Category: WikiLeaks

  • This article was originally published at our reader-supported newsletter, The Dissenter. Become an annual paid subscriber to help us continue our independent journalism.

    A group of journalists and lawyers, who visited WikiLeaks founder Julian Assange while he was living under political asylum in the Ecuadorian embassy, sued the CIA and former CIA director Mike Pompeo. They allege that the agency under Pompeo spied on them in violation of their privacy rights.

    Undercover Global S.L., a private security company in Spain, and the company’s director David Morales are also named as defendants. UC Global ramped up surveillance against Assange and shared audio and video footage from the embassy with “American intelligence.”

    “The United States Constitution shields American citizens from US government overreach even when the activities take place in a foreign embassy in a foreign country. Visitors who are lawyers, journalists and doctors frequently carry confidential information in their devices,” declared Richard Roth, who is the lead attorney representing the plaintiffs.

    “They had a reasonable expectation that the security guards at the Ecuadorian embassy in London would not be US government spies charged with delivering copies of their electronics to the CIA,” Roth added.

    Two of the plaintiffs are attorneys who have represented Assange—Margaret Rather Kunstler, a civil rights activist and human rights attorney, and Deborah Hrbek, a media lawyer.

    The other two plaintiffs are journalists Charles Glass and John Goetz, who worked for Der Spiegel when the German media organization first partnered with WikiLeaks to publish documents on the Afghanistan and Iraq wars.

    The lawsuit comes around two months after United Kingdom Home Secretary Priti Patel approved the US extradition request against Assange. His legal team has submitted two separate appeals in the UK courts, yet it is increasingly evident that Assange could be flown to the US to face Espionage Act charges that civil liberties, human rights, and press freedom organizations around the world have condemned.

    According to the complaint [PDF] filed in a US court in the Southern District of New York, Glass, Goetz, Hrbek, and Kunstler, like all visitors, were required to “surrender” their electronic devices to UC Global employees hired by Ecuador to provide security for the embassy. What they did not know is that UC Global “copied the information stored on the devices” and allegedly shared the information with the CIA. Pompeo allegedly authorized and approved the action.

    Security required plaintiffs to leave their devices with them, which contained “confidential and privileged information about their sources or clients. This information was copied and allegedly shared with the CIA.

    It is estimated that “well over 100 American citizens who visited Assange at the Ecuadorian embassy” had their privacy rights violated. This includes attorneys who were there to represent Assange, journalists who traveled to interview him, and even doctors who came to the embassy to assess and treat his deteriorating health. Their privileged communications stored on electronic devices were compromised.

    The CIA-backed spying operation began around January 2017 and lasted until UC Global’s contract was terminated around April 2018. By that time, the Justice Department under President Donald Trump already had a sealed indictment against Assange.

    Pompeo allegedly approved the placement of hidden microphones in new cameras at the embassy. He allegedly approved bugging the embassy with hidden microphones. He allegedly signed off on a plan to allow the CIA to “observe and listen to Assange’s daily activities at the embassy.”

    Also, the complaint claims Pompeo approved the copying of visitors’ passports, “including pages with stamps and visas.” He ensured that all “computers, laptops, mobile phones, recording devices, and other electronics brought into the embassy,” were “seized, dismantled, imaged, photographed, and digitized.” This included the collection of IMEI and SIM codes from visitors’ phones.

    Morales did not speak very good English, yet as further evidence that UC Global was working for the CIA, the complaint notes that UC Global employees were given “written technology instructions” for live streaming and audio associated with the surveillance” that were in “perfect English.”

    There was an “external streaming access point” for “American intelligence” sent from the “Venetian Hotel,” or the Las Vegas Sands, the complaint asserts.

    Around January 2017, Morales traveled to the Shooting, Hunting, and Outdoor (SHOT) convention at Las Vegas Sands. The convention was an expo for the private security industry. Security personnel for Las Vegas Sands spoke with Morales and reportedly recruited Morales to spy on Assange for the CIA.

    When Morales returned to Spain, at least one whistleblower from UC Global has said Morales told employees the company was now “in the big league,” and they would be working for the “dark side.” He indicated “the Americans” would help UC Global secure major contracts throughout the world.

    The complaint says former UC Global employees believe the “deal included selling information obtained through the illegal surveillance of Assange to the CIA.”

    Additionally, the complaint claims that CIA handlers in the US were collecting recordings from Morales either through delivery to Las Vegas, Washington, DC, or New York or through transfers on an FTP server at UC Global offices that gave CIA personnel external access to the material.Tip Jar

    Reporting from the Spanish newspaper El País previously corroborated many of the claims in the complaint. Their journalism was based upon primary source materials shared with them by whistleblowing UC Global employees.

    Some of these revelations were part of Assange’s challenge to the US extradition request, but a UK magistrates’ court dismissed the allegations as irrelevant to the indictment from the US Justice Department.

    In September 2021, Yahoo! News published a bombshell report on “secret war plans” against Assange that involved proposals for kidnapping and assassinating Assange after Pompeo became obsessed with the WikiLeaks founder following the media organization’s publication of CIA hacking materials that became known as the “Vault 7” materials.

    Pompeo labeled the organization a “non-state hostile intelligence agency,” and in April 2017, he made it the focus of his first speech as CIA director. “The one thing [current] whistleblowers don’t need is a publisher,” since the internet already enables enough sharing of information.

    During the speech, Pompeo called Assange a “coward,” a “fraud,” and a “narcissist.” He pledged to pursue a “long term” campaign to neutralize WikiLeaks.

    “Assange remained in the embassy in London for 7 years, believing he would face extradition to the US if he left the building,” stated Deborah Hrbek. “He was pilloried as a paranoid narcissist for this belief. As it turns out, he was right.”

    The lawsuit is a Bivens action, which stems from a precedent-setting case that established the ability of US citizens to sue US government officials.

    US courts have been historically reluctant to allow plaintiffs to pursue damages, especially if it involves sensitive national security or foreign policy matters.

    The post CIA, Pompeo Sued For Allegedly Spying On US Attorneys And Journalists Who Met With Assange appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • I feel for American basketball player Brittney Griner. Did she break the law? Yes, she did, and she pled guilty at trial. But a sentence of nine years — to be spent in what the New York Times calls a “penal colony” — for bringing hashish into Russia for self-treatment (assuming this is true) seems overly harsh. But the law can be an ass. If humans have sovereignty over their own bodies, then it is just plain wrong to be hassled for what one chooses to consume.

    On the other hand, Griner should be accorded the same treatment from the Russian justice system as any Russian would be accorded. If this has been the case, then it can be argued that justice was meted out without favoritism in the Russian system.

    Still, if it was a packing error, then Griner is paying a high price for a mistake that on its face would cause no harm to any other person.

    US president Joe Biden called the sentence “unacceptable” and said he will do all he can to bring Griner back to the United States. When a country considers that one of its citizens is a victim of injustice abroad, then a country should agitate on behalf of its citizen.

    A prisoner swap with Russia has already been broached by the US, so Griner may be back stateside before long.

    Julian Assange: A Victim of Injustice

    There is a current case, however, that speaks to notions of justice in western countries. Biden apparently considers the American legal pursuit of Assange — an Australian citizen whose acts (i.e., journalism) were committed outside the US — as acceptable. The US claim to extraterritoriality is well known to China and Meng Wanzhou.

    WikiLeaks founder Julian Assange has been languishing in some form of incarceration for over 20 years, and he now faces potential imprisonment for the rest of his life if extradited and found guilty of espionage in the US. People who are clued in realize these charges are as phony as the sexual crimes alleged and dropped against him by Sweden. Assange’s actual “crime” is exposing the crimes of the US; especially revelatory was the Collateral Murder video where US troops in an Apache helicopter gleefully gunned down Iraqi citizens on a street in Baghdad. The murderers remain scot-free. For exposing war crimes, Assange and Bradley Manning have been punished.

    Is Australia concerned about justice for its citizens? Assange has hardly received an iota of Australian government concern or assistance compared to that Griner has received from the US. Assange has also received scant support from the Australian monopoly media. In fact, Australian government leaders and media have usually criticized Assange or distanced themselves from him.

    What if China were switched with the US and found itself faced with what Assange is accused of by the US? What would be the situation then?

    Assange who has not been overly kind to China, has, nonetheless, received support from China. Foreign Ministry spokesperson Wang Wenbin said, “All eyes are on Assange’s human rights conditions and what may become of him. Let us hope and believe that at the end of the day, fairness and justice will prevail. Hegemony and abuse of might will certainly not last forever.”

    The post Justice in the Land of the FreeTM first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • They really do want to kill him.  Perhaps it is high time that his detractors and sceptics, proven wrong essentially from the outset, admit that the US imperium, along with its client states, is willing to see Julian Assange perish in prison.  The locality and venue, for the purposes of this exercise, are not relevant.  Like the Inquisition, the Catholic Church was never keen on soiling its hands, preferring the employ of non-church figures to torture their victims.

    In the context of Assange, Britain has been a willing jailor from the start, guided by the good offices of Washington and none too keen in seeing this spiller of secrets released into the world.  Bail has been repeatedly, and inexcusably, refused, despite the threats posed by COVID-19, the publisher’s own deteriorating health, and restrictions upon access, at regular intervals, to legal advice from his team.  Just as some banks are deemed too large to fail, Assange is considered too large a target to escape.  Let loose again, he might do what he does best: reveal government venalities in war and peace and prove the social contract a gross deception and mockery of our sensibilities.

    The UK legal system has been the ideal forum to execute the wishes of Washington.  Each legal branch that has examined the extradition case has assiduously avoided the bigger picture: the attack on press freedom, exposing war crimes, illegal surveillance of a political asylee in an embassy compound, the breaches of privacy and legal confidentiality, the encroachments upon family life, the evidence on proposed abduction and assassination, the questionable conflicts of interest by some judicial members, the collusion of State authorities.

    Instead, the courts, from the outside, have taken a blade to cut away the meatiest, most solid of arguments, focusing on a sliver that would be, in due course, defeated.  The sole decision that favoured Assange only did so by essentially regarding him as an individual whose mental fragility would compromise him in a US prison facility.  In such a case, suicide would be virtually impossible to prevent.  District Judge Vanessa Baraitser, who made the ruling, thought little of the publisher’s credentials, heartily agreeing with the prosecution that no journalist would have ever exposed the names of informants.  (This farcical interpretation was rebutted convincingly in the Old Bailey trial proceedings.)

    The rest has been a grotesque show of gargantuan proportions, with the High Court and the Supreme Court showing themselves to be political dunces or, which is not much better, dupes.  Believing a number of diplomatic assurances by US prosecutors on Assange’s post-extradition fate, made after the original trial, seemed awfully close to a form of legal match-fixing.  We all know that court cases and the law can be analogised as betting and having a punt, the outcome never clear till it arrives, but this was positively ludicrous.

    To anyone following the trial and knowing the feeble nature of reassurances made by a State power, especially one with the heft of the United States, promises about more commodious accommodation, not being subject to brutal special administrative measures, and also being allowed to apply for a return to Australia to serve the balance of the term, was pure, stenchy balderdash.

    Amnesty International is unequivocal on this point: diplomatic assurances are used by governments to “circumvent” various human rights conventions, and the very fact that they are sought to begin with creates its own dangers.  “The mere fact that States need to seek diplomatic assurances against torture and other cruel, inhuman or degrading treatment or punishment (other ill-treatment) is indicative of a risk of torture.”

    The US prosecuting authorities have even gone so far as to weaken their own position, making their undertakings conditional.  Typically, they shift the focus back on Assange, suggesting that he might influence matters by his own mischievous conduct.  All in all, nothing said was binding, and the glue holding the promises together might, at any given moment, dissolve.

    Admirably, Assange continues to have some fiercely dedicated followers who wish him well and wish him out.  Independent Australian MP Andrew Wilkie has the sort of certitude that can pulverise the attitudes of bleak sceptics, though even he must nurse a few doubts.  In his address to supporters of Assange in Canberra, delivered on the lawns of the Australian Parliament, he was confident that keeping “the pressure up” would eventually lead to justice for the publisher.

    In a crisp summation, Wilkie distilled the case.  “The US wants to get even and for so long the UK and Australia have been happy to go along for the ride because they’ve put bilateral relationships with Washington ahead of the rights of a decent man.”  Keep maintaining the rage, he urged his audience.

    The matter is considered so urgent that Australian Doctors For Assange have warned that death may be peeking around the corner.  “Medical examinations of Julian Assange in Belmarsh prison in the UK,” stated spokesman Robert Marr, “have revealed that he is suffering from severe life-threatening cardiovascular and stress-related medical conditions, including having a mini-stroke as a result of his imprisonment and psychological torture.”

    The organisation has written to US Ambassador Carolyn Kenney “requesting she urgently ask President Biden to stop the US persecution of Australian citizen Julian Assange for merely publishing information provided to him and stop the US attempt to extradite him from the UK.”

    From the Australian perspective, we can already see that there is a go-slow, cautious approach to Assange’s fate, which also serves the lethal agenda being pursued by the US prosecutors.  Despite a change of the guard in Canberra, the status quo on power relations between the two countries remains unaltered.  Everyone, bar Assange, seems to have time to wait.  But in terms of life and health, the time in question is almost done.

    The post Penal Assassination: The Gradual Effort to Kill Assange first appeared on Dissident Voice.

  • The following article originally appeared as part of The Dissenter Newsletter. Support independent journalism and become a monthly subscriber.

    A federal jury in New York convicted former CIA employee Joshua Schulte of violating the Espionage Act when he allegedly released materials on the CIA’s hacking capabilities to WikiLeaks.

    This was the second trial against Schulte. In March 2020, his first trial ended in a mistrial on several Espionage Act charges, but he was found guilty of contempt of court and lying to the FBI.

    Unlike the first trial, Schulte represented himself and argued his case. He again maintained he was not the source of the leaks published by WikiLeaks.

    The jury deliberated for nearly three days before announcing a verdict. Judge Jesse M. Furman in the Southern District of New York did not schedule a sentencing date because there are other charges pending against Schulte.

    Known as the “Vault 7” materials, WikiLeaks began releasing documents on March 7, 2017. They came from what WikiLeaks described as an “isolated, high-security network situated inside the CIA’s Center for Cyber Intelligence.”

    Documents revealed how the CIA could target iPhones, Androids, and Samsung TVs and convert the devices’ microphones into bugs used to spy on targeted persons. Malware was also developed to infect Microsoft Windows users, and the CIA was “hoarding” security vulnerabilities in software and hardware that they could use for their covert operations instead of notifying companies that users were at risk of being hacked.

    It was one of the largest leaks of information in the history of CIA and a huge embarrassment for then-CIA Director Mike Pompeo, who responded by labeling WikiLeaks a “non-state hostile intelligence agency” and developing “secret war plans” against the media organization that included kidnapping or even killing WikiLeaks founder Julian Assange.

    The US government has charged Assange with violating the Espionage Act, and the UK government authorized his extradition in June.

    Assistant US Attorney Michael D. Lockard asserted that on April 20, 2016, Schulte “stole the entirety of the CIA’s highly sensitive cyber intelligence capabilities.” This occurred just days after the CIA “locked the defendant out of the secure restricted vault-like location on the network.”

    “Shortly after stealing this extraordinarily sensitive intelligence information, the defendant transmitted those backups to WikiLeaks, knowing full well that WikiLeaks would put it up on the internet,” Lockard argued. “In the weeks following this break-in, the defendant took every step he would need to take in order to transmit those files to WikiLeaks. He downloaded a program that WikiLeaks itself recommends to leakers to use to send stolen data.”

    The program Schulte downloaded was Tor, and it is a widely used privacy tool that was supported through funds from the US State Department. He also downloaded Tails, which can be used to make a computer forget websites, files, passwords, and devices and Wi-Fi networks.

    Lockard said, “[WikiLeaks] tell[s] you to use Tails as an operating system that allows you to hide all of your activity.”

    But like Tor, Tails can be used by anyone who cares about their privacy in an age of digital surveillance.

    Lockard cast Schulte as a disgruntled employee and insisted he was known at the CIA for filing “false complaints,” bragging about his access to the classified computer network, and defying his supervisors.

    “The defendant would like to think of himself as a bad ass, but in fact, he is a ticking time bomb, a nuclear bomb, one that was ready to explode at any perceived provocation or disrespect,” Lockard declared. “And in April and May of 2016, the defendant, the so-called nuclear option, set out to lay waste to the CIA’s cyber program, to prove his superiority, and to punish the people who he believed had wronged him. In carrying out that revenge, he caused enormous damage to this country’s national security.”

    But US prosecutors never presented any forensic evidence to specifically tie Schulte to the publication of the CIA hacking materials on WikiLeaks.

    Schulte acted very confident during his closing argument. He insisted that Lockard was “worried about the lack of evidence” because he had told the jury the “lack of evidence is not evidence of innocence.”

    “He’s worried there was no forensic artifact of a log-in to the Confluence server [the server that allowed employees to share information],” Schulte stated. “He’s worried there was no forensic artifact of a copy command. And he’s worried there was no forensic artifact of the transmission to WikiLeaks. And finally, he’s worried there was no forensic artifact of any communication at all between me and WikiLeaks.  He should be worried ‘because that is reasonable doubt.’”

    As Schulte put it, the CIA “had no idea that its crown jewels” were stolen until the material appeared on WikiLeaks. “The CIA was under pressure—I will say tremendous pressure—to find out what was leaked, how it was leaked, and who leaked it. They wanted to hold someone responsible for the leak, and so they began immediately an investigation, an investigation that focused on me.”

    Schulte left the CIA on “bad terms” in November 2016. According to Schulte, “The lead FBI agent admitted that they had not even interviewed a single CIA witness. They had not even finished seizing the DevLAN network [which stored all the source code for hacking tools], let alone actually reviewed it. They had not conducted any investigation at all, and yet I was already the target of their investigation.”

    “Then, within a week, the FBI concocted an impossible theory that the WikiLeaks crime occurred on March 7, 2016, because it was precisely a year before the leaks. That was a day when many other people were at a manager offsite, and I was left alone in the office with no one to see what I was doing. And so the FBI argued I must have stolen the CIA’s files,” Schulte added.

    Frank Stedman, who worked with Schulte, described why he was known as the “nuclear option.” It had nothing to do with someone prone to leaking classified information. He said Schulte did not care about the process for raising complaints. He would not play nice.

    “If there was, like, a project or something that we didn’t want to do or we thought was a bad idea, the joke was that we could bring him into the meeting and he would tell the customer to their face that they were stupid, that their idea was stupid, that we weren’t going to do it,” Stedman testified.

    It came out in testimony during both trials that at one point Schulte expressed views against leaking and suggested that NSA whistleblower Edward Snowden was a traitor who deserved to be executed.

    Prosecutors attempted to stop Schulte from insisting that there was information from the “Vault 7” materials, which was already publicly available. So the government had not taken steps to protect it, and he could not be guilty of violating the Espionage Act. Judge Furman allowed the argument.

    There was scant coverage of both trials from the US news media. Matthew Russell Lee, who publishes to an independent site called Inner City Press, covered the trials—and all hearings in between.

    Schulte was designated for special administrative measures, or SAMs, by Attorney General Jeff Sessions, and Lee successfully won the unsealing of records related to Schulte’s civil complaint against the US government for cruel and inhuman treatment in Metropolitan Correctional Center New York. (The prison shut down as a result of deteriorating conditions in August 2021.)

    Attorney General Merrick Garland has continued to impose the restrictive conditions against Schulte, which prohibit any communications with journalists, require an FBI agent to monitor limited communications with immediate family, and ban him from talking with any inmates.

    While at MCC New York, Schulte complained, “SAMs inmates are locked in concrete boxes the size of parking spaces with purposefully obstructed views of outside. The cages are filthy and infested with rodents, rodent droppings, cockroaches, and mold.”

    “There is no heating or air conditioning in the cages. There is no functioning plumbing. The lights burn brightly 24 hours per day, and the inmates are denied outside recreation, normal commissary, normal visitation, access to books and legal material, medical care, and dental care.”

    Schulte is now confined at the Metropolitan Detention Center in Brooklyn. He has several child pornography charges pending against him that stem from the FBI raid on his Manhattan apartment on March 15, 2017.

    The post Jury Finds Former CIA Programmer Guilty Of Leaking CIA Hacking Materials To WikiLeaks appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • Beware powerful people who claim that democratic governments in the United States, Britain and Australia administer justice always according to some time-honoured principle about rules of law, argues Stuart Rees.

    This post was originally published on Green Left.

  • Supporters of free speech and whistleblowers gathered outside the Tasmanian Parliament to mark Julian Assange’s birthday. Jo Errey reports.

    This post was originally published on Green Left.

  • Kamala Emanuel reviews Nils Melzer’s highly readable book that offers a wealth of information on the ongoing persecution and torture of Wikileaks founder Julian Assange.

    This post was originally published on Green Left.

  • As reported by The Canary, on 17 June, home secretary Priti Patel gave her approval to a court ruling to extradite WikiLeaks founder Julian Assange to the US. He will face 17 counts of violating the Espionage Act and one of conspiracy to commit computer intrusion. Assange’s lawyers are planning to appeal Patel’s approval of extradition and cross-appeal on other grounds – including a breach of client-lawyer confidentiality. But the High Court will have to approve those appeal requests. A judicial review of Patel’s decision is also possible.

    In addition, Assange may appeal to the European Court of Human Rights (ECHR). However, proposed UK legislation could make such an appeal problematic – and not just for Assange.

    ECHR rulings easier to override

    A British Bill of Rights (BBR) has been introduced by UK justice secretary and deputy prime minister Dominic Raab and is currently at the second reading stage. The bill is bypassing measures for pre-legislative scrutiny, which will allow it to “avoid demands from parliamentary committees”.

    If enacted, the BBR will replace the 1998 Human Rights Act, which incorporated rights defined by the European Convention on Human Rights (the ‘Convention’).

    The ECHR is the judicial wing of the Council of Europe, which the UK joined in 1949 with Winston Churchill as a prime mover. Raab has made it clear that the UK will not leave the ECHR. However, the BBR as written would allow UK courts to more easily override rulings by the ECHR. Indeed, the BBR makes “explicit that the UK Supreme Court is the ultimate judicial arbiter”. In a press release, it emphasises “that the case law of the European Court of Human Rights does not always need to be followed by UK courts”.

    ECHR role weakened

    Alongside the BBR, a government memorandum specifically addresses future UK dealings with the ECHR. For example, it states there will be a change in approach as to the: “interpretation and application of Convention rights (clauses 3 – 8)”.

    The memorandum also makes it clear that “the Supreme Court is the ultimate judicial authority on questions arising in domestic law in connection with the Convention rights”. And the bill adds that “the new clauses [in the bill] are intended to lead to a greater willingness by the domestic courts to decline to follow Strasbourg jurisprudence”.

    The BBR further intends that human rights claimants will have to demonstrate they have “suffered a significant disadvantage” before permission is granted for their claim to be heard in court.

    All in all, the clauses listed in the bill appear to weaken the role of the ECHR, while providing greater opportunities for parliament to intervene.

    “Rights removal bill”

    Law Society president I. Stephanie Boyce said that the proposed legislation “would make it harder for all of us to protect or enforce our rights”. She added:

    Dismantling [the Human Rights Act] will have far-reaching consequences, conferring greater unfettered power not just on the government of today, but also on future ruling parties, whatever their ideology.

    If the new Bill of Rights becomes law, it would make it harder for all of us to protect or enforce our rights. The proposed changes make the state less accountable. This undermines a crucial element of the rule of law, preventing people from challenging illegitimate uses of power.

    UK chief executive of Amnesty International Sacha Deshmukh commented:

    Ignore the name of this new legislation. It is a rights removal bill, and it will leave us all the poorer.

    Case study: Julian Assange

    Assange’s defence lawyer Jennifer Robinson said that he will cross-appeal in the UK courts on grounds of free speech, the inability to get a fair trial in the US, the political nature of the case, and the spying that took place on Assange and his legal team.

    If necessary, she adds, he will also appeal to the ECHR:

     

    Back in August 2020, Lawyers for Assange published an open letter that outlined the articles of the Convention and other bodies that the extradition of the WikiLeaks founder would arguably contravene.

    For example, in regard to the breach of client-lawyer confidentiality, it stated:

    Mr. Assange’s legal privilege, a right enshrined in Art. 8 European Convention on Human Rights (ECHR) and long recognised under English common law, was grossly violated through constant and criminal video and audio surveillance at the Ecuadorian embassy carried out by the Spanish security firm, UC Global. …

    The surveillance resulted in all of Mr. Assange’s meetings and conversations being recorded, including those with his lawyers. The Council of Bar and Law Societies of Europe, which represents more than a million European lawyers, has expressed its concerns that these illegal recordings may be used – openly or secretly – in proceedings against Mr. Assange in the event of successful extradition to the US. The Council states that if the information merely became known to the prosecutors, this would present an irremediable breach of Mr. Assange’s fundamental rights to a fair trial under Art. 6 of the ECHR and due process under the US Constitution.

    In February 2020, the Council of Europe’s commissioner for human rights issued a strongly-worded statement on the Assange case, concluding:

    In view of both the press freedom implications and the serious concerns over the treatment Julian Assange would be subjected to in the United States, my assessment as Commissioner for Human Rights is that he should not be extradited.

    But should an application to the ECHR be lodged after this act is passed, and the court rules in Assange’s favour, the BBR as currently worded, will enable UK courts to more easily ignore that ruling.

    Dangerous times

    Rather than enhance our rights, the BBR will serve to diminish them. For example, UK courts will be better positioned to ignore ECHR rulings in relation to the offshore processing of refugees, which will no doubt please Johnson’s xenophobic constituency.

    The BBR also comes at a time when other contentious bills are being examined. They include the National Security Bill, which seeks to jail journalists, and the Public Order Bill, which seeks to further criminalise protests.

    These are dangerous times

    Featured image via Wikimedia Commons/CherryX cropped to 770×403 pixels

    By Tom Coburg

    This post was originally published on The Canary.

  • Activists called on Prime Minister Anthony Albanese to “get on the phone” to the United States and British leaders to free Julian Assange. Jim McIlroy reports.

    This post was originally published on Green Left.

  • As the British government moves ever closer to extraditing WikiLeaks founder Julian Assange to the United States, the pantomime of “justice” cloaking his persecution in the regalia of the “rule of law” continues to unfold: a torture rendition by another name, inching forward as the world watches in real time.

    On June 17, the U.K.’s Home Secretary Priti Patel approved the extradition of Assange to the United States, following the magistrate court’s order that the transfer should proceed.

    In this fundamentally skewed process, Assange’s capacity to meaningfully defend himself has been systematically assaulted by government smear campaigns; surveillance of his lawyers; and stultifying, arbitrary rules and restrictions obstructing him from participating in his own case — as documented in detail by United Nations Special Rapporteur on Torture Nils Melzer in his recent book, The Trial of Julian Assange.

    Previously, U.S. officials discussed “options” for kidnapping Assange and assassinating him by poison — tactics ultimately dismissed as “something we’d do in Afghanistan,” Egypt or Pakistan, but not the U.K. Therefore, they’ve opted for the more “civilized” alternative. Instead of kidnapping, extradition. And instead of assassination, entombment in the torturous U.S. carceral system, where Assange faces a death-in-prison sentence of 175 years for exposing U.S. war crimes in Afghanistan and Iraq.

    How is this, in essence and effect, anything but the “legal” equivalent of an extraordinary rendition — defined by the American Civil Liberties Union as “the practice of capturing people and sending them to countries that use torture or abuse in interrogations”?

    While the U.S.’s infamous extraordinary rendition program has (now) been officially condemned and supposedly ceased, rendition to torture via legalized means is enduringly embraced.

    In “extraordinary” rendition, hundreds of “war on terror” detainees were secretly imprisoned and brutalized in CIA black sites around the world. In “legalized” rendition, the torture chambers are not foreign black sites but prisons transformed into “Guantánamo Norths” within the U.S. itself.

    In “extraordinary” rendition, victims were seized off the streets extrajudicially by the CIA. In the “legalized” version, the condemned are delivered into U.S. hands through judicially sanctioned means such as extradition — abusive processes accorded an aura of legal legitimacy.

    U.S. courts have upheld transfers into U.S. custody even when the targets have been abducted at gunpoint, severely beaten, burned, kept in secret offshore captivity for weeks or months (an increasingly popular practice with U.S. law enforcement), and electrocuted in their feet and genitals: acts of violence for which the courts have refused to provide any legal redress because they occurred outside the U.S.

    In “legalized” rendition, as in “extraordinary” rendition, detainees have been subjected to intensive solitary confinement, forced nudity, sexual humiliation, sensory deprivation, extreme light and temperature exposure, and other mechanisms of deliberate “psychic demolition”; although the degree of isolation and control achieved in domestic U.S. prisons under regimes such as “special administrative measures” is in many ways even more totalizing than at Guantánamo Bay.

    Solitary confinement for more than 15 days constitutes a violation of the UN Convention Against Torture, according to UN experts; yet U.S. “supermax” facilities are specifically designed to incarcerate hundreds of prisoners in crushing isolation for not days, but years, on end.

    In extraordinary rendition, the victims were disappeared into “legal black holes.” In legalized rendition, the law itself is wielded as an instrument to dominate and torment.

    As Richard Abel, distinguished professor of law at the University of California Los Angeles, observes in his book, Law’s Trials: The Performance of Legal Institutions in the US “War on Terror”: “Conservatives have accused those defending the rule of law of committing ‘lawfare’: abusing law to obstruct the government’s essential and legitimate conduct of the ‘war on terror.’ But ‘lawfare’ better characterizes how the government itself has deployed law in waging that ‘war.’”

    Ahmed Abu Ali, for instance, was extradited to the U.S. on “terrorism” accusations, after almost two years of detention in Saudi Arabia without charge. U.S. judges declared that his confession to Saudi interrogators was “voluntary” — “the court found believable the testimony of Saudi officers that they confined Abu Ali under reasonable conditions” — even in the face of the torture scars on his back, and the U.S. State Department’s own previous reports testifying to Saudi authorities’ use of “torture and abuse to obtain confessions from prisoners.”

    Despite the court’s acknowledgement that “the independent evidence does not prove Abu Ali’s guilt of any crime,” he was sentenced to 30 years. This was subsequently increased to a life sentence upon appeal. Ali continues to endure this sentence under a shroud of solitary confinement and secrecy so opaque his own family has not been allowed contact visits with him for 17 years.

    Incredibly, U.S. courts have even managed to find that confessions were legally valid and uncoerced when procured at known U.S. torture centers like Bagram Air Base — “Afghanistan’s Abu Ghraib,” where detainees were hung from the ceiling, shackled naked in stress positions, and beaten so harshly that autopsies revealed injuries comparable to being run over by a bus.

    Aafia Siddiqui’s admission to attempting to shoot a U.S. soldier in Afghanistan was deemed “voluntary” by the U.S. Court of Appeals, on the basis of FBI agents’ assertions that “during the course of her stay at Bagram … the agents endeavored to meet Siddiqui’s needs as best they could.” She is now on year 12 of a 86-year sentence at the federal penitentiary in Fort Worth, Texas, illustrating yet again how in the U.S. criminal legal system, extralegal torture and legal punishment are two sides of the same sword.

    Yemeni cleric Mohammed Al-Moayad — known as the “father of the poor” — was lured to Germany by a CIA entrapment operation promising donations to his charities, and then extradited to the U.S. on charges of funding “terrorist” groups.

    Al-Moayad’s original sentence of 75 years was eventually overturned because of the gross unfairness of his trial, and he was deported back to Yemen — but not before he was made to survive five years of draconian solitary confinement during the drawn-out “due process” of his trial and appeal.

    Whether by imposition of prolonged pretrial isolation, or the threat of extreme sentences if defendants refuse to acquiesce to guilty plea deals and risk going to trial instead, the legal process itself is used to tighten the screws of suffering and force subjects to submit to officials’ will: the definition of torture in international law.

    Soccer player Nizar Trabelsi has been incarcerated in unrelenting solitary confinement while awaiting trial for the last nine years, since his extradition from Belgium to the U.S. in 2013. The extradition was carried out despite the European Court of Human Rights finding that it would violate the international legal prohibition against inhuman and degrading treatment.

    Under this regime of total isolation, psychologists report that Trabelsi has been hearing voices, hallucinating insects and animals, talking to the light in his cell (which is kept on 24 hours a day), and banging his head against the wall so hard that it bleeds: a condition considered “within normal limits” of mental health, according to the prison’s official medical assessments.

    In the case of British “terrorism” extraditee Haroon Aswat, the U.K. went through the ritual of securing U.S. “assurances” that he would receive appropriate medical care for his diagnosis of paranoid schizophrenia, on the strength of which his extradition was approved by the European Court of Human Rights.

    In reality, however, Aswat was held under extreme solitary confinement at the notorious Metropolitan Correctional Center in New York — described as even more oppressive than Gitmo by a prisoner who experienced both — and then transferred to a series of prisons across the U.S., where his mental health has so deteriorated that he made three suicide attempts in one year alone.

    Perversely, U.S. prison officials cite Aswat’s present state of psychological instability — generated by his imprisonment — as a reason to continue keeping him imprisoned: a vicious carceral circle. He is currently at the Federal Correctional Institution in Sheridan, Oregon, where prisoners have been deprived of their psychiatric medications and other basic necessities like drinking water that is not out of a toilet, maggot-free meal trays, bathrooms, health care and heating — an “excruciating experience,” in the recent words of one judge.

    The U.S., too, made a habit of obtaining “assurances” of good treatment, before sending captives off to extraordinary rendition sites abroad. “They say they are not abusing them, and that satisfies the legal requirement, but we all know they do,” as one U.S. official admitted. It seems the “assurances” given by the U.S. have the same value as those solicited by the U.S.: not to protect the incarcerated, but to provide a shield of plausible deniability for those responsible for their unmitigated torment.

    While the U.S. industriously extracts “confessions” and dispenses “justice” to others around the world, the blatant evidence of its own misdeeds is perpetually expunged, explained away, exceptionalized, or (self-)excused.

    In September, for instance, a U.S. court dismissed a lawsuit by former detainees who were arbitrarily rounded up en masse after 9/11 and isolated in tiny cells, beaten, shackled, stepped on, slammed face-first into pictures of the U.S. flag pinned on the walls, gratuitously strip-searched and videotaped, forcibly sleep deprived, and verbally assaulted with racist slurs, such as “camels,” “terrorists,” and “f***ing Muslims” by guards at a maximum-security prison in New York.

    According to the court, permitting prison officials to be sued for such behaviors would not increase accountability, but on the contrary imperil it, because then the officials would simply “choose not to report abusive acts by correctional officers” at all. In other words, when it comes to prison brutality, the available options are secrecy or impunity; justice is completely off the table.

    Yet, despite all this, the U.S. prison system continues to be treated as a permissible extradition destination. Greenlighting Assange’s transfer, the British High Court remarkably characterized the U.S.’s loophole-riddled “assurances” regarding the conditions of his imprisonment as “solemn undertakings, offered by one government to another … [which] the USA has in the past frequently provided, and invariably fulfilled.”

    In refusing to dislodge their presumption of U.S. benevolence, courts insist that “the graver the allegation [of U.S. violations], the stronger must be the evidence to prove it” — the exact opposite of the logic deployed to sweepingly criminalize alleged “terrorists” and other official enemies of the state.

    From extraordinary rendition to mass incarceration, the U.S.’s “empire crimes” have been repeatedly exposed and copiously documented, yet immunized by courts as “state secrets” or “unproved.” This ongoing failure to recognize the “evidence” can only be described as torturously willful ignorance.

    This post was originally published on Latest – Truthout.

  • Last Friday’s decision by UK Home Secretary Priti Patel to authorise the extradition of Julian Assange to the United States is both deeply shameful and unsurprising. Her action paves the way for Assange to be tried under the 1917 Espionage Act, introduced by the US government shortly after entering World War I, with a sentence of 175 years if found guilty. In essence, the US wishes to set a legal precedent for the prosecution of any publisher or journalist, anywhere in the world, who reports the truth about the US.

    Despite all the warnings from human rights groups, advocates of press freedom, Nils Melzer (then UN Special Rapporteur on Torture), doctors, lawyers and many other people around the world, it has long been clear that Washington is determined to punish Assange and make an example of him as a warning to others. As always, US allies will go along with what the Mafia Godfather wants.

    US political journalist Glenn Greenwald noted that Patel’s act ‘further highlights the utter sham of American and British sermons about freedom, democracy and a free press.’ Assange is being persecuted relentlessly because he and WikiLeaks have arguably done more than anyone else to expose the vast extent of the crimes of US empire.

    Greenwald added:

    Free speech and press freedoms do not exist in reality in the U.S. or the UK. They are merely rhetorical instruments to propagandize their domestic population and justify and ennoble the various wars and other forms of subversion they constantly wage in other countries in the name of upholding values they themselves do not support. The Julian Assange persecution is a great personal tragedy, a political travesty and a grave danger to basic civic freedoms. But it is also a bright and enduring monument to the fraud and deceit that lies at the heart of these two governments’ depictions of who and what they are.

    Dissident Australian journalist Caitlin Johnstone made a similar point, that Assange’s ‘refusal to bow down and submit’ has:

    exposed the lie that the so-called free democracies of the western world support the free press and defend human rights. The US, UK and Australia are colluding to extradite a journalist for exposing the truth even as they claim to oppose tyranny and autocracy, even as they claim to support world press freedoms, and even as they loudly decry the dangers of government-sponsored disinformation.

    Peter Oborne, an all-too-rare example of a journalist speaking out on behalf of Assange, called Patel’s decision a ‘catastrophic blow’ to press freedom. But, he said, it was a blow that had been carried out with:

    the silent assent of much of the mainstream press. Too many British newspapers and broadcasters have treated the Assange case as a dirty family secret. They have failed to grasp that the Assange hearing leading up to the Patel decision is the most important case involving free speech this century.

    Not only was there ‘silent assent’, but much of the media actually cheered and applauded Assange’s arrest in the Ecuadorian Embassy in April 2019 ‘with undisguised glee’, as Alan MacLeod wrote at the time:

    The Daily Mail’s front-page headline (4/12/19) read, “That’ll Wipe the Smile Off His Face,” and devoted four pages to the “downfall of a narcissist” who was removed from “inside his fetid lair” to finally “face justice.” The Daily Mirror (4/11/19) described him as “an unwanted guest who abused his hospitality,” while the Times of London (4/12/19) claimed “no one should feel sorry” for the “overdue eviction.”

    The Mirror (4/13/19) also published an opinion piece from Labour member of Parliament Jess Phillips that began by stating, “Finally Julian Assange, everyone’s least favourite squatter, has been kicked out of the Ecuadorian embassy.” She described the 47-year-old Australian as a “grumpy, stroppy teenager.”

    Oborne also noted that Patel’s decision:

    turns investigative journalism into a criminal act, and licenses the United States to mercilessly hunt down offenders wherever they can be found, bring them to justice and punish them with maximum severity.

    Andrew Neil, the right-wing journalist and broadcaster, reflexively listed Assange’s supposed faults (‘reckless’, ‘stupid’, ‘narcissist’) in a Daily Mail opinion piece. But he still made clear his opposition to Assange’s extradition:

    It is thanks to Assange that we know many appalling things that America would prefer we didn’t know. He does not deserve to spend the rest of his life in some high-tech American hellhole for doing what should come naturally to all good journalists — exposing what powerful people don’t want to be exposed.

    The BBC’s John Simpson and Mail on Sunday columnist Peter Hitchens have also been supportive of Assange.

    But the few editorials that appeared in the British ‘mainstream’, while meekly and belatedly opposing extradition, were much less damning in their comments. According to our searches of the Lexis-Nexis newspaper database, the first edition of the Independent’s editorial was titled, ‘It’s time to release Assange – he has suffered enough’. By the time the editorial appeared online, the title had been watered down to:

    Justice for Julian Assange should be tempered with mercy

    And an extra line had been added:

    The WikiLeaks founder is no hero but nor should he be a martyr

    The paper’s praise for the vital work of Assange and Wikileaks was begrudging and limited, with the usual ‘mainstream’ caveats and distortions mixed in (see Johnstone’s powerful demolition of the multiple smears against Assange):

    We were resolutely unsympathetic to Mr Assange’s claim to have been unfairly treated by the British and Swedish criminal justice systems. We urged him to face justice over the allegations of rape in Sweden, and considered his self-imprisonment in the Ecuadorian embassy in London to be a form of punishment for his refusal to do so.

    The Guardian, which had benefited enormously from Assange’s ground-breaking work – with many of its journalists publishing numerous snide articles and disparaging remarks about him – described Patel’s decision, with pathetic understatement, as ‘a bad day for journalism’. Of course, there was no mention in the editorial of the Guardian’s own shameful role in helping to create the conditions for Assange’s persecution; not least their fake front-page ‘news’ story in November 2018 claiming that Paul Manafort, Donald Trump’s former campaign manager, supposedly held secret talks with Assange in the Ecuadorian Embassy in London.

    ‘How Far Have We Sunk?’

    As Nils Melzer packed up and moved on from his term as the UN Special Prosecutor on Torture, on the day that Patel announced Assange’s extradition, he said:

    How far have we sunk if we prosecute people who expose war crimes for exposing war crimes?

    How far have we sunk when we no longer prosecute our own war criminals because we identify more with them than we identify with the people that actually exposed these crimes?

    What does that tell about us and about our governments?

    How far have we sunk when telling the truth becomes a crime?

    The questions were left hanging in the air. But anyone with basic standards of ethics and wisdom knows that a society which has sunk this low is being governed by so-called ‘leaders’ who:

    • are lacking in ethics and wisdom;
    • are driven by concerns shaped by power and profit;
    • will attempt to crush anyone who dares to expose their crimes;
    • spout deceptive rhetoric – faithfully amplified and propagated by state-corporate media – proclaiming the West’s supposed virtues and respect for ‘freedom’, ‘human rights’ and ‘democracy’.

    The persecution of Julian Assange has brought all this to the fore.

    Yes, there are tiny windows in the ‘MSM’ for eloquent expressions of the truth; such as Peter Oborne’s Guardian opinion piece cited above. But the general drift of the ‘Overton Window’ – the ‘acceptable’, tightly limited range of news and debate – has shifted towards the hard right, with journalists and commentators squeezed out for being deemed ‘toxic’, ‘radioactive’ or otherwise ‘dangerous’.

    Thus, in 2018, John Pilger, one of the finest journalists who has ever appeared in the British media, observed that:

    My written journalism is no longer welcome in the Guardian which, three years ago, got rid of people like me in pretty much a purge of those who really were saying what the Guardian no longer says any more.’

    The Guardian is a prime stoker of revitalised Cold War rhetoric about the ‘threat’ of Russia and China, mirroring what is prevalent across the whole ‘spectrum’ of ‘mainstream’ news. Indeed, as revealed by Declassified UK, an independent investigative news website, the UK’s leading liberal newspaper has essentially been ‘neutralised’ by the UK security services. Mark Curtis, editor and co-founder of Declassified UK, observed that the paper’s:

    limited coverage of British foreign and security policies gives a misleading picture of what the UK does in the world. The paper is in reality a defender of Anglo-American power and a key ideological pillar of the British establishment.

    Selective Moral Outrage

    In a recent interview, David Barsamian asked Noam Chomsky:

    In the media, and among the political class in the United States, and probably in Europe, there’s much moral outrage about Russian barbarity, war crimes, and atrocities. No doubt they are occurring as they do in every war. Don’t you find that moral outrage a bit selective though?

    Chomsky responded:

    The moral outrage is quite in place. There should be moral outrage. But you go to the Global South, they just can’t believe what they’re seeing. They condemn the war, of course. It’s a deplorable crime of aggression. Then they look at the West and say: What are you guys talking about? This is what you do to us all the time.’

    So, when the long-suffering people of the Global South encounter western news reports about Putin being the worst war criminal since Hitler:

    They don’t know whether to crack up in laughter or ridicule. We have war criminals walking all over Washington. Actually, we know how to deal with our war criminals. In fact, it happened on the twentieth anniversary of the invasion of Afghanistan. Remember, this was an entirely unprovoked invasion, strongly opposed by world opinion. There was an interview with the perpetrator, George W. Bush, who then went on to invade Iraq, a major war criminal, in the style section of the Washington Post — an interview with, as they described it, this lovable goofy grandpa who was playing with his grandchildren, making jokes, showing off the portraits he painted of famous people he’d met. Just a beautiful, friendly environment.’

    In the UK, the war criminal Tony Blair – another key player in the post-9/11 ‘War on Terror’ that led to at least 1.3 million deaths in Iraq, Afghanistan and Pakistan – was recently “honoured’ by the Queen. He became ‘a member of the Order of the Garter, the most senior royal order of chivalry’. This archaic nonsense is yet another symptom of the deeply-embedded, medieval stratification of British society, and the baubles that are handed out to preserve ‘order’ and ‘tradition’. This is revealing of the sickness at the heart of our society.

    Chomsky gave another example of how the West’s war criminals are lauded:

    Take probably the major war criminal of the modern period, Henry Kissinger. We deal with him not only politely, but with great admiration. This is the man after all who transmitted the order to the Air Force, saying that there should be massive bombing of Cambodia — “anything that flies on anything that moves” was his phrase. I don’t know of a comparable example in the archival record of a call for mass genocide. And it was implemented with very intensive bombing of Cambodia.

    The ‘justification’ for the extreme violence meted out by the West towards the Middle East and the Global South is always couched in propaganda terms proclaiming the protection of ‘human rights’, ‘democracy’ and ‘global security’. But, noted Chomsky:

    The security of the population is simply not a concern for policymakers. Security for the privileged, the rich, the corporate sector, arms manufacturers, yes, but not the rest of us. This doublethink is constant, sometimes conscious, sometimes not. It’s just what Orwell described, hyper-totalitarianism in a free society.

    Chomsky concluded:

    Meanwhile, we pour taxpayer funds into the pockets of the fossil-fuel producers so that they can continue to destroy the world as quickly as possible. That’s what we’re witnessing with the vast expansion of both fossil-fuel production and military expenditures. There are people who are happy about this. Go to the executive offices of Lockheed Martin, ExxonMobil, they’re ecstatic. It’s a bonanza for them. They’re even being given credit for it. Now, they’re being lauded for saving civilization by destroying the possibility for life on Earth. Forget the Global South. If you imagine some extraterrestrials, if they existed, they’d think we were all totally insane. And they’d be right.

    The appalling treatment of Julian Assange, especially set beside the ‘honouring’ and eulogising of the West’s war criminals, is symptomatic of this insanity.

    In a brave and eloquent interview, Stella Assange, Julian’s wife and mother of their two young children, declared that:

    We’re going to fight.

    An appeal to Britain’s High Court will be lodged within 14 days of Patel’s decision by Assange’s lawyers. As Stella Assange noted, one of the many unjust aspects of the US case against her husband is that, under the Trump administration, the CIA had plotted to assassinate Assange:

    Extradition to the country that has plotted his assassination is just – I have no words. Obviously, this shouldn’t be happening. It can never happen.

    She continued:

    That is just the tip of the iceberg of the criminal activity that has gone on, on behalf of those putting Julian in prison. For example, inside the [Ecuadorian] Embassy his legal meetings – his confidential privileged legal conversations with his lawyers – were being recorded and shipped to the United States.

    All these elements have come out since Julian’s arrest and incarceration. And we now know so much about the abuse and outright criminality that has been going on against Julian. There’s no chance of a fair trial.

    She added:

    ‘And then you have the actual case. He’s charged under the Espionage Act. He faces 175 years. There is no public interest defence under the Espionage Act. It’s the first time it’s being repurposed; it’s being used against a publisher. It’s an Act that’s been repurposed in order to criminalise journalism, basically. And, of course, if you say that publishing information is a crime, then Julian’s guilty. He published information and he faces a lifetime in prison for it.

    In conclusion, she said:

    The case is a complete aberration. That’s why you have all these major press freedom organisations and human rights organisations saying that this has to be dropped.

    We can take a significant step towards a saner society by shouting loudly for Julian Assange to be freed immediately. A good start would be to share widely this video from Double Down News in which Stella Assange describes the importance of the case and how we can all help.

    Please also visit the Don’t Extradite Assange website to see what actions you can take now.

    The post Don’t Extradite Assange first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • Events of the past few days suggest British journalism – the so-called Fourth Estate – is not what it purports to be: a watchdog monitoring the centers of state power. It is quite the opposite.

    The pretensions of the establishment media took a severe battering this month as the defamation trial of Guardian columnist Carole Cadwalladr reached its conclusion and the hacked emails of Paul Mason, a long-time stalwart of the BBC, Channel 4 and the Guardian, were published online.

    Both of these celebrated journalists have found themselves outed as recruits – in their differing ways – to a covert information war being waged by Western intelligence agencies.

    Had they been honest about it, that collusion might not matter so much. After all, few journalists are as neutral or as dispassionate as the profession likes to pretend. But along with many of their colleagues, Cadwalladr and Mason have broken what should be a core principle of journalism: transparency.

    The role of serious journalists is to bring matters of import into the public space for debate and scrutiny. Journalists thinking critically aspire to hold those who wield power – primarily state agencies – to account on the principle that, without scrutiny, power quickly corrupts.

    The purpose of real journalism – as opposed to the gossip, entertainment and national-security stenography that usually passes for journalism – is to hit up, not down.

    And yet, both of these journalists, we now know, were actively colluding, or seeking to collude, with state actors who prefer to operate in the shadows, out of sight. Both journalists were coopted to advance the aims of the intelligence services.

    And worse, each of them either sought to become a conduit for, or actively assist in, covert smear campaigns run by Western intelligence services against other journalists.

    What they were doing – along with so many other establishment journalists – is the very antithesis of journalism. They were helping to conceal the operation of power to make it harder to scrutinize. And not only that. In the process, they were trying to weaken already marginalized journalists fighting to hold state power to account.

    Russian collusion?

    Cadwalladr’s cooperation with the intelligence services has been highlighted only because of a court case. She was sued for defamation by Arron Banks, a businessman and major donor to the successful Brexit campaign for Britain to leave the European Union.

    In a kind of transatlantic extension of the Russiagate hysteria in the United States following Donald Trump’s election as president in 2016, Cadwalladr accused Banks of lying about his ties to the Russian state. According to the court, she also suggested he broke election funding laws by receiving Russian money in the run-up to the Brexit vote, also in 2016.

    That year serves as a kind of ground zero for liberals fearful about the future of “Western democracy” – supposedly under threat from modern “barbarians at the gate,” such as Russia and China – and about the ability of Western states to defend their primacy through neo-colonial wars of aggression around the globe.

    The implication is Russia masterminded a double subversion in 2016: on one side of the Atlantic, Trump was elected US president; and, on the other, Britons were gulled into shooting themselves in the foot – and undermining Europe – by voting to leave the EU.

    Faced with the court case, Cadwalladr could not support her allegations against Banks as true. Nonetheless, the judge ruled against Banks’ libel action, on the basis that the claims had not sufficiently harmed his reputation.

    The judge also decided, perversely in a British defamation action, that Cadwalladr had “reasonable grounds” to publish claims that Banks received “sweetheart deals” from Russia, even though “she had seen no evidence he had entered into any such deals.” An investigation by the National Crime Agency ultimately found no evidence either.

    So given those circumstances, what was the basis for her accusations against Banks?

    Cadwalladr’s journalistic modus operandi, in her long-running efforts to suggest widespread Russian meddling in British politics, is highlighted in her witness statement to the court.

    In it, she refers to another of her Russiagate-style stories: one from 2017 that tried to connect the Kremlin with Nigel Farage, a former pro-Brexit politician with the UKIP Party and close associate of Banks, and WikiLeaks founder Julian Assange, who has been a political prisoner in the UK for more than a decade.

    At that time, Assange was confined to a single room in the Ecuadorian Embassy after its government offered him political asylum. He had sought sanctuary there, fearing he would be extradited to the US following publication by WikiLeaks of revelations that the US and UK had committed war crimes in Iraq and Afghanistan.

    WikiLeaks had also deeply embarrassed the CIA by following up with the publication of leaked documents, known as Vault 7, exposing the agency’s own crimes.

    Last week the UK’s Home Secretary, Priti Patel, approved the very extradition to the US that Assange feared and that drove him into the Ecuadorian embassy. Once in the US, he faces up to 175 years in complete isolation in a supermax jail.

    Assassination plot

    We now know, courtesy of a Yahoo News investigation, that through 2017 the CIA hatched various schemes either to assassinate Assange or to kidnap him in one of its illegal “extraordinary rendition” operations, so he could be permanently locked up in the US, out of public view.

    We can surmise that the CIA also believed it needed to prepare the ground for such a rogue operation by bringing the public on board. According to Yahoo’s investigation, the CIA believed Assange’s seizure might require a gun battle on the streets of London.

    It was at this point, it seems, that Cadwalladr and the Guardian were encouraged to add their own weight to the cause of further turning public opinion against Assange.

    According to her witness statement, “a confidential source in [the] US” suggested – at the very time the CIA was mulling over these various plots – that she write about a supposed visit by Farage to Assange in the embassy. The story ran in the Guardian under the headline “When Nigel Farage met Julian Assange.”

    In the article, Cadwalladr offers a strong hint as to who had been treating her as a confidant: the one source mentioned in the piece is “a highly placed contact with links to US intelligence”. In other words, the CIA almost certainly fed her the agency’s angle on the story.

    In the piece, Cadwalladr threads together her and the CIA’s claims of “a political alignment between WikiLeaks’ ideology, UKIP’s ideology and Trump’s ideology”. Behind the scenes, she suggests, was the hidden hand of the Kremlin, guiding them all in a malign plot to fatally undermine British democracy.

    She quotes her “highly placed contact” claiming that Farage and Assange’s alleged face-to-face meeting was necessary to pass information of their nefarious plot “in ways and places that cannot be monitored”.

    Except of course, as her “highly placed contact” knew – and as we now know, thanks to exposes by the Grayzone website – that was a lie. In tandem with its plot to kill or kidnap Assange, the CIA illegally installed cameras inside, as well as outside, the embassy. His every move in the embassy was monitored – even in the toilet block.

    The reality was that the CIA was bugging and videoing Assange’s every conversation in the embassy, even the face-to-face ones. If the CIA actually had a recording of Assange and Farage meeting and discussing a Kremlin-inspired plot, it would have found a way to make it public by now.

    Far more plausible is what Farage and WikiLeaks say: that such a meeting never happened. Farage visited the embassy to try to interview Assange for his LBC radio show but was denied access. That can be easily confirmed because by then the Ecuadorian embassy was allying with the US and refusing Assange any contact with visitors apart from his lawyers.

    Nonetheless, Cadwalladr concludes:In the perfect storm of fake news, disinformation and social media in which we now live, WikiLeaks is, in many ways, the swirling vortex at the centre of everything.”

    ‘Swirling vortex’

    The Farage-Assange meeting story shows how the CIA and Cadwalladr’s agendas perfectly coincided in their very own “swirling vortex” of fake news and disinformation.

    She wanted to tie the Brexit campaign to Russia and suggest that anyone who wished to challenge the liberal pieties that provide cover for the crimes committed by Western states must necessarily belong to a network of conspirators, on the left and the right, masterminded from Moscow.

    The CIA and other Western intelligence agencies, meanwhile, wanted to deepen the public’s impression that Assange was a Kremlin agent – and that WikiLeaks’ exposure of the crimes committed by those same agencies was not in the public interest but actually an assault on Western democracy.

    Assange’s character assassination had already been largely achieved with the American public in the Russiagate campaign in the US. The intelligence services, along with the Democratic Party leadership, had crafted a narrative designed to obscure WikiLeaks’ revelations of election-fixing by Hillary Clinton’s camp in 2016 to prevent Bernie Sanders from winning the party’s presidential nomination. Instead they refocused the public’s attention on evidence-free claims that Russia had “hacked” the emails.

    For Cadwalladr and the CIA, the fake-news story of Farage meeting Assange could be spun as further proof that both the “far left” and “far right” were colluding with Russia. Their message was clear: only centrists – and the national security state – could be trusted to defend democracy.

    Fabricated story

    Cadwalladr’s smearing of Assange is entirely of a piece with the vilification campaign of WikiLeaks led by liberal media outlets to which she belongs. Her paper, the Guardian, has had Assange in its sights since its falling out with him over their joint publication of the Iraq and Afghanistan war logs in 2010.

    A year after Cadwalladr’s smear piece, the Guardian would continue its cooperation with the intelligence services’ demonization of Assange by running an equally fabricated story – this time about a senior aide of Trump’s, Paul Manafort, and various unidentified “Russians” secretly meeting Assange in the embassy.

    The story was so improbable it was ridiculed even at the time of publication. Again, the CIA’s illegal spying operation inside and outside the embassy meant there was no way Manafort or any “Russians” could have secretly visited Assange without those meetings being recorded. Nonetheless, the Guardian has never retracted the smear.

    One of the authors of the article, Luke Harding, has been at the forefront of both the Guardian’s Russiagate claims and its efforts to defame Assange. In doing so, he appears to have relied heavily on Western intelligence services for his stories and has proven incapable of defending them when challenged.

    Harding, like the Guardian, has an added investment in discrediting Assange. He and a Guardian colleague, David Leigh, published a Guardian-imprint book that included a secret password to a WikiLeaks’ cache of leaked documents, thereby providing security services around the world with access to the material.

    The CIA’s claim that the release of those documents endangered its informants – a claim that even US officials have been forced to concede is not true – has been laid at Assange’s door to vilify him and justify his imprisonment. But if anyone is to blame, it is not Assange but Harding, Leigh and the Guardian.

    Effort to deplatform

    The case of Paul Mason, who worked for many years as a senior BBC journalist, is even more revealing. Emails passed to the Grayzone website show the veteran, self-described “left-wing” journalist secretly conspiring with figures aligned with British intelligence services to build a network of journalists and academics to smear and censor independent media outlets that challenge the narratives of the Western intelligence agencies.

    Mason’s concerns about left-wing influence on public opinion have intensified the more he has faced criticism from the left over his demands for fervent, uncritical support of NATO and as he has lobbied for greater Western interference in Ukraine. Both are aims he shares with Western intelligence services.

    Along with the establishment media, Mason has called for sending advanced weaponry to Kyiv, likely to raise the death toll on both sides of the war and risk a nuclear confrontation between the West and Russia.

    In the published emails, Mason suggests the harming and “relentless deplatforming” of independent investigative media sites – such as the Grayzone, Consortium News and Mint Press – that host non-establishment journalists. He and his correspondents also debate whether to include Declassified UK and OpenDemocracy. One of his co-conspirators suggests a “full nuclear legal to squeeze them financially.”

    Mason himself proposes starving these websites of income by secretly pressuring Paypal to stop readers from being able to make donations to support their work.

    It should be noted that, in the wake of Mason’s correspondence,  PayPal did indeed launch just such a crackdown, including against Consortium News and MintPress, after earlier targeting WikiLeaks.

    Mason’s email correspondents include two figures intimately tied to British intelligence: Amil Khan is described by the Grayzone as “a shadowy intelligence contractor” with ties to the UK’s National Security Council. He founded Valent Projects, establishing his credentials in a dirty propaganda war in support of head-chopping jihadist groups trying to bring down the Russian-supported Syrian government.

    Clandestine ‘clusters’

    The other intelligence operative is someone Mason refers to as a “friend”: Andy Pryce, the head of the Foreign Office’s shadowy Counter Disinformation and Media Development (CDMD) unit, founded in 2016 to “counter-strike against Russian propaganda”. Mason and Pryce spend much of their correspondence discussing when to meet up in London pubs for a drink, according to the Grayzone.

    The Foreign Office managed to keep the CDMD unit’s existence secret for two years. The UK government has refused to disclose basic information about the CDMD on grounds of national security, although it is now known that it is overseen by the National Security Council.

    The CDMD’s existence came to light because of leaks about another covert information warfare operation, the Integrity Initiative.

    Notably, the Integrity Initiative was run on the basis of clandestine “clusters,” in North America and Europe, of journalists, academics, politicians and security officials advancing narratives shared with Western intelligence agencies to discredit Russia, China, Julian Assange, and Jeremy Corbyn, the former, left-wing leader of the Labor Party.

    Cadwalladr was named in the British cluster, along with other prominent journalists: David Aaronovitch and Dominic Kennedy of the Times; the Guardian’s Natalie Nougayrede and Paul Canning; Jonathan Marcus of the BBC; the Financial Times’ Neil Buckley; the Economist’s Edward Lucas; and Sky News’ Deborah Haynes.

    In his emails, Mason appears to want to renew this type of work but to direct its energies more specifically at damaging independent, dissident media – with his number one target the Grayzone, which played a critical role in exposing the Integrity Initiative.

    Mason’s “friend” – the CDMD’s head, Andy Pryce – “featured prominently” in documents relating to the Integrity Initiative, the Grayzone observes.

    This background is not lost on Mason. He notes in his correspondence the danger that his plot to “deplatform” independent media could “end up with the same problem as Statecraft” – a reference to the Institute of Statecraft, the Integrity Initiative’s parent charity, which the Grayzone and others exposed. He cautions: “The opposition are not stupid, they can spot an info op – so the more this is designed to be organic the better.”

    Pryce and Mason discuss creating an astroturf civil-society organization that would lead their “information war” as part of an operation they brand the “International Information Brigade”.

    Mason suggests the suspension of the libel laws for what he calls “foreign agents” – presumably meaning that the Information Brigade would be able to defame independent journalists as Russian agents, echoing the establishment media’s treatment of Assange, without fear of legal action that would show these were evidence-free smears.

    ‘Putin infosphere’

    Another correspondent, Emma Briant, an academic who claims to specialize in Russian disinformation, offers an insight into how she defines the presumed enemy within: those “close to WikiLeaks,” anyone “trolling Carole [Cadwalladr],” and outlets “discouraging people from reading the Guardian.”

    Mason himself produces an eye-popping, self-drawn, spider’s web chart of the supposedly “pro-Putin infosphere” in the UK, embracing much of the left, including Corbyn, the Stop the War movement, as well as the Black and Muslim communities. Several media sites are mentioned, including Mint Press and Novara Media, an independent British website sympathetic to Corbyn.

    Khan and Mason consider how they can help trigger a British government investigation of independent outlets so that they can be labeled as “Russian-state affiliated media” to further remove them from visibility on social media.

    Mason states that the goal is to prevent the emergence of a “left anti-imperialist identity,” which, he fears, “will be attractive because liberalism doesn’t know how to counter it” – a telling admission that he believes genuine left-wing critiques of Western foreign policy cannot be dealt with through public refutation but only through secret disinformation campaigns.

    He urges efforts to crack down not only on independent media and “rogue” academics but on left-wing political activism. He identifies as a particular threat Corbyn, who was earlier harmed through a series of disinformation campaigns, including entirely evidence-free claims that the Labour Party during his tenure became a hotbed of antisemitism.

    Mason fears Corbyn might set up a new, independent left-wing party. It is important, Mason notes, to “quarantine” and “stigmatize” any such ideology.

    In short, rather than use journalism to win the argument and the battle for public opinion, Mason wishes to use the dark arts of the security state to damage independent media, as well as dissident academics and left-wing political activism. He wants no influences on the public that are not tightly aligned with the core foreign policy goals of the national security state.

    Mason’s correspondence hints at the reality behind Cadwalladr’s claim that Assange was the “swirling vortex at the centre of everything.”

    Assange symbolizes that “swirling vortex” to intelligence-aligned establishment journalists only because WikiLeaks has published plenty of insider information that exposes Western claims to global moral leadership as a complete charade – and the journalists who amplify those claims as utter charlatans.

    In part two, we will examine why journalists like Mason and Cadwalladr prosper in the establishment media; the long history of collusion between Western intelligence agencies and the establishment media; and how that mutually beneficial collusion is becoming ever more important to each of them.

    First published in Mint Press

    The post British “watchdog” journalists unmasked as lap dogs for the security state first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • Ever since U.K. Home Secretary Priti Patel formally ordered the extradition of WikiLeaks founder Julian Assange to the U.S. last week, press freedom advocates around the world have been mobilizing.

    Assange Defense, on whose advisory board I serve, is organizing a national and international campaign to pressure U.S. Attorney General Merrick Garland and President Joe Biden to drop the extradition request and dismiss the charges against Assange. The stakes could not be higher.

    The charges against Assange, including 17 under the infamous Espionage Act, could result in 175 years in prison for the journalist who exposed U.S. war crimes.

    Last week, Assange’s brother, filmmaker Gabriel Shipton, wrote in an email to Truthout, “UK Home Secretary has decided today that any publisher who exposes national security information of an allied country may face extradition to two lifetimes in prison. Julian will appeal this decision and this once in a lifetime fight for freedom of the press continues.”

    Assange’s indictment is based on WikiLeaks’ 2010-2011 disclosures of U.S. war crimes in Iraq, Afghanistan and the military prison at Guantánamo. Those revelations included 400,000 field reports about the Iraq War; 15,000 unreported deaths of Iraqi civilians; and systematic rape, torture, and murder committed by Iraqi forces after the U.S. military “handed over detainees to a notorious Iraqi torture squad.” WikiLeaks also disclosed the Afghan War Logs, which are 90,000 reports of more civilian casualties by coalition forces than the U.S. military had admitted to. And its revelations additionally included the Guantánamo Files, 779 secret reports showing that 150 innocent people had been held there for years and documenting the torture and abuse of 800 men and boys in violation of the Geneva Conventions and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

    WikiLeaks also published the notorious “Collateral Murder” video, which documented how in 2007, a U.S. Army Apache helicopter gunship targeted and fired on unarmed civilians in Baghdad. At least 18 civilians were killed. They included two Reuters reporters and a man who came to rescue the wounded. Two children were injured. Then, a U.S. Army tank drove over one of the bodies, severing it in half. That video contains evidence of three separate war crimes that are prohibited by the Geneva Conventions and the U.S. Army Field Manual.

    As several civil liberties and human rights organizations declared in October 2021, when they asked Garland to dismiss the case against Assange, his prosecution poses a significant threat to First Amendment freedom of the press.

    The UK’s decision to extradite Julian Assange to the nation that plotted to assassinate him – the nation that wants to imprison him for 175 years for publishing truthful information in the public interest – is an abomination,” wrote Noam Chomsky, Daniel Ellsberg and Alice Walker – co-chairs of Assange Defense – in reaction to Patel’s extradition order. “The U.S. government argues that its venerated Constitution does not protect journalism the government dislikes, and that publishing truthful information in the public interest is a subversive, criminal act. This argument is a threat not only to journalism, but to democracy itself.”

    Trevor Timm, Executive Director of Freedom of the Press Foundation, warned that if Assange is extradited to the United States and convicted of the charges against him, it “would potentially make receiving classified information, asking for sources for more information, and publishing certain types of classified information a crime.” Timm noted, “Journalists, of course, engage in all these activities regularly.”

    Moreover, Assange has suffered psychological torture while confined in the U.K. for more than a decade, according to Nils Melzer, United Nations Special Rapporteur on Torture. In December 2021, Melzer tweeted that the “U.K. is literally torturing him to death.”

    On June 10, more than 300 doctors, psychiatrists and psychologists calling themselves “Doctors for Assange” wrote to Patel that Assange’s “deteriorating health” made it “medically and ethically unacceptable” to extradite him.

    “Julian’s 13-year persecution culminates in a decision of ostentatious callous indifference,” John Shipton, Julian’s father, told Truthout. “Who amongst us would not burn with indignation and loathing?”

    Stella Assange, who recently married Julian in prison, called Patel’s decision “a dark day for press freedom and for British democracy.” She told the Associated Press, “Julian did nothing wrong. He has committed no crime and is not a criminal. He is a journalist and a publisher, and he is being punished for doing his job.”

    Yet U.K. officials disregarded Assange’s health and the injustice of his prosecution, insisting that the U.S. would treat him “appropriately.” In its June 17 statement ordering Assange’s extradition, the UK Home Office wrote :

    In this case, the UK courts have not found that it would be oppressive, unjust or an abuse of process to extradite Mr Assange. Nor have they found that extradition would be incompatible with his human rights, including his right to a fair trial and to freedom of expression, and that whilst in the US he will be treated appropriately, including in relation to his health.

    But after a three-week evidentiary hearing, U.K. District Judge Vanessa Baraitser ruled in January 2021 that if Assange were extradited to the United States, he would likely attempt suicide because of his mental state and the onerous conditions of confinement in U.S. prisons.

    The United States later came forward with qualified “assurances” that Assange wouldn’t be kept in solitary confinement and the U.K. High Court reversed Baraitser’s decision in January 2022. The U.K. Supreme Court affirmed the High Court’s dismissal of Assange’s appeal in March, paving the way for Patel’s decision ordering extradition.

    Amnesty International’s Agnes Callamard — former UN Special Rapporteur on extrajudicial, summary, or arbitrary execution — was skeptical of the so-called assurances that Assange would be treated humanely in U.S. custody. “Diplomatic assurances provided by the U.S. that Assange will not be kept in solitary confinement cannot be taken on face value given previous history,” Callamard said , referring to the U.S. reneging on past extradition assurances.

    Assange now has until July 1 to appeal Patel’s decision and apply to the High Court to reverse Baraitser’s rulings on other issues Assange raised at the extradition hearing. They include:

    • The U.S.-U.K. extradition treaty prohibits extradition for a political offense and “espionage” is a political offense;
    • Extradition is forbidden as the U.S. request is based on Assange’s political opinions;
    • The request for extradition is an abuse of process as it was made for a political motive and not in good faith;
    • Extradition would be oppressive or unjust because so much time has passed;
    • The charges against Assange do not comply with the “dual criminality test” because they encompass acts that are not criminal offenses in both the U.S. and the U.K.; and
    • Extradition would violate Assange’s rights to free expression and a fair trial, in addition to the prohibition against inhuman and degrading treatment in the European Convention on Human Rights.

    Assange will also raise on appeal the CIA’s plot to kidnap and assassinate him while he was in the Ecuadorian Embassy under a grant of asylum.

    If Assange loses his appeals to the U.K. High Court and Supreme Court, he could appeal to the European Court of Human Rights. The appeals could take several months or even years.

    The indictment against Assange has been assigned to U.S. District Judge Claude M. Hilton, who jailed former U.S. Army intelligence analyst Chelsea Manning in 2019 for refusing to appear before a federal grand jury investigating Assange. The indictment charges that Assange conspired with Manning to gain access to a government computer.

    This the first time the United States has prosecuted a journalist or media outlet for publishing classified information. The extradition, trial and conviction of Julian Assange would have frightening ramifications for investigative journalism. On June 17, the editorial board of The Guardian wrote, “This action potentially opens the door for journalists anywhere in the world to be extradited to the US for exposing information deemed classified by Washington.”

    This post was originally published on Latest – Truthout.

  • Julian Assange’s wife and one of his lawyers on Friday vowed to fight the decision of British Home Secretary Priti Patel to sign an extradition order earlier in the day sending imprisoned WikiLeaks publisher Julian Assange to the United States to face trial on espionage and computer intrusion charges.

    “This is the outcome that we have been concerned about for the last decade,” Assange lawyer Jennifer Robinson told a London press conference. “This decision is a grave threat to freedom of speech, not just for Julian, but for every journalist, editor and media worker.”

    She said he faced up to 175 years in a U.S. prison for publishing material for which he has won numerous press awards as well as a nomination for the Nobel Peace Prize. “This should shock everyone,” she said.

    The post Stella Assange: ‘We Are Going To Fight This’ appeared first on PopularResistance.Org.

    This post was originally published on PopularResistance.Org.

  • Pacific Media Watch newsdesk

    Following the United Kingdom’s decision to extradite Julian Assange to face trial in the United States, the International Federation of Journalists’ (IFJ) Australian affiliate, the Media, Entertainment and Arts Alliance (MEAA) has called on the Australian government to take swift steps to lobby for the dismissal of all charges against Assange.

    The IFJ stands with the MEAA in condemning the extradition order and calls for Assange to be pardoned and allowed to be with his family.

    On June 17, UK Home Secretary Priti Patel approved Assange’s extradition to the US to face charges, primarily under the nation’s Espionage Act, for releasing US government records that revealed the US military committed war crimes against civilians in Afghanistan and Iraq, including the killing of two Reuters journalists.

    Assange, a member of the MEAA since 2007, may now only have a slim chance of challenging the extradition.

    If found guilty, Assange faces up to 175 years in prison.

    The WikiLeaks founder is highly likely to be detained in the US under conditions of isolation or solitary confinement, despite the US government’s assurances, which would severely exacerbate his risk of suicide.

    WikiLeaks was awarded the Walkley Award for Most Outstanding Contribution to Journalism in 2011, an annual prize to reward excellence in Australian journalism, in recognition of the impact of WikiLeaks’ actions on public interest journalism by assisting whistleblowers to tell their stories.

    According to the MEAA, Walkley judges said WikiLeaks applied new technology to”‘penetrate the inner workings of government to reveal an avalanche of inconvenient truths in a global publishing coup”.

    Whistleblowers have since been used by other media outlets to expose global tax avoidance schemes, among other stories.

    In the case of WikiLeaks, only Julian Assange faces charges, with no other WikiLeaks media partners cited in any US government legal actions.

    In 2017, Chelsea Manning, a US Army intelligence analyst who released classified information to WikiLeaks, was pardoned by former US President Barack Obama.

    MEAA media section federal president Karen Percy said: “We urge the new Australian government to act on Julian Assange’s behalf and lobby for his release. The actions of the US are a warning sign to journalists and whistleblowers everywhere and undermine the importance of uncovering wrongdoing.

    “Our thoughts are with Julian and his family at this difficult time.”

    The IFJ said: “The United Kingdom Home Secretary’s decision to allow the extradition of Julian Assange is a significant blow to media freedom and a dire threat to journalists, whistleblowers, and media workers worldwide.

    “The IFJ urges the government of Australia to act swiftly to intervene and lobby the United States and United Kingdom governments to dismiss all charges against Assange. Journalism is not a crime.”

    This post was originally published on Asia Pacific Report.

  • ANALYSIS: By Holly Cullen, The University of Western Australia and Amy Maguire, University of Newcastle

    Last week on June 17 2022, UK Home Secretary Priti Patel issued a statement confirming she had approved the US government’s request to extradite Julian Assange.

    The Australian founder of WikiLeaks faces 18 criminal charges of computer misuse and espionage.

    This decision means Assange is one step closer to extradition, but has not yet reached the final stage in what has been a years-long process. Patel’s decision follows a March decision to deny leave to appeal by the UK Supreme Court, affirming the High Court decision that accepted assurances provided by the US government and concluded there were no remaining legal bars to Assange’s extradition.

    The High Court decision overruled an earlier decision by a District Court that extraditing Assange to the US would be “unjust and oppressive” because the prison conditions he was likely to experience would make him a high risk for suicide.

    In the High Court’s view, the American government’s assurances sufficiently reduced the risk.

    Another appeal ahead
    WikiLeaks has already announced Assange will appeal the home secretary’s decision in the UK courts. He can appeal on an issue of law or fact, but must obtain leave of the High Court to launch an appeal.

    This is a fresh legal process rather than a continuation of the judicial stage of extradition that followed his arrest in 2019.

    Assange’s brother has stated the appeal will include new information, including reports of plots to assassinate Assange.

    Several legal issues argued before the District Court in 2020 are also likely to be raised in the next appeal. In particular, the District Court decided the question of whether the charges were political offences, and therefore not extraditable crimes, could only be considered by the home secretary.

    The question of whether and how the home secretary decided on this issue could now be ripe for argument.

    Assange’s next appeal will also seek to re-litigate whether US government assurances regarding the prison conditions Assange will face are adequate or reliable. His lawyers will also again demand the UK courts consider the role of role of freedom of expression in determining whether to extradite Assange.

    Assange will remain detained in Belmarsh prison while his appeal is underway. The decision of the High Court on his appeal against the home secretary’s decision may potentially be appealed to the Supreme Court.

    If, after all legal avenues are exhausted in the UK, the order to extradite stands, Assange could take a human rights action to the European Court of Human Rights.

    However, the European Court has rarely declared extradition to be contrary to the European Convention on Human Rights, except in cases involving the death penalty or whole-life sentences.

    It has not yet considered freedom of expression in an extradition case.

    Further appeals could add years more to the saga of Assange’s detention.

    Responses from the Assange family and human rights advocates
    Assange’s wife, Stella Moris, called Patel’s decision a ‘“travesty”. His brother Gabriel Shipton called it “shameful”. They have vowed to fight his extradition through every legal means available.


    Julian Assange’s family respond to decision. Video: Reuters

    According to the secretary-general of Amnesty International Agnes Callamard:

    Assange faces a high risk of prolonged solitary confinement, which would violate the prohibition on torture or other ill treatment. Diplomatic assurances provided by the US that Assange will not be kept in solitary confinement cannot be taken on face value given previous history.

    What role for the Australian government?
    Australian Foreign Minister Penny Wong and Attorney-General Mark Dreyfus responded to the latest development last night. They confirmed Australia would continue to provide consular assistance to Assange:

    The Australian government has been clear in our view that Mr Assange’s case has dragged on for too long and that it should be brought to a close. We will continue to express this view to the governments of the United Kingdom and United States.

    However, it remains unclear exactly what form Australia’s diplomatic or political advocacy is taking.

    In December 2021, Anthony Albanese said he could not see what purpose was served by the ongoing pursuit of Assange. He is a signatory to a petition to free Assange. Since he was sworn in as prime minister, though, Albanese has resisted calls to demand publicly that the US drop its criminal charges against Assange.

    In contrast, Albanese recently made a public call for the release of Sean Turnell from prison in Myanmar.

    In a way, Patel’s decision last week closes a window for stronger advocacy between Australia and the UK. While the matter sat with the UK Home Secretary, the Australian government might have sought to intervene with it as a political issue.

    Now it seems possible Australia may revert to its long established position of non-interference in an ongoing court process.

    Some commentators argue this is insufficient and that Australia must, finally, do more for Assange. Tasmanian MP Andrew Wilkie said it was high time Australia treated this as the political matter it is, and demand from its allies in London and Washington that the matter be brought to an end.

    Barrister Greg Barns likened Assange’s situation to that of David Hicks, who was imprisoned at Guantanamo Bay:

    The Howard government at the time brought him back to Australia. This is not unprecedented. It is important that Australia is able to use the great relationship it has with Washington to ensure the safety of Australians.

    These comments suggest that Australia ought to focus any advocacy towards the US government, making a case for the criminal charges and extradition request to be abandoned.

    At this stage it is impossible to say if the Albanese government has the will to take a stronger stand on Assange’s liberty. The prime minister and foreign minister have certainly invested heavily in foreign relations in the early weeks of their government, with emphasis on the significance of the US alliance.

    Perhaps strong advocacy on Assange’s behalf at this time might be regarded as unsettling and risky. The US has had plenty of opportunity, and its own change of government, and yet it has not changed its determination to prosecute Assange.

    This is despite former President Barack Obama’s decision to commute the sentence of Chelsea Manning, the whistleblower who provided classified material to Assange for publication through Wikileaks.

    Stronger Australian advocacy may well be negatively received. Assange’s supporters will continue to demand that Albanese act regardless, banking on the strength of the Australia-US alliance as capable of tolerating a point of disagreement.The Conversation

    Dr Holly Cullen is adjunct professor, The University of Western Australia and Amy Maguire, Associate Professor in Human Rights and International Law, University of Newcastle. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

    This post was originally published on Asia Pacific Report.

  • The only shock about the British Home Secretary’s decision to extradite Julian Assange to the US was that it did not come sooner, writes Binoy Kampmark.

    This post was originally published on Green Left.

  • United Kingdom Home Secretary Priti Patel approved the extradition of WikiLeaks founder Julian Assange to the United States.

    Patel’s decision to hand over a journalist to the US government for prosecution was immediately condemned by human rights and press freedom organizations. The Assange legal team planned to submit an appeal in the High Court of Justice challenging the political nature of the case and how extradition law was interpreted.

    “The decision by the secretary of state was always predictable. It is nevertheless regrettable that she elected not to engage with serious issues of substance raised by Mr. Assange,” Assange’s lawyers at Birnberg Peirce declared. “He will appeal her decision.”

    The post UK Government Approves Request To Send Assange To US For Trial appeared first on PopularResistance.Org.

    This post was originally published on PopularResistance.Org.

  • On 17 June, home secretary Priti Patel gave her approval to a court ruling to extradite WikiLeaks founder Julian Assange to the US. He will face 17 counts of violating the Espionage Act and one of conspiracy to commit computer intrusion.

    Assange’s lawyers are to appeal Patel’s approval of extradition within 14 days of her announcement, but the High Court will have to approve the appeal request. A judicial review of Patel’s decision is also possible.

    Assange’s defence team has issued a statement giving some indication of what happens next:

    The statement says that Assange will appeal Patel’s decision. And it adds that he will “file grounds for appeal not able to be proceeded with during the past one and a half years”.

    ‘New’ information brought to court

    According to Assange’s brother Gabriel Shipton, the appeal to the UK courts will be partly based on information that they couldn’t bring to the courts previously:

    It will likely be a few days before the (14-day appeal) deadline and the appeal will include new information that we weren’t able to bring before the courts previously. Information on how Julian lawyers were spied on, and how there were plots to kidnap and kill Julian from within the CIA.

    Previously, The Canary reported that Spanish legal sources were confident the extradition process could be annulled. That assessment was based on ongoing revelations during the trial in Spain of David Morales, head of the surveillance company that spied on Assange’s lawyers in the Ecuadorean Embassy in London.

    That surveillance meant client-lawyer confidentiality was breached. And the law in England on client-lawyer confidentiality is clear, as this 2018 judgement in the Court of Appeal indicates.

    The same Spanish court has summoned former US secretary of state Mike Pompeo. This is to answer questions about alleged CIA plots to spy on, kidnap, or kill Assange.

    A matter of weeks?

    Meanwhile, Assange’s defence lawyer Jennifer Robinson said Assange may also appeal, if necessary, to the European Court of Human Rights (ECHR). But that’s assuming the UK is still a member of the European Convention on Human Rights (the ‘Convention’), upon which the court is based, by the time the ECHR appeal happens.

    That may not be the case.

    In a separate but possibly linked development, the Strasbourg-based ECHR intervened and halted the flight that Patel planned to transport refugees to Rwanda. Consequently, prime minister Boris Johnson spoke of laws that would ensure such intervention can’t happen in the future. These remarks were interpreted as meaning he intends to pull the UK out of the Convention, which underpins the ECHR.

    Johnson has also made it clear that in the coming weeks he intends to introduce a British bill of Rights. This would affirm “parliamentary sovereignty in the exercise of the legislative function, in the context of adverse Strasbourg rulings”. In other words, a Tory version of the Convention.

    ECHR: a UK-led body

    As The Canary already pointed out, the Council of Europe oversees the Convention. The UK joined the Council in 1949, with Winston Churchill as a prime mover:

    And Johnson’s maternal grandfather James Fawcett was actually president of the European Commission of Human Rights for more than 20 years. The Commission, which became defunct in 1998, functioned as a gateway for individual claims to the Court.

    Safeguarding role

    The ECHR was created in 1959 and has jurisdiction over 47 countries. Over the years, it’s impacted on a number of human rights issues. It has also intervened on:

    various social issues such as abortion, assisted suicide, body searches, domestic slavery, adoption by homosexuals, wearing religious symbols at school, the recognition of transsexuals, the protection of journalists’ sources and even environmental issues.

    The ECHR and the Convention act as safeguards against breaches of human rights, often committed by governments.

    A very recent and pertinent example where the ECHR intervened in the UK involved one of Assange’s lawyers, as previously reported by The Canary:

     

    Stepping in where UK law falls short

    Another example of how the ECHR changed UK law for the better was the McLibel case, the longest trial in English legal history.

    Helen Steel and David Morris, two environmental activists, handed out leaflets accusing McDonald’s of environmental destruction. McDonald’s sued for libel. Steel and Morris denied publishing the leaflets. The case was taken to the ECHR and the court ruled that a number of the Convention’s articles had been violated, including:

    Applicants’ right to a fair trial was violated under Article 6 of the European Convention of Human Rights and that their leaflets were protected under Article 10’s freedom of expression.

    It also found that denial of legal aid to the defendants was unfair, setting a new benchmark for future similar cases.

    The importance of the ECHR and the UK’s membership of the Convention cannot be overemphasised. Particularly when the UK has a government that intends to criminalise the Fourth Estate – i.e. journalists.

    Retaining power

    As for Johnson’s recent pronouncements on the ECHR, they’re more about pandering to a xenophobic constituency to help him retain power. This comes at a time when the popularity of Johnson and his government has plummeted in the wake of numerous scandals. Partygate and the story of Rishi Sunak wasting £11bn are the most prominent in a long list. Patel’s National Security bill, which seeks to jail journalists for life, is also extremely concerning, if not contentious.

    Should the Johnson government go ahead and pull out of the Convention and replace it with a Tory bill of rights, it will be a disaster for everyone in the UK. Such a move would be regressive and will present yet another threat to our ever-decreasing liberties. Moreover, if that move is expedited, Assange may lose out on an appeal to the ECHR.

    Featured image via YouTube

    By Tom Coburg

    This post was originally published on The Canary.

  • As supporters of Julian Assange held a news conference Friday at the United Kingdom’s consulate in New York to demand freedom for the jailed WikiLeaks founder, a trio of leading leftist figures decried the British government’s approval of the ailing Australian’s extradition to the United States.

    In a statement published ahead of Friday’s press conference, the three chairs of the Assange Defense Committee — linguist and political dissident Noam Chomsky, Pentagon Papers whistleblower Daniel Ellsberg, and Pulitzer Prize-winning author Alice Walker — blasted U.K. Home Secretary Priti Patel’s greenlighting of Assange’s transfer to the U.S. earlier in the day. Assange plans to appeal the decision.

    “It’s a sad day for Western democracy. The U.K.’s decision to extradite Julian Assange to the nation that plotted to assassinate him — the nation that wants to imprison him for 175 years for publishing truthful information in the public interest — is an abomination,” the trio said, referring to an alleged 2017 CIA scheme to kidnap or kill the WikiLeaks founder.

    “We expect the world’s most despised autocrats to persecute journalists, publishers, and whistleblowers. We expect totalitarian regimes to gaslight their people and crack down on those who challenge the government,” they continued. “Shouldn’t we expect Western democracies to behave better?”

    The statement continued:

    The U.S. government argues that its venerated Constitution does not protect journalism the government dislikes, and that publishing truthful information in the public interest is a subversive, criminal act.

    This argument is a threat not only to journalism, but to democracy itself. The U.K. has shown its complicity in this farce, by agreeing to extradite a foreigner based on politically motivated charges that collapse under the slightest scrutiny.

    Speakers at Friday’s event in New York included Assange’s father and progressive German parliamentarian Sevim Dağdelen, who said that “today is a dark day for press freedom, a dark day for human rights.”

    “Julian Assange is a hero,” she added. “Every decent citizen and journalist is called to stand up.”

    This post was originally published on Latest – Truthout.

  • The only shock about the UK Home Secretary’s decision regarding Julian Assange was that it did not come sooner.  In April, Chief Magistrate Senior District Judge Paul Goldspring expressed the view that he was “duty-bound” to send the case to Priti Patel to decide on whether to extradite the WikiLeaks founder to the United States to face 18 charges, 17 grafted from the US Espionage Act of 1917.

    Patel, for her part, was never exercised by the more sordid details of the case.  Her approach to matters of justice is one of premature adjudication: the guilty are everywhere, and only multiply.  When it came to WikiLeaks, such fine points of law and fact as a shaky indictment based on fabricated evidence, meditations on assassination, and a genuine, diagnosed risk of self-harm, were piffling distractions.  The US Department of Justice would not be denied.

    “Under the Extradition Act 2003,” a nameless spokesman for the Home Office stated, “the Secretary of State must sign an extradition order if there are no grounds to prohibit the order being made.  Extradition requests are only sent to the Home Secretary once a judge decides it can proceed after considering various aspects of the case.”

    Evidently, overt politicisation, bad faith, and flimsy reassurances from the US Department of Justice on how Assange will be detained, do not constitute sufficient grounds.  But the cue came from the courts themselves, which have done a fabulous job of covering the US justice system with tinsel in actually believing assurances that Assange would not be facing special administrative detention measures (SAMs) or permanent captivity in the ADX Florence supermax in Colorado.  “In this case, the UK courts have not found that it would be oppressive, unjust or an abuse of process to extradite Mr Assange.”

    In such a scatterbrained, and amoral cosmos that marks decision making in the Home Office, no mention has been made of the surveillance operation against the publisher in the Ecuadorian embassy, orchestrated at the behest of the Central Intelligence Agency.  None, either, of contemplated abduction or assassination, or the frail mental health Assange finds himself.

    As late as June 10, a letter from the group Doctors for Assange, comprising 300 doctors, psychiatrists and psychologists, noted that the Home Secretary’s “denial of the cruel, inhuman treatment inflicted by upon Assange was then, and is even more so now, irreconcilable with the reality of the situation”.

    In April, an umbrella grouping of nineteen organisations dedicated to press freedom and free speech urged Patel, in reviewing the case, to appreciate that Assange would “highly likely” face isolation or solitary confinement US conditions “despite the US government’s assurances, which would severely exacerbate the risk of suicide”.

    The co-chairs of the Courage Foundation’s Assange Defense Committee, Noam Chomsky, Daniel Ellsberg and Alice Walker, reflected on the depravity of the order in a statement.  “It is a sad day for western democracy.  The UK’s decision to extradite Julian Assange to the nation that plotted to assassinate him – the nation that wants to imprison him for 175 years for publishing truthful information in the public interest – is an abomination.”  As for the UK, it had “shown its complicity in this farce, by agreeing to extradite a foreigner based on politically motivated charges that collapse under the slightest scrutiny.”

    Similar views were expressed by Amnesty International (“a chilling message to journalists the world over”) and Reporters Without Borders (“another failure by the UK to protect journalism and press freedom”).  There was even concern from Conservative MP David Davis, who expressed his belief that Assange would not “get a fair trial.”  The extradition law was, as matters stood, lopsided in favour of US citizens.

    All this is consistent with Patel, who seems to relish the prospect of sending individuals to a place where human rights are marginal jottings on a policy paper.  The UK-Rwanda Migration and Economic Partnership, as it is euphemistically termed, is her pride and joy, albeit one currently facing strenuous legal opposition.

    Under the arrangement, individuals crossing the channel will receive one-way tickets to Rwanda to have their claims processed without a prospect of settling in the UK.  The Rwandan government, hostile to contrarians, the rule of law and refugees, will be subsidised for their pain and labours.

    To this sadistic streak can be added her admiration for the Espionage Act being used to prosecute Assange.  This fact should have disqualified her in any country operating under the rule of law.  Even as Prime Minister Boris Johnson faced a Conservative no-confidence vote this month, Patel’s National Security Bill passed its second reading in Parliament.  The bill articulates an offence of “obtaining or disclosing protected information” that includes “any information… which either is, or could reasonably be expected to be, subject to any type of restrictions of access for protecting the safety and interests of the UK.”

    In a polite nod of deference to US law, the proposed law states that an offence is committed when a person “obtains, copies, records or retains protected information, or discloses or provides access to protected information” for a purpose “that they know, or ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom” and if “the foreign power condition is met”.  The requirement there is that the act is “carried out for or on behalf of a foreign power”, including instances where “an indirect relationship” exists.

    Assange has 14 days to appeal this insidious rubber stamping of judicially sanctioned brutality.  His legal team are hoping to use the High Court as the route to highlight the political dimension of the case and draw attention back to the way the extradition law was read.

    If the defence fail, Assange will be sent across the Atlantic, entrusted to officials, some of whom considered murdering him, to be made an example of.  It will be the clarion call to regimes across the world that punishing a publisher is something supposed liberal democracies can do as well, and as deviously, as anybody else.

    The post Predictable Monstrosities: Priti Patel Approves Assange’s Extradition first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • British Home Secretary Priti Patel on Friday signed an extradition order to send Julian Assange to stand trial in America.

    WikiLeaks called it a “dark day for press freedom” and said “the decision will be appealed.” The extradition order landed on Patel’s desk after the U.K. Supreme Court refused to hear Assange’s appeal against a High Court victory for the United States.

    The U.S. had appealed a magistrate court’s decision in January last year not to extradite Assange because it would be oppressive to do so based on Assange’s health and the dire conditions of U.S. solitary confinement. The High Court decided in favor of the U.S. based solely on Washington’s conditional diplomatic “assurances” that it would treat Assange humanely.

    Assange still has legal options left.

    The post Home Secretary Signs Assange Extradition Order appeared first on PopularResistance.Org.

    This post was originally published on PopularResistance.Org.

  • Home secretary Priti Patel has approved the US extradition request for journalist and Wikileaks editor Julian Assange. The Australian national, whose work on massive Iraq and Afghanistan war leaks earned him the ire of Western leaders, has been held in Belmarsh prison since 2019. Before that, he had been living in the the Ecuadorian Embassy in London since 2012.

    Press organisations and allies of Assange called the decision a dark day for press freedom around the world.

    His own organisation, Wikileaks, condemned the decision immediately:

     

    And UK investigative outfit Declassified UK re-shared their graph on the connections between what they consider anti-Assange figures involved in his years-long extradition process:

    In a statement, the US media freedom organisation Freedom of the Press said:

    By continuing to extradite Assange, the Biden DOJ is ignoring the dire warnings of virtually every major civil liberties and human rights organization in the country that the case will do irreparable damage to basic press freedom rights of U.S. reporters.

    Hellhole

    Legendary reporter John Pilger, a stalwart ally of Assange, said Patel had condemned the Wikileaks founder to “an American hellhole”:

    Some MPs voiced their opposition to the decision, pointing out that Assange had exposed western crimes carried out during wars in the Middle East:

    Meanwhile US journalist Kevin Gozstola, who closely covered the Assange extradition proceedings, warned that press freedom was diminishing all over the world with the decision:

    Mainstream concerns

    And even mainstream journalists like John Simpson added their voices, warning that the implications of the decision would have far-reaching consequences for journalists everywhere:

    A former UN expert on global democracy and equity said the extradition evidenced “the breakdown of the rule of law in the UK”:

    Moreover, journalist Matt Kennard tweeted a screenshot of the famous Collateral Murder video. The leaked film showing a US helicopter murdering civilians, including civilians in Iraq, was one of Wikileaks’s most powerful exposes:

    Assange’s wife Stella Morris said:

    He is a journalist and a publisher, and he is being punished for doing his job

    Wikileaks confirmed they would appeal against the extradition. Powerful forces are aligned against Assange, and many journalists must worry for their own safety. Especially when they see other reporters treated in this way by two ostensibly democratic states like the UK and US.

    Featured image via Wikimedia Commons/Snapperjack, cropped to 770 x 403, licenced under CC BY-SA 2.0.

    By Joe Glenton

    This post was originally published on The Canary.

  • The U.K. government on Friday formally approved the extradition of WikiLeaks founder Julian Assange to the United States to face espionage charges, a decision that human rights groups condemned as a dire threat to journalism worldwide.

    Assange, who has been detained in a high-security London prison since 2019, is expected to appeal the move by U.K. Home Secretary Priti Patel, whose office insisted that the publisher’s extradition to the U.S. would not be “incompatible with his human rights, including his right to a fair trial and to freedom of expression.”

    But Amnesty International’s Agnes Callamard, who previously worked as a United Nations human rights expert, disagreed with Patel’s assessment, warning that “allowing Julian Assange to be extradited to the U.S. would put him at great risk and sends a chilling message to journalists the world over.”

    “If the extradition proceeds, Amnesty International is extremely concerned that Assange faces a high risk of prolonged solitary confinement, which would violate the prohibition on torture or other ill treatment,” Callamard said in a statement. “Diplomatic assurances provided by the U.S. that Assange will not be kept in solitary confinement cannot be taken on face value given previous history.”

    “We call on the U.K. to refrain from extraditing Julian Assange, for the U.S. to drop the charges, and for Assange to be freed,” Callamard added.

    If found guilty of all 17 Espionage Act charges — which were originally brought by the Trump administration — Assange could face a 175-year prison sentence, which the U.S. has said he could serve in his native Australia. A British judge had previously rejected U.S. attempts to secure Assange’s extradition on the grounds that the country’s prison system is so brutal that it would endanger the journalist’s life.

    The Biden administration has continued pursuing the charges against Assange despite vocal warnings and pushback from human rights and press freedom groups.

    Stella Assange, the WikiLeaks founder’s wife, warned Friday that the U.K. government has “approved sending Julian Assange to the country that plotted his assassination,” referring to reports that the CIA — then under the leadership of Mike Pompeo — considered kidnapping or killing the journalist, who published classified information that exposed U.S. war crimes.

    In a statement responding to Patel’s decision, WikiLeaks said that “this is a dark day for press freedom and for British democracy.”

    “Anyone in this country who cares about freedom of expression should be deeply ashamed,” the organization continued. “Julian did nothing wrong. He has committed no crime and is not a criminal. He is a journalist and a publisher, and he is being punished for doing his job.”

    “Today is not the end of the fight,” WikiLeaks added. “It is only the beginning of a new legal battle. We will appeal through the legal system, the next appeal will be before the High Court. We will fight louder and harder on the streets, we will organize, and we will make Julian’s story be known to all.”

    This post was originally published on Latest – Truthout.

  • Pacific Media Watch newsdesk

    The UK government’s decision to uphold the application by the US Department of Justice to extradite Australian publisher Julian Assange imperils journalists everywhere, says the union for Australia’s journalists.

    The Media, Entertainment and Arts Alliance calls on the Australian government to take urgent steps to lobby the US and UK governments to drop all charges against Assange and to allow him to be with his wife and children.

    Assange, a MEAA member since 2007, may only have a slim chance of challenging extradition to face espionage charges for releasing US government records that revealed the US military committed war crimes against civilians in Afghanistan and Iraq, including the killing of two Reuters journalists.

    If found guilty, Assange faces a jail term of up to 175 years.

    MEAA media section federal president Karen Percy said it was a dangerous assault on international journalism.

    “We urge the new Australian government to act on Julian Assange’s behalf and lobby for his release,” she said.

    “The actions of the US are a warning sign to journalists and whistleblowers everywhere and undermine the importance of uncovering wrongdoing.

    “Our thoughts are with Julian and his family at this difficult time.”

    In 2011, WikiLeaks was awarded the Walkley Award for Most Outstanding Contribution to Journalism in recognition of the impact WikiLeaks’ actions had on public interest journalism by assisting whistleblowers to tell their stories.

    At the time the Walkley judges said WikiLeaks applied new technology to “penetrate the inner workings of government to reveal an avalanche of inconvenient truths in a global publishing coup”.

    This type of publishing partnership has been repeated by other media outlets since, using whistleblowers’ leaks to expose global tax avoidance schemes, among other stories.

    In the WikiLeaks example, only Assange has been charged.

    None of WikiLeaks media partners have been cited in any US government legal actions because of their collaboration with Assange.

    #FreeJulianAssange


    Background on the Julian Assange case. Video: Al Jazeera

    This post was originally published on Asia Pacific Report.

  • This article was funded by paid subscribers of The Dissenter Newsletter. Become a monthly subscriber to help us continue our independent journalism.

    United Kingdom Home Secretary Priti Patel approved the extradition of WikiLeaks founder Julian Assange to the United States.

    Patel’s decision to hand over a journalist to the US government for prosecution was immediately condemned by human rights and press freedom organizations. The Assange legal team planned to submit an appeal in the High Court of Justice challenging the political nature of the case and how extradition law was interpreted.

    Describing it as “shameful,” Reporters Without Borders international campaigns director Rebecca Vincent said the decision represented “another failure by the UK to protect journalism and press freedom, bringing Julian Assange a step closure to extradition.”

    The global human rights organization Amnesty International renewed their opposition. “Allowing Julian Assange to be extradited to the US would put him at great risk and sends a chilling message to journalists the world over.”

    Don’t Extradite Assange, a campaign which mobilized opposition to the case in the UK, stated, “This is a dark day for press freedom and for British democracy. Anyone in this country who cares about freedom of expression should be deeply ashamed that the Home Secretary has approved the extradition of Julian Assange to the United States, the country that plotted his assassination.”

    Assange faces 18 charges brought against him by the US Justice Department, 17 of which fall under the Espionage Act. All the charges relate to documents WikiLeaks released in 2010 and 2011, which were provided by US Army whistleblower Chelsea Manning.

    Over 300 doctors, psychiatrists, and psychologists organized under the banner of “Doctors for Assange” sent a letter to Patel on June 10 that reminded Patel of “serious concerns” related to the WikiLeaks founder’s “deteriorating health,” which has worsened while in UK custody.

    “Under conditions in which the UK legal system has failed to take Mr Assange’s current health status into account,” the doctors declared, “no valid decision to approve his extradition may be made by you or anyone else.”The doctors made it clear that extraditing a person with such compromised health was “medically and ethically unacceptable.”

    They added, “Should he come to harm in the US under these circumstances, it is you, Home Secretary, who will be left holding the responsibility for that negligent outcome.”Nineteen organizations committed to freedom of expression and press freedom wrote a letter to Patel on April 22, right after the district court ordered Assange’s extradition and sent it to the Home Office for review.

    “[Assange] highly likely to be detained [in the US] in conditions of isolation or solitary confinement despite the US government’s assurances, which would severely exacerbate his risk of suicide,” the organizations warned. “[He] would be unable to adequately defend himself in the US courts, as the Espionage Act lacks a public interest defense. His prosecution would set a dangerous precedent that could be applied to any media outlet that published stories based on leaked information, or indeed any journalist, publisher, or source anywhere in the world.”

    “We ask you, Home Secretary, to honor the UK government’s commitment to protecting and promoting media freedom and reject the US extradition request. We ask you to release Mr Assange from Belmarsh prison and allow him to return to his young family after many years of isolation. Finally, we ask you to publicly commit to ensuring that no publisher, journalist or source ever again faces detention in the UK for publishing information in the public interest.”

    The organizations demanded a meeting with Patel, but it does not appear a meeting was ever granted so advocates could further convey their concerns.

    On May 10, Dunja Mijatović, the commissioner for the Council of Europe appealed to Patel. “It is my view that the indictment by the United States against Mr. Assange raises important questions about the protection of those that publish classified information in the public interest, including information that exposes human rights violations.”

    “The broad and vague nature of the allegations against Mr. Assange, and of the offenses listed in the indictment, are troubling as many of them concern activities at the core of investigative journalism in Europe and beyond,” Mijatović argued.

    “Consequently, allowing Mr.Assange’s extradition on this basis would have a chilling effect on media freedom, and could ultimately hamper the press in performing its task as purveyor of information and public watchdog in democratic societies.”

    All of the above overtures to Patel were apparently brushed aside. There is no evidence that any complaints about the Assange case were ever considered by Patel.

    The news of the decision did not even come from Patel herself. An unnamed Home Office spokesperson provided remarks that were circulated by UK media.

    “Under the Extradition Act 2003, the secretary of state must sign an extradition order if there are no grounds to prohibit the order being made. Extradition requests are only sent to the home secretary once a judge decides it can proceed after considering various aspects of the case.”

    “On June 17, following consideration by both the magistrates court and high court, the extradition of Mr. Julian Assange to the US was ordered. Mr. Assange retains the normal 14-day right to appeal.”

    “In this case, the UK courts have not found that it would be oppressive, unjust, or an abuse of process to extradite Mr Assange,” the unnamed spokesperson claimed. “Nor have they found that extradition would be incompatible with his human rights, including his right to a fair trial and to freedom of expression.” They further claimed in the US his health would be treated appropriately.

    But this was not a fresh statement from a department willing to take public responsibility for approving the request. It was a kind of vulgar paraphrasing of the legal criteria used as a cover to avoid defending or justifying the Home Office’s action.

    The spokesperson faithfully parroted the “assurances” that were put forward in diplomatic notes to the UK Foreign Office by the US State Department, which intervened after the Crown Prosecution Service and the US government lost their case at the district court level on January 4, 2021.

    The US State Department’s intervention played a critical role in saving the extradition request. The High Court of Justice relied on the assurances when overturning the district court decision in December 2021.

    In the end, Patel and the UK government put the UK’s role as a client state of the US government ahead of challenging the case. This is a role the UK has performed consistently and dutifully since supporting the invasion of Iraq in 2003.

    The US and UK agreed to an alarming and unprecedented extradition request that criminalizes someone for engaging in standard newsgathering activities not only because they share the US government’s disgust for Assange but also because UK officials value the US-UK partnership more than human rights.

    Patel and the Home Office supported an expansion of the Official Secrets Laws in the UK while the US extradition request moved through the UK courts. As Mohamed Elmaazi reported for The Dissenter, the proposed expansion would make it possible for the UK government to imprison “leakers, recipients of leaks, and secondary publishers–including journalists—from the current maximum of two years to as high as 14 years in prison.”

    The Home Office contended there was no longer much of a difference between “espionage and the most serious unauthorized disclosures.” The department regarded journalism as an act capable of “far more serious damage” than traditional espionage.

    Operation Pelican, the name for the pressure campaign to force Assange out of the Ecuador embassy in London, was supported by the Home Office.Declassified UK’s chief investigator Matt Kennard reported that Patel was on the advisory council for a right-wing group linked to the CIA called the Henry Jackson Society, which has attacked Assange several times since 2010.

    Without any meaningful objections from within the UK government, if Assange is eventually put on a plane and brought to the US for trial, they, along with the US government, will bear responsibility for any tragedy that occurs while in a US jail or prison.

    The post State Of World Press Freedom Darkens As UK Government Approves Assange’s Extradition appeared first on Shadowproof.

    This post was originally published on Shadowproof.

  • Julian Assange is being held at Belmarsh, Britain’s most secure and infamous prisons, and crushed by judicial procedure. But, as Ithaka shows, in his supporters, he has some vestigial reminders of a life outside, writes Binoy Kampmark.

    This post was originally published on Green Left.

  • Keep Ithaka always in your mind.
    Arriving there is where you’re destined for.
    — C.P. Cavafy: Collected Poems (Princeton University Press, 1975), trans. Edmund Keeley

    John Shipton, despite his size, glides with insect-like grace across surfaces.  He moves with a hovering sense, a holy man with message and meaning.  As Julian Assange’s father, he has found himself a bearer of messages and meaning, attempting to convince those in power that good sense and justice should prevail over brute stupidity and callousness.  His one object: release Julian.

    At the now defunct Druids Café on Swanston Street in Melbourne, he materialised out of the shadows, seeking candidates to stump for the incipient WikiLeaks Party over a decade ago.  The intention was to run candidates in the 2013 Senate elections in Australia, providing a platform for the publisher, then confined in the less than commodious surrounds of the Ecuadorian embassy in London.  Soft, a voice of reed and bird song, Shipton urged activists and citizens to join the fray, to save his son, to battle for a cause imperishably golden and pure.  From this summit, power would be held accountable, institutions would function with sublime transparency, and citizens could be assured that their privacy would be protected.

    In the documentary Ithaka, directed by Ben Lawrence, we see Shipton, Assange’s partner, Stella, the two children, the cat, glimpses of brother Gabriel, all pointing to the common cause that rises to the summit of purpose.  The central figure, who only ever manifests in spectral form – on screen via phone or fleeting footage – is one of moral reminder, the purpose that supplies blood for all these figures.  Assange is being held at Belmarsh, Britain’s most secure and infamous of prisons, denied bail, and being crushed by judicial procedure.  But in these supporters, he has some vestigial reminders of a life outside.

    The film’s promotion site describes the subject as, “The world’s most famous political prisoner, WikiLeaks founder Julian Assange” a figure who has “become an emblem of an international arm wrestle over freedom of journalism, government corruption and unpunished war crimes.”  But it takes such a moment as Stella’s remarks in Geneva reflecting on the freshly erected statue of her husband to give a sense of breath, flesh and blood.  “I am here to remind you that Julian isn’t a name, he isn’t a symbol, he’s a man and he’s suffering.”

    And suffer he shall, if the UK Home Secretary Priti Patel decides to agree to the wishes of the US Department of Justice.  The DOJ insists that their man face 17 charges framed, disgracefully and archaically, from a US law passed during the First World War and inimical to free press protections.  (The eighteenth, predictably, deals with computer intrusion.)  The Espionage Act of 1917 has become the crutch and support for prosecutors who see, in Assange, less a journalist than an opportunistic hacker who outed informants and betrayed confidences.  Seductively, he gathered a following and persuaded many that the US imperium was not flaxen of hair and noble of heart.  Beneath the impostor lay the bodies of Collateral Murder, war crimes and torture.  The emperor not only lacked clothes but was a sanctimonious murderer to boot.

    Material for Lawrence comes readily enough, largely because of a flat he shared with Shipton during filming in England.  The notable pauses over bread and a glass of wine, pregnant with meaning, the careful digestion of questions before the snappy response, and the throwaway line of resigned wisdom, are all repeated signatures.  In the background are the crashes and waves of the US imperium, menacing comfort and ravaging peace.  All of this is a reminder that individual humanity is the best antidote to rapacious power.

    Through the film, the exhausting sense of media, that estate ever present but not always listening, comes through.  This point is significant enough; the media – at least in terms of the traditional fourth estate – put huge stock in the release of material from WikiLeaks in 2010, hailing the effort and praising the man behind it.  But relations soured, and tabloid nastiness set in.  The Left found tell-all information and tales of Hillary Clinton too much to handle while the Right, having initially revelled in the revelations of WikiLeaks in 2016, took to demonising the herald.  Perversely, in the United States, accord was reached across a good number of political denizens: Assange had to go, and to go, he had to be prosecuted in the United Kingdom and extradited to the United States.

    The documentary covers the usual highlights without overly pressing the viewer.   A decent run-up is given to the Ecuadorian stint lasting 7 years, with Assange’s bundling out, and the Old Bailey proceedings covering extradition.  But Shipton and Stella Moris are the ones who provide the balancing acts in this mission to aid the man they both love.

    Shipton, at points, seems tired and disgusted, his face abstracted in pain.  He is dedicated, because the mission of a father is to be such.  His son is in, as he puts it, “the shit”, and he is going to damn well shovel him out of it.  But there is nothing blindingly optimistic about the endeavour.

    The film has faced, as with its subject, the usual problems of distribution and discussion. When Assange is mentioned, the dull minded exit for fear of reputation, and the hysterical pronounce and pounce.  In Gabriel Shipton’s words, “All of the negative propaganda and character assassination is so pervasive that many people in the sector and the traditional distribution outlets don’t want to be seen as engaging in advocacy for Julian.”

    Where Assange goes, the power monopolies recoil.  Distribution and the review of a documentary such as Ithaka is bound to face problems in the face of such a compromised, potted media terrain.  Assange is a reminder of plague in the patient of democracy, pox on the body politic.

    Despite these efforts, Shipton and Assange’s new wife are wandering minds, filled with experiences of hurt and hope. Shipton, in particular, gives off a smell of resignation before the execution.  It’s not in the sense of Candide, where Panglossian glory occupies the mind and we accept that the lot delved out is the best possible of all possible worlds.  Shipton offers something else: things can only get worse, but he would still do it again.  As we all should, when finding our way to Ithaka.

    The post Julian Assange in Ithaka first appeared on Dissident Voice.

    This post was originally published on Dissident Voice.

  • UK home office minister Priti Patel is expected to rule any day on whether WikiLeaks founder Julian Assange should be extradited to the US to face espionage related charges. But legal sources now say that surveillance of Assange’s lawyers may see the extradition case thrown out.

    Meanwhile, the European Court of Human Rights has ruled that the UK government illegally spied on one of Assange’s lawyers.

    Extradition case in doubt

    The Canary has previously listed a number of defence concerns that could be raised in court. These include Spain-based firm UC Global’s surveillance of Assange’s lawyers in the Ecuadorian Embassy in London.

    The Canary reported that meetings between Assange and some of his lawyers – including Melinda Taylor, Jennifer Robinson, and Baltasar Garzón – were monitored. Surveillance also included the logging of visitors such as Gareth Peirce – another of Assange’s lawyers – as well as a seven-hour session between Assange and his legal team on 19 June 2016.

    This video includes examples of surveillance undertaken:

    Robinson subsequently commented that the surveillance was “a huge and a serious breach of [Assange’s] right to a defence and a serious breach of [Assange’s] fair trial rights”. Indeed, client-lawyer confidentiality remains a cornerstone of the English legal system.

    In this respect, WikiLeaks editor-in-chief Kristinn Hrafnsson commented:

    The case should be thrown out immediately. Not only is it illegal on the face of the [extradition] treaty, the U.S. has conducted illegal operations against Assange and his lawyers, which are the subject of a major investigation in Spain.

    Evidence was presented in a Spanish court at the trial of David Morales, UC Global CEO, that surveillance which UC Global gathered was allegedly provided to a contact with links to US intelligence.

    The Canary also reported that during the extradition proceedings in London, the defence referred to “Witness #2”, a whistleblower who worked for UC Global. And according to Shadowproof, Witness #2 revealed that:

    data was collected and uploaded daily to a remote server. That information was accessed by U.S. intelligence. Original recordings, including sound, were collected from several microphones every 14 days.

    The Council of Bar and Law Societies of Europe, representing over one million lawyers, has issued a letter to UK home secretary Priti Patel. The Council points out that the surveillance on Assange and his visitors equated to a serious breach of client-lawyer confidentiality, as well as other concerns:

    Indeed, the law in England on client-lawyer confidentiality is clear, as indicated by this 2018 judgement in the Court of Appeal.

    Annulment

    Now legal sources have told El Pais that the surveillance UC Global undertook may lead to the extradition against Assange being annulled. The newspaper reports that:

    Proving that US intelligence services learned about Assange’s defense strategy by spying on his lawyers could annul the extradition by questioning the illegal methods used by the US to get Assange tried there, according to legal sources.

    El Pais adds:

    It could be argued that the [extradition] process was flawed because the right of defense was violated by the country requesting the extradition.

    The Spanish judge requested in 2020 the opportunity to interview Assange via video conference, but UK authorities haven’t cooperated. Indeed, it’s claimed that those authorities have actively blocked this request.

    Meanwhile, the UK government has admitted liability for illegal surveillance conducted on Assange’s lawyer, Jennifer Robinson:

    The European Court of Human Rights’ ruling in Robinson’s case could provide further argument that the extradition case against Assange be annulled.

    Security organisation backs Assange

    On 7 June, the Organisation for Security and Co-operation in Europe (OSCE) published a press release regarding Assange. It quoted OSCE Representative on Freedom of the Media Teresa Ribeiro, saying:

    I call on the UK Home Secretary Priti Patel not to extradite Julian Assange. The public interest of several of the publications by WikiLeaks should be taken into account, as it contributed to important investigative reports and news reporting. It is essential to consider the impact on freedom of expression and media freedom if he is extradited and convicted. The fact that someone who disclosed material of public interest might face a long prison sentence could have a grave and lasting stifling impact on investigative journalism.

    The OSCE includes 57 participating states, covering North America, Europe, and Asia.

    Back in May, the Council of Europe commissioner for human rights Dunja Mijatović requested Patel not to proceed with Assange’s extradition. In a letter to Patel, Mijatović stated:

    it is my view that the indictment by the United States against Mr Assange raises important questions about the protection of those that publish classified information in the public interest, including information that exposes human rights violations.

    A bill introduced by Patel, if enacted, has the potential to criminalise the kind of activities Mijatović referred to in her letter. That bill would make it difficult, if not impossible, for a WikiLeaks type organisation to publish documents considered by UK authorities to ‘benefit’ foreign powers.

    Pressure increases in Australia

    Meanwhile in Australia, pressure is increasing on newly-elected Labor prime minister Anthony Albanese to act on earlier statements that Assange should be freed. For example, in December 2021 Albanese stated:

    I’ve said for some time that enough is enough … He has paid a big price for the publication of that information already and I do not see what purpose is served by the ongoing pursuit of Mr Assange.

    In an interview on Australia’s 60 Minutes programme, Federal independent MP Andrew Wilkie make it clear why he supports Assange:

    Wilkie commented:

    this is about an Australian journalist publicising hard evidence of US war crimes’ of the US being deeply embarrassed and wanting to get even, and the Australian government happy to go along with the ride because they believe their relationship with Washington is more important than the welfare of Australian citizens and the fundamental right of Australian citizens to justice.

    Julian Hill, an Australian Federal Labor MP, made his position clear too:

    Barrister Greg Barns SC, adviser to the Australian Assange campaign, told The Canary:

    The continued prosecution of Mr Assange is an affront to the vast majority of Australians. Australians clearly want a government that will stand up for journalistic freedom, for whistleblowers, and the human rights of all Australians such as Mr Assange.

    The former government’s claim that Australia is not a party to his extradition is no longer an acceptable excuse for inaction. We are confident that the new government understands all the concerns we are raising. Whether it be the legal precedent set by extradition, or the extreme time Julian has spent in maximum security without conviction, we are hopeful of swift action soon.

    What next?

    According to Assange Defense, Assange’s lawyers have submitted an application to:

    appeal the extradition order to the High Court again, this time on the other substantive issues from the original Magistrates’ ruling that were not discussed at the previous appeal. These issues include a politicized prosecution, the threat the charges pose to the First Amendment, and the likelihood Assange would face a fair trial in the Eastern District of Virginia.

    With interventions from Ribeiro and Mijatović, and the Council of Bar and Law Societies of Europe, the pressure on Patel to release Assange is growing. And in Australia, prime minister Albanese should now prove his integrity and add his intervention too. And if all else fails, Assange’s lawyers can always consider taking the case to the European Court of Human Rights.

    Meanwhile even if Patel recommends that extradition proceeds, rulings in the extradition case could be annulled based on the latest evidence from the Spanish courts.

    Featured image via Wikimedia Open Government Licence version 1.0 / Cancillería del Ecuador cropped 770×403 pixels

    By Tom Coburg

    This post was originally published on The Canary.

  • Asked recently how he would act on his promise to help Julian Assange, Anthony Albanese implied he was working to bring the matter to a close. Binoy Kampmark wonders if he will.

    This post was originally published on Green Left.