Dozens of press freedom, human rights, and privacy rights organizations across five continents have co-signed an open letter to the U.K. Government calling for the immediate release of imprisoned WikiLeaks founder Julian Assange. The publisher, who turns 49 years old today in HMP Belmarsh, is facing extradition to the United States where he has been indicted under the Espionage Act for WikiLeaks’ 2010-11 publications of the Iraq War Logs, the Afghan War Diaries, and State Department cables. If convicted, Mr Assange would face up to 175 years in prison, “tantamount to a death sentence.”
Click here to read the full press release published today by Don’t Extradite Assange, the official website supporting his case.
The letter is reprinted in full below:
Dear Rt Hon Robert Buckland QC MP [Secretary of State for Justice and Lord Chancellor],
On 8 June 2020, responding to a question in the House of Lords about the United Kingdom’s stance regarding the protection of journalists and press freedoms, Minister of State Lord Ahmad of Wimbledon said, “Media freedom is vital to open societies. Journalists must be able to investigate and report without undue interference”.
We, the undersigned, agree with this statement and call on the UK government to uphold its commitment to press freedom in its own country. At the time of Lord Ahmad’s remarks, WikiLeaks publisher Julian Assange had been imprisoned on remand in the high-security HMP Belmarsh for more than a year as he faces extradition to the United States on charges of publishing. We call on the UK government to release Mr Assange from prison immediately and to block his extradition to the US.
The US government has indicted Mr Assange on 18 counts for obtaining, possessing, conspiring to publish and for publishing classified information. The indictment contains 17 count sunder the Espionage Act of 1917 and one charge of conspiring (with a source) to violate the Computer Fraud and Abuse Act, which uses Espionage Act language. This is the first ever use of such charges for the publication of truthful information in the public interest, and it represents a gravely dangerous attempt to criminalise journalist-source communications and the publication by journalists of classified information, regardless of the newsworthiness of the information and incomplete disregard of the public’s right to know.
On 24 June 2020, the US Department of Justice issued a second superseding indictment against Mr Assange, adding no new charges but expanding on the charge for conspiracy to commit computer intrusion. This new indictment employs a selective and misleading narrative in an attempt to portray Mr Assange’s actions as nefarious and conspiratorial rather than as contributions to public interest reporting. †
The charges against Mr Assange carry a potential maximum sentence of 175 years in prison. Sending Mr Assange to the US, where a conviction is a near certainty, is tantamount to a death sentence.
This is an unprecedented escalation of an already disturbing assault on journalism in the US, where President Donald Trump has referred to the news media as the “enemy of the people”. Whereas previous presidents have prosecuted whistleblowers and other journalistic sources under the Espionage Act for leaking classified information, the Trump Administration has taken the further step of going after the publisher.
Mr Assange himself has been persecuted for publishing for nearly a decade. In 2012, with fears of a US prosecution that later proved prescient, Mr Assange sought and was granted asylum from the government of Ecuador, and he entered the Ecuadorian embassy in London. Because the UK declined to guarantee Mr Assange wouldn’t be extradited to the US, the United Nations’ Working Group on Arbitrary Detention ruled that Mr Assange’s detention was indeed arbitrary and called on the UK to “immediately [allow] Wikileaks founder Julian Assange to walk free from the Ecuadorian embassy in London”.
President Obama’s administration prosecuted US Army intelligence analyst Chelsea Manning for disclosing hundreds of thousands of documents to WikiLeaks on the US’ wars in Iraq and Afghanistan, as well as State Department cables and files on inmates at the Guantanamo Bay prison. But the administration, which had empanelled a Grand Jury investigation into WikiLeaks as early as 2010, explicitly decided not to prosecute Mr Assange due to what it termed the “New York Times problem.” As the Washington Post explained in November 2013, “If the Justice Department indicted Assange, it would also have to prosecute the New York Times and other news organizations and writers who published classified material, including The Washington Post and Britain’s Guardian newspaper”.
When President Trump came to power, then-Attorney General of the US Jeff Sessions announced that prosecuting Assange would be a “priority”, despite the fact that no new evidence or information had come to light in the case. In April 2017, in a startling speech against WikiLeaks’ constitutional right to publish, then-CIA director Mike Pompeo declared WikiLeaks a “non-state hostile intelligence service” and said, “Julian Assange has no First Amendment privileges”.
On 11 April 2019, Ecuador illegally terminated Mr Assange’s diplomatic asylum in violation of the Geneva Refugee Convention and invited the British police into their embassy, where he was immediately arrested at the request of the US. Mr Assange served a staggering 50 weeks in prison for a bail violation, but when that sentence ended in September 2019, he was not released. Mr Assange continues to be detained at HMP Belmarsh, now solely at the behest of the US.
Even before the lockdown initiated by the coronavirus pandemic, Mr Assange has been held in conditions approaching solitary confinement, confined to his cell more than 22 hours a day. Now under containment measures, Mr Assange is even more isolated, and he hasn’t seen his own children in several months. Furthermore, Mr Assange has been allowed extremely limited access to his lawyers and documents, severely hampering his ability to participate in his own legal defence. Following a visit to HMP Belmarsh accompanied by medical doctors in May 2019, UN Special Rapporteur on Torture Nils Melzer determined that Mr Assange had endured psychological torture.
Mr Assange’s extradition hearing, which commenced for one week in February 2020 and is scheduled to continue for three more weeks, is set to resume in September. But the coronavirus, which has reportedly already killed at least one fellow inmate at HMP Belmarsh and which continues to spread through prisons at an alarming rate, puts the health and well-being of Mr Assange, who suffers from a chronic lung condition that makes him especially vulnerable to Covid-19, at serious risk.
The continued persecution of Mr Assange is contributing to a deterioration of press freedom in the UK and is serving to tarnish the UK’s international image. Reporters Without Borders cited the disproportionate sentencing of Mr Assange to 50 weeks in prison for breaking bail, the Home Office’s decision to greenlight the US extradition request, and Mr Assange’s continued detention as factors in the UK’s decline in ranking to 35th out of 180 countries in the 2020 World Press Freedom Index.
We call on the UK government to release Mr Assange without further delay and block his extradition to the US – a measure that could save Mr Assange’s life and preserve the press freedom that the UK has committed to championing globally.
Nathan Fuller, Executive Director, Courage Foundation
Rebecca Vincent, Director of International Campaigns, Reporters Without Borders (RSF)
Adil Soz, International Foundation for Protection of Freedom of Speech
Anthony Bellanger, General Secretary – International Federation of Journalists (IFJ)
Archie Law, Chair Sydney Peace Foundation
Carles Torner, Executive Director, PEN International
Christine McKenzie, President, PEN Melbourne
Daniel Gorman, Director, English PEN
Kjersti Løken Stavrum, President, PEN Norway
Lasantha De Silva, Freed Media Movement
Marcus Strom, President, MEAA Media, Australia
Mark Isaacs, President of PEN International Sydney
Michelle Stanistreet, general secretary, National Union of Journalists (NUJ)
Mousa Rimawi, Director, MADA- the Palestinian Center for Development and Media Freedoms
Naomi Colvin, UK/Ireland Programme Director, Blueprint for Free Speech
Nora Wehofsits, Advocacy Officer, European Centre for Press and Media Freedom (ECPMF)
Peter Tatchell, Peter Tatchell Foundation
Ralf Nestmeyer, Vice President, German PEN
Rev Tim Costello AO, Director of Ethical Voice
Robert Wood, Chair, PEN Perth
Ruth Smeeth, Chief Executive Officer, Index on Censorship
Sarah Clarke, Head of Europe and Central Asia, ARTICLE 19
Silkie Carlo, Director, Big Brother Watch
William Horsley, Media Freedom Representative, Association of European Journalists Foundation for Press Freedom (Fundación para la Libertad de Prensa)
Americans for Democracy & Human Rights in Bahrain (ADHRB)
Bytes for All (B4A)
Center for Media Freedom & Responsibility (CMFR)
The Center for Media Studies and Peacebuilding (CEMESP-Liberia)
The Centre for Investigative Journalism (CIJ)
Free Media Movement Sri Lanka
Freedom Forum Nepal
IFoX / Initiative for Freedom of Expression – Turkey
International Association of Democratic Lawyers
International Press Centre (IPC)
The International Press Institute (IPI)
Media Foundation for West Africa
National Lawyers Guild International Committee
Pakistan Press Foundation (PPF)
South East Europe Media Organisation (SEEMO)
World Association of Community Radio Broadcasters (AMARC)
Yesterday, The Grayzone’s ‘Red Lines’ host Anya Parampil spoke with Kevin Gosztola, an editor with Shadowproof Media and co-host of the Unauthorized Disclosure Podcast, about the latest indictment handed down against Wikileaks founder Julian Assange. The new indictment does not levy any additional charges against Assange, so what purpose does it serve?
On July 14th, Craig Murray posted an article entitled “Damage to the Soul” in which he explains at length how the second indictment against Assange artfully opens the way for a prosecution on charges entirely unrelated to those cited for his extradition. As Murray says:
“To have extradition decided on the merits of one indictment when the accused actually faces another is an outrage. To change the indictment long after the hearing is underway and defence evidence has been seen is an outrage. The lack of media outrage is an outrage.”
I have reproduced Murray’s piece in full below:
The imprisonment of Julian Assange has been a catalogue of gross injustice heaped upon gross injustice, while a complicit media and indoctrinated population looks the other way. In a truly extraordinary twist, Assange is now being extradited on the basis of an indictment served in the UK, which is substantially different to the actual indictment he now faces in Virginia if extradited.
The Assange hearing was adjourned after its first full week, and its resumption has since been delayed by coronavirus. In that first full week, both the prosecution and the defence outlined their legal arguments over the indictment. As I reported in detail to an audience of millions, Assange’s legal team fairly well demolished the key arguments of the prosecution during that hearing.
This extract from my report of the Defence case is of particular relevance to what has since happened:
For the defence, Mark Summers QC stated that the USA charges were entirely dependent on three factual accusations of Assange behviour:
1) Assange helped Manning to decode a hash key to access classified material.
Summers stated this was a provably false allegation from the evidence of the Manning court-martial.
2) Assange solicited the material from Manning
Summers stated this was provably wrong from information available to the public
3) Assange knowingly put lives at risk
Summers stated this was provably wrong both from publicly available information and from specific involvement of the US government.
In summary, Summers stated the US government knew that the allegations being made were false as to fact, and they were demonstrably made in bad faith. This was therefore an abuse of process which should lead to dismissal of the extradition request. He described the above three counts as “rubbish, rubbish and rubbish”.
Summers then walked through the facts of the case. He said the charges from the USA divide the materials leaked by Manning to Wikileaks into three categories:
- a) Diplomatic Cables
b) Guantanamo detainee assessment briefs
c) Iraq War rules of engagement
d) Afghan and Iraqi war logs
Summers then methodically went through a), b), c) and d) relating each in turn to alleged behaviours 1), 2) and 3), making twelve counts of explanation and exposition in all. This comprehensive account took some four hours and I shall not attempt to capture it here. I will rather give highlights, but will relate occasionally to the alleged behaviour number and/or the alleged materials letter. I hope you follow that – it took me some time to do so!
On 1) Summers at great length demonstrated conclusively that Manning had access to each material a) b) c) d) provided to Wikileaks without needing any code from Assange, and had that access before ever contacting Assange. Nor had Manning needed a code to conceal her identity as the prosecution alleged – the database for intelligence analysts Manning could access – as could thousands of others – did not require a username or password to access it from a work military computer. Summers quoted testimony of several officers from Manning’s court-martial to confirm this. Nor would breaking the systems admin code on the system give Manning access to any additional classified databases. Summers quoted evidence from the Manning court-martial, where this had been accepted, that the reason Manning wanted to get in to systems admin was to allow soldiers to put their video-games and movies on their government laptops, which in fact happened frequently.
Magistrate Baraitser twice made major interruptions. She observed that if Chelsea Manning did not know she could not be traced as the user who downloaded the databases, she might have sought Assange’s assistance to crack a code to conceal her identity from ignorance she did not need to do that, and to assist would still be an offence by Assange.
Summers pointed out that Manning knew that she did not need a username and password, because she actually accessed all the materials without one. Baraitser replied that this did not constitute proof she knew she could not be traced. Summers said in logic it made no sense to argue that she was seeking a code to conceal her user ID and password, where there was no user ID and password. Baraitser replied again he could not prove that. At this point Summers became somewhat testy and short with Baraitser, and took her through the court martial evidence again. Of which more…
Baraitser also made the point that even if Assange were helping Manning to crack an admin code, even if it did not enable Manning to access any more databases, that still was unauthorised use and would constitute the crime of aiding and abetting computer misuse, even if for an innocent purpose.
Now while there is no evidence that judge Baraitser is giving any serious consideration to the defence case, what this has done is show the prosecutors the holes in their argument which would cause them serious problems should they get Julian to trial in the United States. In particular, they are wary of the strong freedom of speech protections in the US constitution and so are desperate to portray Julian as a hacker, and not a journalist. But, as you can see above, their case for this is not looking strong.
So the prosecution needed a different case. They have therefore entirely changed the indictment against Julian in Virginia, and brought in a superseding indictment.
As you can see, this is about switching to charges firmly grounded in “hacking”, rather than in publishing leaks about appalling American war crimes. The new indictment is based on the evidence of a “supergrass”, Sigurdur Thordarson, who was acting a paid informant to the FBI during his contact with Wikileaks.
Thordarson is fond of money and is a serial criminal. He was convicted on 22 December 2014 by Reykjanes District Court in Iceland of stealing over US $40,000 and over 13,000 euro from Wikileaks “Sunshine Press” accounts by forging documents in the name of Julian Assange, and given a two year jail sentence. Thordarson is also a convicted sex offender, and was convicted after being turned in to the police by Julian Assange, who found the evidence – including of offences involving a minor – on Thordarson’s computer.
There appears scope to doubt the motives and credentials of the FBI’s supergrass.
The FBI have had Thordarson’s “Evidence” against Assange since long before the closing date for submissions in the extradition hearing, which was June 19th 2019. That they now feel the need to deploy this rather desperate stuff is a good sign of how they feel the extradition hearing has gone so far, as an indicator of the prospects of a successful prosecution in the USA.
This leaves the UK extradition in a state of absolute farce. I was involved in discussion with Wikileaks about what would happen when the supervising indictment was introduced at the procedural hearing last month. It ought not to have been accepted – it is over a year since the closing date, and a week of opening arguments on the old indictment have already been heard. The new indictment is plainly designed to redress flaws in the old one exposed at the hearing.
The superseding indictment also is designed to counter defence witness affidavits which have been disclosed to the prosecution, including expert witness testimony which refutes the indictment on Assange’s alleged hacking assistance to Manning – until now the sole ground of the “hacking” accusation. This switch, we averred, was an outrageous proposition. Was the whole hearing to start again on the basis of the new indictment?
Then, to our amazement, the prosecution did not put forward the new indictment at the procedural hearing at all. To avoid these problems, it appears they are content to allow the extradition hearing to go ahead on the old indictment, when that is not in fact the indictment which awaits Assange in the United States. This is utterly outrageous. The prosecution will argue that the actual espionage charges themselves have not changed. But it is the indictment which forms the basis of the extradition hearing and the different indictment which would form the basis of any US prosecution.
To have extradition decided on the merits of one indictment when the accused actually faces another is an outrage. To change the indictment long after the hearing is underway and defence evidence has been seen is an outrage. The lack of media outrage is an outrage.
None of which will come as any shock to those of us who have been paying attention. We have to continue to build public consciousness of the fact that the annihilation of a journalist for exposing war crimes, based on a catalogue of state lies and dodgy procedure, is not an act that the state can undertake without damage to the very soul of the nation.
Click here to read the same article on Craig Murray’s official website.
The United States government expanded their indictment against WikiLeaks founder Julian Assange to criminalize the assistance WikiLeaks provided to NSA whistleblower Edward Snowden when staff helped him leave Hong Kong.
Sarah Harrison, who was a section editor for WikiLeaks, Daniel Domscheit-Berg, a former spokesperson, and Jacob Appelbaum, a digital activist who represented WikiLeaks at conferences, are targeted as “co-conspirators” in the indictment [PDF], though neither have been charged with offenses.
No charges were added, however, it significantly expands the conspiracy to commit computer intrusion charge and accuses Assange of conspiring with “hackers” affiliated with “Anonymous,” “LulzSec,” “AntiSec,” and “Gnosis.”
From an article entitled “US Government Expands Assange Indictment to Criminalize Assistance Provided to Edward Snowden, written by Kevin Gosztola, published in Shadowproof on June 25, 2020. https://shadowproof.com/2020/06/25/assange-indictment-wikileaks-staff-criminalized-help-snowden/