Guide to Testimony in Julian Assange’s Extradition Hearing

October 6, 2020

 

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.”


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