessa Baraitser blocked Assange’s extradition last month on medical grounds, and the U.S. announced its intent to appeal that decision. It has until February 12 to file its appeal.

The New York Times’ Charlie Savage writes, “The litigation deadline may force the new administration to confront a decision: whether to press on with the Trump-era approach to Mr. Assange, or to instead drop the matter.”

Then-President Trump’s Department of Justice requested Assange’s extradition and indicted him on unprecedented charges for the 2010 publication of the Iraq and Afghan war logs, the State Department cables, and Guantanamo Bay Detainee Assessment Briefs. The indictment threatens Assange with 175 years in prison, and it would mark the end of the First Amendment’s protection of the right to publish. 

But Trump’s outgoing prosecutor Zachary Terwilliger said he wasn’t sure if his successors in President Biden’s Department of Justice would keep up the prosecution. Biden’s nomination for Attorney General, Merrick Garland, is a longtime federal judge who has taken strong positions in favor of robust press freedom. Garland’s confirmation hearing has been delayed.

If the U.S. submits its appeal application in the UK this Friday, a High Court judge will review the submission, decide whether to grant the appeal, and then schedule oral arguments. The rights groups’ write,

“We urge you to drop the appeal of the decision by Judge Vanessa Baraitser of the Westminster Magistrates’ Court to reject the Trump administration’s extradition request. We also urge you to dismiss the underlying indictment.”

The Obama-Biden Justice Department looked into charging Assange back in 2013 for the same publications, but decided against doing so due to the dangers such a prosecution would pose to press freedom.

Categories
Featured Press Release

Julian Assange’s Extradition Appeals Process

Almost immediately upon District Judge Vanessa Baraitster’s ruling that WikiLeaks publisher Julian Assange would not be extradited from the United Kingdom to the United States on medical grounds, lawyers representing the U.S. announced their intent to appeal that decision. Two days later, Judge Baraitser denied Assange’s bail application, meaning he will remain in the freezing cold, COVID-infected maximum-security Belmarsh prison in London as he waits for the appeal process to unfold. That process could take weeks, months, or longer if the U.S. refuses to drop the case altogether. 

Will the U.S. drop the charges?

Despite the prosecution’s declaration of intent to appeal, it’s unclear how much appetite there is in the U.S. for continuing the prosecution. The ruling and notice of appeal came in the final days of the Trump administration, and the day after the verdict, the U.S.’s outgoing lead federal prosecutor Zachary Terwilliger told NPR that he wasn’t sure if the Biden administration would continue to fight for Assange’s extradition.

“It will be very interesting to see what happens with this case,” Terwilliger said. “There’ll be some decisions to be made. Some of this does come down to resources and where you’re going to focus your energies.”

President Biden was Vice President when the Obama administration explicitly decided not to prosecute Assange.

“The problem the department has always had in investigating Julian Assange is there is no way to prosecute him for publishing information without the same theory being applied to journalists,” said former Justice Department spokesman Matthew Miller. “And if you are not going to prosecute journalists for publishing classified information, which the department is not, then there is no way to prosecute Assange.”

Press freedom organizations and newsrooms agree that the prosecution of Assange puts all journalists at risk, by criminalizing basic newsgathering activity as well as the publication of truthful information in the public interest. “Julian Assange’s Indictment Aims at the Heart of the First Amendment,” writes the New York Times editorial board.

Appealing on Medical Grounds

The U.K.’s lawyers (the Crown Prosecution Service, or CPS) representing the U.S. confirmed to reporters that the United States officially filed its intent to appeal the ruling on Friday, January 15. They then have two weeks to file grounds for appeal, notifying the court of the types of arguments they intend to raise later. 

In her verdict, Judge Baraitser ruled that sending Assange to the U.S. would violate Section 91 of the U.K.’s 2003 Extradition Act, which bars extradition if the “physical or mental condition of the person is such that it would be unjust or oppressive to extradite him.”

Medical experts testified throughout the hearing that Assange has Asperger’s syndrome, that he has clinical depression, and that his specific condition and history combined with his prospective treatment in any U.S. prison all create a dangerously high risk of suicide.

Prison experts testified about the types of conditions Assange would likely face if he were extradited. The experts agreed that he would likely be held in solitary confinement, which the U.N. has deemed psychological torture; that he would get an extremely long prison sentence; and that he’d be held under Special Administrative Measures which render a prisoner effectively incommunicado, even further isolating him from his family, friends, and the rest of his support system. 

But even without these additional harsh measures Assange could expect, the mere ordering of his extradition from the U.K. would trigger this suicide risk. “I am as certain as a psychiatrist ever can be that, in the event of imminent extradition, Mr. Assange would indeed find a way to commit suicide,” testified Dr. Michael Kopelman. 

High Court

Once the U.S. files its grounds for appeal, Assange’s defense team has 10 days to respond to that filing. These appeal submissions are then sent to a single High Court judge, who must decide whether the grounds are reasonably arguable and therefore whether to grant permission to appeal. If the judge rules to allow the appeal, the case is then scheduled to be heard by the High Court, a panel of two judges.

If the High Court refuses to hear the appeal, which is rare, it will be the end of the road for the United States and Julian will be released. If the High Court allows the appeal, a date for an oral hearing will be set.

It is at the High Court stage where Courage Foundation beneficiary Lauri Love, a U.K. national accused of computer crimes in the U.S., successfully defeated an extradition request from the United States. In Love’s case, whose appeal Judge Baraitser referred to in her own ruling, the District Judge ruled he should be extradited, but on appeal, the High Court ruled that the United States could not guarantee adequate mental health care in its prison system and Love, who (like Julian) has Asperger’s syndrome, could not be protected from the high risk of suicide. 

Potential further appeals

If the case were successfully appealed beyond the High Court, it could theoretically (though not automatically) be sent up to the U.K.’s Supreme Court and even higher to the European Court of Human Rights. 

While these proceedings take place in the United Kingdom, Assange is only detained and at risk because of the U.S.’s prosecution, and the new Justice Department could simply drop the indictment and extradition request at any time.

Categories
Featured Press Release

Rights groups react to Assange verdict

Press freedom, human rights, free speech, and digital privacy organizations have been sounding the alarm over the prosecution and attempted extradition of WikiLeaks founder Julian Assange ever since his arrest in April 2019. Now a district court judge in London has ruled against extraditing him from the United Kingdom to the United States purely on medical grounds, while accepting nearly all of the U.S.’s dangerous arguments that would criminalize basic journalistic activity — the very arguments these rights groups have warned about. Just two days later, the same judge denied bail for Assange, so he remains in British custody as the U.S. appeals the verdict.

Amnesty International

On the extradition ruling:

We welcome the fact that Julian Assange will not be sent to the USA, but this does not absolve the UK from having engaged in this politically-motivated process at the behest of the USA and putting media freedom and freedom of expression on trial.

On the subsequent denial of bail for Assange:

“Today’s decision to refuse Julian Assange’s bail application renders his ongoing detention ‘arbitrary’, and compounds the fact that he has endured punishing conditions in high security detention at Belmarsh prison for more than a year,” said Nils Muižnieks, Amnesty International’s Europe Director.

“Rather than finally going home with his loved ones and sleeping in his own bed for the first time in almost ten years, Julian Assange will be driven back to his solitary cell in a high security prison.”

Knight First Amendment Institute of Columbia

Jameel Jaffer, Executive Director:

“This is a victory for Assange, but it’s not an uncomplicated victory for press freedom. The court makes clear that it would have granted the U.S. extradition request if not for concerns about Assange’s mental health, and about the severe conditions in which the U.S. would likely imprison him. In other words, the court endorses the U.S. prosecution even as it rejects the U.S. extradition request. The result is that the U.S. indictment of Assange will continue to cast a dark shadow over investigative journalism. Of particular concern are the indictment’s counts that focus on pure publication—the counts that charge Assange with having violated the Espionage Act merely by publishing classified secrets. Those counts are an unprecedented attack on press freedom, one calculated to deter journalists and publishers from exercising rights that the First Amendment should be understood to protect.”

Freedom of the Press Foundation

Executive director Trevor Timm:

Today’s ruling is a huge sigh of relief for anyone who cares about press freedom. While the judge’s opinion contains many worrying assertions that disregard journalists’ rights, her rejection of the Trump administration’s extradition request means the US government likely won’t be able to obtain any precedent that would criminalize common newsgathering and publishing practices. And that is a very good thing.

American Civil Liberties Union

Ben Wizner, director of the speech, privacy and technology project:

“National security investigative journalism in the crosshairs. The job of an investigative journalist is to publish government secrets,” Ben Wizner, the director of the speech, privacy and technology project at the American Civil Liberties Union, said.

“I think what hasn’t gotten enough attention is this idea that the US secrecy laws can bind foreign journalists and publishers,” Wizner added. “That’s a very, very dangerous precedent. I hope that this court’s decision on the charges doesn’t become the decision that people look to in future cases.”

Electronic Frontier Foundation

Executive Director Cindy Cohn:

“We are relieved that District Judge Vanessa Baraitser made the right decision to reject extradition of Mr. Assange and, despite the U.S. government’s initial statement, we hope that the U.S. does not appeal that decision. The UK court decision means that Assange will not face charges in the United States, which could have set dangerous precedent in two ways. First, it could call into question many of the journalistic practices that writers at the New York Times, the Washington Post, Fox News, and other publications engage in every day to ensure that the American people stay informed about the operations of their government. Investigative journalism—including seeking, analyzing and publishing leaked government documents, especially those revealing abuses—has a vital role in holding the U.S. government to account. It is, and must remain, strongly protected by the First Amendment. Second, the prosecution, and the judge’s decision, embraces a theory of computer crime that is overly broad — essentially criminalizing a journalist for discussing and offering help with basic computer activities like use of rainbow tables and scripts based on wget, that are regularly used in computer security and elsewhere.

While we applaud this decision, it does not erase the many years Assange has been dogged by prosecution, detainment, and intimidation for his journalistic work. It also does not erase the government’s arguments that, as in so many other cases, attempts to cast a criminal pall over routine actions because they were done with a computer. We are still reviewing the judge’s opinion and expect to have additional thoughts once we’ve completed our analysis.”

Categories
Past Events

The Trial of Julian Assange and its Implications for Press Freedom

Sunday, January 17th 2021 |   11:00am CST/ 12:00pm EST

Hosted by the First Unitarian Society of Milwaukee

Speakers:

  • Nils Melzer–United Nations Special Rapporteur on Torture
  • Ray McGovern–former, longtime CIA Russia analyst, presidential daily briefer, and co-founder of Veteran Intelligence Professionals for Sanity (VIPS)

Moderator:

  • Ann Batiza–Milwaukee Branch of the Assange Defense Committee

Nils Melzerthe UN Special Rapporteur on Torture; and Ray McGovern, former CIA Russia analyst, presidential daily briefer for George H.W. Bush and current peace activist (who is growing his beard in solidarity with Julian Assange), discussed the unprecedented extradition trial of Walkley-award-winning publisher and seven times (including 2020) nominee for the Nobel Peace Prize, Julian Assange. Notably, Mr. Assange said, “If wars can be started by lies, peace can be started by truth.”Amnesty International, the ACLURebecca Vincent of Reporters without BordersLaura Poitras writing in the New York TimesBarton Gellman writing in the Guardian, Alan Rusbridger former editor of the Guardian, Glenn Greenwald now on Substackeditor Marty Baron of the Washington Post and editor-in-chief Dean Baquet of the New York Times have all described the threat to press freedom posed by this extradition trial.  It is time that the public also understood what was at stake.

Categories
Press Release

Verdict First, Then the Trial: 1st Amendment, Political Prisoners, Assange Extradition

Tuesday, January 12th 2021 |   5pm PT / 8pmET
Online Event: Register here

Hosted by the Los Angeles Branch of the Assange Defense Committee

Speakers:

  • Jody Armour—Roy P. Crocker Professor of Law, University of Southern California, and author of N*gga Theory: Race, Language, Unequal Justice, and the Law
  • Marjorie Cohn—Professor Emerita, Thomas Jefferson School of Law; Past President, National Lawyers Guild; and editor and contributor to Cowboy Republic: Six Ways the Bush Gang Has Defied the Law

Moderator:

  • Sharon Kyle, LA Progressive

Julian Assange, founder of the international nonprofit WikiLeaks, awaits an extradition decision scheduled for January 4th in the United Kingdom. Much hangs in the balance with this decision—not just for Assange’s potential trial and possible conviction and incarceration in the United States, but for freedom of the press and transparency activists everywhere.

On January 12, the Los Angeles Branch of the Assange Defense Committee (AssangeDefense.org) will host a discussion on this issue with University of Southern California law professor, Jody Armour, and Thomas Jefferson School of Law professor emerita, Marjorie Cohn, moderated by Sharon Kyle, publisher of the LA Progressive.

If British courts send Assange to face U.S. prosecutors, no journalist and indeed no one can feel safe calling authority to account. America’s much-vaunted First Amendment rights hang in the lurch.

Our discussion—“Verdict First, Then the Trial”—centers on the cost of transparency activism, who bears it, and when. Our discussion will also address the broader issue of America’s dismal record on political prisoners.

As Assange’s partner, Stella Moris, recently told supporters, “This case is already chilling press freedom. It is a frontal assault on journalism, on the public’s right to know, and on our ability to hold the powerful to account.”

Register here

Categories
Featured Hearing Coverage

Judge denies bail for Julian Assange

Two days after blocking Julian Assange’s extradition to the United States, District Judge Vanessa Baraitser has denied Assange’s bail application, keeping him in custody at HMP Belmarsh while the U.S. appeals the decision. 

Lawyers for Assange today argued to release Assange immediately, saying he would accept stringent conditions including house arrest. Defense lawyer Ed Fitzgerald said the “natural consequences” of the judge’s ruling on Monday, which ordered Assange’s discharge, “must be that he regains his liberty, at least conditionally.”

Fitzgerald argued that since October 2019, Assange has been detained solely on the basis of the U.S. extradition request. Now that the judge has ruled against extradition, there is no more reason to keep him in prison. Fitzgerald noted that outgoing U.S. prosecutor Zachary Terwilliger, reacting to the blocking of Assange’s extradition, told the press yesterday that he wasn’t even sure if the incoming Biden administration intends to continue its prosecution of Assange. 

“It will be very interesting to see what happens with this case,” Terwilliger said. “There’ll be some decisions to be made. Some of this does come down to resources and where you’re going to focus your energies.”

Fitzgerald also argued that Assange must be released for his own safety. Belmarsh has seen a spike in COVID19 cases in December, and a fellow inmate has recently committed suicide. 

Finally, Fitzgerald said Assange should be freed for “broader reasons of humanity,” to finally be allowed physical contact with his family—his partner and their two young children. 

Prosecutor Clair Dobbin, acting for the U.S., said that the denial of Assange’s extradition, based on mental health grounds — the judge ruled it would be unjust and oppressive” to extradite Assange due to the high risk of suicide — “hangs by a single thread.” Dobbin said that Assange’s seeking of asylum in the Ecuadorian Embassy in London shows his determination to avoid U.S. extradition, and she noted WikiLeaks’ assistance of whistleblower Edward Snowden as he sought asylum after disclosing NSA documents to journalists.

Judge Baraitser ruled that because the U.S. has signaled its intent to appeal the case, “As far as Mr Assange is concerned, this case is not yet resolved.” She noted Assange has previously shown willingness to “abscond”, and said she finds the conditions at Belmarsh “bear no resemblance” to those she found he would endure if sent to the United States. The judge denied Assange’s bail application and proceedings concluded.

The United States now has 13 more days to formally submit its appeal of the extradition decision, and the U.K.’s High Court will decide whether to hear the case.

Categories
Past Events

The Assange Case: What Next?

Thursday, January 7th 2021 |   7pm GMT

A roundtable discussion hosted by Stop the War Coalition

Speakers:

  • Tariq Ali
  • Apsana Begum MP
  • Jeremy Corbyn MP
  • John Rees
  • John Pilger

2021 is off to a dramatic start with the excellent news that the extradition of Julian Assange to the United States has been rejected by a judge at the Old Bailey.

This is a hard fought victory for the campaigners and activists who have worked tirelessly for Assange’s release and congratulations is due to everyone involved.

But the fight does not end here as the US will appeal and it is up to us to demand his immediate release from Belmarsh Prison.

Categories
Featured

Judge blocks extradition of Julian Assange, finding that abusive U.S. prison system wouldn’t protect him from suicide

An amazing day for Julian, but the judge’s ruling is extremely ominous for press freedom

LONDON — January 4, 2021

A British magistrate today ruled against the U.S. government’s request to extradite WikiLeaks founder Julian Assange for his reporting of leaks from U.S. Army whistleblower Chelsea Manning.

Judge Vanessa Baraitser began today’s hearing by spending more than half an hour rejecting Julian’s arguments and siding with the United States on virtually every aspect of the case. Then, in a shocking turn of events, Baraitser agreed with the defense team’s arguments regarding his mental health and the cruelty of the U.S. prison system. In particular, Baraitser ruled that it would be unjust to subject Julian to “Special Administrative Measures,” which would likely result in his suicide.

The ruling is a mixed blessing. WikiLeaks editor-in-chief Kristinn Hrafnsson said “It is a win for Julian Assange, but it is not necessarily a win for journalism.” Despite ultimately ruling against extradition, Baraitser’s other findings raise serious concerns about the future of press freedom. 

Assange’s partner, Stella Moris, spoke outside the courtroom following the ruling. Stella says that she has longed for Julian to return home, and while that day isn’t today, “that day will come soon.” She said that it is concerning that the U.S. has said it will appeal and that it hasn’t withdrawn the indictment. “We will never accept that journalism is a crime, in this country or any other,” she said. “Julian’s freedom is coupled to all our freedoms.”

Among Baraitser’s more ominous findings:

  • Assange’s conduct “went beyond that of a journalist”
  • The release of unredacted diplomatic cables was “indiscriminate”
  • There was insufficient evidence that the charges were “pressurized” by the Trump Administration and instead showed healthy internal debate.
  • The UK Extradition Act should take precedence over the U.S.-UK Extradition Treaty, and the former removed the clause barring extradition for political offenses.
  • The charges against Assange in the U.S. would be considered offenses in the UK.
  • Challenges of the U.S. prosecution’s “overbroadness” and “vagueness” should be made in a U.S. court, not adjudicated in the UK. The judge found no reason to think Assange wouldn’t have constitutional rights when tried in the U.S. — despite ample evidence that the U.S. intends to argue that the Assange lacks First Amendment rights. Baraitser ruled that: “This court trusts that a U.S. court will properly consider Mr Assange’s constitutional right to free speech.”

The judge’s ruling calls for Julian to be immediately “discharged.” The U.S. government immediately requested that Julian be kept in custody while they appeal; the defense requested his immediate release. After a recess, the court reconvened and scheduled a bail hearing for Wednesday, Jan. 6. Julian will remain at HMP Belmarsh until that time.

Categories
Featured Hearing Coverage

Julian Assange Extradition hearing: District Court Ruling

January 4, 2021

Judge blocks the extradition of Julian Assange to the United States, ruling the abusive U.S. prison system could not protect him from suicide

In a ruling in which she accepted nearly every argument from U.S. government, Judge Vanessa Baraitser agreed with the defense’s claims that the U.S. prison conditions Assange would face if he were extradited, including solitary confinement, Special Administrative Measures, and extreme restrictions at ADX Florence, would drive Assange to suicide. She ruled it would therefore be unjust to extradite Assange to the U.S. and ordered his release. 

The U.S. will appeal the decision.

Judge Baraitser summarized her lengthy opinion and the arguments at issue, siding with the prosecution at virtually every step, upholding dangerous arguments that would undermine the First Amendment protections of a free press. The judge ruled:

  • The U.K. Extradition Act should take precedence over the U.S.-U.K. Extradition Treaty, and the former removed the clause barring extradition for political offenses
  • The charges against Assange in the U.S. would be considered offenses in the U.S.
  • Assange’s conduct “went beyond that of a journalist” in agreeing to help Chelsea Manning crack a password and in telling her that “curious eyes never run dry,” encouraging her to leak more files
  • The release of unredacted cables was “indiscriminate”
  • Defense arguments about Assange’s political opinions were “extraneous”
  • There was insufficient evidence that the charges were “pressurized” by the Trump Administration and instead showed healthy internal debate
  • Though the intelligence community has harshly criticized WikiLeaks, it doesn’t speak for the administration 
  • It isn’t the UK court’s place to comment on the case of UC Global spying on Assange in the Ecuadorian Embassy, as it doesn’t have access to court documents in the case against UC Global in Spain
  • Assange’s prospective jury pool in the Eastern District of Virginia would come from a large county, can’t prove it would only be ex-national security and ex-military officials
  • Challenges of the U.S. prosecution’s “overbroadness” and “vagueness” should be made in a U.S. court, not adjudicated here, no reason to think Assange wouldn’t have constitutional rights when tried in the U.S. — “This court trusts that a US court will properly consider Mr Assange’s constitutional right to free speech”
  • On whether it would be oppressive to extradite: I accepted Prof Kopelman opinion that Mr Assange suffers from a recurrent depressive disorder, that Assange has suicidal ideation, and would be ‘single-minded’ in attempt to end his life
  • Potential conditions in a US prison: CIA views Assange as hostile, still a security risk; Assange likely to be sent to ADX Florence, would be held in serious isolation
  • The purpose of Special Administrative Measures is to minimize communications, and prisoners have extreme limitations. These conditions were considered by all experts to have deleterious impact on Assange’s mental health
  • Mr Assange has the intellect and determination to follow through with suicidal ideation
  • Therefore I rule it would be unjust to extradite Mr Assange. The US has the right to appeal.

The judge has ruled Assange should be discharged. The U.S. government asks for him to be kept in custody while they appeal; the defense requests his immediate release.

Defense lawyer Ed Fitzgerald said that the judgement itself, ruling Assange should be discharged, constitutes the strongest grounds for granting bail. However he said the defense would like to put all of its arguments forward, including the deleterious conditions in Belmarsh prison, so the defense needs time to put together the formal bail application. Court is adjourned until Wednesday 10am GMT for the full bail application. Assange will be physically produced then and will be kept in HMP Belmarsh until then.


  • See our full extradition hearing coverage here, with daily reports from the courtroom.
  • See a guide to testimony here, from experts on the history of journalism to doctors who examined Assange.
  • See an overview of the legal case here, summarizing the main arguments the judge considered.
Categories
Past Events

NYC Free Assange Rally & Press Conference

Sunday, Jan. 3 | 11am at the UK Consulate in New York City, a series of speakers on the impending ruling in Julian Assange’s extradition case

Speakers: Nellie Bailey, Cliff D. Conner, Randy Credico, Kim Ives

Categories
Press Release

Assange’s Call to the State Department

Audio & transcript of WikiLeaks publisher Julian Assange’s call to the U.S. State Department in 2011, warning of the impending public release of unredacted diplomatic cables.

75 Minute call to US State Department – Transcript

26 August 2011

  • Julian Assange
  • Sarah Harrison
  • Chad Thornberry
  • Cliff Johnson

Sarah Harrison

Hello?

Chad Thornberry

Hello is this Miss Harrison?

Sarah Harrison

Speaking.

Chad Thornberry

Hi Miss Harrison this is Chad Thornberry from the State Department Operation Center we spoke yesterday.

Sarah Harrison

Oh yes how are you today.

Chad Thornberry

I’m doing well thank you how are you.

Sarah Harrison

Very good thank you.

Chad Thornberry

Miss Harrison, if Mr Assange is available I have one of the secretary’s lawyers on the line who has been asked to return the call on the Department of State’s behalf.

Sarah Harrison

OK, could I take his name please?

Chad Thornberry

His name is Cliff Johnson.

Sarah Harrison

Cliff Johnson, and he’s a lawyer for the Secretary of State did you say?

Chad Thornberry

Yeah, he’s one of the lawyers here at the Department of State.

Sarah Harrison

OK, one moment please.

Chad Thornberry

OK.

Sarah Harrison

[whispered] It’s the lawyer of the Department of the Secretary of State [inaudible] Cliff Johnson, Cliff.

Julian Assange

G’day Cliff.

Chad Thornberry

Hello Mr Assange, this is Chad Thornberry from the Operations Center I’m going to bring Mr Johnson to the line now OK.

Julian Assange

OK thank you.

Chad Thornberry

Introducing Mr Cliff Johnson to the call.

Cliff Johnson

Mr Assange hello it’s Cliff Johnson.

Julian Assange

G’day Cliff, thank you for calling back.

Cliff Johnson

Certainly.

Julian Assange

Have you been briefed?

Cliff Johnson

I believe so. We had understood that you and perhaps Sarah had been trying to reach out but to the Department and some calls put into Embassy London, and I’ve been asked to get back to you with respect to those calls.

Julian Assange

Yes, so the situation is that we have intelligence that the State Department Database Archive of 250,000 diplomatic cables including declassified cables is being spread around and is to the degree that we believe that within the next few days it will become public and we’re not sure but the timing could be imminently or within the next few days to a week. And there may be some possibility to stop it.

Cliff Johnson

And who would be releasing these cables? Is this WikiLeaks?

Julian Assange

No, we would not be releasing them, we are doing our usual thing of continuing on with our redaction plan, but we have in the past 24 hours released a some 100,000 unclassified cables as an attempt to head off the incentives for others to release the entire archive, but I believe that nonetheless while we may have delayed things a little by doing that they will do so unless attempts are made to stop them. We have already engaged in some legal attempts to get them to stop but I think that it will not be enough.

Cliff Johnson

Mr Assange, who is this, who are these other people.

Julian Assange

This is Daniel Domscheit-Berg, a previous employee who we suspended last August.

Cliff Johnson

And he apparently has access to the material that Wikileaks also has?

Julian Assange

Yes that is correct?

Cliff Johnson

And he has access to everything you have is that right?

Julian Assange

That’s correct.

Cliff Johnson

OK. And that includes classified as well as unclassified cables.

Julian Assange

That’s correct.

Cliff Johnson

So your organization, the recent release of the 100,000 cables that I think were unclassified, that was something that you guys had done but what you’re indicated now is that a broader group of classified ones might be released by this other entity.

Julian Assange

Yes it was in part we have had a program to go through the cables and release them as we can and as the journalism is done so part of that is a natural progression I mean our release schedule. But we have moved forward the unclassified released schedule very significantly in order to deal with this situation whether there is a high demand for the cables and there is an individual who is spreading them around and the particular manner in which they’re being spread means that sort of a greatly increased number of people receiving access to them and we believe that it’s only moments to days until the information is made public which would permit everyone to have access to them. And there are some key details some, there are two key pieces of information which if combined together are enough to give people anyone access to the material. So an encryption key and another piece of information. And this is what has been spread around. And that is why the situation is so delicate because it is extremely easy to spread that information, we have already received it back from at least two relatively minor newspapers, one in Germany and one in Denmark.

Cliff Johnson

Does anybody else besides this group also have access to this same material or at this stage is it just them.

Julian Assange

At this stage we are only aware of other than this group newspapers having access to it. Although of course one might have certain suspicions based upon the demand. But at this stage the only, what one could speculate on intelligence activity but I will not do that, but as far as things that are not matters of speculation we only know of this individual attempting to spread this information around.

Cliff Johnson

And how did that individual get access to it?

Julian Assange

For legal reasons I don’t want to go into the specifics but they were an employee of WikiLeaks last year. We suspended them in August last year and they took a variety of materials and funds with them. They were a rogue, if you like, from our perspective.

Cliff Johnson

I see. And in terms of what they took does that mean that they now have the ability themselves without your control or authorization to make this as available as they want? Is this now entirely under their control?

Julian Assange

That’s correct. They have been doing that for some time, however, in order to sort of gain benefit with various media organizations they wish to collaborate with, and that hasn’t been such a concern to us previously, but the manner in which it is being done now, we believe will lead to imminent release within the week and possibly within the hour to the general public. And at the moment presently within the I suppose, not quite public but within a rather wide journalism or other groups, activist groups in general.

Cliff Johnson

In other words your sense is that they’re trying to reach out to these other media or activist groups themselves to coordinate some sort of release, or?

Julian Assange

I wouldn’t say it’s coordinating a release, rather it is spreading information in such a form, the motivation is to, is to embarrass us, to, and destroy our exclusivity as severely as possible. And the best way to do that is to make the information completely public, and en masse, instead of in an ordered way, and that is what is being done.

Cliff Johnson

And have you made any efforts to try to stop them, or are you…?

Julian Assange

Yes, we have written legal demands to them through our German lawyers and to, and asked the, one of the publications Freitag, who was given them in this manner, to not publicly reveal the key information that would permit them to spread, those publications have been swapping the key information over unencrypted email, which they sent to us, in researching their story, and they’ve made that a story, and also in Denmark it’s been printed, and I would suspect that within the next 24 hours Reuters or a similar news wire will also, if not directly mention the details will mention the factual side. What we want the State Department to do is to step up its warning procedures which it was engaged in earlier in the year, like last year, to a State Department sources to mention it in the cables. I assume but am not sure that all of those individuals at the State Department at risk in despotic regimes have been contacted and certainly they’ve had because of the press significant warning that this sort of thing was coming, but in case they are any individuals who haven’t been warned that they should be warned. Insofar as the State Department can impress upon people within Germany to encourage them to desist that behavior that would be helpful.

Cliff Johnson

And my understanding is that the legal actions you’ve initiated have been in Germany, you don’t have any lawyers in the US, or there’s nothing legal happening on the US side is that right?

Julian Assange

In the US side there’s no point because the individual concerned is in Germany. As far as the law is concerned we do not have standing to initiate such action because the material does not belong to us, and we would be one of its, neither could we say that we were directly harmed by its release, we could only say that we would be reputationally, indirectly, harmed, so it is very difficult for us to take legal action in court. We have issued demands to the individual concerned, legally, but we do not have legal ability, standing to initiate a legal action itself.

Cliff Johnson

OK. And do you have direct contact with this individual, or you’re learning about this from the media circling back to you?

Julian Assange

We’re learning about this from the media circling back to us from Germany and Denmark contacting us from what they had said publicly, publication, yesterday, and we have learned about it from our own sources where this individual has been spreading this information to them and to others and has been inviting over 111 people in Germany on a mailing list to contact him to receive these details.

Cliff Johnson

And by the details, am I right that these are the encryption keys that would…

Julian Assange

That’s correct.

Cliff Johnson

Sort of, and it would permit access to the complete unredacted forms of the materials?

Julian Assange

That’s correct.

Cliff Johnson

I see.

Julian Assange

So the material, there is an encrypted version of the materials on the web somewhere, that we do not control. Probably in a rather, number of places, rather, to make sure they don’t disappear, which is fine, because the encryption is strong, but it’s the, the encryption key and the location of the material are the only two things that need to be disclosed. And so that is information that could spread extremely quickly. One doesn’t actually need to convey the material itself, one only needs to convey the location of the material, and its encryption key.

Cliff Johnson

And you believe that this other group is motivated not just to establish some kind of relationship with the media and go about sort of a release of the cables but that they’re also interested in more broadly making the key available on the web as a whole which would give access presumably to anybody?

Julian Assange

That is correct. We can see by their actions they are inviting many people including people not from the media to approach them to get the key. And the level of people is now such that we believe it will very quickly spread outside the media; it has already spread to media such as a computer journal in Denmark, so it has already spread outside investigative journalists.

Cliff Johnson

So it sounds like now that you’ve lost control of this material that [inaudible] that either you or anybody else can do to stop it, unless I guess you’re successful in the legal proceedings in Germany.

Julian Assange

I think it is only, we may be able to slow it down a little.

Cliff Johnson

Oh.

Julian Assange

I do not think it is possible to stop, I think, it may be possible to slow it down, the number of people who have apparently been given access by this individual in Germany that we suspended last year now, I think is at a critical mass. But perhaps it can be slowed down a little bit and during that time anyone who needs to be informed, any say human rights workers who haven’t already been informed who are in contact with US embassies will be informed.

Cliff Johnson

I mean I will certainly pass that message, I mean obviously if we’re talking about a release which you indicated could be happening in an uncontrolled way within 24 hours, there’s real limitations on the ability to do steps beyond what’s been done, and…

Julian Assange

Yes I can see that, but I don’t know that it will be 24 hours. We have been trying to suck the oxygen out of the market demand by releasing all the unclassified cables and that is distracting a bit from market demand but my strong suspicion is once that distraction disappears which will be within the next few days the market demand will just like any demand for an interesting rumor will cause that information to spread, just like interesting rumors do spread.

Cliff Johnson

What do you think the motivation, with this individual having previously been part of your organization what do you think is their motivation at this stage and how does that differ from WikiLeaks’ own motivations with these releases?

Julian Assange

Their motivation appears to be competitive to us, so, because, the information has news value to us, they have started a competing organization although it hasn’t published anything yet, but, so their motivation is to compromise our reputation as much as possible.

Cliff Johnson

I guess from, I mean from the State Department’s perspective, it sounds like, what we’re dealing with is another WikiLeaks in a sense. I mean that they’re…

Julian Assange

Well, it is, they won’t actually be publishing it you see, so it’s not like they’re actually standing up and saying we believe in what we’re doing and it has value to historic record and value to potential political reform, they’re doing it under the surface. There’s no attempt at redaction program and no attempt at harm minimization.

Cliff Johnson

I’m not at all a computer or an encryption expert but am I right that this encryption key issue, it has two parts and they have both of them or it’s a single key or…

Julian Assange

There is the location of the file on the internet, or rather, locations, there are several locations, and the key, which decrypts the file. One needs both of these pieces of information. The key has been disclosed, a violation of our agreements, by a mainstream media organization

Cliff Johnson

Disclosed to who?

Julian Assange

Disclosed to the public, but I won’t mention other details because it will enable anyone listening to the call to know how to get it. But the public doesn’t know that that key is meaningful. All one needs to do, the information that is being spread is the meaning of that disclosure, by that mainstream media organization, together with the location of the file.

Cliff Johnson

I see. So the key is out there but it was out there before in a way that people might not know

Julian Assange

Yes, they definitely would not know the key to the particular file that exists presently.

Cliff Johnson

Isn’t this something that you can change? The key or the location of the files?

Julian Assange

No, because the files, we do not control. There are not so many, perhaps 5 locations, although we haven’t researched for all of them. But we do not control these encrypted files, other people have placed them there as backups, to prevent censorship, without knowing that this particular file is included in their collections.

Cliff Johnson

But these different locations where the files were… Weren’t those ones that WikiLeaks had placed earlier? Although you retained the key but now what has changed is…

Julian Assange

No, the key, we had some others that we used to prevent censorship of our up and coming publications.

Cliff Johnson

And you still retain control over those?

Julian Assange

We don’t retain control over the files but we retain control of the key, so that is not a problem for those and they’re working the way that they’re meant to, that is the encrypted information is very widely distributed but uses top secret ciphers and a key that is retained by us and not known to others. So they’re alright, it’s just this one particular file.

Cliff Johnson

OK. And I guess you’d mentioned these new 5 locations, those locations were recently created or is this something that has been out there for a while?

Julian Assange

I’m not sure how these came to be, they appear to have been out there for a few months, they weren’t there last year, but they retain collections of a number of files we have released, maybe several thousands of files that we have released, and this file is one that is included in those several thousands of files, so unless you know to look for which particular collection and which particular file then the information is hidden, but if you know the precise file location and you know the key then that is an option. And that is the information that is being deliberately spread.

Cliff Johnson

Doesn’t it… I mean I guess I’m just trying to think as you are what their next steps or motivations might be, but why would it be in their interest to make all of this available worldwide to everybody if part of what they’re trying to do is position themselves as an organization that has control of the material.

Julian Assange

Ah, because they understand that we and others already have that material, and it is a reputational asset for us to gradually roll it out in a safe way. And we are the organization that is most strongly associated reputationally with the material. And the current attack that is being used is that we cannot keep control of our own materials, and therefore we are an insecure organization and therefore sources can’t give us material. And the best way to demonstrate that is this current approach which is to hand over the material to various organizations and spread these two pieces of information and when the material all becomes public, that will permit the attack, the reputational attack, to say that we had put people in harm by permitting such information to become public in unredacted form to the public.

Cliff Johnson

OK, I understand.

Julian Assange

So without that information spreading, at least for us it was secure. There are certain views about what certain handling procedures of some of the mainstream media organizations has been a violation of our agreement, that they not store it on any internet-connected computer, The Guardian for instance. But we don’t have any proof that information has been smuggled out by any third parties, from those media organizations. But from this particular case we can see it going, that invitations are being made to collect the key and the location from this individual and it is being rapidly spread to very minor media players together with this particular story. So it is not just to give them the information, it is also to give them the statement that we are an insecure harmful organization, as proven by the information this individual is conveying to them. So it’s actually a rather sophisticated spin. But because we’ve been seeing this develop behind the scenes for about a month now we can see what it’s motivated by.

Cliff Johnson

Well I appreciate your thoughts on that and I appreciate that you’ve recognized that these kinds of releases absolutely can pose a threat to the very sources reflected in the material, and I think without belaboring the point I think you know from the statements our government has made the grave concerns we’ve had with this kind of dissemination and the potential for it, and the fact that this material has now spread farther, obviously, and I share your concerns here, just exacerbates the concerns that we had originally with the danger it can pose – is there other material that WikiLeaks has that these groups do not have, or that similarly could be compromised?

Julian Assange

There are some possibilities, but I would have to think carefully about that. At the moment I am only dealing with this particular issue.

Cliff Johnson

OK. Cause I think, particularly in light of this latest chapter, I think that’s worth considering because…

Julian Assange

We have tremendously, we have undergone a lot of internal changes as a result of this insider last August but I have to say from our perspective a lot of this happened as a result of the overbearing pressure by the United States; if the United States, the State Department had responded to our overtures to meet and discuss the matter, and not made such threatening statements that put the safety of our individuals, our employees at risk, we would have been able to manage the internal dynamics a lot better, and so, this is an example of when you push people into a corner, they stop behaving in a step-by-step methodical manner, because of the threats that they are under. If it hadn’t been for those sorts of threats, the internal stability of our organization would be more coherent and we wouldn’t have had to suspend this individual.

Cliff Johnson

Well, I don’t know how productive it is to go back to that stage but truly you can understand when the department is confronted with a situation where very sensitive national security material is being compromised, at risk and at threat to national interests as well as individuals, that it would be understandable that we would react to that and take…

Julian Assange

I understand of course there’s the pressures, but we had a publication scheduled that was not going to be until January and everything would be much more ordered and the newspapers as a result of the pressure that they were feeling decided to rush that forwards against our wishes, to November 4, and we had to take legal action to get it extended to November 29, so just for your own information and how the State Department may handle such a similar situation in the future, if you can’t actually stop someone from publication, if you threaten them legally, although it’s not only the State Department who’s at fault here, the Pentagon made a 40 minute press conference threatening the organization and me personally, with various measures, the result is that people feel that they must publish or perish, that they must act extremely quickly within the threats that are made towards them.

Cliff Johnson

But Mr Assange does this suggest that your efforts in Germany to pursue litigation and pressure against this group will result in their doing exactly what you just laid out and accelerating the release and doing it in this uncontrolled way.

Julian Assange

I don’t think so because their motivations are different, their motivations are to keep their own reputation and to damage us, their motivations are as far as I can determine and other people who are involved can determine are not higher than that. We have been involved in 11 months of negotiation with them through a mediator, so it is not like we have rushed him into pushing him to do something, this has been 11 months of negotiation.

Cliff Johnson

And with a mediator, is that a kind of process where if the mediator decides a certain way they would be bound to proceeding accordingly, or do you feel that that process has run its course and…

Julian Assange

The mediator pulled out about 2 weeks ago because of the amount of lies that were being made by this individual, so they said they would return the information, return the information, made many promises, and it was eventually viewed by the mediator that the mediation was impossible under those circumstances so they pulled out.

Cliff Johnson

From your knowledge of this individual do you see any path for persuading them not to proceed do they seem intended to proceed, or?

Julian Assange

Well they’re proceeding under the surface, so they have a cover for what they are doing, they are proud of what they are doing. They are not admitting that they are spreading information this way but we know and it is abundantly apparent to anyone who reads even the public newspaper stories by information.dk and Freitag in Berlin and from the last information from the media. So I’m not certain that they are, that it is impossible to stop them from the path that they’re conducting, they’re engaged in the path that they’re going down because they believe it to be efficient to meeting their desires, rather than it being an ideological committed goal.

Cliff Johnson

During the course of this long mediation, what was it that they thought they were seeking from you that would stop this process, I mean was there some, presumably there was some effort during the course of that mediation for you to get back control of the material, were there indications that they were prepared to do that, or that there was something they were seeking in order to do that?

Julian Assange

They, the only leverage we had in the mediation was that they had made a previous public statement that they would return all of the material, so it was only a reputational issue that permitted the mediation to occur. That is, they faced a potential reputational loss by not returning the material. And possibly, we also started an initial legal process back in February and stopped that to conduct the mediation. So there was a reputational motivation and a motivation to stave off court action.

Cliff Johnson

And they have a legal entity in Germany that is the subject of your legal efforts or… Julian Assange No, they did not have a legal entity, it is just an individual although they say that they intend to form a legal entity.

Cliff Johnson

Are there any other individuals or groups that we should also be concerned about that either may now have or in the future have access to this information – and I realize that all of that is to some degree moot if this broad release happens that you’ve alerted us to.

Julian Assange

There are individuals who have been transferring information, but they, for instance the Guardian gave all the cables to Haaretz in Germany, sorry in Israel, but these are moves that are done by individuals within those newspaper institutions as a competitive play to other newspapers where they have arrangements. For example the Guardian gave them against our agreement to the New York Times, a violation of our written contract, and to a number of other groups, but as far as we are aware, we don’t know, it’s hard to be aware of other groups but as far as we are aware they are giving them to other news organizations as a competitive maneuver in relation to us.

Cliff Johnson

Mr Assange is there anything else at this stage which you think would be useful for us to know.

Julian Assange

Well there are these two key details I would like to convey in person, not over an unencrypted connection.

Cliff Johnson

I’m sorry, I don’t follow.

Julian Assange

The two key pieces of information, which are necessary, the location and the information about the passphrase, and these I obviously cannot convey over an insecure connection.

Cliff Johnson

Right but you would be prepared to provide those to us.

Julian Assange

I would be prepared to encourage someone to provide you with that information.

Cliff Johnson

And how would that play out? What would the next step be?

Julian Assange

There are two possibilities. One is to encourage the individual in Germany to desist in their activities, if you – because they are concerned about the reputational risk, if they are told that if they continue their activities it may lead to people coming to harm, then that is possible leverage to get them to stop, although we have tried, we have made those statements, it may be viewed as more serious if it comes from the US or a Human Rights Organization or the German Government.

Cliff Johnson

I guess earlier in our discussion you seemed to suggest that given their motivation they wouldn’t care about that kind of concern.

Julian Assange

They care about reputational risk. They’re not going to care about that, clearly by the behavior, but they may care about reputational risk. They know about it because we’ve informed them about it and made a demand through our lawyers to stop doing it but they may care about the reputational risk. So if it becomes public that they were asked to desist, they may desist. If there is another possibility which is the taking down of those files, that is a degree of research and effort that we do not have the capacity to do. There are not so many of them.

Cliff Johnson

And you know all the locations of them, do you think?

Julian Assange

We know several and it’s probably not that hard to find the others – they are not viewed by the public as important files. There are some important encrypted files that we have released which there, some 100,000 people have copies to them but the keys are well secured.

Cliff Johnson

Can you provide us with that location information?

Julian Assange

I can encourage other people to do so.

Cliff Johnson

OK. I mean in terms of your suggests that we make clear the harm that could follow from the release of such information, I mean that’s almost the response we had in our public statement from when we tried to dissuade WikiLeaks from doing its releases on the same ground, and I don’t know why we would fare any better with, you…

Julian Assange

Well I mean, I don’t suggest that it is a result of those public statements but we released cables slowly, to media partners, and went through every cable and redacted source identities accordingly. The differences between that scenario of journalists and human rights activists reading cables, redacting them and putting them out through us, which is what has been happening, and all of them, all 250,000, including all the classified cables, going out without any redaction at all. So there is quite a degree of difference between these two scenarios. Yes, we were not influenced to do more than what we had planned to do but I think of course there are always compromises to make in this sort of thing but they are, at least as far as publication was concerned, while it might have been politically annoying, we acted as other media organizations acted; in fact, it was mainstream media organizations who were redacting our cables for us and then feeding them back through our redaction system.

Cliff Johnson

If we were… Just speculating if we were able to influence these other groups or this other group from making a release or if your litigation efforts succeeded in that, what would, could we expect from WikiLeaks, would you continue to proceed with the releases of this exact same information?

Julian Assange

We would continue to proceed in the way which we have been proceeding, which is, in an orderly fashion reading the classified cables one by one and redacting source identities where necessary.

Cliff Johnson

I see. So the difference in the two scenarios is, is your sense that this other group would not have any interest in redactions or any other more, I don’t know how to describe it, sort of a more planned release.

Julian Assange

That’s correct, because they are not releasing the information for either a highly illogical purpose or for their reputation. So they are not seeking to grow their reputation as a news organization by producing newsworthy information, rather they are seeking to secretly release this information to others in order to damage our reputation. So it is quite a different motivation and it means it is not possible to dissuade them reputationally from engaging in the course of conduct that they are engaging in because they are doing it under the surface.

Cliff Johnson

Right, but I guess in terms of the redactions, even though we have seen some of the releases that have been coming through the media reflecting some redactions of particular individuals’ names or sensitivities or source sensitivities, as I think you can understand we have not seen and nor do we have the sense that there’s any redactions of the actual classified material in the cables as well so I guess I do appreciate that there’s a distinction in terms of some of the redactions but overall the WikiLeaks releases that you’ve done that you would intend to do would still involve the release of material that was classified.

Julian Assange

Our redactions are done by our media partners, so our material is given to those media partners and then they feed back the redactions that they feel are appropriate, that is within their expertise within that particular region.

Cliff Johnson

And then you make a final decision as to what’s released or not?

Julian Assange

No, we do not make that decision, that is a process that is conducted purely by the media partners.

Cliff Johnson

In terms of, and I realize it’s late there Mr Assange and I appreciate that you’ve been willing to talk at this length, in terms of the litigation in Germany do you have an assessment from your own lawyers as to how likely that is to succeed or not succeed?

Julian Assange

The current assessment is that we do not have standing. We have made certain demands but we do not have standing to take a court action because the information does not belong to any parties and we would have to be one of the US informants say that are mentioned in the material to have a standing with the courts to take such an action.

Cliff Johnson

And Germany is the only country where…

Julian Assange

We perhaps could sue for, we could sue in London for the breach of confidence and the reputational loss that would come from it, but that of course won’t have any effect in Germany.

Cliff Johnson

Mr Assange, earlier you had mentioned that there were two items that you were interested in providing us but wanted to do so in person or directly.

Julian Assange

That is correct.

Cliff Johnson

I just wanted to make sure I had a clear understanding of that. What were those? Was one of them the locations of the files and the encryption key?

Julian Assange

I wouldn’t venture to say that I would provide you with that information but I would encourage others to give you that information.

Cliff Johnson

OK. And are those the two items or is that the…?

Julian Assange

Those are the two items, the encryption key and the location.

Cliff Johnson

Mm. I mean we’re certainly prepared to receive those, but I guess I’m in your hands in terms of the process for that, or, it sounds as if you might take steps through some intermediary to do something like that.

Julian Assange

The process would be that, because I am under house arrest, you would have to send someone out here to Norfolk, and then a contact would give you that information.

Cliff Johnson

OK. So if we were to…

Julian Assange

We have been trying to get the US Ambassador out here, we’ve been calling him for 24 hours now, more than 24 hours.

Cliff Johnson

Yeah, and they have been coordinating with us which is why I wanted to be in a position to return this call on behalf of both the embassy and the department so we could centralize some of the communication. But if we were to arrange for somebody from the embassy to come out to you then that would be the mechanism for you to provide us with that information, is that right?

Julian Assange

That would be the mechanism by which you would be provided with the information.

Cliff Johnson

And then to set that up, should we, what should we do, should we reach back out to…

Julian Assange

You should call this number and make an appointment.

Cliff Johnson

OK. And how soon if we were to arrange this early next week that would be…

Julian Assange

I would suggest immediately, but…

Cliff Johnson

So we could do it at the weekend or…

Julian Assange

Our view is that it is more your problem than it is ours but we have been calling the State Department and the Embassy for over a day trying to explain the urgency and they have not called back other than this call.

Cliff Johnson

But again, even if we had, and once we have this material, it’s not clear to me how that would prevent any of these releases that you are anticipating.

Julian Assange

Which particular ones?

Cliff Johnson

By this other group.

Julian Assange

The particular manner, the approach that they are taking to spreading information is to just give this password and location and thereby they are able to give the appearance that they are not spreading the information itself, do you understand?

Cliff Johnson

Um. I think so, you’re suggesting that they’re, uh…

Julian Assange

They have developed a sophisticated cover for their activity, which is to spread the password and location, but not actually directly convey the data itself, even though the effect is precisely the same, which is to convey the data. And so either if they are pressed upon to cease that activity or the file is removed from the internet, then they will not be able to engage in that activity. Of course, they may still spread this file in other manners, in another manner, but they believe it has greater evidential weight if they spread it in another manner, so I believe that they will not do that, or at least, they will take a lot longer to do that.

Cliff Johnson

Right. But if in some manner or for some reason they’re prevented from spreading it in this current manner that involves these five locations it sounds as if your sense is that they would still have the capability to release this information in another way.

Julian Assange

Yes, that’s correct. But I don’t believe that they would necessarily do so for some time. Perhaps something else can be negotiated or perhaps other motivations may come into play.

Cliff Johnson

OK.

Julian Assange

At the moment they have a very easy option, which is they can make it look like they are not spreading the material, yet in fact spread the material to those that they wish to curry favor with or build alliances with. At the same time also make a reputational attack on this organization and do so by looking like it is not, like they have not deliberately engaged in a course of action to provide all the material to the public. Because all that is needed is this location and password, and they are spreading it to people. They know that fairly soon that information can simply be sent over an email or by a single tweet, and once it is done so, it will be in a million people’s hands, within a few hours. So this is really the key difference. The information that can spread to several million people within a few hours, or information that is very very large, and your involvement in transmitting it is clear.

Cliff Johnson

So is the idea that by having this information and spreading it they could basically provide people with access to stuff that was under the WikiLeaks umbrella but they would in fact be providing, in a sense they would be unlocking your own material, is that what it is?

Julian Assange

They would be making available all these State Department cables, all 250,000.

Cliff Johnson

And access would be provided through the WikiLeaks website or through these other…

Julian Assange

No, through these other, through these other files that are held by people we don’t know who they are, but they are publicly available.

Cliff Johnson

I’ll report back to folks and we will…

Julian Assange

The people who have them, and who have made them publicly available, do not know what they have.

Cliff Johnson

OK.

Julian Assange

So they appear to just be people who have a collection of various information that is available to us.

Cliff Johnson

How could they not know what they have?

Julian Assange

Because the collection is extremely large.

Cliff Johnson

Uh-huh.

Julian Assange

And this is just one file among a very large collection.

Cliff Johnson

So to be able to use it they would need to know where to get it.

Julian Assange

Exactly. Exactly.

Cliff Johnson

OK.

Julian Assange

And this is the information that is being spread by this individual.

Cliff Johnson

Well we will loop back to you to make an appointment to visit. Is there anything else that would be useful for me to know at this time?

Julian Assange

An article has appeared in Freitag, that’s f r i e t a g, sorry f r e i t a g, of billion, provided by that individual who works with, is trying to set up a business relationship with Freitag. The information in it is not strictly accurate, because he is trying to use his connection with Freitag to make an attack against us, but it will give you a hint of the game that’s being played, and also information.dk has an article in Danish, also provided by, the source of which is also this individual Daniel Domscheit-Berg, it’s the same attack in both cases, and it’s a preexisting connection between this individual and these two papers. But it is, a my news at Freitag was going to publish and I spoke to the publisher before the publication and impressed upon him that he should obscure as many details as possible in the publication. Unfortunately while there are some that are obscured, nonetheless there may be people who will put two and two together from this, and certainly if these reports continue it will create a tremendous demand to know what it is, what this password is, and what the location is. And that tremendous demand will be satisfied by this individual, because he is clearly the source of the information and has asked that other people contact him.

Cliff Johnson

OK. I hear what you’re saying.

Julian Assange

The leverage on him is a reputational pressure that can be applied to him, that he is doing all of this behind the scenes, and thinks that if it all becomes public it will all be to his benefit, it will be to our loss, and that is why he is spreading information. But if he feels it would in fact work against him reputationally, he will stop doing that so publicly, and there is the other possibility of tracking down who is supplying these files and asking them to stop.

Cliff Johnson

OK.

Julian Assange

At the moment, the people do not think these files are particularly interesting. Once it is understood their significance then they will spread. And they will be impossible to get rid of.

Cliff Johnson

Right. I appreciate what you’ve told us Mr Assange. I mean, as I’ve mentioned before as you can probably imagine from our perspective the notion of one entity putting out classified US government material versus another entity doing it, either way it’s something that to our minds continues to pose equal harm to us, but…

Julian Assange

Well, you know, we heard these statements from the Pentagon, that they’re not concerned about harm minimization., but I would suggest that that’s a rather disturbing attitude. If it is the case that the State Department has contacted the relevant players and forewarned them already, I know a lot of that activity has occurred, and it is my strong suspicion that, or rather, I think it is probable that nearly all people mentioned who need to be informed have been informed, either directly by the State Department or directly through the news media, then, I suppose that is fine and the chance of harm to those sources of the State Department is minimal. On the other hand the State Department has made statements countering to that effect, although a significant time ago.

Cliff Johnson

No I guess my point is really the opposite one, that we face a great harm however the material is released, whether by you or by them, it’s not that we’re indifferent to an another organization also releasing it, it’s more the minute anybody other than our government has access to our material it creates the risk, inherent risk that it will leave somebody’s control, and then it will spread regardless of what individuals’ motivations are, and I also don’t want to leave you with the sense that when you’re talking about this volume of material, that even with the best efforts of the United States Government that we’re able to protect all or even a significant amount of source equity from them. So you’re certainly right that that’s something that’s been a major concern and that efforts have been made when they can be made, but they are by no means, we do not have the ability to completely protect our interests just on the source issue, and as I mentioned our concerns with this kind of material goes well beyond that, there’s certainly a primary concern with lives and individuals whose well-being can be threatened but there’s also national security material throughout the classified cables that also causes us harm, I mean, you know, you’ve heard those things before, I expect you appreciate them whether you agree with them or not, but I do wanna say that I appreciate the time you’ve taken to talk about this latest step in this.

Julian Assange

Well I understand you need to make that statement for legal reasons, and you will understand that I need to make the following statement also, we do not believe that in the material that through our partners have released that that is the case, and we continue to make sure that the there is no harm to the interests of the United States and rather the news benefit to the American people and to others is paramount in everything that we do. And that is partly why you have received this call and we’re saying as we said last year that if you have genuine concerns that we ask that you act on them and last year we asked that you provide us, or assist us to find out which information would be harmful to release, and now we are asking that you take measures to reduce any possible harm including via contacting those people who might be at harm and to assisting the steps we have taken to prevent unredacted release of the material.

Cliff Johnson

I hear you and I won’t repeat what I said before because I’m confident you heard that too. So if there’s nothing else that’s useful to discuss further at this stage, if it makes sense to you the way I would leave it is that we will follow up with you probably by embassy but I’ll just need to discuss that further.

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Featured

What we learned in Julian Assange’s extradition hearing

Experts debunked the U.S. government’s case, argument by argument. Here’s a recap ahead of the judge’s verdict on January 4th. 

The prosecution of WikiLeaks publisher Julian Assange would be a landmark test of the First Amendment right to publish if he were brought to trial in the United States, as press freedom groups, constitutional lawyers, and newsrooms across the board have sounded the alarm about the ways in which the U.S. indictment intends to silence investigative journalism around the world. 

But Assange would first have to be extradited from the United Kingdom, where he has been imprisoned in HMP Belmarsh for over a year and a half. At Assange’s extradition hearing in London, comprising one week of oral arguments in February and four weeks of witness testimony in September, District Judge Vanessa Baraitser heard debate over the U.S.-U.K. Extradition Treaty’s ban on extraditing for ‘political offenses,’ the unprecedented nature and scope of the U.S. prosecution, and the threat sending Assange to a Supermax prison in the U.S. would pose to his health and even his life. 

Judge Baraitser will issue her ruling on January 4th, and she is expected not only to approve or deny Assange’s extradition, but rather will lay out the ways in which she agrees or not with the government and defense’s many arguments. Here is what the government argued in court and what defense experts said on the stand. 

Journalists & Source Protection  

  • U.S. government said: Julian Assange is not a journalist
  • Experts said: Assange engaged in basic journalistic activity

That Julian Assange is a journalist should not be in dispute. Assange has earned dozens of journalism awards, from Amnesty International’s New Media Award in 2009 to the 2011 Walkey Award, the Australian equivalent of the Pulitzer Prize. WikiLeaks has been referred to in court as a journalistic outlet, and mainstream media organizations around the world now use the very same anonymous submission system that WikiLeaks pioneered. But there’s no need to wade into this semantic dispute in the first place — laws and amendments protect or criminalize types of actions, not types of people. A press pass doesn’t give you more or fewer freedoms: the First Amendment protects journalistic activity, not journalists, and what WikiLeaks has done in soliciting, redacting, contextualizing, and publishing the Iraq & Afghan War Logs, the State Department cables and the GTMO Detainee Assessment Briefs is pure journalistic activity. 

Fellow journalists and press freedom experts alike explained this distinction. U. of Maryland Professor of Journalism Mark Feldstein called WikiLeaks’ actions “standard journalistic behavior.” Furthermore, Jameel Jaffer, director of the Knight First Amendment Institute at Columbia, testified:

“The indictment [of Julian Assange] focuses almost entirely on the kinds of activities that national security journalists engage in routinely and as a necessary part of their work-cultivating sources, communicating with them confidentially, soliciting information from them, protecting their identities from disclosure, and publishing classified information. The indictment’s implicit but unmistakable claim is that activities integral to national security journalism are unprotected by the U.S. Constitution and even criminal.”

As Trevor Timm, founder of the Freedom of the Press Foundation, put it in court, “In the US, the First Amendment protects everyone. Whether you consider Assange a journalist doesn’t matter, he was engaging in journalistic activity.”

This journalistic activity is not limited to publishing the documents. The Assange indictment also attempts to make criminal every step in the reporting process, from journalist-source communications to possessing the files to finally making them public. In addition to the 17 charges under the Espionage Act, the 18th charge is under the Computer Fraud and Abuse Act, attempting to reframe normal reporter-source interactions as something nefarious and to paint Assange as a mastermind directing computer intrusions when he allegedly chatted online with whistleblower Chelsea Manning. 

Computer forensic expert Patrick Eller testified that he found several important inaccuracies and technological misunderstandings in the government’s assessment of the Manning conversations and concluded that what the government alleges — an attempted password crack — wasn’t even technically possible and that if it were, it wouldn’t be for the purposes they allege. More fundamentally, he testified, the government couldn’t even prove that it was Assange himself that Manning was speaking to. 

Even if the accusation held up, Trevor Timm explained, that this time of source communication is not only normal but essential for investigative journalism.  “Material journalists often write about and print do not magically land on their desks,” he said.  They talk to sources, they ask for clarification, and they ask for more information. “This is standard practice for journalists.”

Unredacted cables 

  • U.S. government said: Assange recklessly published names of informants
  • Experts said: WikiLeaks redacted more than even the US government, Assange warned the State Department about unredacted release and was ignored, and WikiLeaks wasn’t even the first to publish unredacted

This argument has been completely debunked. Three of the charges against Assange are for “pure publication,” which is a dangerous attempt to set a precedent that criminalizes the publication of truthful information in the public interest.  The government’s indictment ignores the painstaking redaction process that WikiLeaks engaged in starting in 2010. Veteran journalists who worked with WikiLeaks on the 2010 publications testified that Assange and WikiLeaks were ardent about redacting cables to protect innocents who might be named. John Goetz testified that he looked at a few specific files in the Iraq War Logs and compared them to the same documents that were later released by the US government itself, and he found that WikiLeaks’ redaction system — using a computer script to first redact every single name in the files and then working backward to inspect and unredact words that couldn’t be used to identify the individuals — actually redacted more than the U.S. government’s. Working on the State Department cables, Stefania Maurizi lauded WikiLeaks’ unprecedented security in protecting the files. 

The government’s indictment ignores all of this and dishonestly tries to criminalize WikiLeaks’ 2011 publication of certain unredacted cables. As several experts testified, the indictment’s timeline is extremely misleading, obscuring how those disclosures came to pass in an attempt to deceive the judge and to paint Assange as reckless. The individuals responsible for initially publishing the unredacted cables were never charged. John Young, founder of the US-based leak site Cryptome, testified that he published the State Department cables first, and that the US government has never tried to prosecute him or asked him to take them down. When Assange learned that the unredacted files were available on the internet, he and other WikiLeaks officials immediately called the State Department’s emergency line to warn them. That Cryptome and John Young were never charged reveals how this is a blatant case of selective prosecution — political payback instead of an honest application of the law.

Assange is an Australian citizen who published WikiLeaks files while in Europe, so make no mistake: the U.S. government is claiming global jurisdiction and the right to dictate what is and isn’t published about it beyond its borders. Furthermore, it’s arguing that the First Amendment no longer protects the publication of truthful information in the public interest. A successful prosecution would spell the end of any legal protections journalists have left. 

Politicized Prosecution

  • U.S. government said: This is the culmination of a decade-long investigation
  • Experts said: Obama explicitly declined to prosecute; Trump launched a war on the press 

The question of whether the prosecution of Julian Assange is “politicized” is no theoretical debate; this is an important legal distinction: the US-UK Extradition Treaty explicitly bans extradition for “political offenses.” In this case, both the publication and the prosecution should be viewed as political. Assange’s defense team explained, “Espionage” is a textbook political accusation, the allegation of a crime done to a particular nation-state for political reasons. Experts in Assange’s hearing testified that Assange is an anti-war libertarian, and he published evidence of war crimes and corruption for the purpose of exposing and ending those unjust practices. 

On the question of a politicized prosecution, the government has attempted to portray the Trump administration’s indictment as the natural conclusion of a years-long investigation into WikiLeaks. But as experts explained in court, President Obama’s Department of Justice looked closely at indicting WikiLeaks and explicitly decided not to indict, because they could find no meaningful difference between the actions of WikiLeaks and those of the New York Times. The Trump administration, by contrast, had no regard for these First Amendment concerns and decided to reopen the essentially closed investigation into Assange. Then-Attorney General Jeff Sessions said early in Trump’s tenure that arresting Assange was his personal “priority.” In April 2017, then-CIA Director Mike Pompeo delivered an extremely aggressive speech against WikiLeaks, declaring, “we can no longer allow Assange and his colleagues the latitude to use free speech values against us.”

At Assange’s extradition hearing, Carey Shenkman, an American human rights attorney and constitutional historian who is writing a book on historical analyses of the Espionage Act, testified, “I’ve never thought we would see something like [this indictment],” adding that most legal scholars agree that this use of the Espionage Act is “truly extraordinary.” The way the charges are framed and the timing of the indictment, he said, “really point to a highly politicized prosecution.”

Verdict

On January 4th, 2021, Judge Vanessa Baraitser will issue her ruling on whether to approve Julian Assange’s extradition. To accept the government’s arguments, she will have to disregard weeks of expert testimony debunking the prosecution’s legal theories, and she’ll have to accept its misleading timeline of events. These experts in journalism, the history of the Espionage Act, and the politicized application of the law gave her ample reason to shut this extradition process down. 

Categories
Commentary Featured

Election Hot Take: 5 Reasons Pardoning Assange Could Drastically Enhance Trump’s Legacy

Even though we are all still recovering from the election (and there are still some pending legal challenges to consider), we thought we’d take a few minutes to unpack an idea that many people have floated on social media and opinion columns.

Here’s one example, from Thomas Knapp, the director of the the Garrison Center, writing at Counterpunch:

Headline: America in Transition: Two Things Donald Trump Can Do to Burnish His Legacy

Trump has the power to pardon. He should use that power in unprecedented fashion, emptying the federal prisons of non-violent drug offenders and other assorted victims of a “justice” system gone haywire.

In particular, he should pardon (in alphabetical order) Julian Assange, Chelsea Manning, Edward Snowden, and Ross Ulbricht.

Assange and Snowden have been charged, but not yet tried, with telling the American people the truth about their government’s crimes. Manning has been convicted for the same heroic acts. President Obama commuted her sentence, but it’s time to restore her rights and recognize her service to her country.

Knapp isn’t the only one floating the possibility of a pardon for Assange. So let’s break down why this might be a great idea for Assange, for Trump, and for America.

1. It Would Transform Trump into the Defender of American Values 

Presidents rarely get to define their own legacy, and are often victims of external circumstances. Trump would love for his legacy to be about economic growth and reworked trade deals, but that’s unlikely to be how history remembers him. He has his tax cuts, and his defenders will make claims about economic strength…that was ultimately derailed by the COVID pandemic.

But there’s the rub. You can’t summarize the Trump presidency without fixating on COVID. The next sentence would probably be something about the divisiveness of the cultural and political moment. Much of that is beyond Trump’s control, but tell that to Herbert Hoover and Lyndon Johnson. Those are the breaks.

If Trump wants to shake up the narrative on his presidency, he can use one of his most important powers to do so. Pardoning Assange, Snowden, Manning, or a combination of the three would drastically reshape Trump’s legacy. It would become impossible to spin a narrative about Trump and our political climate without noting his magnanimous gesture. The speech almost writes itself:

#Gamechanger.

 2. It preempts Joe Biden 

We can’t be sure what Joe Biden will do as president when it comes to Assange. Maybe he’s weighing a pardon himself. Maybe he’ll merely drop the extradition request. Maybe he’ll actually continue the prosecution. 

Whatever Biden’s hypothetical course of action, a Trump pardon takes the decision out of Biden’s hands and gets Trump all the credit. 

Biden has a lot of work cut out for him uniting the Democratic Party and its coalition. They won’t have Trump to kick around any more, and the Left will be keeping a close eye on Biden. Taking Assange (and others) out of play gives Biden one less move he can make to appease key parts of his base.

3. It makes things more difficult for the Biden administration.

Similar to our last point, sending a powerful message in support of press freedom and releasing Assange causes headaches for the incoming president. Remember: Assange, Manning, and Snowden are all charged with crimes committed during the Obama-Biden administration. Allowing these transparency advocates the freedom to speak truth to power is a great way to undermine those in power.

4. It strikes at the Deep State.

Whatever your thoughts on Trump, let’s get one thing out of the way: the Deep State is real. Maybe you’d rather not call it that, and prefer “the national security establishment,” the “military-industrial complex,” or just “the bureaucracy.” Regardless of the label, there are career bureaucrats who transcend political parties and seek to accumulate power. They hate people like Assange, who operate outside established institutions. And Trump (usually) hates them back. What do they say about “the enemy of my enemy?”

The more “establishment” types prefer the predictability of someone like Joe Biden over the likes of Trump, who they feel less capable of controlling. It’s one of the reasons (although not the only one) that many establishment Republicans and hawkish (neoconservative) figures were “Never Trumpers,” “Lincoln Project” supporters, or even supported Joe Biden. Trump can tell them off by pardoning Assange and others.

5. It’s just the right thing to do.

Call it “saving the best for last.” Or chalk it up to cynicism about politics. But we can’t write a list like this without pointing out that the persecution of journalists and whistleblowers is simply wrong, and any action that pushes back against that persecution is a positive move.

Assange is not a U.S. citizen. He is being literally charged with “Espionage” for activities undertaken while he was in Europe. And even if you object to him being characterized as a “journalist,” the activities he is being charged over are textbook journalistic activities: newsgathering, working with sources, and publishing. Assange might not have operated like an old-school journalist, but that’s because he’s part of the evolution of journalism that is more open-source and accessible. Countless journalists, scholars, human rights organizations, and legal groups have all condemned the prosecution of Assange because it strikes at the heart of the free press and would make reporters all over the world subject to government persecution simply for doing their jobs: trying to tell the public the truth about things they have a right to know.

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Featured

Guide to Testimony in Julian Assange’s Extradition Hearing

Click on each topic for links to key testimony and further reading

Assange Indictment Poses Unprecedented Threat to Journalism

What expert witnesses said

Fellow journalists, academics, and professors testified that the Espionage Act charges against Julian Assange are unprecedented and would mark the end of First Amendment protections on journalism everywhere. Assange is charged with obtaining, receiving, and publishing government documents, activity that investigative journalists engage in every day.

Why it matters

To extradite someone from the U.S. to the U.K., the prosecution must prove “dual criminality,” that the crime alleged in the United States would also be an offense in the United Kingdom. Furthermore, Article 4 of the U.S.-U.K. Extradition Treaty says, “Extradition shall not be granted if the offense for which extradition is requested is a political offense.”


The Importance of WikiLeaks’ Releases

What experts said

Lawyers, journalists, academics, and activists testified about the enormous importance of WikiLeaks’ 2010-11 publications. They explained how the Iraq and Afghan War Logs documented previously uncounted civilian casualties, war crimes and the true nature of modern warfare, how the State Department cables exposed backroom corruption and the U.S.’s global influence, and how the Guantanamo Bay files revealed the deceitful justifications used to keep prisoners in detention. These experts testified about using WikiLeaks’ releases in their own work, in crucial legal cases, and in informing the public about what their government was doing in secret.

Why this matters

The U.S. government is attempting to portray Julian Assange as a ‘hacker’ and as someone who wanted to harm the United States, rather than a journalist performing a public service. These experts debunk that smear and show how Julian Assange’s work carries out his ideals, using transparency to achieve justice.


WikiLeaks’ Redaction Process and the Unredacted Cables

What expert witnesses said

Journalists who worked with WikiLeaks on the Cablegate release testified about Assange’s redaction process, care to conceal names of those who might be at risk, and digital protection of the documents to prevent accidental release. Digital experts who reviewed online records testified that it was Guardian journalists Luke Harding and David Leigh’s publication of a password that ultimately led to the unredacted publication, that actually a different leak site published the unredacted cables first and haven’t been prosecuted, and that Assange attempted to mitigate any damage that could result from the release.

Why it matters

The three publishing counts under the Espionage Act — perhaps the charges most worrying to fellow journalists as a conviction for publishing would be unprecedented — only charge Julian Assange with publishing the unredacted State Department cables in September 2011 (as opposed to the redacted cables in late 2010 and early 2011). The government alleges that Assange published recklessly, without regard for the informants and sources named in the documents.


On the Conspiracy to Commit Computer Intrusion

What is alleged

In the second superseding indictment, Count 2 is 18 U.S.C. § 371 Conspiracy to Commit Computer Intrusions. The government argues that US Army soldier Chelsea Manning chatted over Jabber with a user ‘Nathaniel Frank’, who the government alleges but hasn’t proven is Julian Assange, and asked for help cracking a “hash”, which is an encrypted portion of a password, she was attempting to gain increased access to government databases and to disguise her identity in doing so. It argues that Assange attempted to help Manning crack this password in order to obtain more classified documents to send to WikiLeaks.

What the expert witness said

Patrick Eller reviewed the indictments against Assange and the transcripts from Chelsea Manning’s court martial in 2013 to analyze the allegation that Assange and Manning engaged in a conspiracy to conceal Manning’s identity and steal more documents. Eller found several important inaccuracies and technological misunderstandings in the government’s indictment and found that what the government alleges isn’t technically possible and if it were, it wouldn’t have been for the purpose the government alleges.


Spying on Assange in the Embassy

What witnesses said

Two anonymous former employees of Spanish surveillance company UC Global testified that the company’s director David Morales secured a contract with top Trump financier Sheldon Adelson to spy on Julian Assange in the Ecuadorian Embassy in London, from 2017 until his eviction in April 2019, and fed the recordings to United States intelligence. The whistleblowers said Morales was particularly zealous about recording Assange’s conversations with his lawyers, and even discussed kidnapping or poisoning him.

Why it matters

The Nixon Administration’s case against Pentagon Papers whistleblower Daniel Ellsberg was dropped when the defense discovered that government officials had broken into Ellsberg’s psychiatrist and the FBI had intercepted some of his phone calls. James Goodale, the lawyer who defended the New York Times’ right to publish the Pentagon Papers, wrote, “For similar reasons, the case against Assange should be dismissed, if it reaches the U.S. courts.” The testimony about Republican Dana Rohrabacher’s visit is also relevant for the case that this prosecution is heavily politicized.


The Trump Administration’s Politicized Prosecution of Julian Assange

What expert witnesses said

The prosecution of Julian Assange is political in nature because: Trump prosecuted after the Obama administration explicitly decided not to, the Trump admin is uniquely aggressive against journalism, the prosecution is essentially revenge for WikiLeaks embarrassing and exposing the U.S. government, Espionage is a classic “political offense”, and a conviction on these charges would set a dangerous new precedent.

Why it matters

Article 4 of the U.S.-U.K. Extradition Treaty says, “Extradition shall not be granted if the offense for which extradition is requested is a political offense.”


Medical Testimony & U.S. Prison Conditions

What expert witnesses said

Psychiatrists and doctors who have interviewed, visited, and treated Julian Assange testify that he has Asperger’s syndrome, clinical depression, and is at a high risk of suicide in the event of extradition. U.S. lawyers, prison experts and a former warden testified that if sent to the United States, Assange would be held in solitary confinement under communication-gagging Special Administrative Measures, would get an extremely long prison sentence, and would likely be held post-trial in the highest-security prison in the country, ADX Florence in Colorado.

Why it matters

Section 91 of the United Kingdom’s 2003 Extradition Act prohibits extradition if “the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him.” Article 3 of the European Convention on Human Rights says that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”


Daily Reports

Categories
Hearing Coverage

The Importance of WikiLeaks’ releases

What experts said

Lawyers, journalists, academics, and activists testified about the enormous importance of WikiLeaks’ 2010-11 publications. They explained how the Iraq and Afghan War Logs documented previously uncounted civilian casualties, war crimes and the true nature of modern warfare, how the State Department cables exposed backroom corruption and the U.S.’s global influence, and how the Guantanamo Bay files revealed the deceitful justifications used to keep prisoners in detention. These experts testified about using WikiLeaks’ releases in their own work, in crucial legal cases, and in informing the public about what their government was doing in secret.

Why this matters

The U.S. government is attempting to portray Julian Assange as a ‘hacker’ and as someone who wanted to harm the United States, rather than a journalist performing a public service. These experts debunk that smear and show how Julian Assange’s work carries out his ideals, using transparency to achieve justice.

Key testimony

Categories
Hearing Coverage

Medical Testimony & U.S. Prison Conditions

What expert witnesses said

Psychiatrists and doctors who have interviewed, visited, and treated Julian Assange testify that he has Asperger’s syndrome, clinical depression, and is at a high risk of suicide in the event of extradition. U.S. lawyers, prison experts and a former warden testified that if sent to the United States, Assange would be held in solitary confinement under communication-gagging Special Administrative Measures, would get an extremely long prison sentence, and would likely be held post-trial in the highest-security prison in the country, ADX Florence in Colorado.

Why it matters

Section 91 of the United Kingdom’s 2003 Extradition Act prohibits extradition if “the physical or mental condition of the person is such that it would be unjust or oppressive to extradite him.” Article 3 of the European Convention on Human Rights says that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”

Key testimony

More

Categories
Hearing Coverage

The Trump Administration’s Politicized Prosecution of Julian Assange

What expert witnesses said

The prosecution of Julian Assange is political in nature because: Trump prosecuted after the Obama administration explicitly decided not to, the Trump admin is uniquely aggressive against journalism, the prosecution is essentially revenge for WikiLeaks embarrassing and exposing the U.S. government, Espionage is a classic “political offense”, and a conviction on these charges would set a dangerous new precedent.

Why it matters

Article 4 of the U.S.-U.K. Extradition Treaty says, “Extradition shall not be granted if the offense for which extradition is requested is a political offense.”

Key testimony

Read more:

Categories
Hearing Coverage

Spying on Assange in the Embassy

What witnesses said

Two anonymous former employees of Spanish surveillance company UC Global testified that the company’s director David Morales secured a contract with top Trump financier Sheldon Adelson to spy on Julian Assange in the Ecuadorian Embassy in London, from 2017 until his eviction in April 2019, and fed the recordings to United States intelligence. The whistleblowers said Morales was particularly zealous about recording Assange’s conversations with his lawyers, and even discussed kidnapping or poisoning him.

Why it matters

The Nixon Administration’s case against Pentagon Papers whistleblower Daniel Ellsberg was dropped when the defense discovered that government officials had broken into Ellsberg’s psychiatrist and the FBI had intercepted some of his phone calls. James Goodale, the lawyer who defended the New York Times’ right to publish the Pentagon Papers, wrote, “For similar reasons, the case against Assange should be dismissed, if it reaches the U.S. courts.” The testimony about Republican Dana Rohrabacher’s visit is also relevant for the case that this prosecution is heavily politicized.

Key testimony

Read more

Categories
Hearing Coverage

WikiLeaks’ Redaction Process and the Unredacted Cables

What expert witnesses said

Journalists who worked with WikiLeaks on the Cablegate release testified about Assange’s redaction process, care to conceal names of those who might be at risk, and digital protection of the documents to prevent accidental release. Digital experts who reviewed online records testified that it was Guardian journalists Luke Harding and David Leigh’s publication of a password that ultimately led to the unredacted publication, that actually a different leak site published the unredacted cables first and haven’t been prosecuted, and that Assange attempted to mitigate any damage that could result from the release.

Why it matters

The three publishing counts under the Espionage Act — perhaps the charges most worrying to fellow journalists as a conviction for publishing would be unprecedented — only charge Julian Assange with publishing the unredacted State Department cables in September 2011 (as opposed to the redacted cables in late 2010 and early 2011). The government alleges that Assange published recklessly, without regard for the informants and sources named in the documents.

Key testimony

Read more

Categories
Hearing Coverage

On the Conspiracy to Commit Computer Intrusion

What is alleged

In the second superseding indictment, Count 2 is 18 U.S.C. § 371 Conspiracy to Commit Computer Intrusions. The government argues that US Army soldier Chelsea Manning chatted over Jabber with a user ‘Nathaniel Frank’, who the government alleges but hasn’t proven is Julian Assange, and asked for help cracking a “hash”, which is an encrypted portion of a password, she was attempting to gain increased access to government databases and to disguise her identity in doing so. It argues that Assange attempted to help Manning crack this password in order to obtain more classified documents to send to WikiLeaks.

What the expert witness said

Patrick Eller reviewed the indictments against Assange and the transcripts from Chelsea Manning’s court martial in 2013 to analyze the allegation that Assange and Manning engaged in a conspiracy to conceal Manning’s identity and steal more documents. Eller found several important inaccuracies and technological misunderstandings in the government’s indictment and found that what the government alleges isn’t technically possible and if it were, it wouldn’t have been for the purpose the government alleges.

Patrick Eller debunks Manning/Assange “conspiracy”

The key witness on the technical aspects of this hearing was Patrick Eller, who dismantled the government’s allegations. His testimony established that:

  • The attempted cracking of the password hash was not technologically possible in 2010, when the conversation happened
  • Even if it were feasible, the purpose would not have been to conceal Manning’s identity
  • Even if it were feasible, it would not have given Manning any increased access to government databases
  • The U.S. government cannot prove that ‘Nathaniel Frank’, who chatted with Manning, was actually Julian Assange

Read more

Categories
Hearing Coverage

Assange Indictment Poses Unprecedented Threat to Journalism

What expert witnesses said:

Fellow journalists, academics, and professors testified that the Espionage Act charges against Julian Assange are unprecedented and would mark the end of First Amendment protections on journalism everywhere. Assange is charged with obtaining, receiving, and publishing government documents, activity that investigative journalists engage in every day.

Why it matters:

To extradite someone from the U.S. to the U.K., the prosecution must prove “dual criminality,” that the crime alleged in the United States would also be an offense in the United Kingdom. Furthermore, Article 4 of the U.S.-U.K. Extradition Treaty says, “Extradition shall not be granted if the offense for which extradition is requested is a political offense.”

Relevant testimony

Read more:

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Featured Video Series

Video Series: Assange’s Extradition Hearing

Subscribe to our YouTube channel to hear about new videos as soon as they’re out!

This playlist compiles all of our video coverage of Julian Assange’s resumed extradition hearing in September 2020, featuring commentary outside the courtroom in London summarizing legal developments. See our live blog for daily recaps and a guide to testimony throughout the proceedings.

Week 1 Summary

Week 2 Summary

Week 3 Summary

Week 4 Summary

Categories
Video Series

Video Series: Iraq War Logs

Subscribe to our YouTube channel to hear about new videos as soon as they’re out!

This playlist compiles our videos marking the 10-year anniversary of WikiLeaks’ publication of the Iraq War Logs. Beginning on October 22, 2010, WikiLeaks began releasing the U.S. Army’s significant activity reports, disclosed by military whistleblower Chelsea Manning, exposing years of war crimes, previously uncounted civilian casualties, and an unprecedented window into the realities of modern warfare.

Iraq War Logs: Chapter 1

Iraq War Logs: Chapter 2

Iraq War Logs: Chapter 3