Category: WikiLeaks

  • Pacific Media Watch

    The reported plea bargain between WikiLeaks founder Julian Assange and the United States government brings to a close one of the darkest periods in the history of media freedom, says the union for Australian journalists.

    While the details of the deal are still to be confirmed, MEAA welcomed the release of Assange, a Media, Entertainment & Arts Alliance member, after five years of relentless campaigning by journalists, unions, and press freedom advocates around the world.

    MEAA remains concerned what the deal will mean for media freedom around the world.

    The work of WikiLeaks at the centre of this case — which exposed war crimes and other wrongdoing by the US in Iraq and Afghanistan — was strong, public interest journalism.

    MEAA fears the deal will embolden the US and other governments around the world to continue to pursue and prosecute journalists who disclose to the public information they would rather keep suppressed.

    MEAA media federal president Karen Percy welcomed the news that Julian Assange has already been released from Belmarsh Prison, where he has been held as his case has wound its way through UK courts.

    “We wish Julian all the best as he is reunited with his wife, young sons and other relatives who have fought tirelessly for his freedom,” she said.

    ‘Relentless battle against this injustice’
    “We commend Julian for his courage over this long period, and his legal team and supporters for their relentless battle against this injustice.

    “We’ve been extremely concerned about the impact on his physical and mental wellbeing during Julian’s long period of imprisonment and respect the decision to bring an end to the ordeal for all involved.

    “The deal reported today does not in any way mean that the struggle for media freedom has been futile; quite the opposite, it places governments on notice that a global movement will be mobilised whenever they blatantly threaten journalism in a similar way.

    Percy said the espionage charges laid against Assange were a “grotesque overreach by the US government” and an attack on journalism and media freedom.

    “The pursuit of Julian Assange has set a dangerous precedent that will have a potential chilling effect on investigative journalism,” she said.

    “The stories published by WikiLeaks and other outlets more than a decade ago were clearly in the public interest. The charges by the US sought to curtail free speech, criminalise journalism and send a clear message to future whistleblowers and publishers that they too will be punished.”

    Percy said was clearly in the public interest and it had “always been an outrage” that the US government sought to prosecute him for espionage for reporting that was published in collaboration with some of the world’s leading media organisations.

    Julian Assange has been an MEAA member since 2007 and in 2011 WikiLeaks won the Outstanding Contribution to Journalism Walkley award, one of Australia’s most coveted journalism awards.

    WikiLeaks founder Julian Assange boarding his flight
    WikiLeaks founder Julian Assange boarding his flight at Stansted airport on the first stage of his journey to Guam. Image: WikiLeaks

    This post was originally published on Asia Pacific Report.

  • New York, June 24, 2024— The Committee to Protect Journalists welcomes reports that WikiLeaks founder Julian Assange will be freed from prison in a plea deal with the United States Justice Department.

    “Julian Assange faced a prosecution that had grave implications for journalists and press freedom worldwide,” said CPJ CEO Jodie Ginsberg. “While we welcome the end of his detention, the U.S.’s pursuit of Assange has set a harmful legal precedent by opening the way for journalists to be tried under the Espionage Act if they receive classified material from whistleblowers. This should never have been the case.”

    According to news reports, Assange is expected to plead guilty to an Espionage Act charge of conspiring to unlawfully obtain and disseminate classified national defense information. 

    Assange is expected to return to his native Australia once the plea deal is finalized in federal court in the Mariana Islands, a U.S. commonwealth in the Western Pacific. 

    Assange was indicted on 17 counts under the Espionage Act and one count under the Computer Fraud and Abuse Act in relation to WikiLeaks publication of classified material, including the Iraq War logs. If convicted under these charges, he would have faced up to 175 years in prison

    CPJ has long opposed U.S. attempts to prosecute Assange and campaigned for his release jointly with other organizations.


    This content originally appeared on Committee to Protect Journalists and was authored by Arlene Getz/CPJ Editorial Director.

    This post was originally published on Radio Free.

  • On May 20, a two-judge panel of the High Court of England and Wales handed WikiLeaks founder and publisher Julian Assange a significant victory. Justice Jeremy Johnson and Dame Victoria Sharp granted him leave to appeal the U.K.’s extradition order on two grounds. The High Court will now schedule a hearing at which Assange will be allowed to argue that his rights to freedom of expression and to be…

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  • It was faint, but there was more than just a flicker of hope.  In the tormented (and tormenting) journey the WikiLeaks founder and publisher, Julian Assange, has endured, May 20, 2024 provided another pitstop.  As with many such stops over the years, it involved lawyers.  Many of them.

    The occasion was whether the UK High Court of Justice would grant Assange leave to appeal his extradition to the United States to face 18 charges, 17 hewn from the monstrous quarry that is the Espionage Act of 1917.  He is wanted for receiving and publishing classified US government materials comprising diplomatic cables, the files of those detained in Guantanamo Bay, and the wars in Iraq and Afghanistan.  Any computed sentence, glacially calculated at 175 years, would effectively spell his end.

    News on the legal front has often been discomforting for Assange and his supporters.  The US has been favoured, repeatedly, in various appeals, chalking up the lion’s share of victories since successfully overturning the decision by Judge Vanessa Baraitser to bar extradition in January 2021 on mental health grounds.  But Justice Johnson and Dame Victoria Sharp of the High Court of Justice in London promised to keep matters interesting.

    A key sticking point in the proceedings has been whether the First Amendment would protect Assange’s publishing activity in the course of any trial in the US.  The attitude from the central US prosecutor in the extradition proceedings, Gordon Kromberg, and former Secretary of State and ex-CIA director Mike Pompeo, has been one of hearty disapproval that it should.

    Pompeo’s remarks in an infamous April 2017 address as CIA director to the Center for Strategic and International Studies openly branded WikiLeaks “a hostile intelligence service” that proselytised in the cause of transparency and aided such powers as Russia.  Assange “and his kind” were “not in the slightest bit interested in improving civil liberties or enhancing personal freedom.  They have pretended that America’s First Amendment freedom shield them from justice.”  They were “wrong” to have thought so.

    On January 17, 2020, Kromberg submitted an affidavit to the UK district court that was eye opening on the subject.  The following remains salient: “Concerning any First Amendment challenge, the United States could argue that foreign nationals are not entitled to protections under the First Amendment, at least as it concerns national defense information, and even were they so entitled, that Assange’s conduct is unprotected because of his complicity in illegal acts and in publishing the names of innocent sources to their grave and imminent risk of harm.”

    In March 2024, the High Court curtly dismissed six of the nine arguments submitted by Assange in part of his effort to seek a review of the entire case.  The judges, anchoring themselves in the initial reasoning of the district court judge, refused to accept that he was being charged with a political offence, something barred by the US-UK Extradition Treaty, or that the CIA had breached lawyer-client privilege in having spied on him in the Ecuadorian embassy in London, not to mention the serious thought given to abduction and assassination.

    The judges gave the prosecution a heavy olive branch, implying that the case for extradition would be stronger if a number of assurances could be made by the US prosecution.  These were, in turn, that Assange be offered First Amendment protections, despite him not being deemed a journalist; that he not be prejudiced, both during the trial and in sentence, on account of his nationality, and that he not be subject to the death penalty. The insistence on such undertakings had a slightly unreal, woolly-headed air to them.

    On April 16, the US State Department filed the fangless assurances in a diplomatic note to the Crown Prosecution Service (CPS).  “Assange will not be prejudiced by reason of nationality with respect to which defenses he may seek to raise at trial and at sentencing.”  If extradited, he could still “raise and seek to rely upon at trial (which includes any sentencing hearing) the rights and protections given under the First Amendment of the Constitution of the United States.  A decision as to the applicability of the First Amendment is exclusively within the purview of the US Courts.”

    The US authorities further undertook to avoid seeking or imposing the death sentence. “The United States is able to provide such assurance as Assange is not charged with a death-penalty eligible offense, and the United States assures that he will not be tried for a death-eligible offense.”  This can only be taken as conjecture, given the latitude the prosecution has in laying further charges that carry the death penalty should Assange find himself in US captivity.

    In court, Edward Fitzgerald KC, representing Assange, explained with cold sobriety that such an assurance made no guarantee that Assange could rely on the First Amendment at trial. “It does not commit the prosecution to take the point, which gave rise to this court’s concerns, i.e. the point that as a foreign citizen he is not entitled to rely on the First Amendment, at least in relation to a national security matter.”  In any case, US courts were hardly bound by it, a point emphasised in the statement given by defence witness and former US district judge, Professor Paul Grimm.  It followed that the assurance was “blatantly inadequate” and “would cause the applicant prejudice on the basis of his nationality.”

    Written submissions to the court from Assange’s legal team also argued that discrimination “on grounds that a person is a foreigner, whether on the basis that they are a foreign national or a foreign citizen, is plainly within the scope of the prohibition [against extradition under the UK Extradition Act 2003].  ‘Prejudice at trial’ must include exclusion on grounds of citizenship from fundamental substantive rights that can be asserted at trial.  On the US argument, trial procedures could discriminate on grounds of citizenship.”

    In response, the US submitted arguments of a headshaking quality.  Through James Lewis KC, it was submitted that the High Court had erred in its March judgment in equating “prejudice on grounds of foreign nationality with discrimination on grounds of foreign citizenship”.  The UK Extradition Act mentions “nationality” in preference to “citizenship”.  These terms were not “synonymous”.

    According to Lewis, Article 10 of the European Convention of Human Rights (ECHR) protecting journalists and whistleblowers was qualified by conduct “within the tenets of reasonable and responsible journalism”. One factor in this context “whether it is reasonable and responsible is where the publication took place – inside a member state’s territory or outside a member state’s territory.”

    The prosecution’s written submissions summarise the points.  The First Amendment’s applicability to Assange’s case depended on “the components of (1) conduct on foreign (outside the United States of America) soil; (2) non-US citizenship; and (3) national defense information”. Assange, Lewis elaborated, “will be able to rely on it but that does not mean the scope will cover the conduct he is accused of.”

    The prosecution suggested that former US Army whistleblower Chelsea Manning, a vital source for WikiLeaks, had been unable to rely on the First Amendment, limiting the possibility that its protections could extend to covering Assange.

    Mark Summers KC, also representing Assange, was bemused. “The fact that Chelsea Manning was found in the end to have no substantial First Amendment claims tells you nothing at all.  She was a government employee, not a publisher.”

    He also made the point that “You can be a national without being a citizen [but] you cannot be a citizen without nationality.”  It followed that discrimination arising out of citizenship would result in discrimination based on nationality, and nothing adduced by the prosecution in terms of case law suggested otherwise.

    Unconvinced by the prosecution’s contorted reasoning, Dame Victoria Sharp agreed to grant leave to Assange to appeal on the grounds he is at risk of discrimination by virtue of his nationality, in so far as it affects his right to assert protections afforded by Article 10 of the ECHR and the First Amendment.

    It remains to be seen whether this legal victory for the ailing Australian will yield a sweet harvest rather than the bitter fruit it has.  He remains Britain’s most prominent political prisoner, held in unpardonable conditions, refused bail and subject to jailing conditions vicariously approved by those in Washington.  In the meantime, the public campaign to drop the indictment and seek his liberation continues to ripen.

    The post The Assange Case: A Flicker of Hope in the UK High Court first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • WikiLeaks founder Julian Assange may appeal an extradition order to the U.S., the U.K. High Court ruled on Monday. The 52-year-old Assange faces 17 charges of espionage and one charge of computer misuse due to WikiLeaks‘ publication of classified U.S. documents nearly 15 years ago. He has spent the last five years fighting extradition in London’s high-security Belmarsh Prison. “The High Court’s…

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  • Seg3 assange

    WikiLeaks founder Julian Assange on Monday won the right to appeal his extradition to the United States. Assange’s lawyers argued before the British High Court that the U.S. government provided “blatantly inadequate” assurances that Assange would have the same free speech protections as an American citizen if extradited from Britain. Assange has spent more than a decade facing the threat of extradition to the U.S., where he faces up to 175 years in prison for publishing classified documents exposing U.S. war crimes in Iraq and Afghanistan. “This is a victory for Julian Assange in that he lives on to fight another day, his case lives on to fight another day. But he’s not out of Belmarsh [Prison] yet, and he’s not in the clear yet,” says Chip Gibbons, policy director of Defending Rights & Dissent. “This could still end in him being sent to the U.S. And the person who can stop this is Joe Biden and Merrick Garland.”


    This content originally appeared on Democracy Now! and was authored by Democracy Now!.

    This post was originally published on Radio Free.

  • Washington, D.C., May 20, 2024—The Committee to Protect Journalists welcomes the U.K. High Court’s Monday decision to allow WikiLeaks founder Julian Assange to appeal his extradition case.

    “We are heartened that WikiLeaks founder Julian Assange will be allowed to appeal his extradition to the United States,” said CPJ President Jodie Ginsberg, in New York. “Assange’s prosecution in the United States would have disastrous implications for press freedom. It is time for the United States Department of Justice to drop its harmful charges against Assange.”

    If extradited and convicted in the U.S., Assange’s lawyers have said that he faces up to 175 years in prison under the Espionage Act and the Computer Fraud and Abuse Act, although U.S. prosecutors have said the sentence would be much shorter.

    Last week, CPJ and partners sent a letter to Attorney General Merrick Garland urging the Justice Department to drop charges against the Wikileaks founder.


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

    This post was originally published on Radio Free.

  • The Committee to Protect Journalists led a coalition of civil society organizations urging the United States Department of Justice to drop charges against Wikileaks founder Julian Assange, who is currently being held in the U.K. pending a hearing on May 20 that could determine whether Assange is extradited to the U.S.

    In 2019, U.S. prosecutors indicted Assange on 17 criminal charges under the Espionage Act and a separate charge under the Computer Fraud and Abuse Act (CFAA) in connection to WikiLeaks’ publication of thousands of leaked military and diplomatic documents. Assange’s lawyers have said that Assange faces up to 175 years in prison, although U.S. prosecutors have said the sentence would be much shorter.

    The prosecution of Assange under these charges would have a chilling effect on press freedom globally, the statement warned.

    Read the full statement here:


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

    This post was originally published on Radio Free.

  • Only this month, the near comatose US President, Joe Biden, made a casual, castaway remark that his administration was “considering” the request by Australia that the case against Julian Assange be concluded.  The WikiLeaks founder has already spent five gruelling years in London’s Belmarsh prison, where he continues a remarkable, if draining campaign against the US extradition request on 18 charges, 17 incongruously and outrageously based on the US Espionage Act of 1917.

    Like readings of coffee grinds, his defenders took the remark as a sign of progress.  Jennifer Robinson, a longtime member of Assange’s legal team, told Sky News Australia that Biden’s “response, this is what we have been asking for over five years.  Since 2010 we’ve been saying this is a dangerous precedent that’s being set.  So, we certainly hope it was a serious remark and the US will act on it.” WikiLeaks editor-in-chief Kristinn Hrafnsson found the mumbled comment from the president “extraordinary”,  hoping “to see in the coming days” whether “clarification of what this means” would be offered by the powerful.

    On April 14, the Wall Street Journal reported that Canberra had asked their US counterparts whether a felony plea deal could be reached, enabling the publisher to return to Australia.  “Prosecutors and a lawyer for Assange have discussed a range of potential deals, including those that include pleading guilty to a felony under the espionage law under which he was indicted, and those of conspiring to mishandle classified information, which would be a misdemeanor, people familiar with the matter have said.”

    Last month, the UK High Court gave what can only be regarded as an absurd prescription to the prosecution should they wish to succeed.  Extradition would be unlikely to be refused if Assange was availed of protections offered by the First Amendment (though rejecting claims that he was a legitimate journalist), was guaranteed not to be prejudiced, both during the trial and in sentence on account of his nationality, and not be subject to the death penalty.  That such directions were even countenanced shows the somewhat delusionary nature of British justices towards their US counterparts.

    On April 16, Assange’s supporters received confirmation that the extradition battle, far from ending, would continue in its tormenting grind.  Not wishing to see the prospect of a full hearing of Assange’s already hobbled arguments, the US State Department, almost to the hour, filed the assurances in a diplomatic note to the Crown Prosecution Service (CPS).  “Assange,” the US Embassy in London claimed with aping fidelity to the formula proposed by the High Court, “will not be prejudiced by reason of nationality with respect to which defenses he may seek to raise at trial and at sentencing.”

    Were he to be extradited, “Assange will have the ability to raise and seek to rely upon at trial (which includes any sentencing hearing) the rights and protections given under the First Amendment of the Constitution of the United States.”  An obvious caveat, and one that should be observed with wary consideration by the High Court judges, followed.  “A decision as to the applicability of the First Amendment is exclusively within the purview of the US Courts.”

    The US embassy also promised that, “A sentence of death will neither be sought nor imposed on Assange.  The United States is able to provide such assurance as Assange is not charged with a death-penalty eligible offense, and the United States assures that he will not be tried for a death-eligible offense.”  This undertaking does not dispel the threat of Assange being charged with additional offences such as traditional espionage, let alone aiding or abetting treason, which would carry the death penalty.

    In 2020, Gordon Kromberg, the chief Department of Justice prosecutor behind the case, told the Central Criminal Court of England and Wales that the US “could argue that foreign nationals are not entitled to protections under the First Amendment, at least as it concerns national defense information.”  There was also the likelihood that Assange, in allegedly revealing the names of US intelligence sources thereby putting them at risk of harm, would also preclude the possibility of him relying on such protections.

    That the zealous Kromberg will be fronting matters should Assange reach US shores is more than troubling.  Lawyers and civil rights activists have accused him of using the Eastern District Court of Virginia for selective and malicious prosecutions.  As Murtaza Hussain of The Intercept observed with bleak accuracy in July 2021, “[r]ather than being pushed into obscurity by these efforts, today he is serving as a key figure in one of the most important civil liberties cases in the world.”

    The High Court also acknowledged Kromberg’s views at trial regarding the possibility that the First Amendment did not cover foreign nationals.  “It can fairly be assumed that [Kromberg] would not have said that the prosecution ‘could argue that foreign nationals are not entitled to protections under the First Amendment’ unless that was a tenable argument that the prosecution was entitled to deploy with real prospect of success.”  These latest assurances do nothing to change that fact.

    A post from Assange’s wife, Stella, provided a neat and damning summary of the embassy note.  “The United States has issued a non-assurance in relation to the First Amendment, and a standard assurance in relation to the death penalty. It makes no undertaking to withdraw the prosecution’s previous assertion that Julian has no First Amendment rights because he is not a US citizen.  Instead, the US has limited itself to blatant weasel words claiming that Julian can ‘seek to raise’ the First Amendment if extradited.”

    Whether the justices are duly satisfied by the latest diplomatic manoeuvre, one non-binding in any tangible or true sense on prosecutors and judges in the US, awaits testing in the hearing on May 20.  For Assange, the wheels of judicial torture have been prolonged.

    The post Faulty Assurances: The Judicial Torture of Assange Continues first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • Walking stiffly, largely distracted, and struggling to focus on the bare essentials, US President Joe Biden was keeping company with his Japanese counterpart, Prime Minister Fumio Kishida, when asked the question.  It concerned what he was doing regarding Australia’s request that the WikiLeaks founder Julian Assange be returned to Australia.

    Assange, who has spent five tormenting years in Belmarsh Prison in London, is battling extradition to the US on 18 charges, 17 tenuously and dangerously based on the US Espionage Act of 1917.

    The words that followed from the near mummified defender of the Free World were short, yet bright enough for the publisher’s supporters.  “We’re considering it.”  No details were supplied.

    To these barest of crumbs came this reaction from from Australian Prime Minister Anthony Albanese on ABC’s News Breakfast: “We have raised on behalf of Mr Assange, Australia’s national interest, that enough is enough, that this needs to be brought to a conclusion, and we’ve raised it at each level of government in every possible way.”  When pressed on whether this was merely an afterthought from the president, Albanese responded with the usual acknowledgments: the case was complex, and responsibility lay with the US Department of Justice.

    One of Assange’s lawyers, the relentless Jennifer Robinson, told Sky News Australia of her encouragement at Biden’s “response, this is what we have been asking for over five years.  Since 2010 we’ve been saying this is a dangerous precedent that’s being set.  So, we certainly hope it was a serious remark and the US will act on it.”  Assange’s brother, Gabriel Shipton, also told Sky News that the statement was significant while WikiLeaks editor-in-chief, Kristinn Hrafnsson thought the utterance “extraordinary”, cautiously hoping “to see in the coming days” whether “clarification of what this means” would be offered by “those in power” and the press corps.

    The campaign to free Assange has burgeoned with admirable ferocity.  The transformation of the WikiLeaks founder from eccentric, renegade cyber thief deserving punishment to prosecuted and persecuted scribbler and political prisoner has been astonishing.

    The boggling legal process has also been shown up as woefully inadequate and scandalous, a form of long-term torture via judicial torment and deprivation.  The current ludicrous pitstop entails waiting for a UK Court of Appeal decision as to whether Assange will be granted leave for a full reconsideration of his case, including the merits of the extradition order itself.

    The March 26 Court of Appeal decision refused to entertain the glaringly obvious features of the case: that Assange is being prosecuted for his political views, that due process is bound to be denied in a country whose authorities have contemplated his abduction and murder, and that he risks being sentenced for conduct he is not charged with “based on evidence he will not see and which may have been unlawfully obtained.”  The refusal to entertain such material as the Yahoo News article from September 2021 outlining the views of intelligence officials on kidnapping and assassination options again cast the entire affair in a poor light.

    Even if Assange is granted a full hearing, it is not clear whether the court will go so far as to accept the arguments.  The judges have already nobbled the case by offering US prosecutors the chance to offer undertakings, none of which would or could be binding on the DOJ or any US judge hearing the case.  Extradition, in other words, is likely to be approved if Assange is “permitted to rely on the First Amendment”, “is not prejudiced at trial (including sentence) by reason of his nationality” and that he “is afforded the same First Amendment protection as a United States citizen, and that the death penalty not be imposed”.  These conditions, on the face of it, look absurd in their naïve presumption.

    Whether Biden’s latest casual spray lends any credibility to a change of heart remains to be seen.  In December 2010, when Vice President in the Obama administration, Biden described Assange as a “high-tech terrorist” for disclosing State Department cables.  He failed to identify any parallels with previous cases of disclosures such as the Pentagon papers.

    Craig Murray, former British diplomat and Assange confidant, adds a note of cautious sobriety to the recent offering from the president: “I’m not going to get too hopeful immediately on a few words out of the mouth of Biden, because there has been no previous indication, nothing from the Justice Department so far to indicate any easing up.”

    For all that, it may well be that the current administration, facing a relentless publicity campaign from human rights organisations, newspapers, legal and medical professionals, not to mention pressure from both his own party in Congress and Republicans, is finally yielding.  Caution, however, is the order of the day, and nothing should be read or considered in earnest till signatures are inked and dried.  We are quite a way off from that.

    The post Flicker of Hope: Biden’s Throwaway Lines on Assange first appeared on Dissident Voice.

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  • WikiLeaks publisher Julian Assange is closer than ever to being extradited to the United States for trial on 17 counts under the Espionage Act and one count of conspiracy to commit computer intrusion over WikiLeaks’s 2010-2011 revelation of evidence of U.S. war crimes in Iraq, Afghanistan and Guantánamo Bay. He faces 175 years in prison. “This is a signal to all of you that if you expose the…

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  • What is it about British justice that has a certain rankness to it, notably when it comes to dealing with political charges?  The record is not good, and the ongoing sadistic carnival that is the prosecution (and persecution) of Julian Assange continues to provide meat for the table.

    Those supporting the WikiLeaks publisher, who faces extradition to the United States even as he remains scandalously confined and refused bail in Belmarsh Prison, had hoped for a clear decision from the UK High Court on March 26.  Either they would reject leave to appeal the totality of his case, thereby setting the wheels of extradition into motion, or permit a full review, which would provide some relief.  Instead, they got a recipe for purgatorial prolongation, a tormenting midway that grants the US government a possibility to make amends in seeking their quarry.

    A sinking sense of repetition was evident.  In December 2021, the High Court overturned the decision of the District Court Justice Vanessa Baraitser to bar extradition on the weight of certain assurances provided by the US government.  Her judgment had been brutal to Assange in all respects but one: that extradition would imperil his life in the US penal system, largely due to his demonstrated suicidal ideation and inadequate facilities to cope with that risk.

    With a school child’s gullibility – or a lawyer’s biting cynicism – the High Court judges accepted assurances from the Department of Justice (DOJ) that Assange would not face the crushing conditions of detention in the notorious ADX Florence facility or suffer the gagging restrictions euphemised as Special Administrative Measures.  He would also receive the appropriate medical care that would alleviate his suicide risk and face the prospect of serving the balance of any sentence back in Australia.  The refusal to look behind the mutability and fickle nature of such undertakings merely passed the judges by.  The March 26 judgment is much in keeping with that tradition.

    The grounds for Assange’s team numbered nine in total entailing two parts.  Some of these should be familiar to even the most generally acquainted reader.  The first part, comprising seven grounds, argues that the decision to send the case to the Home Secretary was wrong for: ignoring the bar to extradition under the UK-US Extradition Treaty for political offences, which Assange is being sought for; that his prosecution is for political opinions; that the extradition is incompatible with article 7 of the European Convention on Human Rights (ECHR) noting that there should be no punishment without law; that the process is incompatible with article 10 of the ECHR protecting freedom of expression; that prejudice at trial would follow by reason of his non-US nationality; that the right to a fair trial, protected by article 6 of the ECHR, was not guaranteed; and that the extradition is incompatible with articles 2 and 3 of the ECHR (right to life, and prohibiting inhuman and degrading treatment).

    The second part of the application challenged the UK Home Secretary’s decision to approve the extradition, which should have been barred by the treaty between the UK and US, and on the grounds that there was “inadequate specialty/death penalty protection.”

    In this gaggle of imposing, even damning arguments, the High Court was only moved by three arguments, leaving much of Baraitser’s reasons untouched.  Assange’s legal team had established an arguable case that sending the case to the Home Secretary was wrong as he might be prejudiced at trial by reason of his nationality.  Following from that “but only as a consequence of that”, extradition would be incompatible with free speech protections under article 10 of the ECHR.  An arguable case against the Home Secretary’s decision could also be made as it was barred by inadequate specialty/death penalty protection.

    What had taken place was a dramatic and savage pruning of a wholesome challenge to a political persecution garishly dressed in legal drag.  On the issue of whether Assange was being prosecuted for his political opinions, the Court was happy to accept the woeful finding by Baraitser that he had not.  The judge was “entitled to reach that conclusion on the evidence before her, and on the unchallenged sworn evidence of the prosecutor (which refutes the applicant’s case).”  While accepting the view that Assange “acted out of political conviction”, the extradition was not being made “on account of his political views.”  Again, we see the judiciary avoid the facts staring at it: that the exposure of war crimes, atrocities, torture and various misdeeds of state are supposedly not political at all.

    Baraitser’s assessment on the US Espionage Act of 1917, that cruel exemplar of war time that has become peacetime’s greater suppressor of leakers and whistleblowers, was also spared necessary laceration.  The point missed in both her judgment and the latest High Court ruling is a seeming inability to accept that the Act is designed to circumvent constitutional protections, a point made from the outset by the brave Wisconsin Republican Senator Robert M. La Follette.

    On the issue of whether Assange would be denied due process in that he could not foresee being prosecuted for publishing classified documents in 2010, the view that US courts are “alive to the issues of vagueness and overbreadth in relation” to the Act misses the point.  It hardly assures Assange that he would not be subject “to a real risk of a flagrant denial” of rights protected by article 7 of the ECHR, let alone the equivalent Fifth Amendment of the US Constitution.

    The matter of Assange being denied a fair trial should have been obvious, evidenced by such prejudicial remarks by senior officials (that’s you Mike Pompeo) on his presumed guilt, tainted evidence, a potentially biased jury pool, and coercive plea bargaining.  He could or would also be sentenced for conduct he had not been charged with “based on evidence he will not see and which may have been unlawfully obtained.”  Instead, Baraitser’s negative finding was spared its deserved flaying.  “We, like the judge, consider the article 6 objections raised by the applicants have no arguable merit, from which it follows that it is not arguable that his extradition would give rise to a flagrant denial of his fair trial rights.”

    Of enormous, distorting significance was the refusal by the High Court to accept “fresh evidence” such as the Yahoo News article from September 2021 outlining the views of intelligence officials on the possible kidnapping and even assassination of Assange. To this could be added a statement from US attorney Joshua Dratel who pertinently argued that designating WikiLeaks a “non-state hostile intelligence service” was intended “to place [the applicant] outside any cognizable legal framework that might protect them from the US actions based on purported ‘national security’ imperatives”.

    A signed witness statement also confirmed that UC Global, the Spanish security firm charged by the CIA to conduct surveillance of Assange in the Ecuadorian embassy in London, had means to provide important information for “options on how to assassinate” Assange.

    Instead of considering the material placed before them as validating a threat to Assange’s right to life, or the prospect of inhuman or degrading treatment or punishment, the High Court justices speculated what Baraitser would have done if she had seen it.  Imaginatively, if inexplicably, the judges accepted her finding that the conduct by the CIA and UC Global regarding the Ecuadorian embassy had no link with the extradition proceedings.  With jaw dropping incredulity, the judges reasoned that the murderous, brutal rationale for dealing with Assange contemplated by the US intelligence services “is removed if the applicant is extradited.”  In a fit of true Orwellian reasoning, Assange’s safety would be guaranteed the moment he was placed in the custody of his would-be abductors and murderers.

    The High Court was also generous enough to do the homework for the US government by reiterating the position taken by their brother judges in the 2021 decision.  Concerns about Assange’s mistreatment would be alleviated by granting “assurances (that the applicant is permitted to rely on the First Amendment, that the applicant is not prejudiced at trial (including sentence) by reason of his nationality, that he is afforded the same First Amendment protection as a United States citizen, and that the death penalty not be imposed).”  Such a request is absurd for presuming, not only that the prosecutors can be held to their word, but that a US court would feel inclined to accept the application of the First Amendment, let alone abide by requested sentencing requirements.

    The US government has been given till April 16 to file assurances addressing the three grounds, with further written submissions in response to be filed by April 30 by Assange’s team, and May 14 by the Home Secretary.  Another leave of appeal will be entertained on May 20.  If the DOJ does not provide any assurances, then leave to appeal will be granted.  The accretions of obscenity in the Assange saga are set to continue.

    The post Purgatorial Torments: Assange and the UK High Court first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • The interminable and abhorrent saga of Julian Assange’s incarceration for the crime of journalism continues. And once again, the headline news is a lie, one designed both to buy our passivity and to buy more time for the British and US establishments to keep the Wikileaks founder permanently disappeared from view.

    The Guardian – which has a mammoth, undeclared conflict of interest in its coverage of the extradition proceedings against Assange (you can read about that here and here) – headlined the ruling by the UK High Court today as a “temporary reprieve” for Assange. Nothing could be further from the truth.

    Five years on, Assange is still caged in Belmarsh high-security prison, convicted of absolutely nothing.

    Five years on, he still faces a trial in the US on ludicrous charges under a century-old, draconian piece of legislation called the Espionage Act. Assange is not a US citizen and none of the charges relate to anything he did in the US.

    Five years on, the English judiciary is still rubber-stamping his show trial – a warning to others not to expose state crimes, as Assange did in publishing details of British and US war crimes in Afghanistan and Iraq.

    Five years on, judges in London are still turning a blind eye to Assange’s sustained psychological torture, as the former United Nations legal expert Nils Melzer has documented.

    The word “reprieve” is there – just as the judges’ headline ruling that some of the grounds of his appeal have been “granted” – to conceal the fact that he is prisoner to an endless legal charade every bit as much as he is a prisoner in a Belmarsh cell.

    In fact, today’s ruling is yet further evidence that Assange is being denied due process and his most basic legal rights – as he has been for a decade or more.

    In the ruling, the court strips him of any substantive grounds of appeal, precisely so there will be no hearing in which the public gets to learn more about the various British and US crimes he exposed, for which he is being kept in jail. He is thereby denied a public-interest defence against extradition. Or in the court’s terminology, his “application to adduce fresh evidence is refused”.

    Even more significantly, Assange is specifically stripped of the right to appeal on the very legal grounds that should guarantee him an appeal, and should have ensured he was never subjected to a show trial in the first place. His extradition would clearly violate the prohibition in the Extradition Treaty between the UK and the US against extradition on political grounds.

    Nonetheless, in their wisdom, the judges rule that Washington’s vendetta against Assange for exposing its crimes is not driven by political considerations. Nor apparently was there a political factor to the CIA’s efforts to kidnap and assassinate him after he was granted political asylum by Ecuador, precisely to protect him from the US administration’s wrath.

    What the court “grants” instead are three technical grounds of appeal – although in the small print, that “granted” is actually subverted to “adjourned”. The “reprieve” celebrated by the media – supposedly a victory for British justice – actually pulls the legal rug from under Assange.

    Each of those grounds of appeal can be reversed – that is, rejected – if Washington submits “assurances” to the court, however worthless they may end up being in practice. In which case, Assange is on a flight to the US and effectively disappeared into one of its domestic black sites.

    Those three pending grounds of appeal on which the court seeks reassurance are that extradition will not:

    • deny Assange his basic free speech rights;
    • discriminate against him on the basis of his nationality, as a non-US citizen;
    • or place him under threat of the death penalty in the US penal system.

    The judiciary’s latest bending over backwards to accommodate Washington’s intention to keep Assange permanently locked out of view follows years of perverse legal proceedings in which the US has repeatedly been allowed to change the charges it is levelling against Assange at short notice to wrong-foot his legal team. It also follows years in which the US has had a chance to make clear its intention to provide Assange with a fair trial but has refused to do so.

    Washington’s true intentions are already more than clear: the US spied on Assange’s every move while he was under the protection of the Ecuadorian embassy, violating his lawyer-client privilege; and the CIA plotted to kidnap and assassinate him.

    Both are grounds that alone should have seen the case thrown out.

    But there is nothing normal – or legal – about the proceedings against Assange. The case has always been about buying time. To disappear Assange from public view. To vilify him. To smash the revolutionary publishing platform he founded to help whistleblowers expose state crimes. To send a message to other journalists that the US can reach them wherever they live should they try to hold Washington to account for its criminality.

    And worst of all, to provide a final solution for the nuisance Assange had become for the global superpower by trapping him in an endless process of incarceration and trial that, if it is allowed to drag on long enough, will most likely kill him.

    Today’s ruling is most certainly not a “reprieve”. It is simply another stage in a protracted, faux-legal process designed to provide constant justifications for keeping Assange behind bars, and never-ending postponements of judgment day, when either Assange is set free or the British and US justice systems are exposed as hand servants of brutish, naked power.

    The post Assange’s ‘reprieve’ is another lie, hiding the real goal of keeping him endlessly locked up first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • Washington, D.C., March 26, 2024—The Committee to Protect Journalists welcomes the British High Court’s Tuesday ruling, which could allow Wikileaks founder Julian Assange to contest his extradition to the United States.

    According to the court’s decision, the U.S. government has three weeks to give assurances that Assange will be able to rely on First Amendment rights of the U.S. Constitution and to confirm whether he would be subjected to the death penalty. If the U.S. fails to provide proper assurances, Assange will be granted permission to appeal his extradition. 

    The next hearing is scheduled for May 20. The U.S. assurances must be filed by April 16, according to the court documents.

    “We are glad that the extradition of WikiLeaks founder Julian Assange to the United States will be delayed,” said CPJ CEO Jodie Ginsberg, in New York. “His prosecution in the U.S. under the Espionage Act would have disastrous implications for press freedom. It is time that the U.S. Justice Department put an end to all these court proceedings and dropped its dogged pursuit of the WikiLeaks founder.”

    In 2019, U.S. prosecutors indicted Assange on 17 criminal charges under the Espionage Act and a separate charge under the Computer Fraud and Abuse Act (CFAA) in connection to WikiLeaks’ publication of thousands of leaked military and diplomatic documents. Assange’s lawyers have said that Assange faces up to 175 years in prison although U.S. prosecutors have said the sentence would be much shorter.

    In 2021, the U.K. High Court ruled that Assange should be extradited, and that decision was approved by the government in June 2022.

    Assange’s legal team separately submitted an appeal to the European Court of Human Rights in December 2022 and launched a case against Britain at the ECHR, seeking to stave off his extradition to the U.S. should he exhaust his appeals in U.K. courts.

    The Wall Street Journal reported on March 20 that the Justice Department is considering whether to allow a plea deal for Assange, in which the Wikileaks founder would plead guilty to a reduced charge of mishandling classified information. However, the article noted, the discussions remain in flux.

    Assange has been held in the U.K.’s Belmarsh prison since Ecuadoran officials revoked his asylum status in their London embassy, allowing British police in to arrest him on April 11, 2019.


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

    This post was originally published on Radio Free.

  • The UK High Court has ruled that jailed publisher Julian Assange MAY be able to stop his extradition to the US – but only if judges think any assurances given by the US over free speech and the death penalty are NOT satisfactory. If the US assurances ARE satisfactory to the judges, then they have said that Assange’s team can make further submissions before a final ruling.

    Assange: a three week window of time

    On Tuesday 26 March the Wikileaks founder was in the High Court to hear the outcome of his February appeal hearing. This might have been his last chance to prevent the UK state extraditing him to the US.

    Just after 10:30am, judges ruled that the US government has three weeks to give them ‘satisfactory assurances’ about free speech protections, and that he would not face the death penalty if convicted:

    This thread from journalist Charlie Moloney explains the situation well:

    The judges in London said Assange had “a real prospect of success” on three of his nine grounds of appeal.

    Victoria Sharp and Jeremy Johnson gave Washington three weeks to provide fresh assurances over concerns he will be prejudiced at trial because he is not an American citizen and that he could face the death penalty if convicted. The judges’ ruling stated:

    Before making a final decision on the application for leave to appeal, we will give the respondent an opportunity to give assurances.

    If assurances are not given then we will grant leave to appeal without a further hearing.

    If assurances are given then we will give the parties an opportunity to make further submissions before we make a final decision.

    The Canary has extensively documented Assange’s case. He has been confined in the high-security Belmarsh Prison since he was arrested on a US extradition request on 11 April 2019. Since then, it has become clear that his charges, his incarceration, and the US state’s attempted extradition of him amount to not only a witch hunt and human rights violations, but an attempt to set a precedent regarding the freedom of journalists and publishers.

    Multiple twists and turns

    Assange’s case has had multiple twists and turns:

    • In 2017, US congressman Dana Rohrabacher met with the WikiLeaks founder in the Ecuadorian Embassy in London, to offer him a deal. Robinson was present at the meeting. Rohrabacher wanted Assange to provide evidence that Russia did not hack the Democratic National Committee emails. At the time, president Donald Trump was under investigation as part of the Mueller inquiry into alleged Russian interference in the 2016 election. Rohrabacher told Assange that if he agreed to provide the evidence, Trump would arrange a pardon or protection against extradition. But Assange was not prepared to name the source of the leak. An indictment followed.
    • UN special rapporteur on torture Nils Melzer concluded in 2019 that Assange had been subjected to “torture”.
    • In May 2020 details of the notorious Special Administrative Measures (SAMs) that Assange would likely be subject to if extradited to the US were published by the Canary. According to one report SAMs are “the darkest corner of the U.S. federal prison system, combining the brutality and isolation of maximum security units with additional restrictions that deny individuals almost any connection to the human world”.
    • In January 2021, a judge ruled that Assange’s extradition was disallowed on health grounds and the risk that he could take his own life.
    • Meanwhile, in October 2021 news emerged that the CIA planned to kidnap and kill Assange in London.
    • In December 2021 the US appealed the extradition decision, offering an ‘assurance’ that, according to Assange’s lawyer, US authorities would not “place him under SAMs unless they decide he later deserves it”. The magistrate then ruled that the extradition could go ahead after all, once the home secretary approves it.
    • In June 2022, then UK home secretary Priti Patel agreed that Assange could be extradited.
    • Further appeals from Assange’s legal team followed – and failed.
    • Of the 18 charges listed against Assange, one is simply about measures taken by any journalist to protect a source – in this instance Chelsea Manning. The other charges merely relate to receiving and publishing of information and so violate a journalist’s freedom of expression.

    Now, Assange will once again have the chance to appeal the UK state’s verdict to extradite him.

    As the Canary previously wrote:

    This is not a case just about Assange. The freedom of every independent journalist and publisher who are brave enough to challenge corporate, capitalist, and colonial powers is at stake. To stay silent now is to mark your place on the wrong side of history.

    Additional reporting via Agence France-Presse

    Featured image via the Canary

    By Steve Topple

    This post was originally published on Canary.

  • Be wary of what Washington offers in negotiations at the best of times.  The empire gives and takes when it can; the hegemon proffers and in equal measure withdraws offers it deems fit.  This is all well known to the legal team of WikiLeaks’ founder Julian Assange, who, the Wall Street Journal “exclusively” reveals, is in ongoing negotiations with US Justice Department officials on a possible plea deal.

    As things stand, the US Department of Justice is determined to get its mitts on Assange on the dubious strength of 18 charges, 17 confected from the brutal Espionage Act of 1917.  Any conviction from these charges risks a 175-year jail term, effectively constituting a death sentence for the Australian publisher.

    The war time statute, which was intended to curb free speech and muzzle the press for the duration of the First World War, was assailed by Wisconsin Republican Senator Robert La Follette as a rotten device that impaired “the right of the people to discuss the war in all its phases”.  It was exactly in time of war that the citizen “be more alert to the preservation of his right to control his government.  He must be most watchful of the encroachment of the military upon the civil power.”  And that encroachment is all the more pressing, given the Act’s repurposing as a weapon against leakers and publishers of national security material.  In its most obscene incarnation, it has become the US government’s political spear against a non-US national who published US classified documents outside the United States.

    The plea deal idea is not new.  In August last year, the Sydney Morning Herald pounced upon comments from US Ambassador to Australia Caroline Kennedy that a “resolution” to the Assange imbroglio might be on the table. “There is a way to resolve it,” the ambassador suggested at the time.  Any such resolution could involve a reduction of any charges in favour of a guilty plea, subject to finalisation by the Department of Justice.  Her remarks were heavily caveated: this was more a matter for the DOJ than the State Department or any other agency. “So it’s not really a diplomatic issue, but I think there absolutely could be a resolution.”

    The WSJ now reports that officials from the DOJ and Assange’s legal team “have had preliminary discussions in recent months about what a plea deal could look like to end the lengthy legal drama”.  These talks “remain in flux” and “could fizzle.”  Redundantly, the Journal reports that any such agreement “would require approval at the highest levels of the Justice Department.”

    Barry Pollack, one of Assange’s legal representatives, has not been given any indication that the department would, as such, accept the deal, a point he reiterated to Consortium News: “[W]e have been given no indication that the Department of Justice intends to resolve the case.”

    One floated possibility would be a guilty plea on a charge of mishandling classified documents, which would be classed as a misdemeanour.  Doing so would take some of the sting out of the indictment, which is currently thick with felonies and one conspiracy charge of computer intrusion.  “Under the deal, Assange could potentially enter that plea remotely, without setting foot in the US.”  Speculation from the paper follows.  “The time he has spent behind bars in London would count toward any US sentence, and he would be likely to be free to leave prison shortly after any deal has concluded.”

    With little basis for the claim, the report lightly declares that the failure of plea talks would not necessarily be a bad thing for Assange.  He could still “be sent to the US for trial”, where “he may not stay for long, given the Australia pledge.” The pledge in question is part of a series of highly questionable assurances given to the UK government that Assange’s carceral conditions would not include detention in the supermax ADX Florence facility, the imposition of notorious Special Administrative Measures, and the provision of appropriate healthcare.  Were he to receive a sentence, it would be open to him to apply and serve its balance in Australia.  But all such undertakings have been given on condition that they can be broken, and transfer deals between the US and other countries have been plagued by delays, inconsistencies, and bad faith.

    The dangers and opportunities to Assange have been bundled together, a sniff of an idea rather than a formulation of a concrete deal.  And deals can be broken. It is hard to imagine that Assange would not be expected to board a flight bound for the United States, even if he could make his plea remotely.  Constitutional attorney Bruce Afran, in an interview with CN Live! last August, suggested that a plea, taken internationally, was “not barred by any laws.  If all parties consent to it, then the court has jurisdiction.” Yes, but what then?

    In any event, once on US soil, there is nothing stopping a grand volte face, that nasty legal practice of tagging on new charges that would carry even more onerous penalties.  It should be never forgotten that Assange would be delivered up to a country whose authorities had contemplated, at points, abduction, illegal rendition, and assassination.

    Either way, the current process is one of gradual judicial and penal assassination, conducted through prolonged proceedings that continue to assail the publisher’s health even as he stays confined to Belmarsh Prison.  (Assange awaits the UK High Court’s decision on whether he will be granted leave to appeal the extradition order from the Home Office.)  The concerns will be how to spare WikiLeaks founder further punishment while still forcing Washington to concede defeat in its quest to jail a publisher.  That quest, unfortunately, remains an ongoing one.

    The post Julian Assange and the Plea Nibble first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • In March 2023, when my book on the case against Julian Assange was published, the detained WikiLeaks founder was waiting to find out if an appeals court in London would allow him to appeal extradition to the United States.

    Now, Guilty of Journalism: The Political Case Against Julian Assange [review] has been available on bookshelves for one year—and Assange still does not know if he has permission to appeal.

    Such limbo has developed into a feature of the prosecution against Assange. The march of time whittles away at Assange while cold-blooded authorities keep him in arbitrary detention.

    Assange was 38 years of age when WikiLeaks garnered praise for publishing disclosures from US Army whistleblower Chelsea Manning. Assange was an ardent, nimble, and sharp-witted advocate for the truth. But at 52, Assange is increasingly frail as delays in proceedings compound physical and mental health problems that he must endure in Belmarsh prison.

    President Joe Biden’s administration may prefer the limbo to an unprecedented trial that will invite global condemnation. No Biden official has expressed any reservations when it comes to charging Assange.

    Biden officials still sidestep reporters, who ask why the US government won’t drop the charges against Assange. Biden’s National Security Council spokesperson said in October, “This is something the Justice Department is handling, and I think it’s better if you go to them on that.”

    But the State Department has not always been so disciplined. On World Press Freedom Day in 2023, State Department spokesperson Verdant Patel endorsed the prosecution that was launched under President Donald Trump.

    “The State Department thinks that Mr. Assange has been charged with serious criminal conduct in the United States, in connection with his alleged role in one of the largest compromises of classified information in our nation’s history. His actions risked serious harm to U.S. national security to the benefit of our adversaries,” Patel stated.

    Patel added, “It put named human sources to grave and imminent risk and risk of serious physical harm and arbitrary detention.”

    What the State Department uttered was familiar. This is how officials responded when WikiLeaks first published US diplomatic cables in 2010.

    To be clear, Assange’s “role” was that of a publisher who received documents from Manning and engaged in standard newsgathering activities.

    A 2011 Associated Press review of sources, whom the State Department claimed were most at risk from publication of the cables, uncovered no evidence that any person was threatened. In fact, the potential for harm was “strictly theoretical.”

    Despite the stagnation of the case against Assange, an international movement to free him has only grown stronger. Lawmakers in the United States, United Kingdom, Australia, and Mexico sent letters to Attorney General Merrick Garland demanding an end to the case.

    Twenty unions affiliated with the European Federation of Journalists showed solidarity by granting Assange honorary membership in each of their organizations.

    On March 4, German Chancellor Olaf Scholz said that he hoped the British courts would block extradition, which is remarkable given Germany’s status as a powerful NATO country.

    More significantly, Australian Prime Minister Anthony Albanese backed a motion passed by the Australian Parliament that called on the US government—a close military and intelligence partner—to “bring the matter to a close” so that Assange may return home to his country.

    Assange is one of the world’s most well-known political prisoners. If the US government puts the WikiLeaks founder on trial, it will not only threaten the First Amendment in the United States but also imperil investigative journalism everywhere around the world.

    It is unlikely that the legal system in the United Kingdom or the United States will save us from the damage to global press freedom that officials are inflicting on our collective rights. To prevent further damage, we will have to find a way to shame the US government into abandoning the case. Otherwise, even more of us may find ourselves prosecuted for committing acts of journalism.

  • First published at Project Censored.
  • The post The Press Freedom Case of the Century first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • The town hall meeting is the last throbbing reminder of the authentic demos.  People gather; debates held.  Views converge; others diverge.  Speakers are invited to stir the invitees, provoke the grey cells.  Till artificial intelligence banishes such gatherings, and the digital cosmos swallows us whole, cherish these events.

    And there was much to cherish about Night Falls in the Evening Lands: The Assange Epic, part of a global movement to publicise the importance of freeing WikiLeaks founder, Julian Assange, who remains in the forbidding confines of Belmarsh Prison in London.  Held on March 9 in Melbourne’s Storey Hall, it was a salutatory minder that the publisher’s plight has become one of immediate concern.  Worn down by judicial process and jailed by a US surrogate power, he faces a vicious political indictment of 17 charges focused on the Espionage Act of 1917 and one on computer intrusion.  A UK High Court appeal on the matter of extradition hangs in the balance.

    The thematic nature of such events can be challenging.  One should never be too gloomy – and in Assange’s case, be it in terms of health, torture, injustice and pondered attempts by US intelligence officials to take his life or kidnap him – there is much to be gloomy about.  Bleakness should be allowed, but only in modest, stiff doses.  Try, as far as you can, to inject a note of encouraging humour into proceedings.  Humour unsettles the tyrannically inclined, punctures the ideologue’s confidence.  Then reflect, broadly, on the astonishing legacy on the subject and ask that vital question: Where to now?

    The sessions, superbly steered through by Mary Kostakidis (“Try to avoid lengthy preambles to your questions, please”), covered a fanned out universe: the nature of “imperial law” and extra-territorial jurisdiction; the stirring role of WikiLeaks in exposing state atrocities; the regenerative tonic Assange had given to an ungrateful, envious Fourth Estate; the healthy emergence of non-mainstream media; and the tactics necessary to convince politicians that the publisher’s release was urgently warranted.

    Two speakers were spear-sharp on both the legacy of Assange and what had to be done to secure his release.  The Greek former finance minister and rabble-rousing economist, Yanis Varoufakis, was encouraging on both scores.  A picture of pugilistic health, Varoufakis pondered “what Julian had taught” him.  People forget, Varoufakis reminded his audience, Assange’s genius as one of the original cypherpunks, able to build a website that has managed to weather hacking storms and stay afloat in treacherous digital waters.  Whistleblowers and leakers could be assured of anonymous contributions to the WikiLeaks website.

    He was also impressed by the man’s towering, almost holy integrity.  As much as they disagreed, he recalled, “and as much as I wanted to throttle the man”, he brimmed with intellectual self-worth and value.  On the subject of revealing his sources, quite contrary to the spirit and substance of the US indictment, Assange was scrupulous to a fault.  To betray any would endanger them.

    Most movingly, Varoufakis reflected on his own intellectual awakening when reading Assange’s meditations on the internet; how it might, just might, fracture the imperium of information guarded so closely by powerful interests.  Finally, the common citizenry would have at their disposal the means of returning the serve on spying and surveillance.  The digital mirror would enable us to see what they – the state operatives, their goons and their lickspittle adjutants – could see about us.  This was as significant to Varoufakis as George Orwell’s 1984 and Aldous Huxley’s Brave New World, books he read with some anxiety during the days of Greece’s military junta.

    On the nature of power – in this case, the menace posed by the US imperium – Australia had to be break free and embrace non-alignment.  With characteristic flavour, Varoufakis characterised Washington’s exertion of influence over its satellite states as that of a mafia gang: “They manufacture insecurity in order to sell protection.”  It was a brilliant formulation and goes to the centre of that infantile desire of Australian policy makers to endorse AUKUS, a dangerous military compact with the US and the UK that will mortgage the country to the sum of A$368 billion.

    Even assuming that this arrangement would remain in place, those in the nation’s capital, including Prime Minister Anthony Albanese, had to ask the fundamental question on Assange.  “Make it a condition of AUKUS that Assange returns to Australia,” insisted Varoufakis.  “And the powerful will respect you even if you disagree with them.”  To date, the PM had been a sore disappointment and hardly likely to be respected, even by the near comatose US President Joe Biden.

    Virility, however, may be returning.  That theme was evidenced in the sharp address from Greg Barns, a seasoned barrister and campaign strategist who has been involved in the WikiLeaks journey since 2012.  While drawing attention to the outrageous assertion of extra-territorial jurisdiction by Washington to target Assange, he saw much promise in the political dawn in Canberra.  A few years ago, he would never have envisaged being in a room where the Australian Greens leader, Adam Bandt, would be seated next to a fossil fuel advocate and Nationals senator, Matthew Cannavan.  “Beside Mr Green sat Mr Coal.”  Their common purpose: Assange’s release and the termination of a state of affairs so unacceptable it is no longer the talk of academic common rooms and specialist fora.

    For the audience and budding activists, Barns had sound advice.  Pester local political representatives.  Arrange meetings, preferably in groups, with the local member.  Remind them of the significance of the issue.  “Make it an alliance issue.”  There is nothing more worrying to a backbencher than concerned “traffic” through the electoral office that suggests a shift in voter sentiment.  “I will bet good odds that the treatment of Assange has made it into party room discussions,” declared Barns with certitude.

    In closing, Assange’s tireless father, John Shipton, washed his audience with gentle, meditative thoughts.  Much like a calming shaman, he journeyed through some of the day’s themes, prodding with questions.  Was AUKUS a bribe?  A tribute?  A payment for knowledge?  But with optimism, Shipton could feel hope about his son: “Specks of gold” had formed to stir consciousness in the executive.  Those in power were at long last listening.

    The post The Campaign to Free Assange: Reflections on Night Falls first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • The Australian founder of the website WikiLeaks, Julian Assange, has been fighting extradition to the U.S. from the U.K. since 2019 on charges that could strike a blow to press freedom globally.

    Here is CPJ’s briefing on the legal battle to extradite Assange, the charges he would face in the U.S., and why his prosecution is worrying for journalists in the U.S. and internationally.

    What are the charges against Assange?

    The 18 indictments against Assange stem from WikiLeaks’ obtainment and publication in 2010 of some 400,000 classified U.S. military documents relating to its involvement in wars in Iraq and Afghanistan. These leaks— the largest security breaches of their kind in U.S. military history—included a video showing the 2007 killing in Iraq of two Reuters journalists by a U.S. military airstrike.

    Prosecutors allege that Assange unlawfully published the names of classified sources and conspired with former U.S. Army intelligence analyst Chelsea Manning to obtain classified information.

    Manning was convicted in 2013 on espionage charges and served seven years in a military prison before President Barack Obama commuted the remainder of her sentence in 2017. Manning was again jailed in 2019 for refusing to testify before a grand jury investigating WikiLeaks and freed in 2020, as the judge said her detention was no longer serving “any coercive purpose.”

    Seventeen of the charges against Assange are under the 1917 Espionage Act, which has been increasingly used by the Department of Justice to prosecute whistleblowers, CPJ has documented. The other charge, under the Computer Fraud and Abuse Act, is that Assange “encouraged” Manning to leak classified information.

    If extradited and convicted in the U.S., Assange’s lawyers have said that he faces up to 175 years in prison, although U.S. prosecutors have said the sentence would be much shorter.

    When did the U.S. government indict Assange?

    The Justice Department in April 2019 unsealed an indictment accusing Assange of computer hacking under the Computer Fraud and Abuse Act. In May 2019, Assange was indicted on 17 counts of violating the Espionage Act for his role in obtaining and publishing classified U.S. government material. In June 2020, the U.S. filed a superseding indictment against Assange that broadened the scope of the computer hacking charges.

    While the leaks in question in these indictments were published while President Barack Obama was in office, his Justice Department notably declined to file charges against Assange due what it termed a “New York Times problem”—namely if it indicted Assange, a legal pathway would be created for the Justice Department to prosecute The New York Times, The Guardian, Der Spiegel, and other media outlets that published the classified logs. This could allow for the prosecution of any journalists who publish leaked documents.

    What’s at stake for journalism?

    CPJ has long spoken out against the prosecution of Assange and the implications for press freedom globally, and repeatedly called for the charges to be dropped, including in a 2010 letter to Obama and Attorney General Eric Holder.

    While Assange’s controversial diplomatic and military leaks have named and endangered vulnerable journalists, U.S. prosecution efforts have been described as “holding a gun to the head of investigative journalism.”

    The arguments used in the indictments against Assange could establish a legal pathway for the prosecution of journalists and severely weaken the First Amendment, which guarantees freedom of the press. Journalists’ right to report on matters of public interest without fear of censorship or retribution could be harmed.

    If Assange were found guilty of violating the Computer Fraud and Abuse Act, it could facilitate the criminalization of investigative journalists’ interactions with their sources.

    If Assange is extradited and prosecuted in the U.S. under the Espionage Act, it would allow the U.S. government to extradite any publisher of classified information from any country with which the U.S. has an extradition agreement. It would set a harmful precedent for governments worldwide, establishing a framework whereby states can pursue journalists through the courts, no matter where they are located.

    Furthermore, the prosecution of Assange in the U.S. would be a gift to authoritarian leaders who could cite Washington’s example the next time they wanted to jail an irksome journalist or publisher.

    How did Assange end up in the U.K.?

    Assange sought asylum in the Embassy of Ecuador in London in 2012 to avoid extradition to Sweden where he was wanted for questioning on allegations of rape and sexual assault, which he denied. Assange’s legal team feared he would be handed over for onward extradition to the U.S. for prosecution.

    Assange’s lawyers told the British High Court this month that the Trump administration planned to kidnap or kill Assange to “sustain impunity for US officials in respect of the torture/war crimes committed in its infamous ‘war on terror’…”

    After falling out with the Ecuadorian government, Assange was evicted from the country’s embassy in April 2019, arrested by the British police for skipping bail, and imprisoned, pending the conclusion of the U.S. extradition case.

    What’s next?

    The British High Court is not expected to rule on Assange’s final application to appeal until March at the earliest.

    If successful, Assange will be allowed to appeal on the grounds that his extradition would be a breach of the extradition treaty between the U.S. and the U.K., which prohibits doing so for political offences.

    If Assange loses at the High Court, he will have 28 days to file an appeal at the European Court of Human Rights, one of his lawyers, Jennifer Robinson, said during a briefing on the case. If Assange was granted provisional measures, it would prevent the U.K. from extraditing him until a ruling from the ECHR.


    This content originally appeared on Committee to Protect Journalists and was authored by Committee to Protect Journalists.

    This post was originally published on Radio Free.

  • On February 20 and 21, as hundreds of Julian Assange’s supporters gathered outside the London courthouse, a two-judge panel of the High Court of Justice presided over a “permission hearing.” Assange’s lawyers asked the judges to allow them to appeal the home secretary’s extradition order and raise issues that the district court judge had rejected without full consideration. The High Court panel…

    Source

    This post was originally published on Latest – Truthout.

  • A Florida journalist who accessed and made public unaired video footage of an interview that former Fox News host Tucker Carlson conducted with the rapper Ye was arrested Thursday and hit with more than a dozen federal charges stemming in part from the disclosure, raising immediate concerns from press freedom advocates. Timothy Burke, a Tampa-based media consultant and former Daily Beast staffer…

    Source

    This post was originally published on Latest – Truthout.

  • It is a historical fact that powerful elites do not wish to be diverted from pursuing their selfish interests by the public. Minimal, unthreatening expressions of dissent may be tolerated in ostensible ‘democracies’. But public opinion needs to be managed, manipulated or, if necessary, simply ignored.

    After all, as Noam Chomsky has said, real ‘democracy is a threat to any power system’. He noted that Edward Bernays, one of the founders and leading figures of the huge public relations industry:

    reminded his colleagues that with “universal suffrage and universal schooling… even the bourgeoisie stood in fear of the common people. For the masses promised to become king.” That unfortunate tendency could be contained and reversed, he urged, by new methods of “propaganda” that could be used by “intelligent minorities” to “[regiment] the public mind every bit as much as an army regiments the bodies of its soldiers.

    (Preface to The Myth of the Liberal Media, Edward S. Herman, Peter Lang Publishing, 1999, pp. x-xi.)

    Elite shaping of public opinion is not 100 per cent foolproof, of course, but it is often highly effective. As Peter Beattie, an assistant professor in political economy at the Chinese University of Hong Kong, observed:

    ‘While the media is far from a brainwashing “influencing machine” or a hypodermic needle capable of injecting ideas into our minds, it is nonetheless the greatest influence on public opinion, as it is the conduit through which the building blocks of public opinion are transported.’

    (Beattie, Social Evolution, Political Psychology, and the Media in Democracy: The Invisible Hand in the U.S. Marketplace of Ideas, Palgrave Macmillan, 2019, p. 8)

    In fact, one could argue that the media is ‘a brainwashing “influencing machine”’, as demonstrated, for example, by the power and success of the propaganda blitz against Jeremy Corbyn, and the deliberate conflation of antisemitism with anti-Zionism in establishment attempts to smear critics of Israel. However, if public opinion remains stubbornly immune from establishment pressure, it can simply be rejected or overridden.

    Consider a YouGov poll last October showing that 66 per cent of the British public support reinstating public ownership of energy companies. Likewise, a 2022 survey by campaign group We Own It revealed that a majority want to see public ownership of utilities such as energy and water.

    We Own It director Cat Hobbs said:

    Privatisation has failed for nearly 40 years. Politicians can’t ignore the truth any longer: these monopolies are a cash cow for shareholders and we need to take them back.

    We need energy companies that don’t rip us off, public transport that works for passengers and water companies that don’t pour sewage into our rivers.’

    The poll also showed very strong support for public ownership of buses, the railways, the National Health Service and Royal Mail. These findings were echoed in an Ipsos poll last August.

    None of these popular policies are consistent with the extremist, corporate agenda of the Tory government or the ‘opposition’ Labour party. Nor do they feature much in ‘mainstream’ media reporting and commentary. This sums up the reality of British ‘democracy’: a state that suppresses the wishes of the majority and is run for the benefit of a very rich minority.

    None of this is unique to the UK; it is an endemic feature of capitalist societies. Justin Lewis, professor of communication at the Cardiff School of Journalism, Media and Culture, wrote that:

    Majorities [in the US and other western countries] consistently support increased government spending in traditionally “liberal” areas such as healthcare, education, environmental protection, and even – when the word “welfare” is not used – programs for assisting the poor. This has been well documented in a number of comprehensive studies. And yet the media’s interpretative frameworks tend to suppress the leftist leanings of opinion poll responses, creating a picture of a moderate to conservative citizenry that matches a moderate to conservative political elite.

    (Lewis, Constructing Public Opinion: How Political Elites Do What They Like And Why We Seem To Go Along With It, Columbia University Press, 2001, p. 44.)

    Of course, the notion that power is held to account by a ‘free press’ in a modern ‘democracy’ is a discredited myth. Patrick Lawrence, formerly a foreign correspondent for many years, chiefly for the International Herald Tribune, noted that the US:

    does not have a press by any serious definition of the term. It has a government that, over the course of many decades, has turned the press into an appendage responsible for the manipulation of public opinion.

    For instance, US political journalist Glenn Greenwald observed of Ukraine war coverage:

    Every word broadcast on CNN or printed in The New York Times about the conflict perfectly aligns with the CIA and Pentagon’s messaging.

    Journalists with successful careers in the major Western news media would never dare make such a cogent remark in public. Instead, attention has to be directed towards the propaganda operations of whoever the current ‘Official Enemy’ happens to be. To give just one example: on 27 February 2022, Steve Rosenberg, the BBC’s Moscow correspondent, stood outside the Kremlin and declaimed live on BBC News that evening:

    In Russia, television remains the key tool for shaping public opinion. So, if you control TV, as the Kremlin does, you control the messaging. But not 100 per cent, because today many Russians do get their news and information online. And there they see a very different picture.

    Likewise, a BBC ‘Live’ webpage about the Ukraine war on 24 February last year included a supposed analysis by Francis Scarr of BBC Monitoring titled, ‘The evolution of Russian propaganda at home’. It began:

    A year since the invasion of Ukraine, coverage of the war on Russia’s state-controlled TV channels has shifted as the Kremlin attempts to shape public opinion at home.

    Scarr continued:

    Two-thirds of Russians receive most of their information from TV, where the messaging is under tight Kremlin control.

    What about the ‘tight control’ of government ‘messaging’ via BBC News? It does not necessarily require direct instructions from Whitehall or Downing Street. But senior BBC managers and editors have certainly risen to their positions by thinking the right thoughts and saying the right things.

    You will therefore struggle to find a BBC journalist pointing to the disparity between state-mandated BBC News ‘messaging’ and informed sources challenging establishment ideology via non-corporate media. A vanishingly rare exception is Rami Ruhayem, a BBC Arabic and BBC World Service journalist and producer since 2005, who was scathing about the BBC’s coverage of the current phase of the Israeli-Palestinian conflict (see our recent alert). Ruhayem has essentially been ‘disappeared’ with no public response from the BBC and virtually zero coverage in state-corporate media.

    Nor will BBC News inform its audiences that government policy is largely determined by the wishes of business elites, as independent studies have shown. Chomsky referred to one of these studies in his 2010 book, ‘Hopes and Prospects’:

    In a rare and unusually careful analysis of the domestic influences on U.S. foreign policy, Lawrence Jacobs and Benjamin Page find, unsurprisingly, that the major influence on policy is “internationally oriented business corporations,” though there is also a secondary effect of “experts,” who, they point out “may themselves be influenced by business.” Public opinion, in contrast, has “little or no significant effect on government officials,” they find. (p. 47.)

    For example, opinion polling in Germany and France revealed that most people there blame the United States and/or NATO for the war in Ukraine. US political analyst Ben Norton commented:

    These results suggest that many average Europeans can see clearly that the conflict in Ukraine is not merely a battle between Kiev and Moscow, but rather a proxy war that the NATO military alliance, led by the United States, is waging against Russia.

    Such unacceptable public opinions are dismissed routinely by political leaders. Germany’s hawkish Foreign Minister Annalena Baerbock insisted NATO must ‘stand with Ukraine as long as they need us’, pledging military support ‘no matter what my German voters think’.

    Israel’s Claims Against Unrwa: “No Evidence”

    Meanwhile, the massive public opposition to Israel’s genocidal attack on Gaza is generating concern at senior levels in western capitals. Dutch prime minister Mark Rutte reportedly even asked the country’s legal affairs ministry:

    What can we say to make it look like Israel is not committing war crimes?

    Here in the UK, a recent YouGov opinion poll starkly highlighted just how out of step both the Tory government and Sir Keir Starmer’s Labour party are with British public opinion on Israel and Palestine. 66 per cent of Britons believe Israel should stop attacking Gaza and agree to an immediate ceasefire. Only 13 per cent of Britons think Israel should continue with its ‘military action’.

    On 20 February, with the death toll in Gaza at almost 30,000, and more than four months after the Israeli carnage began, Labour finally called for ‘an immediate humanitarian ceasefire’, under parliamentary pressure from a Scottish National Party (SNP) motion. However, in the end, a formal vote on a ceasefire did not take place with the Commons debate descending into chaos. There were accusations that the House of Commons Speaker, Sir Lindsay Hoyle, and Starmer had colluded to block Parliament voting on the SNP motion, thus avoiding a mutiny among Labour MPs who have been demanding a less barbaric stance from the Labour leader. SNP Westminster leader Stephen Flynn said:

    This should have been the chance for the UK Parliament to do the right thing and vote for an immediate ceasefire in Gaza and Israel – instead it turned into a Westminster circus.

    Much of the public, as well as legal experts and informed commentators, regard Israel’s actions in Gaza as genocidal; not least the majority of judges who heard the recent South African case against Israel at the International Court of Justice (ICJ) in the Netherlands.

    The cynical and premeditated response of Israel to the ICJ ruling was to make unsubstantiated claims that Unrwa employees, the UN agency which provides relief for six million Palestinian refugees, were involved in the Hamas attacks of 7 October last year. News media, notably including BBC News, gave the claims wall-to-wall coverage. The staff – 12 people out of 13,000 employees – named by Israel were summarily dismissed, without an investigation, by Unrwa. This did not prevent many countries, including the US and the UK, suspending vital humanitarian contributions to the relief agency.

    To its credit, Channel 4 News investigated Israel’s allegations and broadcast a report showing that Israel had provided ‘no evidence’ of its claims against the Unrwa staff, other than details identifying the employees alleged to have been involved. As Peter Oborne observed, it appears that, in immediately suspending aid, Britain’s foreign secretary David Cameron had:

    jumped to attention solely based on claims made by a government which has long had a strong interest in discrediting Unrwa.

    Oborne expanded:

    As Israeli television has reported, based on a “high-level classified foreign ministry report”, Israel plans to push Unrwa out of the Gaza Strip.

    The plan involves three stages: the publication of a report alleging Unrwa cooperation with Hamas; followed by the promotion of alternative organisations to provide welfare services; and finally, the removal of Unrwa from Gaza altogether.

    He continued:

    It’s not as if Israel deserves to be automatically believed. The Israeli military has repeatedly been caught out making false and fabricated statements about events in Gaza and elsewhere. This means that every claim emanating from Israel should be treated sceptically. (The same applies, of course, to Hamas.)

    Compare this with the UK government’s response to the evidence-based ICJ judgment that Israel is committing genocide in Gaza:

    British Prime Minister Rishi Sunak and Cameron trashed the court even before it had reached its judgment, and have continued to do so since.

    By contrast, Britain responded at once to allegations regarding Unrwa produced by Israel and suspended funds to the one agency capable of delivering aid in the face of a humanitarian catastrophe.

    The huge public protests in the UK, and around the world, highlight the great divide between the public and governments on Israel and Palestine, and wider foreign policy. This has been the case historically.

    Establishment Alarm At Public Protest

    In February 2003, when a massive global movement attempting to stop the impending Iraq war took to the streets, the New York Times wrote:

    The huge anti-war demonstrations around the world this weekend are reminders that there may still be two superpowers on the planet: the United States and world public opinion.

    A similar phenomenon is occurring now, with international grassroots pressure demanding an immediate ceasefire in Gaza. But coverage in the state-corporate media does not reflect the power or importance of public protest. As Des Freedman, a professor of media and communications at Goldsmiths, University of London, observed:

    Mainstream [sic] media like the BBC will not represent this movement nor hold to account those governments who are complicit in the destruction of Gaza because they are overwhelmingly tied to an imperial world view.

    Instead, the BBC and other news media endlessly platform Israeli propaganda, notably the apartheid state’s repeated claims to be ‘defending itself’ in ‘responding’ to the Hamas attacks of 7 October last year.

    It is important to emphasise, however, that elite power is not invulnerable to public opinion. In the years following the Iraq war, much of the public came to realise it had been deceived. The US-led invasion-occupation was not about disarming Saddam of mythical ‘weapons of mass destruction’ or about bringing ‘democracy’ to Iraq. It was about oil and western hegemony in the Middle East.

    In 2014, a huge 71 per cent of Americans said that the war in Iraq ‘wasn’t worth it’. Likewise, three opinion polls conducted from 1990-2000 found that about 7 in 10 Americans believed that the US war against Vietnam was a ‘mistake’. Many no doubt would have said that the Vietnam war, like the Iraq war, was an international war crime, not merely a ‘mistake’.

    On the 20th anniversary of the invasion of Iraq last February, journalist Ian Sinclair published an important analysis in the Morning Star. He pointed out that, although the enormous Stop the War marches did not prevent the war going ahead, or the UK’s participation in it, the anti-war movement did have significant impacts. It helped to inform public opinion and mobilise public action that challenged British foreign policy. Sinclair wrote:

    As a politician, Blair was fatally wounded over Iraq, with a 2010 ComRes poll finding 37 per cent of respondents thought he should be put on trial for the invasion.

    He added:

    The anti-war public mood was also likely a constraining influence on British forces in Iraq. In a 2016 RUSI Journal article, Major General Christopher Elliott noted there was “a cap on numbers, driven by political constraints rather than military necessity.

    Milan Rai, editor of Peace News, argued that the UK anti-war movement came close to derailing Britain’s involvement in the Iraq war:

    Wobbly Tuesday is one of the great secrets of the Iraq war, kept secret not by state censorship and repression, but by media and academic self-censorship.

    ‘Wobbly Tuesday’ was Tuesday, 11 March 2003, the date when the British government began to panic that it might lose a parliamentary vote on the war, given the massive public protests. The Sunday Telegraph reported that on that day, Geoff Hoon, the Minister of Defence, was ‘frantically preparing contingency plans to “disconnect” British troops entirely from the military invasion of Iraq, demoting their role to subsequent phases of the campaign and peacekeeping.’ In the end, the government won the Commons vote and the UK shamefully took part in the invasion-occupation of Iraq which led to the deaths of around one million Iraqis.

    A 2019 YouGov survey showed that 52 per cent of respondents now oppose British military interventions overseas. This new reality was already evident in August 2013 when MPs voted against a government motion to support planned US air strikes on Syria. Public opinion had been strongly opposed to military action, with a YouGov poll just before the vote showing opposition at 51 per cent, and support at just 22 per cent. This was the first time a British prime minister had lost a vote on war since 1782.

    Sinclair observed that:

    This defeat generated significant alarm within the Establishment. Speaking two years later, Sir Nick Houghton, Britain’s chief of defence staff, worried “we are experiencing ever greater constraints on our freedom to use force” due to a lack of “societal support, parliamentary consent and ever greater legal challenge.

    Julian Assange: Persecuted For Reporting The Truth

    One of the biggest establishment campaigns in recent times to manipulate public opinion has been the attempted smearing of WikiLeaks co-founder, Julian Assange, as we have repeatedly highlighted in media alerts (for example, see here and here).

    The latest stage of this campaign has been the final High Court hearing in London this week to decide whether Assange will be sent to trial in the US under the 1917 Espionage Act, a first for the prosecution for any journalist or publisher. And all for the supposed ‘offence’ of publishing the truth about US war crimes.

    Nina Cross, an investigative reporter for The Indicter website, noted that ‘the defamation of Assange’s character by the British government is institutional’ and that ‘only through the complicity of the corporate media has this abuse been possible.’

    She added:

    Without its sustained collusion and servility, the powerful would not have impunity; they would not dare attempt what appears to be the slow assassination of a journalist in full public view for exposing their crimes.

    Noam Chomsky and Alice Walker pointed out how the media bowed down to the US government’s dictate that they focus on Assange’s personality, and not on the principles of the case:

    Assange is not on trial for skateboarding in the Ecuadorian embassy, for tweeting, for calling Hillary Clinton a war hawk, or for having an unkempt beard as he was dragged into detention by British police. Assange faces extradition to the United States because he published incontrovertible proof of war crimes and abuses in Iraq and Afghanistan, embarrassing the most powerful nation on Earth. Assange published hard evidence of “the ways in which the first world exploits the third”, according to whistleblower Chelsea Manning, the source of that evidence. Assange is on trial for his journalism, for his principles, not his personality.

    They added:

    By drawing attention away from the principles of the case, the obsession with personality pushes out the significance of WikiLeaks’ revelations and the extent to which governments have concealed misconduct from their own citizens. It pushes out how Assange’s 2010 publications exposed 15,000 previously uncounted civilian casualties in Iraq, casualties that the US Army would have buried. It pushes out the fact that the United States is attempting to accomplish what repressive regimes can only dream of: deciding what journalists around the globe can and cannot write. It pushes out the fact that all whistleblowers and journalism itself, not just Assange, is on trial here.

    Whatever the outcome of this week’s High Court hearings, the valiant example of Assange and WikiLeaks in exposing power serves as inspiration for what can be achieved through the power of truth, humanity and compassion.

    Elite power may, at times, seem overwhelming, bordering on invincible. It is an oft-quoted line, but a vital truth that: ‘We are many and they are few’. At root, elite interests fear public power. Therein lies hope.

    The writer Maria Popova highlighted David Byrne, former frontman of Talking Heads, as:

    one of the last standing idealists in our world — a countercultural force of lucid and luminous optimism, kindred to Walt Whitman, who wrote so passionately about optimism as a mighty force of resistance and a pillar of democracy.

    In ‘One Fine Day’, co-written with Brian Eno, Byrne sings a ‘buoyant hymn of optimism [that] ripples against the current of our time as a mighty countercultural anthem of resistance and resilience.’

    The song observes movingly:

    Shouts and battle cries, from every part
    I can see those tears, every one is true

    It concludes on an uplifting note:

    Then a peace of mind fell over me —
    In these troubled times, I still can see
    We can use the stars, to guide the way
    It is not that far, the one fine —

    One fine day

    That one fine day is still within our reach.

    The post Elite Fear Of The Public: Ukraine, Gaza and Assange first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • It is a historical fact that powerful elites do not wish to be diverted from pursuing their selfish interests by the public. Minimal, unthreatening expressions of dissent may be tolerated in ostensible ‘democracies’. But public opinion needs to be managed, manipulated or, if necessary, simply ignored.

    After all, as Noam Chomsky has said, real ‘democracy is a threat to any power system’. He noted that Edward Bernays, one of the founders and leading figures of the huge public relations industry:

    reminded his colleagues that with “universal suffrage and universal schooling… even the bourgeoisie stood in fear of the common people. For the masses promised to become king.” That unfortunate tendency could be contained and reversed, he urged, by new methods of “propaganda” that could be used by “intelligent minorities” to “[regiment] the public mind every bit as much as an army regiments the bodies of its soldiers.

    (Preface to The Myth of the Liberal Media, Edward S. Herman, Peter Lang Publishing, 1999, pp. x-xi.)

    Elite shaping of public opinion is not 100 per cent foolproof, of course, but it is often highly effective. As Peter Beattie, an assistant professor in political economy at the Chinese University of Hong Kong, observed:

    ‘While the media is far from a brainwashing “influencing machine” or a hypodermic needle capable of injecting ideas into our minds, it is nonetheless the greatest influence on public opinion, as it is the conduit through which the building blocks of public opinion are transported.’

    (Beattie, Social Evolution, Political Psychology, and the Media in Democracy: The Invisible Hand in the U.S. Marketplace of Ideas, Palgrave Macmillan, 2019, p. 8)

    In fact, one could argue that the media is ‘a brainwashing “influencing machine”’, as demonstrated, for example, by the power and success of the propaganda blitz against Jeremy Corbyn, and the deliberate conflation of antisemitism with anti-Zionism in establishment attempts to smear critics of Israel. However, if public opinion remains stubbornly immune from establishment pressure, it can simply be rejected or overridden.

    Consider a YouGov poll last October showing that 66 per cent of the British public support reinstating public ownership of energy companies. Likewise, a 2022 survey by campaign group We Own It revealed that a majority want to see public ownership of utilities such as energy and water.

    We Own It director Cat Hobbs said:

    Privatisation has failed for nearly 40 years. Politicians can’t ignore the truth any longer: these monopolies are a cash cow for shareholders and we need to take them back.

    We need energy companies that don’t rip us off, public transport that works for passengers and water companies that don’t pour sewage into our rivers.’

    The poll also showed very strong support for public ownership of buses, the railways, the National Health Service and Royal Mail. These findings were echoed in an Ipsos poll last August.

    None of these popular policies are consistent with the extremist, corporate agenda of the Tory government or the ‘opposition’ Labour party. Nor do they feature much in ‘mainstream’ media reporting and commentary. This sums up the reality of British ‘democracy’: a state that suppresses the wishes of the majority and is run for the benefit of a very rich minority.

    None of this is unique to the UK; it is an endemic feature of capitalist societies. Justin Lewis, professor of communication at the Cardiff School of Journalism, Media and Culture, wrote that:

    Majorities [in the US and other western countries] consistently support increased government spending in traditionally “liberal” areas such as healthcare, education, environmental protection, and even – when the word “welfare” is not used – programs for assisting the poor. This has been well documented in a number of comprehensive studies. And yet the media’s interpretative frameworks tend to suppress the leftist leanings of opinion poll responses, creating a picture of a moderate to conservative citizenry that matches a moderate to conservative political elite.

    (Lewis, Constructing Public Opinion: How Political Elites Do What They Like And Why We Seem To Go Along With It, Columbia University Press, 2001, p. 44.)

    Of course, the notion that power is held to account by a ‘free press’ in a modern ‘democracy’ is a discredited myth. Patrick Lawrence, formerly a foreign correspondent for many years, chiefly for the International Herald Tribune, noted that the US:

    does not have a press by any serious definition of the term. It has a government that, over the course of many decades, has turned the press into an appendage responsible for the manipulation of public opinion.

    For instance, US political journalist Glenn Greenwald observed of Ukraine war coverage:

    Every word broadcast on CNN or printed in The New York Times about the conflict perfectly aligns with the CIA and Pentagon’s messaging.

    Journalists with successful careers in the major Western news media would never dare make such a cogent remark in public. Instead, attention has to be directed towards the propaganda operations of whoever the current ‘Official Enemy’ happens to be. To give just one example: on 27 February 2022, Steve Rosenberg, the BBC’s Moscow correspondent, stood outside the Kremlin and declaimed live on BBC News that evening:

    In Russia, television remains the key tool for shaping public opinion. So, if you control TV, as the Kremlin does, you control the messaging. But not 100 per cent, because today many Russians do get their news and information online. And there they see a very different picture.

    Likewise, a BBC ‘Live’ webpage about the Ukraine war on 24 February last year included a supposed analysis by Francis Scarr of BBC Monitoring titled, ‘The evolution of Russian propaganda at home’. It began:

    A year since the invasion of Ukraine, coverage of the war on Russia’s state-controlled TV channels has shifted as the Kremlin attempts to shape public opinion at home.

    Scarr continued:

    Two-thirds of Russians receive most of their information from TV, where the messaging is under tight Kremlin control.

    What about the ‘tight control’ of government ‘messaging’ via BBC News? It does not necessarily require direct instructions from Whitehall or Downing Street. But senior BBC managers and editors have certainly risen to their positions by thinking the right thoughts and saying the right things.

    You will therefore struggle to find a BBC journalist pointing to the disparity between state-mandated BBC News ‘messaging’ and informed sources challenging establishment ideology via non-corporate media. A vanishingly rare exception is Rami Ruhayem, a BBC Arabic and BBC World Service journalist and producer since 2005, who was scathing about the BBC’s coverage of the current phase of the Israeli-Palestinian conflict (see our recent alert). Ruhayem has essentially been ‘disappeared’ with no public response from the BBC and virtually zero coverage in state-corporate media.

    Nor will BBC News inform its audiences that government policy is largely determined by the wishes of business elites, as independent studies have shown. Chomsky referred to one of these studies in his 2010 book, ‘Hopes and Prospects’:

    In a rare and unusually careful analysis of the domestic influences on U.S. foreign policy, Lawrence Jacobs and Benjamin Page find, unsurprisingly, that the major influence on policy is “internationally oriented business corporations,” though there is also a secondary effect of “experts,” who, they point out “may themselves be influenced by business.” Public opinion, in contrast, has “little or no significant effect on government officials,” they find. (p. 47.)

    For example, opinion polling in Germany and France revealed that most people there blame the United States and/or NATO for the war in Ukraine. US political analyst Ben Norton commented:

    These results suggest that many average Europeans can see clearly that the conflict in Ukraine is not merely a battle between Kiev and Moscow, but rather a proxy war that the NATO military alliance, led by the United States, is waging against Russia.

    Such unacceptable public opinions are dismissed routinely by political leaders. Germany’s hawkish Foreign Minister Annalena Baerbock insisted NATO must ‘stand with Ukraine as long as they need us’, pledging military support ‘no matter what my German voters think’.

    Israel’s Claims Against Unrwa: “No Evidence”

    Meanwhile, the massive public opposition to Israel’s genocidal attack on Gaza is generating concern at senior levels in western capitals. Dutch prime minister Mark Rutte reportedly even asked the country’s legal affairs ministry:

    What can we say to make it look like Israel is not committing war crimes?

    Here in the UK, a recent YouGov opinion poll starkly highlighted just how out of step both the Tory government and Sir Keir Starmer’s Labour party are with British public opinion on Israel and Palestine. 66 per cent of Britons believe Israel should stop attacking Gaza and agree to an immediate ceasefire. Only 13 per cent of Britons think Israel should continue with its ‘military action’.

    On 20 February, with the death toll in Gaza at almost 30,000, and more than four months after the Israeli carnage began, Labour finally called for ‘an immediate humanitarian ceasefire’, under parliamentary pressure from a Scottish National Party (SNP) motion. However, in the end, a formal vote on a ceasefire did not take place with the Commons debate descending into chaos. There were accusations that the House of Commons Speaker, Sir Lindsay Hoyle, and Starmer had colluded to block Parliament voting on the SNP motion, thus avoiding a mutiny among Labour MPs who have been demanding a less barbaric stance from the Labour leader. SNP Westminster leader Stephen Flynn said:

    This should have been the chance for the UK Parliament to do the right thing and vote for an immediate ceasefire in Gaza and Israel – instead it turned into a Westminster circus.

    Much of the public, as well as legal experts and informed commentators, regard Israel’s actions in Gaza as genocidal; not least the majority of judges who heard the recent South African case against Israel at the International Court of Justice (ICJ) in the Netherlands.

    The cynical and premeditated response of Israel to the ICJ ruling was to make unsubstantiated claims that Unrwa employees, the UN agency which provides relief for six million Palestinian refugees, were involved in the Hamas attacks of 7 October last year. News media, notably including BBC News, gave the claims wall-to-wall coverage. The staff – 12 people out of 13,000 employees – named by Israel were summarily dismissed, without an investigation, by Unrwa. This did not prevent many countries, including the US and the UK, suspending vital humanitarian contributions to the relief agency.

    To its credit, Channel 4 News investigated Israel’s allegations and broadcast a report showing that Israel had provided ‘no evidence’ of its claims against the Unrwa staff, other than details identifying the employees alleged to have been involved. As Peter Oborne observed, it appears that, in immediately suspending aid, Britain’s foreign secretary David Cameron had:

    jumped to attention solely based on claims made by a government which has long had a strong interest in discrediting Unrwa.

    Oborne expanded:

    As Israeli television has reported, based on a “high-level classified foreign ministry report”, Israel plans to push Unrwa out of the Gaza Strip.

    The plan involves three stages: the publication of a report alleging Unrwa cooperation with Hamas; followed by the promotion of alternative organisations to provide welfare services; and finally, the removal of Unrwa from Gaza altogether.

    He continued:

    It’s not as if Israel deserves to be automatically believed. The Israeli military has repeatedly been caught out making false and fabricated statements about events in Gaza and elsewhere. This means that every claim emanating from Israel should be treated sceptically. (The same applies, of course, to Hamas.)

    Compare this with the UK government’s response to the evidence-based ICJ judgment that Israel is committing genocide in Gaza:

    British Prime Minister Rishi Sunak and Cameron trashed the court even before it had reached its judgment, and have continued to do so since.

    By contrast, Britain responded at once to allegations regarding Unrwa produced by Israel and suspended funds to the one agency capable of delivering aid in the face of a humanitarian catastrophe.

    The huge public protests in the UK, and around the world, highlight the great divide between the public and governments on Israel and Palestine, and wider foreign policy. This has been the case historically.

    Establishment Alarm At Public Protest

    In February 2003, when a massive global movement attempting to stop the impending Iraq war took to the streets, the New York Times wrote:

    The huge anti-war demonstrations around the world this weekend are reminders that there may still be two superpowers on the planet: the United States and world public opinion.

    A similar phenomenon is occurring now, with international grassroots pressure demanding an immediate ceasefire in Gaza. But coverage in the state-corporate media does not reflect the power or importance of public protest. As Des Freedman, a professor of media and communications at Goldsmiths, University of London, observed:

    Mainstream [sic] media like the BBC will not represent this movement nor hold to account those governments who are complicit in the destruction of Gaza because they are overwhelmingly tied to an imperial world view.

    Instead, the BBC and other news media endlessly platform Israeli propaganda, notably the apartheid state’s repeated claims to be ‘defending itself’ in ‘responding’ to the Hamas attacks of 7 October last year.

    It is important to emphasise, however, that elite power is not invulnerable to public opinion. In the years following the Iraq war, much of the public came to realise it had been deceived. The US-led invasion-occupation was not about disarming Saddam of mythical ‘weapons of mass destruction’ or about bringing ‘democracy’ to Iraq. It was about oil and western hegemony in the Middle East.

    In 2014, a huge 71 per cent of Americans said that the war in Iraq ‘wasn’t worth it’. Likewise, three opinion polls conducted from 1990-2000 found that about 7 in 10 Americans believed that the US war against Vietnam was a ‘mistake’. Many no doubt would have said that the Vietnam war, like the Iraq war, was an international war crime, not merely a ‘mistake’.

    On the 20th anniversary of the invasion of Iraq last February, journalist Ian Sinclair published an important analysis in the Morning Star. He pointed out that, although the enormous Stop the War marches did not prevent the war going ahead, or the UK’s participation in it, the anti-war movement did have significant impacts. It helped to inform public opinion and mobilise public action that challenged British foreign policy. Sinclair wrote:

    As a politician, Blair was fatally wounded over Iraq, with a 2010 ComRes poll finding 37 per cent of respondents thought he should be put on trial for the invasion.

    He added:

    The anti-war public mood was also likely a constraining influence on British forces in Iraq. In a 2016 RUSI Journal article, Major General Christopher Elliott noted there was “a cap on numbers, driven by political constraints rather than military necessity.

    Milan Rai, editor of Peace News, argued that the UK anti-war movement came close to derailing Britain’s involvement in the Iraq war:

    Wobbly Tuesday is one of the great secrets of the Iraq war, kept secret not by state censorship and repression, but by media and academic self-censorship.

    ‘Wobbly Tuesday’ was Tuesday, 11 March 2003, the date when the British government began to panic that it might lose a parliamentary vote on the war, given the massive public protests. The Sunday Telegraph reported that on that day, Geoff Hoon, the Minister of Defence, was ‘frantically preparing contingency plans to “disconnect” British troops entirely from the military invasion of Iraq, demoting their role to subsequent phases of the campaign and peacekeeping.’ In the end, the government won the Commons vote and the UK shamefully took part in the invasion-occupation of Iraq which led to the deaths of around one million Iraqis.

    A 2019 YouGov survey showed that 52 per cent of respondents now oppose British military interventions overseas. This new reality was already evident in August 2013 when MPs voted against a government motion to support planned US air strikes on Syria. Public opinion had been strongly opposed to military action, with a YouGov poll just before the vote showing opposition at 51 per cent, and support at just 22 per cent. This was the first time a British prime minister had lost a vote on war since 1782.

    Sinclair observed that:

    This defeat generated significant alarm within the Establishment. Speaking two years later, Sir Nick Houghton, Britain’s chief of defence staff, worried “we are experiencing ever greater constraints on our freedom to use force” due to a lack of “societal support, parliamentary consent and ever greater legal challenge.

    Julian Assange: Persecuted For Reporting The Truth

    One of the biggest establishment campaigns in recent times to manipulate public opinion has been the attempted smearing of WikiLeaks co-founder, Julian Assange, as we have repeatedly highlighted in media alerts (for example, see here and here).

    The latest stage of this campaign has been the final High Court hearing in London this week to decide whether Assange will be sent to trial in the US under the 1917 Espionage Act, a first for the prosecution for any journalist or publisher. And all for the supposed ‘offence’ of publishing the truth about US war crimes.

    Nina Cross, an investigative reporter for The Indicter website, noted that ‘the defamation of Assange’s character by the British government is institutional’ and that ‘only through the complicity of the corporate media has this abuse been possible.’

    She added:

    Without its sustained collusion and servility, the powerful would not have impunity; they would not dare attempt what appears to be the slow assassination of a journalist in full public view for exposing their crimes.

    Noam Chomsky and Alice Walker pointed out how the media bowed down to the US government’s dictate that they focus on Assange’s personality, and not on the principles of the case:

    Assange is not on trial for skateboarding in the Ecuadorian embassy, for tweeting, for calling Hillary Clinton a war hawk, or for having an unkempt beard as he was dragged into detention by British police. Assange faces extradition to the United States because he published incontrovertible proof of war crimes and abuses in Iraq and Afghanistan, embarrassing the most powerful nation on Earth. Assange published hard evidence of “the ways in which the first world exploits the third”, according to whistleblower Chelsea Manning, the source of that evidence. Assange is on trial for his journalism, for his principles, not his personality.

    They added:

    By drawing attention away from the principles of the case, the obsession with personality pushes out the significance of WikiLeaks’ revelations and the extent to which governments have concealed misconduct from their own citizens. It pushes out how Assange’s 2010 publications exposed 15,000 previously uncounted civilian casualties in Iraq, casualties that the US Army would have buried. It pushes out the fact that the United States is attempting to accomplish what repressive regimes can only dream of: deciding what journalists around the globe can and cannot write. It pushes out the fact that all whistleblowers and journalism itself, not just Assange, is on trial here.

    Whatever the outcome of this week’s High Court hearings, the valiant example of Assange and WikiLeaks in exposing power serves as inspiration for what can be achieved through the power of truth, humanity and compassion.

    Elite power may, at times, seem overwhelming, bordering on invincible. It is an oft-quoted line, but a vital truth that: ‘We are many and they are few’. At root, elite interests fear public power. Therein lies hope.

    The writer Maria Popova highlighted David Byrne, former frontman of Talking Heads, as:

    one of the last standing idealists in our world — a countercultural force of lucid and luminous optimism, kindred to Walt Whitman, who wrote so passionately about optimism as a mighty force of resistance and a pillar of democracy.

    In ‘One Fine Day’, co-written with Brian Eno, Byrne sings a ‘buoyant hymn of optimism [that] ripples against the current of our time as a mighty countercultural anthem of resistance and resilience.’

    The song observes movingly:

    Shouts and battle cries, from every part
    I can see those tears, every one is true

    It concludes on an uplifting note:

    Then a peace of mind fell over me —
    In these troubled times, I still can see
    We can use the stars, to guide the way
    It is not that far, the one fine —

    One fine day

    That one fine day is still within our reach.

    The post Elite Fear Of The Public: Ukraine, Gaza and Assange first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • On February 21, the Royal Courts of Justice hosted a second day of carnivalesque mockery regarding the appeal by lawyers representing an ill Julian Assange, whose publishing efforts are being impugned by the United States as having compromised the identities of informants while damaging national security.  Extradition awaits, only being postponed by rearguard actions such as what has just been concluded at the High Court.

    How, then, to justify the 18 charges being levelled against the WikiLeaks founder under the US Espionage Act of 1917, an instrument not just vile but antiquated in its effort to stomp on political discussion and expression?

    Justice Jeremy Johnson and Dame Victoria Sharp got the bien pensant treatment of the national security state, dressed in robes, and tediously inclined.  Prosaic arguments were recycled like stale, oppressive air.  According to Clair Dobbin KC, there was “no immunity for journalists to break the law” and that the US constitutional First Amendment protecting the press would never confer it.  This had an undergraduate obviousness to it; no one in this case has ever asserted such cavalierly brutal freedom in releasing classified material, a point that Mark Summers KC, representing Assange, was happy to point out.

    Yet again, the Svengali argument, gingered with seduction, was run before a British court.  Assange, assuming all the powers of manipulation, cultivated and corrupted the disclosers, “soliciting” them to pilfer classified government materials.  With limping repetition, Dobbin insisted that WikiLeaks had been responsible for revealing “the unredacted names of the sources who provided information to the United States,” many of whom “lived in war zones or in repressive regimes”.  In exposing the names of Afghans, Iraqis, journalists, religious figures, human rights dissidents and political dissidents, the publisher had “created a grave and immediate risk that innocent people would suffer serious physical harm or arbitrary detention”.

    The battering did not stop there.  “There were really profound consequences, beyond the real human cost and to the broader ability to the US to gather evidence from human sources as well.”  Dobbin’s proof of these contentions is thin, vague and causally absent: the arrest of one Ethiopian journalist following the leak; unspecified “others” disappeared.  She even admitted the fact that “it cannot be proven that their disappearance was a result of being outed.”  This was certainly a point pounced upon by Summers.

    The previous publication by Cryptome of all the documents, or the careless publication of the key to the encrypted file with the unredacted cables by journalists from The Guardian in a book on WikiLeaks, did not convince Dobbin.  Assange was “responsible for the publications of the unredacted documents whether published by others or WikiLeaks.”  There was no mention, either, that Assange had been alarmed by The Guardian faux pas and had contacted the US State Department of this fact.  Summers, in his contribution, duly reminded the court of the publisher’s frantic efforts while also reasoning that the harm caused had been “unintended, unforeseen and unwanted” by him.

    With this selective, prejudicial angle made clear, Dobbin’s words became those of a disgruntled empire caught with its pants down when harming and despoiling others.  “What the appellant is accused of is really at the upper end of the spectrum of gravity,” she submitted, attracting “no public interest whatsoever”.  Conveniently, calculatingly, any reference to the enormous, weighty revelations of WikiLeaks of torture, renditions, war crimes, surveillance, to name but a few, was avoided.  Emphasis was placed, instead, upon the “usefulness” of the material WikiLeaks had published: to the Taliban, and Osama bin Laden.

    This is a dubious point given the Pentagon’s own assertions to the contrary in a 2011 report dealing with the significance of the disclosure of military and diplomatic documents by WikiLeaks.  On the Iraq War logs and State Department cables, the report concluded “with high confidence that disclosure of the Iraq data set will have no direct personal impact on current and former US leadership in Iraq.”  On the Afghanistan war log releases, the authors also found that they would not result in “significant impact” to US operations, though did claim that this was potentially damaging to “intelligence sources, informants, and the Afghan population,” and intelligence collection efforts by the US and NATO.

    Summers appropriately rebutted the contention about harm by suggesting that Assange had opposed, in the highest traditions of journalism, “war crimes”, a consideration that had to be measured against unverified assertions of harm.

    On this point, the prosecution found itself in knots, given that a balancing act of harm and freedom of expression is warranted under Article 10 of the European Convention on Human Rights.  When asked by Justice Johnson whether prosecuting a journalist in the UK, when in possession of “information of very serious wrongdoing by an intelligence agency [had] incited an employee of that agency to provide information… [which] was then published in a very careful way” was compatible with the right to freedom of expression, Dobbin conceded to there being no “straightforward answer”.

    When pressed by Justice Johnson as to whether she accepted the idea that the “statutory offence”, not any “scope for a balancing exercise” was what counted, Dobbin had to concede that a “proportionality assessment” would normally arise when publishers were prosecuted under section 5 of the UK Official Secrets Act.  Prosecutions would only take place if one “knowingly published” information known “to be damaging”.

    Any half-informed student of the US Espionage Act knows that strict liability under the statute negates any need to undertake a balancing assessment.  All that matters is that the individual had “reason to believe that the information is to be used to the injury of the US,” often proved by the mere fact that the information published was classified to begin with.

    Dobbin then switched gears.  Having initially advertised the view that journalists could never be entirely immune from criminal prosecution, she added more egg to the pudding on the reasons why Assange was not a journalist.  Her view of the journalist being a bland, obedient transmitter of received, establishment wisdom was all too clear.  Assange had gone “beyond the acts of a journalist who is merely gathering information”.  He had, for instance, agreed with Chelsea Manning on March 8, 2010 to attempt cracking a password hash that would have given her access to the secure and classified Department of Defense account.  Doing so meant using a false identity to facilitate further pilfering of classified documents.

    This was yet another fiction.  Manning’s court martial had revealed the redundancy of having to crack a password hash as she already had administrator access to the system.  Why then bother with the conspiratorial circus?

    The corollary of this is that the prosecution’s reliance on fabricated testimony, notably from former WikiLeaks volunteer, convicted paedophile and FBI tittle-tattler Sigurdur ‘Siggi’ Thordarson.  In June 2021, the Icelandic newspaper Stundin, now publishing under the name Heimildin, revealed that Assange had “never asked him to hack or to access phone recordings of [Iceland’s] MPs.”  He also had not “received some files from a third party who claimed to have recorded MPs and had offered to share them with Assange without having any idea what they actually contained.”  Thordarson never went through the relevant files, nor verified whether they had audio recordings as claimed by the third-party source. The allegation that Assange instructed him to access computers in order to unearth such recordings was roundly rejected.

    The legal team representing the US attempted to convince the court that suggestions of “bad faith” by the defence on the part of such figures as lead prosecutor Gordon Kromberg had to be discounted.  “The starting position must be, as it always is in these cases, the fundamental assumption of good faith on the part of those states with which the United Kingdom has long-standing extradition relationships,” asserted Dobbin.  “The US is one of the most long-standing partners of the UK.”

    This had a jarring quality to it, given that nothing in Washington’s approach to Assange – the surveillance sponsored by the Central Intelligence Agency via Spanish security firm UC Global, the contemplation of abduction and assassination by intelligence officials, the after-the-fact concoction of assurances to assure easier extradition to the US – has been anything but one of bad faith.

    Summers countered by refuting any suggestions that “Mr Kronberg is a lying individual or that he is personally not carrying out his prosecutorial duties in good faith. The prosecution and extradition here is a decision taken way above his head.”  This was a matter of “state retaliation ordered from the very top”; one could not “focus on the sheep and ignore the shepherd.”

    Things did not get better for the prosecuting side on what would happen once Assange was extradited.  Would he, for instance, be protected by the free press amendment under US law?  Former CIA director Mike Pompeo had suggested that Assange’s Australian citizenship barred him from protections afforded by the First Amendment.  Dobbin was not sure, but insisted that there was insufficient evidence to suggest that nationality would prejudice Assange in any trial.  Justice Johnson was sharp: “the test isn’t that he would be prejudiced.  It is that he might be prejudiced on the grounds of his nationality.”  This was hard to square with the UK Extradition Act prohibiting extradition where a person “might be prejudiced at his trial or punished, detained, or restricted in his personal liberty” on account of nationality.

    Given existing US legal practice, Assange also faced the risk of the death penalty, something that extradition arrangements would bar.  Ben Watson KC, representing the UK Home Secretary, had to concede to the court that there was nothing preventing any amendment by US prosecutors to the current list of charges that could result in a death sentence.

    If he does not succeed in this appeal, Assange may well request an intervention of the European Court of Human Rights for a stay of proceedings under Rule 39.  Like many European institutions so loathed by the governments of post-Brexit Britain, it offers the prospect of relief provided that there are “exceptional circumstances” and an instance “where there is an imminent risk of irreparable harm.”

    The sickening irony of that whole proviso is that irreparable harm is being inflicted on Assange in prison, where the UK prison system fulfils the role of the punishing US gaoler.  Speed will be of the essence; and the government of Rishi Sunak may well quickly bundle the publisher onto a transatlantic flight.  If so, the founder of WikiLeaks will go the way of other prestigious and wronged political prisoners who sought to expand minds rather than narrow them.

    The post Imperial Venality Defends Itself: Day Two of Julian Assange’s High Court Appeal first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • On February 20, it was clear that things were not going to be made easy for Julian Assange, the WikiLeaks founder who infuriated the US imperium, the national security establishment, and a stable of journalists upset that he had cut their ill-tended lawns.  He was too ill to attend what may well be the final appeal against his extradition from the United Kingdom to the United States.  Were he to be sent to the US, he faces a possible sentence amounting to 175 years arising from 18 venally cobbled charges, 17 spliced from that archaic horror, the Espionage Act of 1917.

    The appeal to the High Court, comprising Justice Jeremy Johnson and Dame Victoria Sharp, challenges the extradition order by the Home Secretary and the conclusions of District Judge Vanessa Baraitser who, despite ordering his release on risks posed to him on mental health grounds, fundamentally agreed with the prosecution.  He was, Varaitser scorned, not a true journalist.  (Absurdly, it would seem for the judge, journalists never publish leaked information.)  He had exposed the identities of informants.  He had engaged in attempts to hack computer systems.  In June 2023, High Court justice, Jonathan Swift, thought it inappropriate to rehear the substantive arguments of the trial case made by defence.

    Assange’s attorneys had informed the court that he simply could not attend in person, though it would hardly have mattered.  His absence from the courtroom was decorous in its own way; he could avoid being displayed like a caged specimen reviled for his publishing feats.  The proceedings would be conducted in the manner of appropriate panto, with dress and procedure to boot.

    Unfortunately, as things chugged along, the two judges were seemingly ill versed in the field they were adjudicating.  Their ignorance was telling on, for instance, the views of Mike Pompeo, whose bilious reaction to WikiLeaks when director of the Central Intelligence Agency involved rejecting the protections of the First Amendment of the US Constitution to non-US citizens.  (That view is also held by the US prosecutors.)  Such a perspective, argued Assange’s legal team, was a clear violation of Article 10 of the European Convention of Human Rights.

    They were also surprised to be informed that further charges could be added to the indictment on his arrival to the United States, including those carrying the death penalty.  To this could be added other enlightening surprises for the judicial bench: the fact that rules of admissibility might be altered to consider material illegally obtained, for instance, through surveillance; that Assange might also be sentenced for an offence he was never actually tried for.

    Examples of espionage case law were submitted as precedents to buttress the defence, with Edward Fitzgerald KC calling espionage a “pure political offence” which barred extradition in treaties Britain had signed with 158 nation states.

    The case of David Shayler, who had been in the employ of the British domestic intelligence service MI5, saw the former employee prosecuted for passing classified documents to The Mail on Sunday in 1997 under the Official Secrets Act.  These included the names of various agents, that the agency kept dossiers on various UK politicians, including Labour ministers, and that the British foreign intelligence service, MI6, had conceived of a plan to assassinate Libya’s Colonel Muammar Gaddafi.  When the UK made its extradition request to the French authorities, they received a clear answer from the Cour d’Appel: the offence charged was found to be political in nature.

    Mark Summers KC also emphasised the point that the “prosecution was motivated to punish and inhibit the exposure of American state-level crimes”, ample evidence of which was adduced during the extradition trial, yet ignored by both Baraitser and Swift.  Baraitser brazenly ignored evidence of discussions by US intelligence officials about a plot to kill or abduct Assange.

    For Summers, chronology was telling: the initial absence of any prosecution effort by the Obama administration, despite empanelling a grand jury to investigate WikiLeaks; the announcement by the International Criminal Court that it would be investigating potential crimes committed by US combatants in Afghanistan in 2016, thereby lending gravity to Assange’s disclosures; and the desire to kill or seek the publisher’s extradition after the release of the Vault 7 files detailing various espionage tools of the CIA.

    With Pompeo’s apoplectic declaration that WikiLeaks was a hostile, non-state intelligence service, the avenue was open for a covert targeting of Assange in the Ecuadorian embassy in London.  The duly hatched rendition plan led to the prosecution, which proved “selective” in avoiding, for instance, the targeting of newspaper outlets such as Freitag, or the website Cryptome.  In Summer’s view, “This is not a government acting on good faith pursuing a legal path.”

    When it came to discussing the leaks, the judges revealed a deep-welled obliviousness about what Assange and WikiLeaks had actually done in releasing the US State Department cables.  For one thing, the old nonsense that the unredacted, or poorly redacted material had resulted in damage was skirted over, not to mention the fact that Assange had himself insisted on a firm redaction policy.   No inquiry has ever shown proof that harm came to any US informant, a central contention of the US Department of Justice.  Nor was it evident to the judges that the publication of the cables had first taken place in Cryptome, once it was discovered that reporters from The Guardian had injudiciously revealed the password to the unredacted files in their publication.

    Two other points also emerged in the defence submission: the whistleblower angle, and that of foreseeability.  Consider, Summers argued hypothetically, the situation where Chelsea Manning, whose invaluable disclosures WikiLeaks published, had been considered by the European Court of Human Rights.  The European Union’s whistleblower regime, he contended, would have considered the effect of harm done by violating an undertaking of confidentiality with the exposure of abuses of state power.  Manning would have likely escaped conviction, while Assange, having not even signed any confidentiality agreements, would have had even better prospects for acquittal.

    The issue of foreseeability, outlined in Article 7 of the ECHR, arose because Assange, his team further contends, could not have known that publishing the cables would have triggered a lawsuit under the Espionage Act.  That said, a grand jury had refused to indict the Chicago Times in 1942 for publishing an article citing US naval knowledge of Japanese plans to attack Midway Island.  Then came the Pentagon Papers case in 1971.  While Summers correctly notes that, “The New York Times was never prosecuted,” this was not for want for trying: a grand jury was empanelled with the purpose of indicting the Times reporter Neil Sheehan for his role in receiving classified government material.  Once revelations of government tapping of whistleblower Daniel Ellsberg was revealed, the case collapsed.  All that said, Article 7 could provide a further ground for barring extradition.

    February 21 gave lawyers for the US the chance to reiterate the various, deeply flawed assertions about Assange’s publication activities connected with Cablegate (the “exposing informants” argument), his supposedly non-journalistic activities and the integrity of diplomatic assurances about his welfare were he to be extradited.  The stage for the obscene was duly set.

    The post Identifying Imperial Venality: Day One of Julian Assange’s High Court Appeal first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • On Wednesday 21 February, over 100 people gathered within the central hall at the Royal Courts of Justice, London, to hold a series of peaceful People’s Assemblies or ‘Citizens Juries’, in what is being described as ‘a makeover’ of British Justice.

    Legal twists and turns

    The Assembly has been prompted by the Attorney General’s application, being heard in court, to stop juries acquitting people taking direct action against climate change and for peace in Gaza. You can read more about the case here.

    Judge Reid, who is currently hearing a trial of Extinction Rebellion activists at Inner London Crown Court which would be affected by the ruling, said on Monday 19 February he was ‘hopeful’ the Court of Appeal would reach a decision today (despite that being unusual for the Court of Appeal).

    However, at 11:50am on 21 February Reid suspended the Extinction Rebellion case – saying he wanted to wait for the outcome in the Court of Appeal. As campaign group Defend Our Juries noted on X:

    The Court of Appeal hearing on the Attorney General’s case will also include consideration of the wider legal landscape, including the:

    • Post Office/Horizon scandal.
    • Lack of legal accountability for the bosses of the banks responsible for the financial crisis of 2008.
    • Bosses of the oil and water companies that have caused so much destruction to our land, air and waters.
    • Ministers responsible for violations of international agreements, including the Paris Agreement on Climate Change, the Refugee Convention, and UN rulings on Gaza.

    Occupying the Royal Courts of Justice

    The three themes of the assembly reflected the three cases of far-reaching significance which are being heard simultaneously at the Royal Courts of Justice on 21 February:

    • The Attorney General’s attempt to stop juries reaching not guilty verdicts in trials of those taking direct action to support peace, climate action or democracy.
    • Final appeal against extradition of Julian Assange.
    • Legal challenges to the government’s net zero target.

    At 11:11am, in remembrance of the democratic freedoms our grandparents fought for, over 100 citizens quietly stood up and left the public gallery of courtroom four in the Royal Courts of Justice (and a spillover court), as the court deliberated on removing the last remaining legal defence currently left open to people taking direct action for the environment and for peace. Those people have now reconvened together in the central hall of the courts.

    In an expression of authentic justice and democracy, members of the public then held three people’s assemblies, providing a space for people to discuss the issues arising from the court hearings together:

    People’s Assemblies are used around the world successfully by local authorities, governments, and communities to present issues of public relevance and gain agreement on actions or decisions needed. On Sunday, it was announced that the Labour Party likewise plans to introduce Citizens Assemblies.

    The concerned members of the public have formed three Citizens Juries to consider the following questions:

    1) When did it become a crime to tell the truth?

    2) Why not trust juries to hear the full story?

    3) Does the British Government respect International Law? Each court will produce a judgement, which will be circulated to members of the press.

    So far, no arrests at the Royal Courts of Justice

    The People’s Assembly at the Royal Courts of Justice was entirely lawful and peaceful, and did not intend to cause disruption to the ordinary running of the court. Participants circulated a note to court staff explaining there was no intention to disrupt any court activity, but only to conduct a lawful and peaceful assembly. They indicated an intention to remain in place until the assembly has concluded.

    As of 12pm on 21 February, there had been no arrests – despite participants risking this. Police had arrived:

    Those who attended the People’s Assembly gathered wearing T-shirts that read “The People v. The Corporate State”. A Banner saying “Welcome to the People’s Assembly” was unfurled within the central hall.

    Defend Our Juries: defending the rule of law

    A spokesperson for campaign group Defend Our Juries said:

    The rule of law means that no-one should be above the law, even if they are rich and powerful. But what we’re seeing in reality is that the bosses of the big banks and corporations such Fujitsu, or BP and Thames Water are as untouchable as the crime bosses in a mafia state – no matter the damage they cause or the lives they destroy.

    On the other hand, good people like all those sub-postmasters and peace campaigners, are prosecuted and imprisoned, just for doing their job or for taking measures to protect life.

    The courts belong to the public, not the big corporations. That’s why we’re holding this peaceful assembly in the Royal Courts of Justice today.

    In defence of the rule of law, trial by jury and our democracy. Given the state of repression in Britain right now, which the UN has recently described as ‘terrifying’, we’re prepared for arrest if it comes to it. But that would make our point for us.

    We’re not out to cause disruption. We’re peacefully exercising our democratic right to freedom of assembly to address the crisis in our justice system. If the court has us arrested, it’s the court that’s acting unlawfully, not us.

    Featured image via Plan B – screengrab and additional images via Defend Our Juries

    By The Canary

    This post was originally published on Canary.

  • Lawyers seek permission at high court to appeal against WikiLeaks founder’s extradition

    Julian Assange faces the risk of a “flagrant denial of justice” if tried in the US, his lawyers have told a permission to appeal hearing in London, which could result in the WikiLeaks founder being extradited within days if unsuccessful.

    Assange, who published thousands of classified military and diplomatic documents relating to the Afghanistan and Iraq wars, could be jailed for up to 175 years – “a grossly disproportionate punishment” – if convicted in the US, the high court heard on Tuesday.

    Continue reading…

    This post was originally published on Human rights | The Guardian.

  • Washington, D.C., February 20, 2024—As the two-day hearing of Wikileaks founder Julian Assange’s appeal against extradition from Britain to the United States opened in London on Tuesday, the Committee to Protect Journalists warned that extraditing Assange would set a dangerous precedent for media freedom.

    “Assange’s lengthy legal battle could come to an end if the U.S. Justice Department halted its dogged attempts to extradite the Wikileaks founder and dropped all charges against him,” said CPJ CEO Jodie Ginsberg in New York. “Assange’s prosecution in the U.S. would have disastrous implications for press freedom both in the U.S. and globally.”

    If extradited and convicted in the U.S., Assange faces up to 175 years in prison on 18 charges under both the Espionage Act and the Computer Fraud and Abuse Act.


    This content originally appeared on Committee to Protect Journalists and was authored by Arlene Getz/CPJ Editorial Director.

    This post was originally published on Radio Free.

  • On 21 February at the Royal Courts of Justice, London, on the application of the Attorney General, the Court of Appeal will consider whether to remove the last remaining legal defence for many activists: the belief that the owners of property would have consented to the damage caused if they fully understood the circumstances. It is commonly known as “belief in consent“.

    Until recently, it was almost unheard of for the government to interfere with legally available defences in this way.

    However, following the acquittal of the Colston Four – who toppled the statue of slave trader Edward Colston into Bristol harbour – Attorney General Victoria Prentis’ predecessor Suella Braverman made a similar intervention to prevent such a verdict being repeated in the future, which the Court of Appeal supported.

    Pattern of acquittals based on belief in consent

    Despite this, and other decisions of the higher courts, removing otherwise available defences (such as ‘necessity’), juries have continued to find ways to acquit people whose fundamental argument is that they are taking proportionate and necessary action to prevent a far greater harm.

    In just the last few months of 2023, there were a number of high profile acquittals of activists based on belief in consent, including:

    • A group who sprayed the Treasury with fake blood, to draw attention to the scale of UK Export Finance’s investments in fossil fuels around the world.
    • Nine women who broke windows at HSBC to shine a spotlight on HSBC’s £80bn financing of fossil fuel projects since the Paris Agreement.
    • Members of Palestine Action, who defaced the property of Elbit, the British-based arms company, profiteering from the bloodshed in Gaza.

    Political interference in jury trials

    On 20 December 2023, with public attention elsewhere, Prentice asked the Court of Appeal to consider removing this defence, citing high numbers of recent acquittals in criminal damage cases.

    Just a few months previously, the Guardian reported:

    Israeli embassy officials in London attempted to get the attorney general’s office to intervene in UK court cases relating to the prosecution of protesters, documents seen by the Guardian suggest.

    Defendants prevented from explaining their actions in court

    As a result, more and more people taking nonviolent direct action as a matter of conscience could find themselves in court with no legal defence and effectively banned from explaining their motivations to the jury.

    Extinction Rebellion co-founder Dr Gail Bradbrook has already been denied the use of this defence and was therefore left without any legal defence in her trial last November for breaking a window at the Department for Transport. Others have been imprisoned just for using the words ‘climate change’ and ‘fuel poverty’ in court.

    This situation, in which peaceful activists are left silenced and defenceless in court, has been described by UN Special Rapporteur on Environmental Defenders, Michel Forst as “extremely concerning”.

    Last month, in a report commissioned and released by the UN, he noted that:

    It is very difficult to understand what could justify denying the jury the opportunity to hear the reason for the defendant’s action, and how a jury could reach a properly informed decision without hearing it, in particular at the time of environmental defenders’ peaceful but ever more urgent calls for the government to take pressing action for the climate.

    When is a ruling expected?

    Time and time again, when people have been to explain their motivations to a jury of their peers, and to communicate the evidence that direct action is effective in bringing about political change, juries find them not-guilty.

    The Attorney General is attempting to end the pattern, even if it means compromise to fundamental legal principles, such as the right of a defendant to a serious criminal charge to explain their action to a jury of their peers.

    The hearing of the Attorney General’s application will be completed on 21 February. Although the hearing may give a good indication of the Court’s position, it is common for the Court of Appeal to reserve judgement (ie to issue their ruling at a later date).

    Crowds to gather for three momentous hearings

    On the same day, two other momentous cases will also be heard at the Royal Courts of Justice.

    The final appeal of Julian Assange against extradition to the US; and the legal challenge to the Government’s ‘net zero strategy’ brought by the Good Law Project and Friends of the Earth.

    Crowds will gather at 9am on 21 February outside the court to hear from a number of expert witnesses concerning the implications of the Attorney General’s application, including a number of those who have been acquitted on the basis of the defence of consent.

    Featured image via Defend Our Juries

    By The Canary

    This post was originally published on Canary.