I'm unsure I'll be able to tune into this but will see how things go of course.
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I'm unsure I'll be able to tune into this but will see how things go of course.
RSF-Reporters Without Borders have an ongoing petition, which I've signed. The opportunity for you to do so should you wish to is available via this link:
https://rsf.org/en/free-assange
More from RSF here:
Source
With Wikileaks publisher Julian Assange’s US extradition hearing set to resume on 7 September, Reporters Without Borders (RSF) renews calls for his immediate release. RSF representatives will attempt to monitor the hearing in person, and will deliver a petition at 10 Downing Street with over 80,000 signatures calling for the UK authorities not to extradite Assange to the United States.
Wikileaks publisher Julian Assange’s US extradition hearing will resume at London’s Central Criminal Court on 7 September, when three to four weeks of evidence are expected to be heard. This follows an initial week of sittings in February at Woolwich Crown Court, when legal arguments were presented. The US government has since presented a new superseding indictment against Assange in June, followed by a new extradition request in August. Assange faces a total of 18 charges in the US, including 17 counts under the Espionage Act.
“As his extradition hearing resumes, we call yet again for Julian Assange to be immediately released, the charges against him dropped, and for him to not be extradited to the United States. We fully believe the case against him is connected to his contributions to public interest reporting, and his prosecution has extremely worrying implications for press freedom and the protection of journalistic sources internationally. The US and UK governments must drop this politically motivated case before their press freedom records are further tarnished,” said RSF’s Director of International Campaigns Rebecca Vincent.
In light of Covid-19 distancing measures, very few spaces are being made available to the media and the public in court during the September hearing, and RSF has been informed that NGO observers will not be guaranteed in-person access. RSF has experienced significant difficulty attempting to monitor previous hearings in Assange’s case, both in-person and remotely.
Ahead of the start of the hearing on 7 September, RSF representatives, along with Assange’s partner Stella Moris, will deliver a petition at 10 Downing Street with over 80,000 signatures calling for the UK authorities not to extradite Assange to the US.
The UK and the US are respectively ranked 35th and 45th out of 180 countries on RSF’s 2020 World Press Freedom Index.
Notes:
The petition will be delivered by RSF’s Director of International Campaigns Rebecca Vincent and Director of RSF Germany Christian Mihr, along with Julian Assange’s partner Stella Morris, at 10 Downing Street at 8 am on 7 September. They will be available for comments to the press.
RSF’s petition remains open for signatures. It is available in English, French, Spanish, Portuguese and Arabic here, and in German here.
Press contact: Rebecca Vincent at rvincent@rsf.org or +44 (0)7583 137751.
Book: In Defence of Julian Assange - OR Books publication
Edited by Tariq Ali and Margaret Kunstler
I've just now purchased this book ($10.00) and have placed it in the Avalon Library. It comes in at approx 450 pages and includes contributions from:
All royalties from the sales of this book will be donated to the Courage Foundation.Pamela Anderson, Julian Assange, Renata Avila, Katrin Axelsson, Franco “Bifo” Berardi, Sally Burch, Noam Chomsky, Patrick Cockburn, Naomi Colvin, The Courage Foundation, Mark Curtis, Daniel Ellsberg, Teresa Forcades i Vila, Charles Glass, Kevin Gosztola, Serge Halimi, Nozomi Hayase, Chris Hedges, Srećko Horvat, Caitlin Johnstone, Margaret Kimberley, Geoffroy de Lagasnerie, Lisa Longstaff, Alan MacLeod, Stefania Maurizi, Craig Murray, Fidel Narváez, John C. O’Day, John Pilger, Jesselyn Radack, Michael Ratner, Angela Richter, Geoffrey Robertson, Jennifer Robinson, Matt Taibbi, Natalia Viana, Ai Weiwei, Vivienne Westwood and Slavoj Žižek.
452 pages • Paperback ISBN 978-1-68219-221-4 • E-book 978-1-68219-223-8
Three file types have been provided: PDF, MOBI, and EPUB
They can all be accessed via this link here >> http://avalonlibrary.net/?dir=Julian...%28pub_2020%29
Link to the outline and extracts
Courage Foundation: livestream follow-up
As reported here on September 3rd, here's the very interesting and very intelligent discourse with Chomsky, Ellsberg and Walker. Jimmy Dore did a pretty good job as moderator here although there wasn't much to need to moderate :)
The video audio and visual sync was way out (in spite of the count in :) ) so I've created an MP3 file and put it in the library.
You can listen to it here
Your Man in the Public Gallery: the Assange Hearing Day 6 (September 7th 2020)
September 8, 2020 in Uncategorized by craig
I went to the Old Bailey today expecting to be awed by the majesty of the law, and left revolted by the sordid administration of injustice.
There is a romance which attaches to the Old Bailey. The name of course means fortified enclosure and it occupies a millennia old footprint on the edge of London’s ancient city wall. It is the site of the medieval Newgate Prison, and formal trials have taken place at the Old Bailey for at least 500 years, numbering in the hundreds of thousands. For the majority of that time, those convicted even of minor offences of theft were taken out and executed in the alleyway outside. It is believed that hundreds, perhaps thousands, lie buried under the pavements.
The hefty Gothic architecture of the current grand building dates back no further than 1905, and round the back and sides of that is wrapped some horrible cheap utility building from the 1930’s. It was through a tunnelled entrance into this portion that five of us, Julian’s nominated family and friends, made our nervous way this morning. We were shown to Court 10 up many stairs that seemed like the back entrance to a particularly unloved works canteen. Tiles were chipped, walls were filthy and flakes of paint hung down from crumbling ceilings. Only the security cameras watching us were new – so new, in fact, that little piles of plaster and brick dust lay under each.
Court 10 appeared to be a fairly bright and open modern box, with pleasant light woodwork, jammed as a mezzanine inside a great vault of the old building. A massive arch intruded incongruously into the space and was obviously damp, sheets of delaminating white paint drooping down from it like flags of forlorn surrender. The dock in which Julian would be held still had a bulletproof glass screen in front, like Belmarsh, but it was not boxed in. There was no top to the screen, no low ceiling, so sound could flow freely over and Julian seemed much more in the court. It also had many more and wider slits than the notorious Belmarsh Box, and Julian was able to communicate quite readily and freely through them with his lawyers, which this time he was not prevented from doing.
Rather to our surprise, nobody else was allowed into the public gallery of court 10 but us five. Others like John Pilger and Kristin Hrafnsson, editor in chief of Wikileaks, were shunted into the adjacent court 9 where a very small number were permitted to squint at a tiny screen, on which the sound was so inaudible John Pilger simply left. Many others who had expected to attend, such as Amnesty International and Reporters Without Borders, were simply excluded, as were MPs from the German federal parliament (both the German MPs and Reporters Without Borders at least later got access to the inadequate video following strong representations from the German Embassy).
The reason given that only five of us were allowed in the public gallery of some 40 seats was social distancing; except we were allowed to all sit together in consecutive seats in the front row. The two rows behind us remained completely empty.
To finish scene setting, Julian himself looked tidy and well groomed and dressed, and appeared to have regained a little lost weight, but with a definite unhealthy puffiness about his features. In the morning he appeared disengaged and disoriented rather as he had at Belmarsh, but in the afternoon he perked up and was very much engaged with his defence team, interacting as normally as could be expected in these circumstances.
Proceedings started with formalities related to Julian’s release on the old extradition warrant and re-arrest under the new warrant, which had taken place this morning. Defence and prosecution both agreed that the points they had already argued on the ban on extradition for political offences were not affected by the superseding indictment.
Magistrate Baraitser then made a statement about access to the court by remote hearing, by which she meant online. She stated that a number of access details had been sent out by mistake by the court without her agreement. She had therefore revoked their access permissions.
As she spoke, we in the court had no idea what had happened, but outside some consternation was underway in that the online access of Amnesty International, of Reporters without Borders, of John Pilger and of forty others had been shut down. As these people were neither permitted to attend the court nor observe online, this was causing some consternation.
Baraitser went on to say that it was important that the hearing was public, but she should only agree remote access where it was “in the interests of justice”, and having considered it she had decided it was not. She explained this by stating that the public could normally observe from within the courtroom, where she could control their behaviour. But if they had remote access, she could not control their behaviour and this was not in the “interests of justice”.
Baraitser did not expand on what uncontrolled behaviour she anticipated from those viewing via the internet. It is certainly true that an observer from Amnesty sitting at home might be in their underwear, might be humming the complete soundtrack to Mamma Mia, or might fart loudly. Precisely why this would damage “the interests of justice” we are still left to ponder, with no further help from the magistrate. But evidently the interests of justice were, in her view, best served if almost nobody could examine the “justice” too closely.
The next “housekeeping issue” to be addressed was how witnesses should be heard. The defence had called numerous witnesses, and each had lodged a written statement. The prosecution and Baraitser both suggested that, having given their evidence in writing, there was no need for defence witnesses to give that evidence orally in open court. It would be much quicker to go straight to cross-examination by the prosecution.
For the defence, Edward Fitzgerald QC countered that justice should be seen to be done by the public. The public should be able to hear the defence evidence before hearing the cross-examination. It would also enable Julian Assange to hear the evidence summarised, which was important for him to follow the case given his lack of extended access to legal papers while in Belmarsh prison.
Baraitser stated there could not be any need for evidence submitted to her in writing to be repeated orally. For the defence, Mark Summers QC was not prepared to drop it and tension notably rose in the court. Summers stated it was normal practice for there to be “an orderly and rational exposition of the evidence”. For the prosecution, James Lewis QC denied this, saying it was not normal procedure.
Baraitser stated she could not see why witnesses should be scheduled an one hour forty five minutes each, which was too long. Lewis agreed. He also added that the prosecution does not accept that the defence’s expert witnesses are expert witnesses. A Professor of journalism telling about newspaper coverage did not count. An expert witness should only be giving evidence on a technical point the court was otherwise unqualified to consider. Lewis also objected that in giving evidence orally, defence witnesses might state new facts to which the Crown had not had time to react. Baraitser noted that the written defence statements were published online, so they were available to the public.
Edward Fitzgerald QC stood up to speak again, and Baraitser addressed him in a quite extraordinary tone of contempt. What she said exactly was: “I have given you every opportunity. Is there anything else, really, that you want to say”, the word “really” being very heavily emphasised and sarcastic. Fitzgerald refused to be sat down, and he stated that the current case featured “substantial and novel issues going to fundamental questions of human rights.” It was important the evidence was given in public. It also gave the witnesses a chance to emphasise the key points of their evidence and where they placed most weight.
Baraitser called a brief recess while she considered judgement on this issue, and then returned. She found against the defence witnesses giving their evidence in open court, but accepted that each witness should be allowed up to half an hour of being led by the defence lawyers, to enable them to orient themselves and reacquaint with their evidence before cross-examination.
This half hour for each witness represented something of a compromise, in that at least the basic evidence of each defence witness would be heard by the court and the public (insofar as the public was allowed to hear anything). But the idea that a standard half hour guillotine is sensible for all witnesses, whether they are testifying to a single fact or to developments over years, is plainly absurd. What came over most strongly from this question was the desire of both judge and prosecution to railroad through the extradition with as little of the case against it getting a public airing as possible.
As the judge adjourned for a short break we thought these questions had now been addressed and the rest of the day would be calmer. We could not have been more wrong.
The court resumed with a new defence application, led by Mark Summers QC, about the new charges from the US governments new superseding indictment. Summers took the court back over the history of this extradition hearing. The first indictment had been drawn up in March of 2018. In January 2019 a provisional request for extradition had been made, which had been implemented in April of 2019 on Assange’s removal from the Embassy. In June 2019 this was replaced by the full request with a new, second indictment which had been the basis of these proceedings before today. A whole series of hearings had taken place on the basis of that second indictment.
The new superseding indictment dated from 20 June 2020. In February and May 2020 the US government had allowed hearings to go ahead on the basis of the second indictment, giving no warning, even though they must by that stage have known the new superseding indictment was coming. They had given neither explanation nor apology for this.
The defence had not been properly informed of the superseding indictment, and indeed had learnt of its existence only through a US government press release on 20 June. It had not finally been officially served in these proceedings until 29 July, just six weeks ago. At first, it had not been clear how the superseding indictment would affect the charges, as the US government was briefing it made no difference but just gave additional detail. But on 21 August 2020, not before, it finally became clear in new US government submissions that the charges themselves had been changed.
There were now new charges that were standalone and did not depend on the earlier allegations. Even if the 18 Manning related charges were rejected, these new allegations could still form grounds for extradition. These new allegations included encouraging the stealing of data from a bank and from the government of Iceland, passing information on tracking police vehicles, and hacking the computers both of individuals and of a security company.
“How much of this newly alleged material is criminal is anybody’s guess”, stated Summers, going on to explain that it was not at all clear that an Australian giving advice from outwith Iceland to someone in Iceland on how to crack a code, was actually criminal if it occurred in the UK. This was even without considering the test of dual criminality in the US also, which had to be passed before the conduct was subject to extradition.
It was unthinkable that allegations of this magnitude would be the subject of a Part 2 extradition hearing within six weeks if they were submitted as a new case. Plainly that did not give the defence time to prepare, or to line up witnesses to these new charges. Among the issues relating to these new charges the defence would wish to address, were that some were not criminal, some were out of time limitation, some had already been charged in other fora (including Southwark Crown Court and courts in the USA).
There were also important questions to be asked about the origins of some of these charges and the dubious nature of the witnesses. In particular the witness identified as “teenager” was the same person identified as “Iceland 1” in the previous indictment. That indictment had contained a “health warning” over this witness given by the US Department of Justice. This new indictment removed that warning. But the fact was, this witness is Sigurdur Thordarson, who had been convicted in Iceland in relation to these events of fraud, theft, stealing Wikileaks money and material and impersonating Julian Assange.
The indictment did not state that the FBI had been “kicked out of Iceland for trying to use Thordarson to frame Assange”, stated Summers baldly.
Summers said all these matters should be ventilated in these hearings if the new charges were to be heard, but the defence simply did not have time to prepare its answers or its witnesses in the brief six weeks it had since receiving them, even setting aside the extreme problems of contact with Assange in the conditions in which he was being held in Belmarsh prison.
The defence would plainly need time to prepare answers to these new charges, but it would plainly be unfair to keep Assange in jail for the months that would take. The defence therefore suggested that these new charges should be excised from the conduct to be considered by the court, and they should go ahead with the evidence on criminal behaviour confined to what conduct had previously been alleged.
Summers argued it was “entirely unfair” to add what were in law new and separate criminal allegations, at short notice and “entirely without warning and not giving the defence time to respond to it. What is happening here is abnormal, unfair and liable to create real injustice if allowed to continue.”
The arguments submitted by the prosecution now rested on these brand new allegations. For example, the prosecution now countered the arguments on the rights of whistleblowers and the necessity of revealing war crimes by stating that there can have been no such necessity to hack into a bank in Iceland.
Summers concluded that the “case should be confined to that conduct which the American government had seen fit to allege in the eighteen months of the case” before their second new indictment.
Replying to Summers for the prosecution, Joel Smith QC replied that the judge was obliged by the statute to consider the new charges and could not excise them. “If there is nothing proper about the restitution of a new extradition request after a failed request, there is nothing improper in a superseding indictment before the first request had failed.” Under the Extradition Act the court must decide only if the offence is an extraditable offence and the conduct alleged meets the dual criminality test. The court has no other role and no jurisdiction to excise part of the request.
Smith stated that all the authorities (precedents) were of charges being excised from a case to allow extradition to go ahead on the basis of the remaining sound charges, and those charges which had been excised were only on the basis of double jeopardy. There was no example of charges being excised to prevent an extradition. And the decision to excise charges had only ever been taken after the conduct alleged had been examined by the court. There was no example of alleged conduct not being considered by the court. The defendant could seek extra time if needed but the new allegations must be examined.
Summers replied that Smith was “wrong, wrong, wrong, and wrong”. “We are not saying that you can never submit a new indictment, but you cannot do it six weeks before the substantive hearing.” The impact of what Smith had said amounted to no more than “Ha ha this is what we are doing and you can’t stop us.” A substantive last minute change had been made with no explanation and no apology. It could not be the case, as Smith alleged, that a power existed to excise charges in fairness to the prosecution, but no power existed to excise charges in fairness to the defence.
Immediately Summers sat down, Baraitser gave her judgement on this point. As so often in this hearing, it was a pre-written judgement. She read it from a laptop she had brought into the courtroom with her, and she had made no alterations to that document as Summers and Smith had argued the case in front of her.
Baraitser stated that she had been asked as a preliminary move to excise from the case certain conduct alleged. Mr Summers had described the receipt of new allegations as extraordinary. However “I offered the defence the opportunity to adjourn the case” to give them time to prepare against the new allegations. “I considered of course that Mr Assange was in custody. I hear that Mr Summers believes this is fundamental unfairness”. But “the argument that we haven’t got the time, should be remedied by asking for the time.”
Mr Summers had raised issues of dual criminality and abuse of process; there was nothing preventing him for raising these arguments in the context of considering the request as now presented.
Baraitser simply ignored the argument that while there was indeed “nothing to prevent” the defence from answering the new allegations as each was considered, they had been given no time adequately to prepare. Having read out her pre-prepared judgement to proceed on the basis of the new superseding indictment, Baraitser adjourned the court for lunch.
At the end of the day I had the opportunity to speak to an extremely distinguished and well-known lawyer on the subject of Baraitser bringing pre-written judgements into court, prepared before she had heard the lawyers argue the case before her. I understood she already had seen the outline written arguments, but surely this was wrong. What was the point in the lawyers arguing for hours if the judgement was pre-written? What I really wanted to know was how far this was normal practice.
The lawyer replied to me that it absolutely was not normal practice, it was totally outrageous. In a long and distinguished career, this lawyer had very occasionally seen it done, even in the High Court, but there was always some effort to disguise the fact, perhaps by inserting some reference to points made orally in the courtroom. Baraitser was just blatant. The question was, of course, whether it was her own pre-written judgement she was reading out, or something she had been given from on high.
This was a pretty shocking morning. The guillotining of defence witnesses to hustle the case through, indeed the attempt to ensure their evidence was not spoken in court except those parts which the prosecution saw fit to attack in cross-examination, had been breathtaking. The effort by the defence to excise the last minute superseding indictment had been a fundamental point disposed of summarily. Yet again, Baraitser’s demeanour and very language made little attempt to disguise a hostility to the defence.
We were for the second time in the day in a break thinking that events must now calm down and get less dramatic. Again we were wrong.
Court resumed forty minutes late after lunch as various procedural wrangles were addressed behind closed doors. As the court resumed, Mark Summers for the defence stood up with a bombshell.
Summers said that the defence “recognised” the judgement Baraitser had just made – a very careful choice of word, as opposed to “respected” which might seem more natural. As she had ruled that the remedy to lack of time was more time, the defence was applying for an adjournment to enable them to prepare the answers to the new charges. They did not do this lightly, as Mr Assange would continue in prison in very difficult conditions during the adjournment.
Summers said the defence was simply not in a position to gather the evidence to respond to the new charges in a few short weeks, a situation made even worse by Covid restrictions. It was true that on 14 August Baraitser had offered an adjournment and on 21 August they had refused the offer. But in that period of time, Mr Assange had not had access to the new charges and they had not fully realised the extent to which these were a standalone new case. To this date, Assange had still not received the new prosecution Opening Note in prison, which was a crucial document in setting out the significance of the new charges.
Baraitser pointedly asked whether the defence could speak to Assange in prison by telephone. Summers replied yes, but these were extremely short conversations. They could not phone Mr Assange; he could only call out very briefly on the prison payphone to somebody’s mobile, and the rest of the team would have to try to gather round to listen. It was not possible in these very brief discussions adequately to expound complex material. Between 14 and 21 August they had been able to have only two such very short phone calls. The defence could only send documents to Mr Assange through the post to the prison; he was not always given them, or allowed to keep them.
Baraitser asked how long an adjournment was being requested. Summers replied until January.
For the US government, Mark Lewis QC replied that more scrutiny was needed of this request. The new matters in the indictment were purely criminal. They do not affect the arguments about the political nature of the case, or affect most of the witnesses. If more time were granted, “with the history of this case, we will just be presented with a sleigh of other material which will have no bearing on the small expansion of count 2”.
Baraitser adjourned the court “for ten minutes” while she went out to consider her judgement. In fact she took much longer. When she returned she looked peculiarly strained.
Baraitser ruled that on 14 August she had given the defence the opportunity to apply for an adjournment, and given them seven days to decide. On 21 August the defence had replied they did not want an adjournment. They had not replied that they had insufficient time to consider. Even today the defence had not applied to adjourn but rather had applied to excise charges. They “cannot have been surprised by my decision” against that application. Therefore they must have been prepared to proceed with the hearing. Their objections were not based on new circumstance. The conditions of Assange in Belmarsh had not changed since 21 August. They had therefore missed their chance and the motion to adjourn was refused.
The courtroom atmosphere was now highly charged. Having in the morning refused to cut out the superseding indictment on the grounds that the remedy for lack of time should be more time, Baraitser was now refusing to give more time. The defence had called her bluff; the state had apparently been confident that the effective solitary confinement in Belmarsh was so terrible that Assange would not request more time. I rather suspect that Julian was himself bluffing, and made the call at lunchtime to request more time in the full expectation that it would be refused, and the rank hypocrisy of the proceedings exposed.
I previously blogged about how the procedural trickery of the superseding indictment being used to replace the failing second indictment – as Smith said for the prosecution “before it failed” – was something that sickened the soul. Today in the courtroom you could smell the sulphur.
Well, yet again we were left with the feeling that matters must now get less exciting. This time we were right and they became instead excruciatingly banal. We finally moved on to the first witness, Professor Mark Feldstein, giving evidence to the court by videolink for the USA. It was not Professor Feldstein’s fault the day finished in confused anti-climax. The court was unable to make the video technology work. For ten broken minutes out of about forty Feldstein was briefly able to give evidence, and even this was completely unsatisfactory as he and Mark Summers were repeatedly speaking over each other on the link.
Professor Feldstein’s evidence will resume tomorrow (now in fact today) and I think rather than split it I shall give the full account then. Meantime you can see these excellent summaries from Kevin Gosztola or the morning and afternoon reports from James Doleman. In fact, I should be grateful if you did, so you can see that I am neither inventing nor exaggerating the facts of these startling events.
If you asked me to sum up today in a word, that word would undoubtedly be “railroaded”. it was all about pushing through the hearing as quickly as possible and with as little public exposure as possible to what is happening. Access denied, adjournment denied, exposition of defence evidence denied, removal of superseding indictment charges denied. The prosecution was plainly failing in that week back in Woolwich in February, which seems like an age ago. It has now been given a new boost.
How the defence will deal with the new charges we shall see. It seems impossible that they can do this without calling new witnesses to address the new facts. But the witness lists had already been finalised on the basis of the old charges. That the defence should be forced to proceed with the wrong witnesses seems crazy, but frankly, I am well past being surprised by anything in this fake process.
You are free to republish this article, including in translation, without further permission. A brief note left in comments below detailing where it is republished is appreciated.
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Your Man in the Public Gallery: Assange Hearing Day 7 (September 8th 2020)
September 9, 2020 in Uncategorized by craig
CLIVE STAFFORD SMITH
This morning we went straight in to the evidence of Clive Stafford Smith, a dual national British/American lawyer licensed to practice in the UK. He had founded Reprieve in 1999 originally to oppose the death penalty, but after 2001 it had branched out into torture, illicit detention and extraordinary rendition cases in relation to the “war on terror”.
Clive Stafford Smith testified that the publication by Wikileaks of the cables had been of great utility to litigation in Pakistan against illegal drone strikes. As Clive’s witness statement put it at paras 86/7:
Legal action dependent on the evidence about US drones strike policy revealed by Wikileaks had led to a judgement against assassination by the Chief Justice of Pakistan and to a sea change to public attitudes to drone strikes in Waziristan. One result had been a stopping of drone strikes in Waziristan.86. One of my motivations for working on these cases was that the U.S. drone campaign appeared to be horribly mismanaged and was resulting in paid informants giving false information about innocent people who were then killed in strikes. For example, when I shared the podium with Imran Khan at a “jirga” with the victims of drone strikes, I said in my public remarks that the room probably contained one or two people in the pay of the CIA.
What I never guessed was that not only was this true but that the informant would later make a false statement about a teenager who attended the jirga such that he and his cousin were killed in a drone strike three days later. We knew from the official press statement afterwards that the “intelligence” given to the U.S. involved four “militants” in a car; we knew from his family just him and his cousin going to pick up an aunt. There is a somewhat consistent rule that can be seen at work here: it is, of course, much safer for any informant to make a statement about someone who is a “nobody”, than someone who is genuinely dangerous.
87. This kind of horrific action was provoking immense anger, causing America’s status in Pakistan to plummet, and was making life more dangerous for Americans, not less.
Wikileaks released cables also revealed US diplomatic efforts to block international investigation into cases of torture and extraordinary rendition. This ran counter to the legal duty of the United States to cooperate with investigation of allegations of torture as mandated in Article 9 of the UN Convention Against Torture.
Stafford Smith continued that an underrated document released by Wikileaks was the JPEL, or US military Joint Priority Effects List for Afghanistan, in large part a list of assassination targets. This revealed a callous disregard of the legality of actions and a puerile attitude to killing, with juvenile nicknames given to assassination targets, some of which nicknames appeared to indicate inclusions on the list by British or Australian agents.
Stafford Smith gave the example of Bilal Abdul Kareem, an American citizen and journalist who had been the subject of five different US assassination attempts, using hellfire missiles fired from drones. Stafford Smith was engaged in ongoing litigation in Washington on whether “the US Government has the right to target its own citizens who are journalists for assassination.”
Stafford Smith then spoke of Guantanamo and the emergence of evidence that many detainees there are not terrorists but had been swept up in Afghanistan by a system dependent on the payment of bounties. The Detainee Assessment Briefs released by Wikileaks were not independent information but internal US Government files containing the worst allegations that the US had been able to “confect” against prisoners including Stafford Smith’s clients, and often get them to admit under torture.
These documents were US government allegations and when Wikileaks released them it was his first thought that it was the US Government who had released them to discredit defendants. The documents could not be a threat to national security.
Inside Guantanamo a core group of six detainees had turned informant and were used to make false allegations against other detainees. Stafford Smith said it was hard to blame them – they were trying to get out of that hellish place like everybody else. The US government had revealed the identities of those six, which put into perspective their concern for protecting informants in relation to Wikileaks releases.
Clive Stafford Smith said he had been “profoundly shocked” by the crimes committed by the US government against his clients. These included torture, kidnapping, illegal detention and murder. The murder of one detainee at Baghram Airport in Afghanistan had been justified as a permissible interrogation technique to put fear into other detainees. In 2001, he would never have believed the US Government could have done such things.
Stafford Smith spoke of use of Spanish Inquisition techniques, such as strapado, or hanging by the wrists until the shoulders slowly dislocate. He told of the torture of Binyam Mohamed, a British citizen who had his genitals cut daily with a razor blade. The British Government had avoided its legal obligations to Binyam Mohamed, and had leaked to the BBC the statement he had been forced to confess to under torture, in order to discredit him.
At this point Baraitser intervened to give a five minute warning on the 30 minute guillotine on Stafford Smith’s oral evidence. Asked by Mark Summers for the defence how Wikileaks had helped, Stafford Smith said that many of the leaked documents revealed illegal kidnapping, rendition and torture and had been used in trials. The International Criminal Court had now opened an investigation into war crimes in Afghanistan, in which decision Wikileaks released material had played a part.
Mark Summers asked what had been the response of the US Government to the opening of this ICC investigation. Clive Stafford Smith stated that an Executive Order had been issued initiating sanctions against any non-US citizen who cooperated with or promoted the ICC investigation into war crimes by the US. He suggested that Mr Summers would now be subject to US sanction for promoting this line of questioning.
Mr Stafford Smith’s 30 minutes was now up. You can read his full statement here. There could not have been a clearer example from the first witness of why so much time yesterday was taken up with trying to block the evidence of defence witnesses from being heard. Stafford Smith’s evidence was breathtaking stuff and clearly illustrated the purpose of the time guillotine on defence evidence. This is not material governments wish to be widely aired.
James Lewis QC then cross-examined Clive Stafford Smith for the prosecution. He noted that references to Wikileaks in Stafford Smith’s written evidence were few and far between. He suggested that Stafford Smith’s evidence had tended to argue that Wikileaks disclosures were in the public interest; but there was specifically no public interest defence allowed in the UK Official Secrets Act.
Stafford Smith replied that may be, but he knew that was not the case in America.
Lewis then said that in Stafford Smith’s written evidence paras 92-6 he had listed specific Wikileaks cables which related to disclosure of drone policy. But publication of these particular cables did not form part of the indictment. Lewis read out part of an affidavit from US Assistant Attorney Kromberg which stated that Assange was being indicted only for cables containing the publication of names of informants.
Stafford Smith replied that Kromberg may state that, but in practice that would not be the case in the United States. The charge was of conspiracy, and the way such charges were defined in the US system would allow the widest inclusion of evidence. The first witness at trial would be a “terrorism expert” who would draw a wide and far reaching picture of the history of threat against the USA.
Lewis asked whether Stafford Smith had read the indictment. He replied he had read the previous indictment, but not the new superseding indictment.
Lewis stated that the cables Stafford Smith quoted had been published by the Washington Post and the New York Times before they were published by Wikileaks. Stafford Smith responded that was true, but he understood those newspapers had obtained them from Wikileaks. Lewis then stated that the Washington Post and New York Times were not being prosecuted for publishing the same information; so how could the publication of that material be relevant to this case?
Lewis quoted Kromberg again:
“The only instance in which the superseding indictment encompasses the publication of documents, is where those documents contains names which are put at risk”.Stafford Smith again responded that in practice that was not how the case would be prosecuted in the United States. Lewis asked if Stafford Smith was calling Kromberg a liar.
At this point Julian Assange called out from the dock “This is nonsense. Count 1 states throughout “conspiracy to publish”. After a brief adjournment, Baraitser warned Julian he would be removed from the court if he interrupted proceedings again.
Stafford Smith said he had not said that Kromberg was a liar, and had not seen the full document from which Lewis was selectively quoting at him. Count 1 of the indictment is conspiracy to obtain national security information and this references dissemination to the public in a sub paragraph. This was not limited in the way Kromberg suggests and his claim did not correspond to Stafford Smith’s experience of how national security trials are in fact prosecuted in the United States.
Lewis reiterated that nobody was being prosecuted for publishing except Assange, and this only related to publishing names. He then asked Stafford Smith whether he had ever been in a position of responsibility for classifying information, to which he got a negative reply. Lewis then asked if had ever been in an official position to declassify documents. Stafford Smith replied no, but he held US security clearance enabling him to see classified material relating to his cases, and had often applied to have material declassified.
Stafford Smith stated that Kromberg’s assertion that the ICC investigation was a threat to national security was nonsense [I confess I am not sure where this assertion came from or why Stafford Smith suddenly addressed it]. Lewis suggested that the question of harm to US national interest from Assange’s activities was best decided by a jury in the United States. The prosecution had to prove damage to the interests of the US or help to an enemy of the US.
Stafford Smith said that beyond the government adoption of torture, kidnapping and assassination, he thought the post-2001 mania for over-classification of government information was an even bigger threat to the American way of life. He recalled his client Moazzam Begg – the evidence of Moazzam’s torture was classified “secret” on the grounds that knowledge that the USA used torture would damage American interests.
Lewis then took Stafford Smith to a passage in the book “Wikileaks; Inside Julian Assange’s War on Secrecy”, in which Luke Harding stated that he and David Leigh were most concerned to protect the names of informants, but Julian Assange had stated that Afghan informants were traitors who merited retribution. “They were informants, so if they got killed they had it coming.” Lewis tried several times to draw Stafford Smith into this, but Stafford Smith repeatedly said he understood these alleged facts were under dispute and he had no personal knowledge.
Lewis concluded by again repeating that the indictment only covered the publication of names. Stafford Smith said that he would eat his hat if that was all that was introduced at trial.
In re-examination, Mark Summers said that Lewis had characterised the disclosure of torture, killing and kidnapping as “in the public interest”. Was that a sufficient description? Stafford Smith said no, it was also the provision of evidence of crime; war crime and illegal activity.
Summers asked Stafford Smith to look at the indictment as a US lawyer (which Stafford Smith is) and see if he agreed with the characterisation by Lewis that it only covered publication where names were revealed. Summers read out this portion of the superseding indictment and pointed out that the “and” makes the point on documents mentioning names an additional category of document, not a restriction on the categories listed earlier.
You can read the full superseding indictment here; be careful when browsing as there are earlier superseding indictments; the US Government changes its indictment in this case about as often as Kim Kardashian changes her handbag.
Summers also listed Counts 4, 7, 10, 13 and 17 as also not limited to the naming of informants.
Stafford Smith again repeated his rather different point that in practice Kromberg’s assertion does not actually match how such cases are prosecuted in the US anyway. In answer to a further question, he repeated that the US government had itself released the names of its Guantanamo Bay informants.
In regard to the passage quoted from David Leigh, Summers asked Stafford Smith “Do you know that Mr Harding has published untruths in the press”. Lewis objected and Summers withdrew (although this is certainly true).
This concluded Clive Stafford Smith’s evidence. Before the next witness, Lewis put forward an argument to the judge that it was beyond dispute that the new indictment only related, as far as publication being an offence was concerned, to publication of names of defendants. Baraitser had replied that plainly this was disputed and the matter would be argued in due course.
(continued)
(continued)
Your Man in the Public Gallery: Assange Hearing Day 7 (September 8th 2020)
September 9, 2020 in Uncategorized by craig
PROFESSOR MARK FELDSTEIN
The afternoon resumed the evidence of Professor Mark Feldstein, begun sporadically amid technical glitches on Monday. For that reason I held off reporting the false start until now; I here give it as one account. Prof Feldstein’s full witness statement is here.
Professor Feldstein is Chair of Broadcast Journalism at Maryland University and had twenty years experience as an investigative journalist.
Feldstein stated that leaking of classified information happens with abandon in the United States. Government officials did it frequently. One academic study estimated such leaks as “thousands upon thousands”. There were journalists who specialised in national security and received Pulitzer prizes for receiving such leaks on military and defence matters. Leaked material is published on a daily basis.
Feldstein stated that “The first amendment protects the press, and it is vital that the First Amendment does so, not because journalists are privileged, but because the public have the right to know what is going on”. Historically, the government had never prosecuted a publisher for publishing leaked secrets. They had prosecuted whistleblowers.
There had been historical attempts to prosecute individual journalists, but all had come to nothing and all had been a specific attack on a perceived Presidential enemy. Feldstein had listed three instances of such attempts, but none had reached a grand jury.
[This is where the technology broke down on Monday. We now resume with Tuesday afternoon.]
Mark Summers asked Prof Feldstein about the Jack Anderson case. Feldstein replied he had researched this for his book “Poisoning the Press”. Nixon had planned to prosecute Anderson under the Espionage Act but had been told by his Attorney General the First Amendment made it impossible. Consequently Nixon had conducted a campaign against Anderson that included anti-gay smears, planting a spy in his office and foisting forged documents on him. An assassination plot by poison had even been discussed.
Summers took Feldstein to his evidence on “Blockbuster” newspaper stories based on Wikileaks publications:
• A disturbing videotape of American soldiers firing on a crowd from a helicopter above Baghdad, killing at least 18 people; the soldiers laughed as they targeted unarmed civilians, including two Reuters journalists.Feldstein agreed that many of these had revealed criminal acts and war crimes, and they were important stories for the US media. Summers asked Feldstein about Assange being charged with soliciting classified information. Feldstein replied that gathering classified information is “standard operating procedure” for journalists. “My entire career virtually was soliciting secret documents or records”
• US officials gathered detailed and often gruesome evidence that approximately 100,000 civilians were killed after its invasion of Iraq, contrary to the public claims of President George W. Bush’s administration, which downplayed the deaths and insisted that such statistics were not maintained. Approximately 15,000 of these civilians killings had never been previously disclosed anywhere.
• American forces in Iraq routinely turned a blind eye when the US-backed government there brutalized detainees, subjecting them to beatings, whippings, burnings, electric shock, and sodomy.
• After WikiLeaks published vivid accounts compiled by US diplomats of rampant corruption by Tunisian president Zine el-Abidine Ben Ali and his family, ensuing street protests forced the dictator to flee to Saudia Arabia. When the unrest in Tunisia spread to other Mideast countries,WikiLeaks was widely hailed as a key catalyst for this “Arab Spring.”
• In Afghanistan, the US deployed a secret “black” unit of special forces to hunt down “high value” Taliban leaders for “kill or capture” without trial.
• The US government expanded secret intelligence collection by its diplomats at the United Nations and overseas, ordering envoys to gather credit card numbers, work schedules, and frequent flier numbers of foreign dignitaries—eroding the distinction between foreign service officers and spies.
• Saudi Arabian King Abdullah secretly implored the US to “cut off the head of the snake” and stop Iran from developing nuclear weapons even as private Saudi donors were the number-one source of funding to Sunni terrorist groups worldwide.
• Customs officials caught Afghanistan’s vice president carrying $52 million in unexplained cash during a trip abroad, just one example of the endemic corruption at the highest levels of the Afghan government that the US has helped prop up.
• The US released “high risk enemy combatants” from its military prison in Guantanamo Bay, Cuba who then later turned up again in Mideast battlefields. At the same time, Guantanamo prisoners who proved harmless—such as an 89-year-old Afghan villager suffering from senile dementia—were held captive for years.
• US officials listed Pakistan’s intelligence service as a terrorist organization and found that it had plotted with the Taliban to attack American soldiers in Afghanistan—even though Pakistan receives more than $1 billion annually in US aid. Pakistan’s civilian president, Asif Ali Zardari, confided that he had limited control to stop this and expressed fear that his own military might “take me out.”
Summers pointed out that one accusation was that Assange helped Manning cover her tracks by breaking a password code. “Trying to help protect your source is a journalistic obligation” replied Feldstein. Journalists would provide sources with payphones, fake email accounts, and help them remove fingerprints both real and digital. These are standard journalistic techniques, taught at journalism college and workshops.
Summers asked about disclosure of names and potential harm to people. Feldstein said this was “easy to assert, hard to establish”. Government claims of national security damage were routinely overblown and should be treated with scepticism. In the case of the Pentagon Papers, the government had claimed that publication would identify CIA agents, reveal military plans and lengthen the Vietnam War. These claims had all proven to be untrue.
On the White House tapes Nixon had been recorded telling his aides to “get” the New York Times. He said their publications should be “cast in terms of aid and comfort to the enemy”.
Summers asked about the Obama administration’s attitude to Wikileaks. Feldstein said that there had been no prosecution after Wikileaks’ major publications in 2010/11. But Obama’s Justice Department had instigated an “aggressive investigation”. However they concluded in 2013 that the First Amendment rendered any prosecution impossible. Justice Department Spokesman Matthew Miller had published that they thought it would be a dangerous precedent that could be used against other journalists and publications.
With the Trump administration everything had changed. Trump had said he wished to “put reporters in jail”. Pompeo when head of the CIA had called Wikileaks a “hostile intelligence agency”. Sessions had declared prosecuting Assange “a priority”.
James Lewis then rose to cross-examine Feldstein. He adopted a particularly bullish and aggressive approach, and started by asking Feldstein to confine himself to very short, concise answers to his precise questions. He said that Feldstein “claimed to be” an expert witness, and had signed to affirm that he had read the criminal procedural rules. Could he tell the court what those rules said?
This was plainly designed to trip Feldstein up. I am sure I must have agreed WordPress’s terms and conditions in order to be able to publish this blog, but if you challenged me point blank to recall what they say I would struggle. However Feldstein did not hesitate, but came straight back saying that he had read them, and they were rather different to the American rules, stipulating impartiality and objectivity.
Lewis asked what Feldstein’s expertise was supposed to be. Feldstein replied the practice, conduct and history of journalism in the United States. Lewis asked if Feldstein was legally qualified. Feldstein replied no, but he was not giving legal opinion. Lewis asked if he had read the indictment. Feldstein replied he had not read the most recent indictment.
Lewis said that Feldstein had stated that Obama decided not to prosecute whereas Trump did. But it was clear that the investigation had continued through from the Obama to the Trump administrations. Feldstein replied yes, but the proof of the pudding was that there had been no prosecution under Obama.
Lewis referred to a Washington Post article from which Feldstein had quoted in his evidence and included in his footnotes, but had not appended a copy. “Was that because it contained a passage you do not wish us to read?” Lewis said that Feldstein had omitted the quote that “no formal decision had been made” by the Obama administration, and a reference to the possibility of prosecution for activity other than publication.
Feldstein was plainly slightly rattled by Lewis’ accusation of distortion. He replied that his report stated that the Obama administration did not prosecute, which was true. He had footnoted the article; he had not thought he needed to also provide a copy. He had exercised editorial selection in quoting from the article.
Lewis said that from other sources, a judge had stated in District Court that investigation was ongoing and District Judge Mehta had said other prosecutions against persons other than Manning were being considered. Why had Feldstein not included this information in his report? Assange’s lawyer Barry J Pollock had stated “they are not informing us they are closing the investigation or have decided not to charge.” Would it not be fair to add that to his report?
Prof Feldstein replied that Assange and his lawyers would be hard to convince that the prosecution had been dropped, but we know that no new information had in 2015/16 been brought to the Grand Jury.
Lewis stated that in 2016 Assange had offered to go to the United States to face charges if Manning were granted clemency. Does this not show the Obama administration was intending to charge? Should this not have been in his report? Feldstein replied no, because it was irrelevant. Assange was not in a position to know what Obama’s Justice Department was doing. The subsequent testimony of Obama Justice Department insiders was much more valuable.
Lewis asked if the Obama administration had decided not to prosecute, why would they keep the Grand Jury open? Feldstein replied this happened very frequently. It could be for many reasons, including to collect information on alleged co-conspirators, or simply in the hope of further new evidence.
Lewis suggested that the most Feldstein might honestly say was that the Obama administration had intimated that they would not prosecute for passively obtained information, but that did not extend to a decision not to prosecute for hacking with Chelsea Manning. “If Obama did not decide not to prosecute, and the investigation had continued into the Trump administration, then your diatribe against Trump becomes otiose.”
Lewis continued that the “New York Times problem” did not exist because the NYT had only published information it had passively received. Unlike Assange, the NYT had not conspired with Manning illegally to obtain the documents. Would Prof Feldstein agree that the First Amendment did not defend a journalist against a burglary or theft charge? Feldstein replied that a journalist is not above the law. Lewis then asked Feldstein whether a journalist had a right to “steal or unlawfully obtain information” or “to hack a computer to obtain information.” Each time Feldstein replied “no”.
Lewis then asked if Feldstein accepted that Bradley (sic) Manning had committed a crime. Feldstein replied “yes”. Lewis then asked “If Assange aided and abetted, consulted or procured or entered into a conspiracy with Bradley Manning, has he not committed a crime?” Feldstein said that would depend on the “sticky details.”
Lewis then restated that there was no allegation that the NYT entered into a conspiracy with Bradley Manning, only Julian Assange. On the indictment, only counts 15, 16 and 17 related to publishing and these only to publishing of unredacted documents. The New York Times, Guardian and Washington Post had united in condemnation of the publication by Wikileaks of unredacted cables containing names. Lewis then read out again the same quote from the Leigh/Harding book he had put to Stafford Smith, stating that Julian Assange had said the Afghan informants would deserve their fate.
Lewis asked: “Would a responsible journalist publish unredacted names of an informant knowing he is in danger when it is unnecessary to do so for the purpose of the story”. Prof Feldstein replied “no”. Lewis then went on to list examples of information it might be proper for government to keep secret, such as “troop movements in war, nuclear codes, material that would harm an individual” and asked if Feldstein agreed these were legitimate secrets. Feldstein replied “yes”.
Lewis then asked rhetorically whether it was not more fair to allow a US jury to be the judge of harm. He then asked Feldstein: “You say in your report that this is a political prosecution. But a Grand jury has supported the prosecution. Do you accept that there is an evidentiary basis for the prosecution?”. Feldstein replied “A grand jury has made that decision. I don’t know that it is true.” Lewis then read out a statement from US Assistant Attorney Kromberg that prosecution decisions are taken by independent prosecutors who follow a code that precludes political factors. He asked Feldstein if he agreed that independent prosecutors were a strong bulwark against political prosecution.
Feldstein replied “That is a naive view.”
Lewis then asked whether Feldstein was claiming that President Trump or his Attorney General had ordered this prosecution without a factual basis. The professor replied he had no doubt it was a political prosecution, this was based on 1) its unprecedented nature 2) the rejection of prosecution by Obama but decision to prosecute now with no new evidence 3) the extraordinary wide framing of the charges 4) President Trump’s narrative of hostility to the press. “It’s political”.
Mark Summers then re-examined Professor Feldstein. He said that Lewis had suggested that Assange was complicit in Manning obtaining classified information but the New York Times was not. Is it your understanding that to seek to help an official leaker is a crime? Professor Feldstein replied “No, absolutely not”.
“Do journalists ask for classified information?”Summers than asked Professor Feldstein what the New York Times had done to get the Pentagon Papers from Daniel Ellsberg. Feldstein replied they were very active in soliciting the papers. They had a key to the room that held the documents and had helped to copy them. They had played an active not a passive role. “Journalists are not passive stenographers.”
“Yes.”
“Do journalists solicit such information?”
“Yes.”
“Are you aware of any kind of previous prosecution for this kind of activity.”
“No. Absolutely not.”
“Could you predict it would be criminalised?”
“No, and it is very dangerous.”
Summers reminded Prof Feldstein that he had been asked about hacking. What if the purpose of the hacking was not to obtain the information, but to disguise the source? This was the specific allegation spelt out in Kromberg memorandum 4 paras 11 to 14. Professor Feldstein replied that protecting sources is an obligation. Journalists work closely with, conspire with, cajole, encourage, direct and protect their sources. That is journalism.
Summers asked Prof Feldstein if he maintained his caution in accepting government claims of harm. Feldstein replied absolutely. The government track record demanded caution. Summers pointed out that there is an act which specifically makes illegal the naming of intelligence sources, the Intelligence Identities Protection Act. Prof Feldstein said this was true; the fact that the charge was not brought under the IIPA proves that it is not true that the prosecution is intended to be limited to revealing of identities and in fact it will be much broader.
Summers concluded by saying that Lewis had stated that Wikileaks had released the unredacted cables in a mass publication. Would it change the professor’s assessment if the material had already been released by others. Prof Feldstein said his answers were not intended to indicate he accepted the government narrative.
Edward Fitzgerald QC then took over for the defence. He put to Prof Feldstein that there had been no prosecution of Assange when Manning was prosecuted, and Obama had given Manning clemency. These were significant facts. Feldstein agreed.
Fitzgerald then said that the Washington Post article from which Lewis complained Feldstein had quoted selectively, contained a great deal more material Feldstein had also not quoted but which strongly supported his case, for example “Officials told the Washington Post last week that there is no sealed indictment and the Department had “all but concluded that they would not bring a charge.”” It further stated that when Snowden was charged, Greenwald was not, and the same approach was followed with Manning/Assange. So overall the article confirmed Feldstein’s thesis, as contained in his report. Feldstein agreed. There was then discussion of other material that could have been included to support his thesis.
Fitzgerald concluded by asking if Feldstein were familiar with the phrase “a grand jury would indict a ham sandwich”. Feldstein replied it was common parlance and indicated the common view that grand juries were malleable and almost always did what prosecutors asked them to do. There was a great deal of academic material on this point.
_______________________
THOUGHTS
Thus concluded another extraordinary day. Once again, there were just five of us in the public gallery (in 42 seats) and the six allowed in the overflow video gallery in court 9 was reduced to three, as three seats were reserved by the court for “VIPs” who did not show up.
The cross-examinations showed the weakness of the thirty minute guillotine adopted by Baraitser, with really interesting defence testimony cut short, and then unlimited time allowed to Lewis for his cross examination. This was particularly pernicious in the evidence of Mark Feldstein. In James Lewis’ extraordinary cross-examination of Feldstein, Lewis spoke between five and ten times as many words as the actual witness. Some of Lewis’s “questions” went on for many minutes, contained huge passages of quote and often were phrased in convoluted double negative. Thrice Feldstein refused to reply on grounds he could not make out where the question lay. With the defence initial statement of the evidence limited to half an hour, Lewis’s cross examination approached two hours, a good 80% of which was Lewis speaking.
Feldstein was browbeaten by Lewis and plainly believed that when Lewis told him to answer in very brief and concise answers, Lewis had the authority to instruct that. In fact Lewis is not the judge and it was supposed to be Feldstein’s evidence, not Lewis’s. Baraitser failed to protect Feldstein or to explain his right to frame his own answers, when that was very obviously a necessary course for her to take.
Today we had two expert witnesses, who had both submitted lengthy written testimony relating to one indictment, which was now being examined in relation to a new superseding indictment, exchanged at the last minute, and which neither of them had ever seen. Both specifically stated they had not seen the new indictment. Furthermore this new superseding indictment had been specifically prepared by the prosecution with the benefit of having heard the defence arguments and seen much of the defence evidence, in order to get round the fact that the indictment on which the hearing started was obviously failing.
On top of which the defence had been refused an adjournment to prepare their defence against the new indictment, which would have enabled these and other witnesses to see the superseding indictment, adjust their evidence accordingly and be prepared to be cross-examined in relation to it.
Clive Stafford Smith testified today that in 2001 he would not have believed the outrageous crimes that were to be perpetrated by the US government. I am obliged to say that I simply cannot believe the blatant abuse of process that is unfolding before my eyes in this courtroom.
Dear Craig Murray tweeted yesterday that it takes him close to 7 hours to collate and produce this work for everyone. He's quite a hero really and I said as much in a tweet to his account late last night from the PA Twitter.
Here's his submission from yesterday's hearing.
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Your Man in the Public Gallery – Assange Hearing Day 8 (September 9th 2020)
September 10, 2020 in Uncategorized by craig
The great question after yesterday’s hearing was whether prosecution counsel James Lewis QC would continue to charge at defence witnesses like a deranged berserker (spoiler – he would), and more importantly, why?
QC’s representing governments usually seek to radiate calm control, and treat defence arguments as almost beneath their notice, certainly as no conceivable threat to the majestic thinking of the state. Lewis instead resembled a starving terrier kept away from a prime sausage by a steel fence whose manufacture and appearance was far beyond his comprehension.
Perhaps he has toothache.
PROFESSOR PAUL ROGERS
The first defence witness this morning was Professor Paul Rogers, Emeritus Professor of Peace Studies at the University of Bradford. He has written 9 books on the War on Terror, and has been for 15 years responsible for MOD contracts on training of armed forces in law and ethics of conflict. Rogers appeared by videolink from Bradford.
Prof Rogers’ full witness statement is here.
Edward Fitzgerald QC asked Prof Rogers whether Julian Assange’s views are political (this goes to article 4 in the UK/US extradition treaty against political extradition). Prof Rogers replied that “Assange is very clearly a person of strong political opinions.”
Fitzgerald then asked Prof Rogers to expound on the significance of the revelations from Chelsea Manning on Afghanistan. Prof Rogers responded that in 2001 there had been a very strong commitment in the United States to going to war in Afghanistan and Iraq. Easy initial military victories led to a feeling the nation had “got back on track”. George W Bush’s first state of the union address had the atmosphere of a victory rally. But Wikileaks’ revelations in the leaked war logs reinforced the view of some analysts that this was not a true picture, that the war in Afghanistan had gone wrong from the start. It contradicted the government line that Afghanistan was a success. Similarly the Wikileaks evidence published in 2011 had confirmed very strongly that the Iraq War had gone badly wrong, when the US official narrative had been one of success.
Wikileaks had for example proven from the war logs that there were a minimum of 15,000 more civilian deaths than had been reckoned by Iraq Body Count. These Wikileaks exposures of the failures of these wars had contributed in large part to a much greater subsequent reluctance of western powers to go to war at an early stage.
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Fitzgerald said that para 8 of Rogers’ report suggests that Assange was motivated by his political views and referenced his speech to the United Nations. Was his intention to influence political actions by the USA?
Rogers replied yes. Assange had stated that he was not against the USA and there were good people in the USA who held differing views. He plainly hoped to influence US policy. Rogers also referenced the statement by Mairead Maguire in nominating Julian for the Nobel Peace Prize:
"Julian Assange and his colleagues in Wikileaks have shown on numerous occasions that they are one of the last outlets of true democracy and their work for our freedom and speech. Their work for true peace by making public our governments’ actions at home and abroad has enlightened us to their atrocities carried out in the name of so-called democracy around the world."
Rogers stated that Assange had a clear and coherent political philosophy. He had set it out in particular in the campaign of the Wikileaks Party for a Senate seat in Australia. It was based on human rights and a belief in transparency and accountability of organisations. It was essentially libertarian in nature. It embraced not just government transparency, but also transparency in corporations, trade unions and NGOs. It amounted to a very clear political philosophy. Assange adopted a clear political stance that did not align with conventional party politics but incorporated coherent beliefs that had attracted growing support in recent years.
Fitzgerald asked how this related to the Trump administration. Rogers said that Trump was a threat to Wikileaks because he comes from a position of quite extreme hostility to transparency and accountability in his administration. Fitzgerald suggested the incoming Trump administration had demonstrated this hostility to Assange and desire to prosecute. Rogers replied that yes, the hostility had been evidenced in a series of statements right across the senior members of the Trump administration. It was motivated by Trump’s characterisation of any adverse information as “fake news”.
Fitzgerald asked whether the motivation for the current prosecution was criminal or political? Rogers replied “the latter”. This was a part of the atypical behaviour of the Trump administration; it prosecutes on political motivation. They see openness as a particular threat to this administration. This also related to Trump’s obsessive dislike of his predecessor. His administration would prosecute Assange precisely because Obama did not prosecute Assange. Also the incoming Trump administration had been extremely annoyed by the commutation of Chelsea Manning’s sentence, a decision they had no power to revoke. For that the prosecution of Assange could be vicarious revenge.
Several senior administration members had advocated extremely long jail sentences for Assange and some had even mooted the death penalty, although Rogers realised that was technically impossible through this process.
Fitzgerald asked whether Assange’s political opinions were of a type protected by the Refugee Convention. Rogers replied yes. Persecution for political opinion is a solid reason to ask for refugee status. Assange’s actions are motivated by his political stance. Finally Fitzgerald then asked whether Rogers saw political significance in the fact that Assange was not prosecuted under Obama. Rogers replied yes, he did. This case is plainly affected by fundamental political motivation emanating from Trump himself.
James Lewis QC then rose to cross-examine for the prosecution. His first question was “what is a political opinion?” Rogers replied that a political opinion takes a particular stance on the political process and does so openly. It relates to the governance of communities, from nations down to smaller units.
Lewis suggested that Assange’s views encompassed the governance of corporations, NGOs and trade unions. They could not therefore be considered as “political opinion”. Rogers replied that the province of the political in the last fifty years or so now includes much more beyond the strict governmental process. Assange particularly discusses relationships between government and corporations and the latter’s influence on government and society as part of a wider ruling establishment.
Lewis then asked “is simply being a journalist a person who expresses political opinions?” Rogers replied not necessarily; there were different kinds of journalist. Lewis than asked “So just being a journalist or publisher does not necessarily mean that you have political opinions, does it?” Rogers replied “not necessarily, but usually.” Lewis then suggested that the expression of editorial opinion was what constituted a political view in a journalist. Rogers replied that was one way, but there were others. Selection of material to publish could manifest a political view.
Lewis then rattled off a series of questions. Is transparency a political opinion? Does Assange hold the view that Governments may never hold secrets? Should that transparency enable putting individuals at risk? There were more.
Rogers replied that these questions did not permit of binary answers.
Lewis then took Rogers to Assange’s speech to the Stop the War Coalition, where he stated that the invasion of Poland at the start of the Second World War was the result of carefully concocted lies. Did Prof Rogers agree with that view? What political opinion did that view represent? Rogers replied it represented a strong political opinion and a particular view on the origin of war. Lewis then quoted another alleged comment of Assange, “Journalists are war criminals” and asked what political opinion that represented. Rogers replied that it represented a suspicion of certain journalistic practices.
Rogers said that he had never said he supported or identified with Assange’s views. He strongly disagreed with some. But that they were coherent political views there was no doubt.
Lewis then read out a lengthy quote by Assange to the effect that strongly anti-transparency governments will always result in more leaks, followed by more restrictions and this would set up a cycle. Lewis asked Rogers what political view this could be said to represent. Rogers replied it was an interesting analysis of the working of highly autocratic systems. Their concern with secrecy leads to increased leaks which decrease their security. He was not sure if it was explicit, but he believed Assange may be positing this as a new development made possible by the internet. Assange’s thesis was that autocratic regimes harbour the seeds of their own destruction. It was not a traditional view held by political scientists but it was worth consideration.
Lewis now changed tack. He stated that Prof Rogers was appearing as a “so-called expert witness” under a continuing obligation to be unbiased. He had a duty to consider all supporting evidence. US Assistant Attorney Gordon Kromberg had submitted an affidavit explicitly denying there was any political motivation for the prosecution, stating that it is evidence based. Why did Prof Rogers not mention the Kromberg statement in his report? An unbiased expert witness would take into account Kromberg’s statement.
Rogers replied that he spoke from his expertise as a political scientist, not a lawyer. He accepted that Kromberg had made his statement but believed a wider view to be more important.
Lewis stated that Kromberg’s first affidavit stated that “based on the available evidence and applicable law a grand jury had approved the charges.” Why had Rogers not mentioned the grand jury? Rogers said that he had taken a wider view about why there was a decision now to prosecute and not in 2011, why Kromberg’s statement was being made now after a gap of eight years. This was anomalous.
Lewis then asked “I want to consider why you did not consider the opposite view. Have you seen the evidence?” At this point he was grinning very strangely indeed, looking up at the judge, leaning back with one arm wide across his chair back, in some sort of peculiar alpha male gesture. I believe Rogers’ videolink only gave him a wide view of the whole courtroom, so how much he could see of the body language of his questioner I am unsure.
Rogers said he had seen the evidence. Lewis gurned in wild-eyed triumph “you cannot have seen the evidence. The evidence has only been seen by the grand jury and not released. You cannot have seen the evidence.” Rogers apologised, and said he had understood Lewis to mean Kromberg’s affidavit as the evidence. Rogers went on to say that less than 24 hours ago he had received an evidence bundle of 350 pages. It was unfair to expect him to have a precise mental picture of every document.
Lewis then returned to a Gordon Kromberg affidavit which said that prosecutors have a code which bars them from taking politically motivated decisions. Rogers replied that may be right in theory, but was untrue in practice, particularly in the USA where a much higher percentage of senior officials in the Department of Justice were political appointees who changed with each administration. Lewis asked Rogers whether he was alleging the prosecutors did not follow the code outlined by Kromberg. Rogers replied you had to consider the motivation of those above the prosecutors who influenced their decisions. “What you are giving me is a fair representation of how federal prosecutors are supposed to do their work. But they work as those above direct them.”
Lewis repeated that the code excludes political motivation for prosecution. Was Rogers claiming that Gordon Kromberg was acting in bad faith? Rogers replied no, but he was acting under political direction. The timing of this indictment after eight years was the key. Lewis asked whether that mattered if a crime had been committed. He referred to historic prosecutions of those soldiers who had allegedly committed crimes in Northern Ireland over twenty years ago. Was it political motivation that led to new prosecutions now? Rogers said this was more about bad faith.
Lewis asked if Rogers understood what Assange was being prosecuted for. Was he being prosecuted for publishing the collateral murder video? Rogers replied no, the charges were more specific and mostly related to the Espionage Act. Lewis stated the majority of charges were focused on complicity in theft and on hacking. Rogers responded there was obviously a wider political question as to why acts were being done in the first place. Lewis stated that on the question of publication, charges only related to the unredacted names of sources. Rogers said that he understood that was what the prosecution is saying, but was not agreed by the defence. But the question remained, why is this being brought now? And you could only look at that from the point of view of developments in American politics over the last twenty years.
Lewis asked Rogers to confirm that he was not saying US prosecutors were acting in bad faith. Rogers replied that he would hope not, at that level. Lewis asked if Rogers’ position was that at a higher level there had been a political decision to prosecute. Rogers said yes. These were complex matters. It was governed by political developments in the US since about 1997. He wished to speak to that… Lewis cut him off and said he preferred to look at evidence. He cited a Washington Post article from 2013 which stated that there had been no formal decision not to prosecute Assange by the Obama administration (this was the same article Lewis had quoted yesterday to Feldstein, on which he had been called out by Edward Fitzgerald for selective quotation). Rogers replied yes, but that must be considered in a wider context.
Lewis again refused to let Rogers develop his evidence, and gave the quotes from Assange’s legal team, again as given yesterday to Feldstein, to the effect they had in 2016 not been informed charges had been dropped. Rogers replied that was just what you would expect from Wikileaks at that time. They did not know and were bound to be cautious.
Lewis: Do you accept there had been a continuing investigation from Obama to Trump administrations.Lewis now responded that Rogers was not a real expert witness and “had given a biased opinion in favour of Julian Assange”.
Rogers: Yes, but we do not know at what level of intensity.
Lewis: Do you accept that there was no decision not to prosecute by Obama
Rogers: There was no decision to prosecute. It did not happen.
Lewis: How could they prosecute when Assange was in the Embassy?
Rogers: That would not preclude a prosecution going ahead and charges being brought. That might be a way to bring pressure on Ecuador.
Lewis: Assange’s lawyer said there was no decision not to prosecute by the Obama administration.
Rogers: I have accepted there was no decision not to prosecute. But there was no prosecution and it was considered.
Lewis: Judge Mehta said there was ongoing investigation of others beside Manning. And Wikileaks tweeted Assange’s willingness to come to the USA to face charges if Manning was granted clemency.
Rogers: Obviously Assange and his lawyer could not be sure of the situation. But it must be understood that bringing Julian Assange to the USA for a major trial of someone who was perceived by many Trump supporters and potential Trump supporters as an enemy of the state, might be of crucial political benefit to Mr Trump.
Edward Fitzgerald QC then re-examined Prof Rogers for the defence. He said that Mr Lewis had appeared to see something sinister in Mr Assange’s statement that the invasion of Poland and second world war had been started by lies. To what lies did Prof Rogers think that Assange was referring? Rogers replied the lies of the Nazi Regime. Fitzgerald asked if this was a fair point. Rogers replied yes.
Fitzgerald read the context of Assange’s statement which also referred to lies starting the Iraq war. Rogers agreed that lies leading to war was a consistent Assange political theme. Fitzgerald then invited Rogers briefly to summarise the consequences of the change of US administration. Rogers stated that under Trump, the narrative from senior politicians on Wikileaks had changed.
The Bush administration had viewed the Iraq war as essential, with the support of most American people. That view had gradually changed until Obama had won basically on a “withdraw from Iraq” ticket. Similarly the Afghan war had been thought winnable but gradually the political establishment changed their mind. This shift in view was partly due to Wikileaks. By 2015/6 American politics had moved on from the wars and there was no political interest in prosecuting Wikileaks.
Then Trump came in with a completely new attitude to the entire fourth estate and to openness and accountability of the executive. That had led to this prosecution. Fitzgerald directed Rogers to a Washington Post article which stated:
Rogers agreed this supported his position. Fitzgerald then asked about Lewis’s comparison with prosecution of British soldiers for historical crimes in Northern Ireland. Rogers agreed that their prosecution in no way related to their political opinions, so the cases were not comparable. Rogers’ final point was that four months after Barr took office as attorney general, charges were increased from a single one to eighteen. This was a pretty clear indication of political pressure being put on the prosecutorial system."The previously undisclosed disagreement inside the Justice Department underscores the fraught, high-stakes nature of the government’s years-long effort to counter Assange, an Internet-age publisher who has repeatedly declared his hostility to U.S. foreign policy and military operations. The Assange case also illustrates how the Trump administration is willing to go further than its predecessors in pursuit of leakers — and those who publish official secrets."
TREVOR TIMM
The afternoon witness was Trevor Timm, co-founder of the Freedom of the Press Association in San Francisco, again via videolink. You can see his full evidence statement here. The Freedom of the Press Association teaches and supports investigative journalism and seeks to document and counter violations of media freedom in the USA.
Mr Timm testified that there is a rich history in the USA of famous reporters covering defence and foreign affairs related matters drawing upon classified documents. In 1971 the Supreme Court had decided the government could not censor the NYT from publishing the Pentagon Papers. There have been several instances over history where the government had explored using the Espionage Act to prosecute journalists but no prosecution had ever materialised because of First Amendment constitutional rights.
For the defence, Mark Summers QC put to Mr Timms that this was the prosecution’s case: Chelsea Manning had committed a crime in whistleblowing. So any act that helped Chelsea Manning or solicited material was also a crime. Timm replied this was not the law. It was standard practice for journalists to ask sources for classified material. The implications of this prosecution would criminalise any journalist in receipt of classified intelligence. Virtually every single newspaper in the United States had criticised this decision to prosecute on these grounds, including those that have opposed Wikileaks’ general activities.
This was the only attempt to use the Espionage Act against a person not in government employ apart from the AIPAC case, which had collapsed for that reason. Many great journalists would have been caught by this kind of prosecution, including Woodward and Bernstein for the cultivation of Deep Throat.
Summers asked about the prosecution’s characterisation of the provision of a drop box by Wikileaks to a whistleblower as criminal conspiracy. Timm replied that the indictment treats possession of a secure drop box as a criminal offence. But the Guardian, Washington Post, New York Times and over 80 other news organisations have secure drop boxes. The International Committee of Investigative Journalists has a drop box with a specific “leak to us” page requesting classified documents. Timms’ own foundation had developed in 2014 a secure drop box which they taught, and which had been adopted by multiple news organisations in the USA.
Summers asked if news organisations advertised drop boxes. Timm replied yes. The New York Times links to its secure drop box in its social media posts. Some even took out paid adverts for whistleblowers. Summers asked about the “most wanted list” which the prosecution characterised as criminal solicitation. Timm replied that multiple respectable news organisations actively solicited whistleblowers. The “most wanted” list had been a Wiki document which had been crowdsourced. It was not a Wikileaks document. His own foundation had contributed to it along with many other media organisations. Summers asked if this was criminal activity. Timm replied in the negative.
Summers asked Timm to expound his thoughts on the Senate Intelligence Committee Report on Torture in 2014. Timm said that this vital and damning report on CIA involvement in torture had been much redacted and was based on thousands of classified documents not made available to the public. Virtually the entire media had therefore been involved in trying to obtain the classified material that revealed more of the story. Much of this material was classified Top Secret – higher than the Manning material. Many newspapers appealed for whistleblowers to come forward with documents and he had himself published an appeal to that effect in the Guardian.
Summers asked if it had ever been suggested to Timm this was criminal behaviour. Timm replied no, the universal belief had been that it was first amendment protected free speech. The current indictment is unconstitutional.
James Lewis QC then cross-examined for the prosecution. He said this was claimed to be expert opinion, but did Timm know what that meant in UK law? Timm said he had an obligation to explain his qualification and to tell the truth. Lewis replied that he was also supposed to be objective, unbiased and have no conflict of interest. But the Free Press Foundation had contribute to Assange’s defence fund. Lewis asked how much? Timm replied US$100,000.
Lewis asked if there were any conditions under which the Foundation would get their money back. Timm replied no, not to his knowledge. Lewis asked whether Timm would feel personally threatened were this case to go to prosecution. Timm replied that would represent a threat to many thousands of journalists. The Espionage Act was so widely drafted it would even pose a threat to purchasers and readers of newspapers containing leaked information.
Lewis said that Timm had testified that he had written advocating a leaking of CIA material. Did he fear he would be prosecuted himself? Timm replied no, he had not asked for material to be leaked to himself. But this prosecution was a real threat to thousands of journalists represented by his organisation.
Lewis said that the prosecution position is that Assange is not a journalist. Timm replied that he is a journalist. Being a journalist does not mean working for the mainstream media. There was a long legal history of that going back to pamphleteers at the time of Independence.
This cross examination was not going so well, and Lewis reached yet again for Gordon Kromberg’s affidavit as for a comfort blanket. Kromberg had sworn that the Department of Justice takes seriously the protection of journalists and that Julian Assange is no journalist. Kromberg had further sworn that Julian Assange was only being prosecuted for conspiring to illegally obtain material, and for publishing unredacted names of informants who would be at risk of death. The government is going out of its way to stress it is not prosecuting journalism.
Timm replied that he based his opinion on what the indictment said, not on the Department of Justice press release from which Lewis had read. Three of these charges relate to publication. The other charges relate to possession of material. Lewis said that Timm was missing the hacking allegation which was central to Count 1 and several other counts. Lewis quoted an article in the Law Review of New York Law School, which said that it was illegal for a journalist to obtain material from the wreckage of a crashed airplane, from an illegal wiretap or from theft, even if the purpose were publication. Would it not be illegal to conspire with a source to commit hacking?
Timm replied that in this case the allegation appeared to be that the hacking was to protect the identity of the source, not to steal documents. Protection of sources was an obligation.
Lewis then asked Timm if he had seen the actual evidence that supports the indictment. Timm replied only some of it, in particular the Java script of the messages allegedly between Assange and Manning. Lewis said Timm could not have seen all the evidence as it had not been published. Timm replied he had not said he had seen it all. He had seen the alleged Assange/Manning messages which had been published.
Lewis said that Assange had published unredacted material which put lives in danger. That was the specific charge. Timm replied that, assuming the assertion was true, the prosecution was still unconstitutional. There was a difference between responsible and irresponsible, and legal and illegal. An act could be irresponsible, even blameworthy, and still not illegal.
There had never been a prosecution for publication of names of informants, even where they were allegedly put in harm’s way. Following the official line about harm to informants precisely due to Wikileaks’ publication of the cables, Senator Joe Liebermann had introduced the Shield Bill into Congress. It failed specifically on First Amendment grounds. The episode tells us two things; firstly that Congress considered publication of informants’ names was not illegal and secondly that neither did they wish to make it illegal.
Lewis quoted a Guardian editorial condemning the publication of names, and stated that the Washington Post, New York Times, El Pais and Der Spiegel among many others had condemned it too. Timm replied that still did not make it illegal. The US government ought not to be the arbiter of whether an editorial decision is correct or not. Timm also felt it worth noting in passing that all of those media outlets whose opinions Lewis held in such high regard, had condemned the current attempt at prosecution.
Lewis asked why we should prefer Timm’s opinion to that of the courts. Timm replied that his opinion was in line with the courts. Countless decisions over centuries upheld the First Amendment. It was the indictment which was out of tune with the courts. The Supreme Court had expressly stated that there was no balance of harm argument in First Amendment cases.
Lewis asked Timm what qualification he had to comment on legal matters. Timm replied he had graduated from Law School and had gained admission to the New York Bar, but rather than practice he had worked on academic analysis of media freedom cases. The Foundation often joined in with litigation in support of media freedom, on an amicus basis.
Lewis said (in a tone of disbelief) that Timm had stated this prosecution was part of “Trump’s war on journalism”. Timm cut in niftily. Yes, he explained, we keep track on Trump’s war on journalism. He has sent out over 2,200 tweets attacking journalists. He has called journalists “enemies of the people”. There is a great deal of available material on this.
Lewis asked why Timm had failed to note that US Assistant Attorney Gordon Kromberg had specifically denied that there was a war on journalists? Timm said he had addressed these arguments in his evidence, though without specifically referencing Kromberg. Lewis stated that Timm had also not addressed Kromberg’s assertion that Assange is not charged simply with receipt of classified material. Timm replied that is because Kromberg’s assertion is inaccurate. Assange is indeed charged with offences encompassing passive receipt. If you get to count 7, for example and look at the legislation it charges under, it does precisely criminalise passive receipt and possession.
Lewis asked why Timm had omitted Kromberg’s reference to the grand jury decision? Timm replied that it meant very little: 99.9% of grand juries agree to return a prosecution. An academic study of 152,000 grand juries had revealed only 11 which had refused the request of a federal prosecutor to prosecute.
Lewis asked Timm why he had failed to mention that Kromberg asserted that a federal prosecutor may not take political considerations into account. Timm replied that did not reflect reality. Prosecution was one prong of many in President Trump’s war on journalism. Lewis asked whether Timm was saying that Kromberg and his colleagues were acting in bad faith. Timm replied no, but there had been a story in the Washington Post that more senior federal prosecutors had been opposed to the prosecution as contrary to the First Amendment and thus unconstitutional.
Mark Summers then re-examined for the defence. He said that Kromberg presents two grounds for Assange not being a journalist. The first is that he conspired with Manning to obtain confidential material. Timm replied that this cultivating of a source was routine journalistic activity. The indictment is precluded by the First Amendment. The Supreme Court has ruled that even if a journalist knows that material is stolen (but not by him), he may still publish with entitlement to First Amendment protection.
Summers asked Timm about Lewis’s comparison of Assange’s contact with Manning to theft from an airplane wreck or illegal wiretap. Timm said this alleged offence did not reach that bar. The government does not allege that Assange himself helped Manning to steal the material. It alleges he provided help to crack a code that enabled Manning better to protect his identity.
Lewis here interrupted with a lengthy quote from one of Kromberg’s affidavits, to the effect that the government was now alleging that Assange helped Manning hack a password in order to facilitate obtaining classified information. Timm said yet again Kromberg’s affidavit did not appear to match the actual indictment. The claim there is that the password hacking “may have made it more difficult to identify Manning”. It is about source protection, not theft. Source protection is normal journalistic activity.
Summers stated that Kromberg’s second justification for stating that Assange is not a journalist was that he published the names of sources. Timm replied that he understood these facts were disputed, but in any event the Supreme Court had made plain such publication still enjoyed First Amendment protection. Controversial editorial choice did not render you “not a journalist”.
Summers asked Timm if he accepted Kromberg’s characterisation that Assange was only being prosecuted for alleged hacking and for publication of names. Timm said he did not. Counts 16, 17 and 18 were for publishing. All the other counts related to possession. Count 7 for example was for “knowingly unlawful receiving and obtaining”. That described passive receipt of classified information and would criminalise much legitimate journalistic activity. Huge swathes of defence, national security and foreign affairs reporting would be criminalised.
COMMENT
The defence have been attempting the last two days to make a rational case that this is a politically motivated prosecution and therefore not eligible under the terms of the UK/US extradition treaty of 2007 (relevant extract pictured above).
In opening argument back in February, the prosecution had run a frankly farcical argument that Article 4 of the treaty does not apply as incompatible with UK law, and an esto argument that Assange’s activity is not political as in law that word can only mean support for a particular party. Hence Lewis’s sparring on that point with Prof Rogers today, in which Lewis was well out of his depth.
Lewis primary tactic has been rudeness and aggression to disconcert witnesses. He questions their honesty, fairness, independence and qualifications. Today his bullying tactics ran foul of two classier performers than he. That is no criticism of Professor Feldstein yesterday, whose quiet dignity and concern was effective in a different way in exposing Lewis as a boor.
Lewis’s remaining tactic is to fall back repeatedly on the affidavits of Gordon Kromberg, US Assistant Attorney, and his statements that the prosecution is not politically motivated, and on Kromberg’s characterisation of the extent of the charges, which everybody else but Lewis and Kromberg finds inconsistent with the superseding indictment itself.
Witnesses understandably back away from Lewis’s challenge to call Kromberg a liar, or even to question his good faith. Lewis’s plan is very plainly to declare at the end that every witness accepted Kromberg’s good faith and therefore this is a fair prosecution and the defence have no case.
Perhaps I can assist. I do not accept Kromberg’s good faith. I have no hesitation in calling Kromberg a liar.
When the best thing your most supportive colleague can say about you, is that out-and-out Islamophobes do enjoy temporary popularity in the immediate aftermath of a terror attack, then there is a real problem. There is a real problem with Gordon Kromberg, and Lewis may very well come to regret resting the weight of the credibility of his entire case upon such a shoogly peg.
Kromberg has a repeated history of Islamophobic remarks, including about Muslim women. As the Wall Street Journal reported on September 15th 2008,
“Kromberg has taken a lot of heat recently for comments made and tactics taken in terrorism prosecutions”… said Andrew McCarthy, a former federal terrorism prosecutor. “As long as nothing goes boom, they want to say you’re an Islamophobe. The moment something does go boom, if the next 9/11 happens, God help anyone who says they weren’t as aggressive as Gordon.”For British readers, Kromberg is Katie Hopkins with a legal brief. Conjure up that image every one of the scores of times Lewis relies on Gordon Kromberg.
More to the point, all expert witnesses have so far said that Kromberg’s precious memoranda explaining the scope of the indictment are inaccurate. It is at odds either with actual practice in the USA (the lawyer Clive Stafford Smith made this point) or the actual statutes to which it refers (the lawyers Trevor Timm and of course Mark Summers QC for the defence both make this point).
Crucially, Kromberg has a proven history of precisely this kind of distortion away from the statute. Also from the Wall Street Journal:
Federal judge Leonie M. Brinkema lashed out at the prosecutor [Kromberg], calling his remark insulting. Earlier, she had chastised Kromberg for changing a boilerplate immunity order beyond the language spelled out by Congress and questioned whether Arian’s constitutional rights had been violated.
“I’m not in any respect attributing evil motives or anything clandestine to you, but I think it’s real scary and not wise for a prosecutor to provide an order to the Court that does not track the explicit language of the statutes, especially this particular statute,” Brinkema said at the hearing in the Alexandria courtroom.Next time Lewis asks a witness if they are questioning Kromberg’s good faith, they might want to answer “yes”. It certainly will not be the first time. As Trevor Timm testified today, senior prosecutors in the Justice Department had opposed this prosecution as unconstitutional and refused to be involved. Trump was left with this discredited right wing sleazeball. Now here we are at the Old Bailey, with a floundering Lewis clutching at this oaf Kromberg for intellectual support.
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I look forward to getting Craig's update/s on today's (September 10th) proceedings where there will be mention of the hearing adjournment until Monday 14th as one of the (prosecution?) lawyers appears to have been exposed to 'Covid-19' according to some reliable tweets circulating at the moment.
This has to rank as one of, if not the most bizarre cases in legal history, for so many different reasons - crazy times.
Here's a most wonderful personal view from a friend and former student with Julian, Niraj Lal, writing on his Medium blog.
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Rubberhose cryptography and the idea behind Wikileaks: Julian Assange as a physics student
Niraj Lal Sep 7 · 17 min read
Article here.
“There is not a crime, there is not a dodge, there is not a trick, there is not a swindle, there is not a vice which does not live by secrecy.”— Joseph Pulitzer
The last dinner that Julian Assange had in relative freedom, 18 June 2012, was takeaway pizza and cheap red wine with a couple of the Wikileaks team and myself in a small flat in London, discussing possible trajectories of American politics for the coming decade. The next morning he walked into the Ecuadorian Embassy to claim political asylum; he hasn’t seen sunlight unguarded since.
I first met Julian in the Redmond Barry Physics Lecture Theatre ten years earlier, in 2002, on our first day at the University of Melbourne. The lecturer, the affable Professor Geoff Opat with curly hair and thick-rimmed glasses, in that first hour transformed the topic of ‘units’ — of length, time, and mass — into the powerful concept of ‘dimensional analysis’, a method of answering physics problems simply by determining the underlying units involved. It was a technique later applied to understanding structural opposition to government transparency.
Julian took two other subjects in addition to physics that first semester of 2002 — Advanced Maths and a first-year philosophy course titled “Critical Thinking — the Art of Reasoning”. We shared all three classes, but it was during a lunchtime discussion after the philosophy course, sitting on the sandstone steps of Melbourne Uni’s Old Quad, that I first heard him speak about the application of critical thinking to political questions.
He was working on a project he called ‘Rubberhose Cryptography’ — a method to allow anyone with valuable digital information to have “plausible deniability” of not having it if someone was standing behind them with a length of thick rubber hose.
Julian asked the question: if a journalist with leaked information stored on a USB thumb drive was being interrogated about its contents by a foreign intelligence agency, is there a way that cryptography could enable the journalist to not surrender it? Even if the intelligence agency were using a thick rubber hose to beat it out of them?
The answer, of course, is that agencies have varied means of extracting information that are almost always successful given enough time; rubber hoses are only a crude initial measure before more persuasive techniques can be employed. But Julian found that cryptography can have a role in supporting resistance. Rubberhose Cryptography formed the kernel of TrueCrypt — a program where folders on a drive can be protected by a password, but where the folders are themselves able to contain hidden folders which are only revealed by another password — but where (and here’s the kicker) there isn’t a way of determining whether all folders have been uncovered.
Such a program allows the possibility of “plausible deniability” — where a journalist could reveal one password to a small portion of sensitive information with it being plausible (and unverifiable) that that was all she had to reveal (even if the folder were hiding much larger amounts of sensitive information). Rubberhose and subsequently Truecrypt formed the basis of On-The-Fly-Encryption programs that are used by intelligence communities around the world to this day.
At the end of 2002 two things happened: the western world turned out for the largest protests in a generation against the War on Iraq, and the Melbourne Physics Students Society travelled to Ceduna in remote South Australia to witness the once-in-a-lifetime physical phenomena of a total solar eclipse that was to arc through that town in its brief traverse across Australia.
The protests brought millions of Australians from all walks of life and all political persuasions onto the streets across the country to protest against the tenuous link between Al-Qaeda and Iraq, Weapons of Mass Destruction, and the continuation of George H.W. Bush’s agenda by his son, aided willingly by Australia’s newly elected Prime Minister John Howard. The initial euphoria of protester solidarity would turn later to cynicism about regular civic engagement. If a million marching Australians couldn’t halt a nation going to an illegal war, what could? Julian and a handful of maths and physics students would later apply their freshly learnt skills in critical thinking to try to figure out an answer.
If the protests were undeniably worldly, the solar eclipse on the other hand was decidedly other-worldly. In a road-trip convoy organised by the Melbourne Uni Physics Students Society, thirty-odd university physics students bumped and farted their way from Parkville, across the Great Ocean Road, past Adelaide to the small country town of Ceduna, through which the eclipse’s ‘arc-of-totality’ would traverse.
Julian, myself and three other first-year students crammed into an old red Toyota Camry station-wagon, listening to a mix of 90s rock and Julian’s eclectic mix that introduced us to the tunes of Tom Lehrer, Monty Python (the Galaxy Song), and a quaint North American choir that sang about ‘Ampere’s Law of Electromagnetism’ which we had just found out we’d be studying in second year physics. We were a bunch of nerds on a summer roadtrip, having a blast.
A total eclipse is one of the sights of our planet — an all-too-fleeting study in stillness and a profound reminder that we really are all just ‘ghosts driving meat-covered skeletons made of stardust riding a rock hurtling through space.’
Both events were perhaps studies in the unalterable trajectories of structural movement that humans aren’t able to derail from their predetermined courses.
In 2004 Julian competed in the inaugural Australian National Physics Competition held at the ANU where I was now studying. He stayed with me with his girlfriend at the time, a mathematics PhD student at the ANU, and he mentioned that in addition to physics and maths he was learning neuroscience and the emerging empirical analytical tools being applied to explore the physiological underpinnings of consciousness, as well as exploring practical examples of cryptography for journalism.
In 2005 I received a broadcast email from him outlining the idea behind Wikileaks. It was clear even then that a revolutionary idea had been born.
Present-day analysis of Wikileaks often centres around political influence, Russia, Trump, Clinton and the 2016 US Presidential election. Articles about Julian typically centre around the Swedish allegations now cancelled, the geopolitics of his incarceration, the substance of the US Grand Jury indictments, or the legality of UK extradition.
But seldom do they focus on Julian’s idea behind Wikileaks — not just the leaks themselves and the changes they have swept before them, but the formidable concept of surveillance being applied to structural power. This article aims to help address this imbalance, providing some personal perspectives on Julian as a thinker, his motivation for harnessing the tools of cryptography for the strength of the fourth estate, and his profound achievements in shining light on structural influence in the 21st Century.
If the analysis of the possible UK extradition is what you’re after, the Open Letter from Lawyers for Assange is an excellent start: https://www.lawyersforassange.org/en/open-letter.html
For analysis of the steadily building Australian support, the Parliamentary Friends of Julian Assange led by Andrew Wilkie MP comprising 24 MPs (including Barnaby Joyce and George Christensen) has detailed information: https://www.assangecampaign.org.au/b...home-campaign/
This piece instead focuses on the concept of transparency being applied proportionally to structural power. And the battle is finally coming to a head. No longer can the discussion of Julian or Wikileaks hide behind anything other than the persecution of press freedom, and the fear of institutional unethical behaviour being exposed for what it is.
“To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day”Theodore Roosevelt wrote in his autobiography in 1913. One hundred years hence, the task is still before us.
Julian argued that the greatest achievement of Wikileaks isn’t the exposure of 15,000 unreported civilian deaths in Iraq. Nor the corruption in Kenya, India, Saudi Arabia, Pakistan, Yemen, and countless countries around the world. Nor the exposure of the Church of Scientology, or the British National Party, or Stephen Conroy’s Internet filter, or the behaviour of Barclays, Kaupthing and the Julius Baer Bank. Nor the documentation of generations of global political fealty to the US State Department. Nor the exposure of vast privatised surveillance across continents.
Instead, the greatest achievement of Wikileaks is to shine the spotlight of surveillance on those who wield structural power. To help make a world where people who do wrong in the public’s name, get found out. To make governments of the future pause before they commit to the unethical, illegal or unconstitutional. To make those who would commit acts of atrocity consider the possibility of future exposure. Who polices the police? It must be the policed.
“No longer a government by free opinion, no longer a government by conviction and the vote of the majority, but a government by the opinion and the duress of small groups of dominant men.”Wrote Woodrow Wilson, the 28th President of the United States of America, in 1914. But the nature of this domination has been obscured and forgotten over time, hidden and justified through the steady integration of business interests with the fabric of the national conversation.
Recent Australian examples of this integration include the former Minister for Defence Brendan Nelson allowing arms manufacturer sponsorship of the Australian War Memorial before accepting a position as Boeing advisor, the former Minister for Energy and Resources Martin Ferguson’s appointment as the Advisory Board Chair for the Australian Petroleum Production and Exploration Association, and former Prime Minister Tony Abbott being appointed as an Adviser to the UK’s Board of Trade.
It is a curious phenomena that whilst there is significant pushback in the setting up of a national Independent Commission Against Corruption in Australia, and unprecedented attacks on whistleblowers in all fields from the military to the corporate governance to finance, there is at the same time an extraordinary increase in surveillance of our own lives.
Edward Snowden, who revealed the astonishing global surveillance being conducted by the five-eyes intelligence alliance between the UK, US, Canada, NZ and Australia writes about this phenomena succinctly:
“Saying that you don’t believe in privacy because you have nothing to hide is like saying you don’t believe in free speech because you have nothing to say”.
Acceptance of surveillance means thinking that no one should ever have anything to legitimately hide from our government — not journalists, or judges, or politicians, or lovers, or children, or even the police themselves. Seven years after Snowden’s revelations, the US court of appeals for the ninth circuit determined the warrantless telephone dragnet program that secretly collected millions of Americans’ telephone records violated the US Foreign Intelligence Surveillance Act and may well have been unconstitutional.
Julian, Edward and the cypherpunk community more broadly argue that it isn’t love letters that should be surveilled, nor facebook posts, nor family phone calls, but the decisions to go to illegal wars, the conversations to negotiate free trade agreements that are anything but, the analysis that leads to foreign bases on Australian soil, and the billion dollar deals between governments and arms manufacturers for military equipment that we questionably need.
It is worth pausing to consider the equivalent surveillance we are under today, 40 years ago would have been:
Australia Post postmen steaming open our every envelope at the post office, photocopying it, keeping it on file (in case we commit a future crime), and resealing it for forwarding. Telecom Australia placing bugs on our phones and recording our every call. Every street-directory recording every direction you have ever searched for. Every shop assistant recording our every purchase, just in case a future intelligence agency would like to look at it.
All without judicial oversight.
Would we have allowed this in a world without the internet? Does our use of the internet mean we must resign to this surveillance? It needn’t be so. Certainly not without increased scrutiny of those who watch us, commit our men and women to war, and spend our taxes. Wikileaks provided a way to shove the pendulum of surveillance the other way.
Donald Rumsfeld confuddled us in 2002 about the “known knowns” — (things on Wikipedia), and the “known-unknowns” — (university research). But it’s the category of the “unknown knowns” that we don’t have visibility over and that society perhaps should. These are the things that some know but not all, restricted information meant to be hidden, and the things we have forgotten. A large portion of this information is concealed by classification and secrecy, or drowned through the torrent of commercial television. But it is lucky that we have institutions dedicated to exposing that information which is in the broader public good.
Wikileaks shouldn’t have been as revolutionary idea as it was. The role it plays is what journalism should do as a matter of course. That it created such a stir is a statement of the paucity of current media. But the idea behind Wikileaks is an idea that can’t be stopped. Most major news organisations have now each implemented their own version of Wikileaks’ ‘Secure Drop Box’ — digital equivalents of the ability to leave a grey envelope on a park bench. But whilst these techniques are new, the principles behind them are old:
“For whatever is hidden is meant to be disclosed, and whatever is concealed is meant to be brought out into the open.” – Mark 4:22In 2009, as I completed my PhD in physics at the Cavendish Laboratory at Cambridge, and Wikileaks released The Afghan War Diary and the Public Library of Democracy, I stayed with Julian at Ellingham Hall in Norfolk where he was under house arrest awaiting questioning from Swedish authorities on the accusations of two women.
A lack of transparency results in distrust and a deep sense of insecurity. – The 14th Dalai Lama
I’m not sure if I have any place as a man in discussing sexual misconduct allegations by a woman against a man. In the years hence I’ve had a daughter, accompanied by a growing awareness of the structural power of the patriarchy that this brings. But the statement of the UN Special Rapporteur on Torture, Prof Nils Melzer, Human Rights Chair at the Geneva Academy of International Humanitarian Law, should make us question whether other institutionalised power structures are at question:
“I have never seen a comparable case. Anyone can trigger a preliminary investigation against anyone else by simply going to the police and accusing the other person of a crime. The Swedish authorities, though, were never interested in testimony from Assange. They intentionally left him in limbo.”
“And of the complainant: while still in the police station, she wrote a text message to a friend saying that she didn’t want to incriminate Assange, that she just wanted him to take an HIV test, but the police were apparently interested in «getting their hands on him.» The police wrote down her statement and immediately informed public prosecutors. … two hours later, a headline appeared on the front page of Expressen, a Swedish tabloid, saying that Julian Assange was suspected of having committed two rapes.”
“I speak fluent Swedish and was thus able to read all of the original documents. I could hardly believe my eyes: According to the testimony of the woman in question, a rape had never even taken place at all. And not only that: The woman’s testimony was later changed by the Stockholm police without her involvement in order to somehow make it sound like a possible rape. I have all the documents in my possession, the emails, the text messages.” [1]
“In the end it finally dawned on me that I had been blinded by propaganda, and that Assange had been systematically slandered to divert attention from the crimes he exposed. Once he had been dehumanized through isolation, ridicule and shame, just like the witches we used to burn at the stake, it was easy to deprive him of his most fundamental rights without provoking public outrage worldwide.[2]
— UN Special Rapporteur on Torture, Professor Nils Melzer, Human Rights Chair at the Geneva Academy of International Humanitarian Law
The Swedish allegations have lapsed and have not been renewed. It is a shame for all involved that they will never be heard, for both the women and for Julian. The formal Agreed Facts of the Case and testimonies are available online if of interest [3], but Julian is now in custody for the sole reason that the USA has requested his extradition from the UK.
The Norfolk period of house arrest was painful for Julian; he was forced to wear a manacle around his ankle and report to the nearest police station every morning by 10am, but it wasn’t without its own restricted freedoms. In July 2011 he held his 40th birthday party at Ellingham Hall — my jazz band played music for it, and it was attended by many supporters of his, some famous, some secretive — all conscious of the grand struggle at play between a journalist determined to expose the ugly truths of structural power and the vast machinery of the US military.
We kept in touch through his house arrest, Embassy stay, and later through the Founding National Council of the Australian Wikileaks Party — the attempt to get Julian elected to the Australian Senate in 2013.
The attempt failed spectacularly, in no small part due to the difficulties in leading and organising a fledgling political party remotely (in the pre-COVID days before we all became used to Zoom meetings). But the story continued.
Julian moved from Ellingham, and the US government generated a Grand Jury indictment against him. On the morning of June 19 2012 Julian sought, and was granted, asylum in the Ecuadorian Embassy by President Rafael Correa, who was strongly supportive of Wikileaks’ work in exposing American influence in South America, and one of the more appreciative national leaders Julian interviewed in his TV series ‘The World Tomorrow’ whilst under house arrest.
But Correa’s term ended, and in his place was the new President Moreno, more sympathetic to USA demands for expelling Julian, perhaps related to the subsequent awarding of more than $4bn in multilateral aid from US affiliated institutions [4], or the role of Wikileaks in exposing the INA Papers that included details of Moreno’s secret accounts [5].
Julian’s diplomatic immunity was revoked by Ecuador on April 11 2019, and British police were invited into the Embassy where they arrested Julian on breaching the Bail Act, sentencing him to 50 weeks in prison. That same day, the United States government finally unsealed an indictment from the Eastern District of Virginia against Julian for alleged computer intrusion related to the leaks provided by Chelsea Manning. On 23 May 2019, the United States government further charged Julian with violating the Espionage Act of 1917, revealing the end game of the battle, and the true challenge to press-freedom of the world.
The aim of the Espionage Act is “to punish acts of interference with the foreign relations, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes.”
That an Australian journalist, publishing documents that reveal war crimes can be indicted on the US Espionage Act, whilst not on US soil, is a warning flag to the world. If Julian Assange and Wikileaks can be indicted under this act, so too can The Guardian, New York Times, and every media outlet that published any of the Wikileaks cables, or will publish any US document in the future.
Julian is Australia’s most internationally awarded journalist. Perhaps the world’s most awarded journalist of all time. Recipient of the 2011 Walkley Award for Most Outstanding Contribution to Journalism, 2008 The Economist New Media Award, 2009 Amnesty International UK Media Awards, 2010 Time Person of the Year, Reader’s Choice, 2010 Sam Adams Award, 2011 Sydney Peace Foundation Gold Medal, 2011, Martha Gellhorn Prize for Journalism, 2013 Yoko Ono Lennon Courage Award for the Arts, 2019 Gavin MacFadyen award, 2019 Catalan Dignity Prize, 2020 Stuttgart Peace Prize, and nominated seven times for the Nobel Peace Prize by members of European parliaments and past Nobel laureates.
The trial of Julian Assange places perhaps the world’s most decorated journalist against the most well-funded institution in the world. It will serve a test case for the might of structural power against press freedom. And it is likely structural power will win.
George Orwell once remarked: “the further a society drifts from the truth, the more it hates those who speak it.”
Julian will likely be extradited to the USA, and likely be convicted of either Conspiracy to Commit Computer Intrusion, or Espionage, or both. Perhaps he will be able to return to Australia to serve his sentence here if convicted — as suggested by former Attorney General Nicola Roxon in 2012 “should Mr Assange be convicted of any offence in the United States and a sentence of imprisonment imposed, he may apply for an international prisoner transfer to Australia” [6].
Support for Julian in Australia is steadily growing. The cross-party Parliamentary Group of MPs led by Andrew Wilkie has brought together 24 Federal MPs, including support against US extradition from participants as unexpected as George Christiansen and Barnaby Joyce:
“If a person commits a crime in another country while they are there, they should be judged by those laws. If a person is residing in Australia and commits a crime in another country, I don’t believe that that is a position for extradition, If they weren’t actually there, if they weren’t present there, that is a question for Australian law.”
- Barnaby Joyce [7]
The petition to free Julian, penned by Phillip Adams, is the third largest petition to be ever have been tabled in the Australian Parliament with over 500,000 signatories.[8]
But whilst we can write to our MPs and sign the petition, it is unlikely that this will stop the extraordinary legal precedent being established of the extradition and subsequent conviction of a non-American journalist to the USA for exposing USA war crimes.
Once extradited, it is likely that Julian will be found guilty by the United States District Court for the Eastern District of Virginia on the crime of “Conspiracy to Commit Computer Intrusion” and perhaps also Espionage, an act that would place every woman, child and man in western society under USA extraterritorial authoritarian rule.
The story of Julian, alongside the incredible and ongoing bravery of Chelsea Manning and Edward Snowden, are the stories of our generation. And we must not forget these personal sacrifices for our collective freedom.
Sign the petition, contact your MP in Australia or the UK if you’ve the time and energy to do so, but perhaps most effectively, share a moment of sorrow when a defender of human rights and press freedom is successfully silenced by the might of structural power.
“Most people, in the end, choose to lead safe, comfortable lives. We’re not interested in putting ourselves in the line of fire. Yet we owe a great debt to those people who do.”- Mary Kostakidis
The truth shall set you free.– John 8:32
Dr Niraj Lal is a physicist and author based in Melbourne.
w: nirajlal.org | t: nirajnlal
REFERENCES
[1] https://consortiumnews.com/2020/02/1...e-press-award/
[2] https://medium.com/@njmelzer/demaski...e-b252ffdcb768
[3] https://www.scribd.com/document/8091...s-Assange-Case
[4] https://www.reuters.com/article/us-e...-idUSKCN1QA05Z
[5] https://www.washingtonpost.com/world...oured-assange/
[6] https://www.smh.com.au/politics/fede...620-20npj.html
[7] https://www.assangecampaign.org.au/b...home-campaign/
[8] https://www.change.org/p/free-julian...sa-extradition
[9] http://www.wikileaksparty.org.au/why...kileaks-party/
[10] https://www.smh.com.au/national/love...02-p53g1q.html
Here, a small gesture of support for Craig Murray and his sterling efforts shared with him and the wider Twitter community:
Your Man in the Public Gallery: Assange Hearing Day 9
September 15, 2020 in Uncategorized by craig
Things became not merely dramatic in the Assange courtroom today, but spiteful and nasty. There were two real issues, the evidence and the procedure. On the evidence, there were stark details of the dreadful regime Assange will face in US jails if extradited. On the procedure, we saw behaviour from the prosecution QC that went well beyond normal cross examination and was a real attempt to denigrate and even humiliate the witness. I hope to prove that to you by a straightforward exposition of what happened today in court, after which I shall add further comment.
Today’s witness was Eric Lewis. A practising US attorney for 35 years, Eric Lewis has a doctorate in law from Yale and a masters in criminology from Cambridge. He is former professor in law at Georgetown University, an elected member of both the American Law Institute and the Council on Foreign Relations and a fellow of the American Bar Foundation. He is Chairman of Reprieve. He has represented high profile clients in national security and terrorism cases, including Seymour Hersh and Guantanamo Bay internees.
Lewis had submitted five statements to the court, between October 2019 and August 2020, addressing the ever changing indictments and charges brought by the prosecution. He was initially led through the permitted brief half hour summary of his statements by defence QC Edward Fitzgerald. (I am told I am not currently allowed to publish the defence statements or links to them. I shall try to clarify this tomorrow).
Eric Lewis testified that no publisher had ever been successfully prosecuted for publishing national security information in the USA. Following the Wikileaks publications including the diplomatic cables and the Iraq and Afghanistan war logs, Assange had not been prosecuted because the First Amendment was considered insuperable and because of the New York Times problem – there was no way just to prosecute Assange without prosecuting the New York Times for publishing the same material. The New York Times had successfully plead the First Amendment for its publication of the Pentagon Papers, which had been upheld in a landmark Supreme Court judgement.
Lewis here gave evidence that mirrored that already reported of Prof Feldstein, Trevor Timm and Prof Rogers, so I shall not repeat all of it. He said that credible sources had stated the Obama administration had decided not to prosecute Assange, notably Matthew Miller, a highly respected Justice Department figure who had been close to Attorney General Holder and would have been unlikely to brief the media without Holder’s knowledge and approval.
Eric Lewis than gave testimony on the change of policy towards prosecuting Assange from the Trump administration. Again this mostly mirrored the earlier witnesses. He added detail of Mike Pompeo stating the the free speech argument for Wikileaks was “a perversion of what our great country stands for”, and claiming that the First Amendment did not apply to foreigners.
Attorney General Sessions had accordingly stated that it was “a priority for the Justice Department” to arrest Julian Assange. He had pressured prosecutors in the Eastern District of Virginia to bring a case. In December 2017 an arrest warrant had been issued, with the indictment to be filled in later. The first indictment of a single count had been launched in March 2018, its timing possibly dictated by a limitation deadline.
In May 2019 a new superseding indictment increased the counts from one to eighteen, seventeen of which related to espionage. This tougher stance followed the appointment of William Barr as Attorney General just four months previously. The plain intention of the first superseding indictment was to get round the New York Times problem by trying to differentiate Assange’s actions with Manning from those of other journalists. It showed that the Justice Department was very serious and very aggressive in acting on the statements of Trump administration officials. Barr was plainly acting at the behest of Trump. This represented a clear abuse of the criminal enforcement power of the state.
The prosecution of a publisher in this way was unprecedented. Yet the facts were the same in 2018 as they had been in 2012 and 13; there was no new evidence behind the decision to prosecute. Crucially, the affidavits of US Assistant Attorney Gordon Kromberg present no legal basis for the taking of a different decision to that of 2013. There is no explanation of why the dossier was lying around with no action for five or six years.
The Trump administration had in fact taken a different political decision through the Presidential spokesperson Sarah Sanders who had boasted that only this administration had acted against Assange and “taken this process seriously”.
Edward Fitzgerald QC then turned to the question of probable sentencing and led Lewis through his evidence on this point. Eric Lewis confirmed that if Julian Assange were convicted he could very probably spend the rest of his life in prison. The charges had not been pleaded as one count, which it had been open to the prosecution to do. The judge would have discretion to sentence the counts either concurrently or consecutively. Under current sentencing guidelines, Assange’s sentence if convicted could range from “best case” 20 years to a maximum of 175 years. It was disingenuous of Gordon Kromberg to suggest a minimal sentence, given that Chelsea Manning had been sentenced to 35 years and the prosecution had requested 60.
It had been a government choice to charge the alleged offences as espionage. The history of espionage convictions in the USA had generally resulted in whole life sentences. 20 to 30 years had been lighter sentences for espionage. The multiple charges approach of the indictment showed a government intention to obtain a very lengthy sentence. Of course the final decision would lay with the judge, but it would be decades.
Edward Fitzgerald then led on to the question of detention conditions. On the question of remand, Gordon Kromberg had agreed that Julian Assange would be placed in the Alexandria City Jail, and there was a “risk” that he would be held there under Special Administrative Measures. In fact this was a near certainty. Assange faced serious charges related to national security, and had seen millions of items of classified information which the authorities would be concerned he might pass on to other prisoners. He would be subject to Special Administrative Measures both pre and post conviction.
After conviction Julian Assange would be held in the supermax prison ADX Florence, Colorado. There were at least four national security prisoners currently there in the H block. Under SAMS Assange would be kept in a small cell for 22 or 23 hours a day and not allowed to meet any other prisoners. He would be allowed out once a day for brief exercise or recreation excluded from other prisoners, but shackled.
Fitzgerald then led Lewis to the 2017 decision by the International Criminal Court to open an investigation into war crimes in Afghanistan, in which the evidence provided by the Wikileaks release of US war logs and diplomatic cables provided essential evidence. This had been denounced by Trump, John Bolton and Pompeo. The ICC prosecutor’s US visa had been canceled to hinder his investigation. An Executive Order had been issued imposing financial sanctions and blocking the banking access of any non US national who assisted the ICC investigation into crimes alleged against any US citizen. This would affect Julian Assange.
At this point, the half hour guillotine imposed by judge Baraitser on defence evidence came down. Fitzgerald pointed out they had not even reached the second superseding indictment yet, but Baraitser said that if the prosecution addressed that in cross examination, then the defence could question on it in re-examination.
James Lewis QC then rose to cross examine Eric Lewis. Yet again, he adopted an extremely aggressive tone. This is perhaps best conveyed as a dialogue.
NB this is not a precise transcript. It would be illegal for me to publish a transcript (of a “public” court hearing; fascinating but true). This is condensed and slightly paraphrased. It is I believe a fair and balanced representation of what happened, but not a verbatim record.
Eric Lewis was appearing by videolink and it should be borne in mind that he was doing so at 5am his time.
James Lewis QC Are you retained as a lawyer by Mr Assange in any way?At this point there was a break. James Lewis QC used it forcefully to complain to Baraitser about the four hour limit set on his cross-examination of Eric Lewis. He said that so far he had only got through one and a half pages of his questions, and that Eric Lewis refused to give yes or no answers but instead insisted on giving lengthy explanations. James Lewis QC was plainly extremely needled by Eric Lewis’ explanations of “unlimited visiting time” and “no solitary confinement”. He complained that Baraitser was “failing to control the witness”.
Eric Lewis No.
James Lewis QC Are you being paid for your evidence?
Eric Lewis Yes, as an expert witness. At a legal aid rate.
James Lewis QC Are you being paid for your appearance in this court?
Eric Lewis We haven’t specifically discussed that. I assume so.
James Lewis QC How much are you being paid?
Eric Lewis £100 per hour, approximately
James Lewis QC How much have you charged in total?
Eric Lewis I don’t know, haven’t worked it out yet.
James Lewis QC Are you aware of the rules governing expert witnesses?
Eric Lewis Yes, I am. I must state my qualifications and my duty is to the court; I have to give an objective and unbiased view.
James Lewis QC You are also supposed to set out alternative views. Where have you set out the arguments in Mr Kromberg’s five affidavits?
Eric Lewis The court has Mr Kromberg’s affidavits. I address his arguments directly in my statements. Are you saying that I should have repeated his affidavits and all the other evidence in my statements? My statements would have been thousands of pages long.
James Lewis QC You are supposed to be unbiased. But you had previously given views that Mr Assange should not be extradited.
Eric Lewis Yes, I published an article to that effect.
James Lewis QC You also gave an interview to an Australian radio station.
Eric Lewis Yes, but both of those were before I was retained as an expert witness in this case.
James Lewis QC Does this not create a conflict of interest?
Eric Lewis No, I can do an objective analysis setting aside any prejudice. Lawyers are used to such situations.
James Lewis QC Why had you not declared these media appearances as an interest?
Eric Lewis I did not think perfectly open actions and information needed to be declared.
James Lewis QC It would be much better if we were not forced to dig out this information. You give opinions on law. You also give opinions on penal conditions. Are you an expert witness?
Eric Lewis I am very familiar with prison conditions. I visit prisons. I studied criminology at Cambridge. I keep up to date with penology. I have taught aspects of it at university.
James Lewis QC Are you a qualified penologist?
Eric Lewis I think I have explained my qualification
James Lewis QC Can you point us to peer reviewed articles which you have published on prison conditions?
Eric Lewis No.
James Lewis QC Have you visited ADX Colorado?
Eric Lewis No, but I have had a professional relationship with a client in there.
James Lewis QC Have you represented anyone in Alexandra Detention Centre?
Eric Lewis Yes, one person, Abu Qatada.
James Lewis QC So you have no expertise in prisons?
Eric Lewis I have visited extensively in prisons and observed prison conditions. I have read widely and in detail on the subject.
James Lewis QC Abu Qatada was acquitted of 14 of the 18 charges against him. Was that not acquittal by the same jury pool that would try Julian Assange?
Eric Lewis No. That was Colombia, not Eastern Virginia. Very different jury pools.
James Lewis QC The prosecutors withdrew capital charges. You said that was a courageous but correct decision?
Eric Lewis Yes.
James Lewis QC So what was Qatada’s sentence and what was the maximum?
Eric Lewis The government asked for life but to my mind that was not legal for the charges on which he was convicted. He got 22 years. That was much criticised as harsh for those charges.
James Lewis QC Was the Abu Qatada trial a denial of justice?
Eric Lewis No
James Lewis QC Abu Qatada was held under Special Administrative Measures. Did that prevent you from spending many hours with him?
Eric Lewis No, but it made it extremely difficult. The many hours were spread out over a long period. That is why remand lasted for three years.
James Lewis QC Were your meetings with him monitored?
Eric Lewis Yes.
James Lewis QC But not by the prosecution.
Eric Lewis It was all recorded by the authorities. We were told that nothing would be passed to the prosecution. But from many other reports I am not convinced that is true.
James Lewis QC What jury pool was Zacarias Moussaoui convicted by?
Eric Lewis He was not convicted by a jury. He plead guilty.
James Lewis QC But the jury decided against the death penalty.
Eric Lewis Yes.
James Lewis QC What about Maria Butina? She was charged with being an agent of the Russian Federation but received a light sentence?
Eric Lewis That was a very weird case. She did no more than cultivate some figures in the National Rifle Association. She was sentenced to time served.
James Lewis QC But she only got 18 months when the maximum was 20 years?
Eric Lewis Yes. It was not a comparable case, and it was a plea deal.
James Lewis QC You have addressed prison conditions because the defence argue that Article 3 of the European Convention on Human Rights will be breached. You consider the case of Babar Ahmed. You state that it is “almost certain” that Julian Assange will be subject to administrative segregation. What is the procedure for administrative segregation?
Eric Lewis The bureau president will decide depending upon various factors including security risk, threat to national security, threat to other prisoners, seriousness of the charge. My experience is that national security charged prisoners go straight into administrative segregation.
James Lewis QC (very aggressive) What are you reading?
Eric Lewis Pardon?
James Lewis QC You are reading something there. What is it?
Eric Lewis It is my witness statement. (Holds it up). Is that not OK?
James Lewis QC That is alright. I thought it was something else. How many categories of administrative detention are there?
Eric Lewis I just went through the main ones. National security, serious charge, threat to other prisoners.
James Lewis QC You do not know the categories. They are (reels off a long list including national security, serious charge, threat to others, threat to self, medical custody, protective custody and several more). Do you agree there is no solitary confinement in administrative segregation and Special Administrative Measures?
Eric Lewis No
James Lewis QC US Assistant Attorney Kromberg states in his affidavit that there is no solitary confinement
Eric Lewis It is solitary confinement other than in the vernacular of the US prison service
James Lewis QC In that case it is also not solitary confinement in the vernacular of the English High Court, which has accepted there is no solitary confinement
Eric Lewis It is solitary confinement. When you are kept in a tiny cell for 23 hours a day and allowed no contact with the rest of the prison population even during the one hour you are allowed out, that is solitary confinement. The attempt to deny it is semantic.
James Lewis QC Was Abu Qatada in solitary confinement? When he was permitted unlimited legal visits?
Eric Lewis They were not unlimited. In reality there were practical and logistical obstacles. There was a single room that could be used, for the entire prison population. You had to get a booking for that one room. You had to book translation services. The FBI oversaw the visits and listened in. Now with Covid there are no visits at all. Theoretically visits are “unlimited” but in practice you do not get nearly as much time with your client as you need.
James Lewis QC You said that he would be held in solitary confinement. But is it not true that even prisoners under SAMs get a break schedule?
Eric Lewis There is a break schedule but it requires no other prisoner to be in the communal areas to have contact with the prisoner under SAM. So in practice the “one hour break” would typically be scheduled between 3am and 4am. Not many prisoners wanted to get out of bed at 3am to walk around a cold and empty communal area.
It was plain that James Lewis’ real aim was not to get more time, but to get Baraitser to curtail Eric Lewis’s inconvenient answers. It is of course amazing that he was complaining about four hours when the defence had been limited to half an hour and had not even been permitted to get to the latest superseding indictment.
Baraitser, to her credit, replied that it was not for her to control the witness, who must be free to give his evidence so long as it was relevant, which it was. It was a question of fairness not of control. James Lewis was asking open or general questions.
James Lewis responded that the witness refused to give binary answers. Therefore his cross examination must be longer than four hours. He became very heated and told Baraitser that never in his entire career had he been subject to a guillotine on cross examination, and that this “would not happen in a real court”. He very definitely said that. “This would not happen in a real court”. I have of course been arguing all along that this is not a genuine process. I did not expect to hear that from James Lewis QC, though I think his intention was just to bully Baraitser, which was confirmed by Lewis going on to state he had never heard of such a guillotine in his capacity of “High Court Judge”. I find that Lewis is listed as “deputy high court judge”, which I think is like being 12th man at cricket, or Gareth Bale.
Baraitser only conceded very slight ground under this onslaught, saying she had never used the word guillotine, that the timings had been agreed between parties, and she expected them to stick to them. James Lewis said it was impossible in that way adequately to represent his client (the US government). He said he felt “stressed”, which for once seemed true, he had gone purple. Baraitser said he should try his best to stick to the four hours. He fumed away (though at a later stage apologised to Baraitser for his “intemperate language”).
James Lewis QC’s touting for business webpage describes him as “the Rolls Royce of advocates”. I suppose that is true, in the sense of foreign owned. Yet here he was before us, blowing a gasket, not getting anywhere, emitting fumes and resembling a particularly unloved Trabant.
Cross-examination of Eric Lewis resumed. James Lewis QC started by reiterating the criteria and categories for Administrative Segregation after conviction (as opposed to pre-trial). Then we got back into questioning.
James Lewis QC Gordon Kromberg states that there is no solitary confinement in ADX Colorado.
Eric Lewis Again this is semantic. There is solitary confinement.
James Lewis QC But there is an entitlement to participate in three programmes a week
Eric Lewis Not in Special Administrative Measures
James Lewis QC But which of the criteria for Special Administrative Measures might Julian assange fall into?
Eric Lewis Criteria 2, 4 and 5, at least.
James Lewis QC Can we agree there is a formal procedure?
Eric Lewis Yes, but not worth the name.
James Lewis Your opinion is based on one single client in ADX Colorado
Eric Lewis Yes, but the system is essentially the same as other supermaxes
James Lewis At para 14 of your report you state that the system lacks procedural rights, and is tantamount to solitary confinement. Had you read the European Court of Human Rights judgement on Barbar Ahmed when you wrote this.
Eric Lewis Yes
James Lewis That judgement specifically rejects the same claims you make.
James Lewis QC refers to a number of paragraphs in the original UK District court decision in the case of Babar Ahmad. Eric Lewis asks for more time to find the document as “I only received these documents from the court this morning”.
James Lewis QC But Mr Lewis, you have testified on oath that you had read the Babar Ahmad judgement.Eric Lewis replied that he disagreed that would be true in this case. SAM’s could be applied without procedure, by the US Attorney-General, and William Barr would do that in this case, on the basis of statements by Trump and Gina Haspel. In practice, SAMs had never been overturned whatever the claimed procedure. Eric Lewis did not agree they were not arbitrary.
Eric Lewis I have read the final judgement of the European Court of Human Rights. I had not read all the judgements from lower courts. I received them from the court his morning.
James Lewis QC The senior district judge ruled that although Special Administrative Measures were a concern, they did not preclude extradition. There were various safeguards to SAMs. For example although attorney/client conversations were monitored, that was only for the purpose of preventing terrorism and the FBI did not pass on the recordings to the prosecution. The judge rejected the idea that SAMs amounted to solitary confinement. The High Court upheld the District judge’s ruling and the House of Lords rejected Babar Ahmad’s application to appeal. In its ruling on admissibility of the case, the European Court of Human Rights considered six affidavits from US attorneys very similar to that submitted by Eric Lewis in this case. This included the affirmations that it would be “virtually certain” that Babar Ahmad would be subject to SAMs, and that these would interfere directly with the right to a fair trial, and would constitute cruel and degrading treatment. The ECHR found in relation to pre-trial detention that these allegations were wrong in the Babar Ahmad case.
Eric Lewis But that was a terrorism case, not a national security case. SAMs apply differently in national security cases. This is about a million classified documents. Different cases had to be considered each on their merits.
James Lewis QC In the Babar Ahmad case, the defence submissions were that the regime was harsh, amounted to solitary confinement nearly 24 hours a day, with one phone call every two weeks and one family visit a month. Is that not almost identical to your evidence here?
Eric Lewis Each case must be considered on its merits. There are key differences. Assange is charged with espionage not terrorism, and possession of classified intelligence is a factor. Mental health issues are also different. Under SAMS there is no intenet access and no access to any news source. Only approved reading material is allowed. These would be particularly hard for Assange.
James Lewis QC But the Babar Ahmad case does specifically deal with mental health issues, between Babar and co-defendants these include clinical depression, suicide risk and Asperger’s. The court agreed that SAM’s would be likely to be applied both before and after trial. But it ruled that the American government had good reasons for imposing SAMs, were entitled to do so, and that there was a clear and non-arbitrary procedure for implementing them.
There now followed an episode where James Lewis QC successfully tripped up Eric Lewis by quoting a passage from an Ahmad case judgement and then confusing him as to whether it was from the final ECHR judgement, which Eric Lewis had read, or from an earlier English court judgement or the ECHR prior judgement on admissibility, which he had not.
James Lewis QC So the ECHR viewed the argument that the SAM regime in pre-trial detention breaches Article 3 as ill-founded and inadmissible. Do you agree with the European Court of Human Rights?James Lewis QC’s conduct was very strange. It really is not normal courtroom behaviour. Were there a jury, they would completely have written him off now as rude and obnoxious, and even Baraitser finally seems to have found her limit of being pushed around by the prosecution. Eric Lewis is obviously a very distinguished man and a lawyer with immense experience of the US system. Trying to claim he has no expertise because he is not a psychiatrist or an academic in penology is no more than a shoddy trick, performed in a manner designed to humiliate.
Eric Lewis They found that in the Babar Ahmad admissibility decision in 2008. New information and evidence and changes to the regime since then might change that view.
James Lewis QC What are the defence issues that Assange will raise that you say makes proper consultation under the SAM regime impossible?
Eric Lewis Well I don’t know the precise details of what his defence will be but…
James Lewis QC [interrupting] Well how can you possibly know what the issues will be if you do not know the case?
Eric Lewis Because I have read the indictment. The issues are very wide ranging indeed and involve national security documents.
James Lewis QC But you don’t know what defence at all will be put forward, so how can you opine?
Eric Lewis The charges themselves give a fair idea what might be covered
James Lewis QC Turning to the Babar Ahmad final judgement on post trial incarceration at ADX Colorado. Have you read this (sarcastic emphasis) judgement? Of 210,307 federal prisoners, only 41 of these had SAMs. 27 were in ADX Colorado.
Eric Lewis The Warden of ADX Colorado himself had stated that it was “not fit for humanity” and “a fate worse than death”.
James Lewis QC The ECHR said that SAMS was subject to oversight by independent authorities who looked after the interests of prisoners and could intervene.
Eric Lewis Since that ECHR judgement, a new US judgement had stated that prisoners have no Fifth Amendment right to appeal against the conditions of their incarceration.
James Lewis QC The ECHR found that the US prison authorities took cognisance of a prisoner’s mental state in relation to SAM measures
Eric Lewis Things have also moved on there since 2012. He referenced details from his written evidence.
James Lewis QC The ECHR also found that “the isolation experienced by ADX inmates is partial and relative. The court notes that their psychiatric conditions have not prevented their high security detention in the United Kingdom.” Do you accept that in 2012 the ECHR made a thorough finding?
Eric Lewis Yes, on the basis of what they knew in 2012, but much more information is now available. And there are specific reasons to doubt Mr William Barr’s impartiality.
James Lewis QC You say that Mr Assange will not receive adequate healthcare in a US prison. Are you a medical expert?
Eric Lewis No
James Lewis QC Do you hold any medical qualification?
Eric Lewis No
James Lewis QC What published statement gives the policy of the Bureau of Prisons on Mental Health?
Eric Lewis I was relying on the published statement of the US Inspector of Prisons and the study by Yale Law School of mental health in US prisons. The US Bureau of Prisons states that 48% of prisoners have serious mental health problems but only 3% receive any treatment. The provision for mental healthcare in jails has been cut every year for a decade. Suicides in jail are increasing by 18% a year.
James Lewis QC Have you read “The Treatment and Care of Prisoners with Mental Illness” by the US Department of Health?
Eric Lewis Yes.
James Lewis QC You purport to be an expert. Without looking it up what year was it published? You don’t know, do you?
Eric Lewis Could you be courteous. I have been courteous to you. Can you refer me to a relevant question?
James Lewis QC The policy has had eight changes since 2014. Can you list them?
Eric Lewis I am trying to testify on my experience and my knowledge in dealing with these questions on behalf of the may clients I have represented. If you are asking me am I a prison psychiatrist, I am not.
James Lewis QC Do you know the specific changes made since 2014 or not?
Eric Lewis I know that there were new regulations stipulating 1 mental health professional for every 500 inmates and guidelines for an increase in accessility, but I also know those have not in fact been implemented due to lack of resources.
James Lewis QC (smirking) How many levels of psychiatric assessment are there? What is level number three? What are you reading? You are reading! What are you reading! What are you reading! [Yes, this is not a mistake. He did pull this stunt again]
Eric Lewis I am looking at my own witness statement (shows it to camera).
James Lewis QC You are not a genuine expert witness you have no expertise in these matters. As you are being paid to give evidence and are not an expert, that is something the court will have to take account in deciding what weight, if any at all, to give to your evidence.
The asking for the precise title of one particular Department of Health Pamphlet or for a specific point in it, as though that were a way of invalidating all that Eric Lewis knows, is so transparently invalid as a test of worth that I am astonished Baraitser let James Lewis pursue it, let alone the histrionic accusations about “reading”. This was really hard to sit through silently for me; goodness knows what it was like for Julian.
The mainstream media are turning a blind eye. There were three reporters in the press gallery, one of them an intern and one representing the NUJ. Public access continues to be restricted and major NGOs, including Amnesty, PEN and Reporters Without Borders, continue to be excluded both physically and from watching online. It has taken me literally all night to write this up – it is now 8.54am – and I have to finish off and get back into court. The six of us allowed in the public gallery, incidentally, have to climb 132 steps to get there, several times a day. As you know, I have a very dodgy ticker; I am with Julian’s dad John who is 78; and another of us has a pacemaker.
I do not in the least discount the gallant efforts of others when I explain that I feel obliged to write this up, and in this detail, because otherwise the vital basic facts of the most important trial this century, and how it is being conducted, would pass almost completely unknown to the public. If it were a genuine process, they would want people to see it, not completely minimise attendance both physically and online.
A report from this morning's proceedings by The Assange Court Report
Assange Court Report September 15: Morning
Trump wants Assange jailed and kept quiet, court told.
A witness at the Julian Assange extradition case in London has testified that the prosecution of Julian Assange is part of a Donald Trump effort to distract attention from the help WikiLeaks gave him during the election, “He wants to put Assange in jail and keep him quiet,” he told the court.
Eric Lewis, a US attorney, was giving his third day of evidence in the case, which has been marred by numerous technical issues with his trans-Atlantic video link.
The lawyer testified that he believed political pressure was put on US district attorneys to prosecute Assange, citing a New York Times article which quotes a “senior official,” saying just that. Asked if US prosecutors were not immune to political pressure, he read out a quote from President Trump, “I can do what I want with the Justice Department,” adding that current US Attorney General, Bill Barr, saw himself as “the hand of the President.”
Lewis told the court that “all the facts were out there by 2012,” no-one has ever said that the facts had changed, yet the Trump administration suddenly decided to prosecute.
Asked by the prosecutor what qualifications he had in political affairs to make this statement, the witness replied that he has a degree in Public and International Affairs from Princeton University.
Before being cross-examined by his namesake, James Lewis QC, who is acting for US government, the witness cleared up the mystery of why his feed was interrupted yesterday by an apparent clip from US Fox news suddenly appearing on the screen, which had led to social media claims that he had been hacked. The witness explained that he had been trying to access a document on his own computer and the clip had been embedded in it and had accidentally played.
The prosecutor took issue with the witness’s earlier testimony that Mr Assange faced 175 years in prison if extradited to the United States on espionage charges over publishing classified government documents on the website he founded, WikiLeaks.
The prosecution suggested that only a tiny percentage of offenders in America received the statutory maximum sentence, quoting US government sentencing guidelines in their support.
They also cited the case of a former CIA agent, Jeffrey Sterling, an American lawyer and former CIA employee who was arrested, charged, and convicted of violating the Espionage Act for revealing details about an “Operation Merlin,” to journalist James Risen. Sterling, the prosecution said, had faced a sentence of 130 years, but after his conviction was only jailed for 42 months. Lewis replied, “But there has never been a case like this.”
The prosecution then moved onto to the issue of freedom of speech and national security, arguing that there were certain pieces of information that if leaked could jeopardise the security of the nation, Lewis replied that this applied to issues like publishing the date troop ships would be leaving port in wartime, but none of this applied to the actual information released by Wikileaks which, he said, exposed war crimes in both Iraq and Afghanistan.
He said the reason the Obama administration had decided not to prosecute Assange was what he called the New York Times problem, the Justice Department then had concluded that there was no way to prosecute him for publishing classified information without the same theory being applied to many other journalists. However, he said, the Trump administration had ignored this in a rush to prosecute Assange.
The witness also told the court that, if extradited, Mr Assange could face up to three years on remand before even facing a US court.
The trial continues.
Follow us on Twitter for live updates on the proceedings: @bridges4media
He's come a long way baby.Quote:
Posted by Tintin
What am I supposed to think now, when I see he's campaigning on being the champion of "The Forgotten Man"...
Really?
BEHIND THE DYSTOPIAN SHOW TRIAL OF JULIAN ASSANGE, AN ASSAULT ON JOURNALISM - WITH KEVIN GOSZTOLA
13 SEPTEMBER 2020
https://moderaterebels.com/show-tria...evin-gosztola/
"Max Blumenthal and Ben Norton speak about the dystopian show trial going on against political prisoner Julian Assange with journalist Kevin Gosztola, who is covering the UK court hearings to potentially extradite the WikiLeaks publisher to the US.
We discuss the major threat this case poses to the freedom of the press — yet how it is being criminally under-reported and whitewashed in the corporate media.
(Episode recorded on September 11, 2020)
Quote:
Behind the dystopian show trial of Julian Assange, an assault on journalism - with Kevin Gosztola
11,863 views•Sep 13, 2020
Moderate Rebels
20.5K subscribers
Max Blumenthal and Ben Norton speak about the dystopian show trial going on against political prisoner Julian Assange with journalist Kevin Gosztola, who is covering the UK court hearings to potentially extradite the WikiLeaks publisher to the US.
We discuss the major threat this case poses to the freedom of the press -- yet how it is being criminally under-reported and whitewashed in the corporate media.
Audio: https://soundcloud.com/moderaterebel...kevin-gosztola
Links and show notes
Read Kevin’s reporting at shadowproof.com
Follow Kevin on Twitter at twitter.com/kgosztola
Max’s report “‘The American friends’: New court files expose Sheldon Adelson’s security team in US spy operation against Julian Assange” at The Grayzone
Max’s report “Exclusive images from inside British court expose Assange’s un-democratic treatment, physical deterioration” at The Grayzone "
Max Blumenthal: The CIA/Assange Spy Shocker They're Not Reporting
28,960 views•Premiered Sep 20, 2020
The Zero Hour with RJ Eskow
40K subscribers
The US is using the Guardian to justify jailing Assange for life. Why is the paper so silent?
22 September 2020
by Jonathan Cook
https://www.jonathan-cook.net/blog/2...assange-trial/
"Julian Assange is not on trial simply for his liberty and his life. He is fighting for the right of every journalist to do hard-hitting investigative journalism without fear of arrest and extradition to the United States. Assange faces 175 years in a US super-max prison on the basis of claims by Donald Trump’s administration that his exposure of US war crimes in Iraq and Afghanistan amounts to “espionage”.
The charges against Assange rewrite the meaning of “espionage” in unmistakably dangerous ways. Publishing evidence of state crimes, as Assange’s Wikileaks organisation has done, is covered by both free speech and public interest defences. Publishing evidence furnished by whistleblowers is at the heart of any journalism that aspires to hold power to account and in check. Whistleblowers typically emerge in reaction to parts of the executive turning rogue, when the state itself starts breaking its own laws. That is why journalism is protected in the US by the First Amendment. Jettison that and one can no longer claim to live in a free society.
Aware that journalists might understand this threat and rally in solidarity with Assange, US officials initially pretended that they were not seeking to prosecute the Wikileaks founder for journalism – in fact, they denied he was a journalist. That was why they preferred to charge him under the arcane, highly repressive Espionage Act of 1917. The goal was to isolate Assange and persuade other journalists that they would not share his fate.
Assange explained this US strategy way back in 2011, in a fascinating interview he gave to Australian journalist Mark Davis that has recently been made available. (The relevant section occurs from minute 24 to 43.) This was when the Obama administration first began seeking a way to distinguish Assange from liberal media organisations, such as the New York Times and Guardian that had been working with him, so that only he would be charged with espionage.
Assange warned then that the New York Times and its editor Bill Keller had already set a terrible precedent on legitimising the administration’s redefinition of espionage by assuring the Justice Department – falsely, as it happens – that they had been simply passive recipients of Wikileaks’ documents. Assange noted (40.00 mins):
If I am a conspirator to commit espionage, then all these other media organisations and the principal journalists in them are also conspirators to commit espionage. What needs to be done is to have a united face in this.
During the course of the current extradition hearings, US officials have found it much harder to make plausible this distinction principle than they may have assumed.
Journalism is an activity, and anyone who regularly engages in that activity qualifies as a journalist. It is not the same as being a doctor or a lawyer, where you need a specific professional qualification to practice. You are a journalist if you do journalism – and you are an investigative journalist if, like Assange, you publish information the powerful want concealed. Which is why in the current extradition hearings at the Old Bailey in London, the arguments made by lawyers for the US that Assange is not a journalist but rather someone engaged in espionage are coming unstuck.
My dictionary defines “espionage” as “the practice of spying or of using spies, typically by governments to obtain political and military information”. A spy is defined as someone who “secretly obtains information on an enemy or competitor”.Quote:
Jonathan Cook
@Jonathan_K_Cook
Corporate journalists have barely bothered to cover Assange's trial. But while they doze, the US has changed its argument, as ex-ambassador Craig Murray reports. Now the US is threatening to lock up other journalists for espionage if they expose its crimes
Your Man in the Public Gallery: Assange Hearing Day 10
The gloves were off on Tuesday as the US Government explicitly argued that all journalists are liable to prosecution under the Espionage Act (1917) for publishing classified information, citing the Ro
craigmurray.org.uk
6:10 AM · Sep 16, 2020
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Very obviously the work of Wikileaks, a transparency organisation, is not secret. By publishing the Afghan and Iraq war diaries, Wikileaks exposed crimes the United States wished to keep secret.
Assange did not help a rival state to gain an advantage, he helped all of us become better informed about the crimes our own states commit in our names. He is on trial not because he traded in secrets, but because he blew up the business of secrets – the very kind of secrets that have enabled the west to pursue permanent, resource-grabbing wars and are pushing our species to the verge of extinction.
In other words, Assange was doing exactly what journalists claim to do every day in a democracy: monitor power for the public good. Which is why ultimately the Obama administration abandoned the idea of issuing an indictment against Assange. There was simply no way to charge him without also putting journalists at the New York Times, the Washington Post and the Guardian on trial too. And doing that would have made explicit that the press is not free but works on licence from those in power.
Media indifference
For that reason alone, one might have imagined that the entire media – from rightwing to liberal-left outlets – would be up in arms about Assange’s current predicament. After all, the practice of journalism as we have known it for at least 100 years is at stake.
But in fact, as Assange feared nine years ago, the media have chosen not to adopt a “united front” – or at least, not a united front with Wikileaks. They have remained all but silent. They have ignored – apart from occasionally to ridicule – Assange’s terrifying ordeal, even though he has been locked up for many months in Belmarsh high-security prison awaiting efforts to extradite him as a spy. Assange’s very visible and prolonged physical and mental abuse – both in Belmarsh and, before that, in the Ecuadorian embassy, where he was given political asylum – have already served part of their purpose: to deter young journalists from contemplating following in his footsteps.
https://www.jonathan-cook.net/blog/w...jTXgAAIKKC.jpg
Even more astounding is the fact that the media have taken no more than a cursory interest in the events of the extradition hearing itself. What reporting there has been has given no sense of the gravity of the proceedings or the threat they pose to the public’s right to know what crimes are being committed in their name. Instead, serious, detailed coverage has been restricted to a handful of independent outlets and bloggers.
Most troubling of all, the media have not reported the fact that during the hearing lawyers for the US have abandoned the implausible premise of their main argument that Assange’s work did not constitute journalism. Now they appear to accept that Assange did indeed do journalism, and that other journalists could suffer his fate. What was once implicit has become explicit, as Assange warned: any journalist who exposes serious state crimes now risks the threat of being locked away for the rest of their lives under the draconian Espionage Act.
This glaring indifference to the case and its outcome is extremely revealing about what we usually refer to as the “mainstream” media. In truth, there is nothing mainstream or popular about this kind of media. It is in reality a media elite, a corporate media, owned by and answerable to billionaire owners – or in the case of the BBC, ultimately to the state – whose interests it really serves.Quote:
Jonathan Cook
@Jonathan_K_Cook
The BBC's Kuenssberg and ITV's Peston haven't mentioned Assange for years, even as his extradition hearing - our generation's Dreyfus Trial – is under way.
It should be proof, if more were needed, that these people aren't journalists, they are courtiers of the British state
FiveFilters.org ⏳
@fivefilters
Replying to @medialens @Peston and @bbclaurak
Twitter search shows last time BBC's politial editor Laura Kuenssberg @bbclaurak mentioned Assange was this tweet from 2014! https://twitter.com/bbclaurak/status/501288448540815361
7:23 AM · Sep 8, 2020
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The corporate media’s indifference to Assange’s trial hints at the fact that it is actually doing very little of the sort of journalism that threatens corporate and state interests and that challenges real power. It won’t suffer Assange’s fate because, as we shall see, it doesn’t attempt to do the kind of journalism Assange and his Wikileaks organisation specialise in.
The indifference suggests rather starkly that the primary role of the corporate media – aside from its roles in selling us advertising and keeping us pacified through entertainment and consumerism – is to serve as an arena in which rival centres of power within the establishment fight for their narrow interests, settling scores with each other, reinforcing narratives that benefit them, and spreading disinformation against their competitors. On this battlefield, the public are mostly spectators, with our interests only marginally affected by the outcome.
Gauntlet thrown down
The corporate media in the US and UK is no more diverse and pluralistic than the major corporate-funded political parties they identify with. This kind of media mirrors the same flaws as the Republican and Democratic parties in the US: they cheerlead consumption-based, globalised capitalism; they favour a policy of unsustainable, infinite growth on a finite planet; and they invariably support colonial, profit-driven, resource-grabbing wars, nowadays often dressed up as humanitarian intervention. The corporate media and the corporate political parties serve the interests of the same power establishment because they are equally embedded in that establishment.
(In this context, it was revealing that when Assange’s lawyers argued earlier this year that he could not be extradited to the US because extradition for political work is barred under its treaty with the UK, the US insisted that Assange be denied this defence. They argued that “political” referred narrowly to “party political” – that is, politics that served the interests of a recognised party.)
From the outset, the work of Assange and Wikileaks threatened to disrupt the cosy relationship between the media elite and the political elite. Assange threw down a gauntlet to journalists, especially those in the liberal parts of the media, who present themselves as fearless muckrakers and watchdogs on power.
Unlike the corporate media, Wikileaks doesn’t depend on access to those in power for its revelations, or on the subsidies of billionaires, or on income from corporate advertisers. Wikileaks receives secret documents direct from whistleblowers, giving the public an unvarnished, unmediated perspective on what the powerful are doing – and what they want us to think they are doing.
Wikileaks has allowed us to see raw, naked power before it puts on a suit and tie, slicks back its hair and conceals the knife.
But as much as this has been an empowering development for the general public, it is at best a very mixed blessing for the corporate media.
In early 2010, the fledgling Wikileaks organisation received its first tranche of documents from US army whistleblower Chelsea Manning: hundreds of thousands of classified files exposing US crimes in Iraq and Afghanistan. Assange and “liberal” elements of the corporate media were briefly and uncomfortably thrown into each others’ arms.Quote:
Hadley Freeman
@HadleyFreeman
Today’s column is a salute to Julian Assange, selflessly raising the bar on nightmare houseguest stories
I love stories of badly-behaved houseguests – and Julian Assange has raised the bar | Hadley Freeman
Surely no one is feeling any emotion as intensely as the happiness currently experienced by the staff, and especially the cleaners, at the Ecuador embassy
theguardian.com https://pbs.twimg.com/card_img/13061...jpg&name=small
4:55 AM · Apr 20, 2019
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On the one hand, Assange needed the manpower and expertise provided by big-hitting newspapers like the New York Times, the Guardian and Der Spiegel to help Wikileaks sift through vast trove to find important, hidden disclosures. He also needed the mass audiences those papers could secure for the revelations, as well as those outlets’ ability to set the news agenda in other media.
Liberal media, on the other hand, needed to court Assange and Wikileaks to avoid being left behind in the media war for big, Pulitzer Prize-winning stories, for audience share and for revenues. Each worried that, were it not to do a deal with Wikileaks, a rival would publish those world-shattering exclusives instead and erode its market share.
Gatekeeper role under threat
For a brief while, this mutual dependency just about worked. But only for a short time. In truth, the liberal corporate media is far from committed to a model of unmediated, whole-truth journalism. The Wikileaks model undermined the corporate media’s relationship to the power establishment and threatened its access. It introduced a tension and division between the functions of the political elite and the media elite.
Those intimate and self-serving ties are illustrated in the most famous example of corporate media working with a “whistleblower”: the use of a source, known as Deep Throat, who exposed the crimes of President Richard Nixon to Washington Post reporters Woodward and Bernstein back in the early 1970s, in what became known as Watergate. That source, it emerged much later, was actually the associate director of the FBI, Mark Felt.
Far from being driven to bring down Nixon out of principle, Felt wished to settle a score with the administration after he was passed over for promotion. Later, and quite separately, Felt was convicted of authorising his own Watergate-style crimes on behalf of the FBI. In the period before it was known that Felt had been Deep Throat, President Ronald Reagan pardoned him for those crimes. It is perhaps not surprising that this less than glorious context is never mentioned in the self-congratulatory coverage of Watergate by the corporate media.
But worse than the potential rupture between the media elite and the political elite, the Wikileaks model implied an imminent redundancy for the corporate media. In publishing Wikileaks’ revelations, the corporate media feared it was being reduced to the role of a platform – one that could be discarded later – for the publication of truths sourced elsewhere.
The undeclared role of the corporate media, dependent on corporate owners and corporate advertising, is to serve as gatekeeper, deciding which truths should be revealed in the “public interest”, and which whistleblowers will be allowed to disseminate which secrets in their possession. The Wikileaks model threatened to expose that gatekeeping role, and make clearer that the criterion used by corporate media for publication was less “public interest” than “corporate interest”.
In other words, from the start the relationship between Assange and “liberal” elements of the corporate media was fraught with instability and antagonism.
The corporate media had two possible responses to the promised Wikileaks revolution.
One was to get behind it. But that was not straightforward. As we have noted, Wikileaks’ goal of transparency was fundamentally at odds both with the corporate media’s need for access to members of the power elite and with its embedded role, representing one side in the “competition” between rival power centres.
The corporate media’s other possible response was to get behind the political elite’s efforts to destroy Wikileaks. Once Wikileaks and Assange were disabled, there could be a return to media business as usual. Outlets would once again chase tidbits of information from the corridors of power, getting “exclusives” from the power centres they were allied with.Quote:
suzanne moore
@suzanne_moore
I bet Assange is stuffing himself full of flattened guinea pigs. He really is the most massive turd.
5:28 PM · Jun 19, 2012
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Put in simple terms, Fox News would continue to get self-serving exclusives against the Democratic party, and MSNBC would get self-serving exclusives against Trump and the Republican Party. That way, everyone would get a slice of editorial action and advertising revenue – and nothing significant would change. The power elite in its two flavours, Democrat and Republican, would continue to run the show unchallenged, switching chairs occasionally as elections required.
From dependency to hostility
Typifying the media’s fraught, early relationship with Assange and Wikileaks – sliding rapidly from initial dependency to outright hostility – was the Guardian. It was a major beneficiary of the Afghan and Iraq war diaries, but very quickly turned its guns on Assange. (Notably, the Guardian would also lead the attack in the UK on the former leader of the Labour party, Jeremy Corbyn, who was seen as threatening a “populist” political insurgency in parallel to Assange’s “populist” media insurgency.)
Despite being widely viewed as a bastion of liberal-left journalism, the Guardian has been actively complicit in rationalising Assange’s confinement and abuse over the past decade and in trivialising the threat posed to him and the future of real journalism by Washington’s long-term efforts to permanently lock him away.Quote:
Marina Hyde
@MarinaHyde May 19, 2017
Assange possibly even the biggest arsehole in Knightsbridge. And what a field that is
11:52 AM · May 19, 2017
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There is not enough space on this page to highlight all the appalling examples of the Guardian’s ridiculing of Assange (a few illustrative tweets scattered through this post will have to suffice) and disparaging of renowned experts in international law who have tried to focus attention on his arbitrary detention and torture. But the compilation of headlines in the tweet below conveys an impression of the antipathy the Guardian has long harboured for Assange, most of it – such as James Ball’s article – now exposed as journalistic malpractice.
The Guardian’s failings have extended too to the current extradition hearings, which have stripped away years of media noise and character assassination to make plain why Assange has been deprived of his liberty for the past 10 years: because the US wants revenge on him for publishing evidence of its crimes and seeks to deter others from following in his footsteps.Quote:
Five Filters
The Guardian: Fake news and hostility toward Assange in 44 headlines. #DumpTheGuardian
The Guardian's war on Assange
The Guardian: fake news and hostility toward Assange in 44 headlines. Dump The Guardian!https://pbs.twimg.com/card_img/13068...jpg&name=small
theguardian.fivefilters.org
In its pages, the Guardian has barely bothered to cover the case, running superficial, repackaged agency copy. This week it belatedly ran a solitary opinion piece from Luiz Inácio Lula da Silva, Brazil’s former leftwing president, to mark the fact that many dozens of former world leaders have called on the UK to halt the extradition proceedings. They appear to appreciate the gravity of the case much more clearly than the Guardian and most other corporate media outlets.
But among the Guardian’s own columnists, even its supposedly leftwing ones like Gorge Monbiot and Owen Jones, there has been blanket silence about the hearings. In familiar style, the only in-house commentary on the case so far is yet another snide hit-piece – this one in the fashion section written by Hadley Freeman. It simply ignores the terrifying developments for journalism taking place at the Old Bailey, close by the Guardian’s offices. Instead Freeman mocks the credible fears of Assange’s partner, Stella Moris, that, if Assange is extradited, his two young children may not be allowed contact with their father again.Quote:
Lawyers for Assange
@Lawyers4Assange
167 politicians, including past & present heads of state, back our appeal to UK government to bring an end to Julian Assange's extradition proceedings & grant him his long overdue freedom:
https://lawyersforassange.org/en/endorsements.html
We @Lawyers4Assange say the politico-legal show must not go on.
endorsements
lawyersforassange.org
6:31 PM · Sep 20, 2020
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Freeman’s goal, as has been typical of the Guardian’s modus operandi, is not to raise an issue of substance about what is happening to Assange but to score hollow points in a distracting culture war the paper has become so well-versed in monetising. In her piece, entitled “Ask Hadley: ‘Politicising’ and ‘weaponising’ are becoming rather convenient arguments”, Freeman exploits Assange and Moris’s suffering to advance her own convenient argument that the word “politicised” is much misused – especially, it seems, when criticising the Guardian for its treatment of Assange and Corbyn.
The paper could not make it any plainer. It dismisses the idea that it is a “political” act for the most militarised state on the planet to put on trial a journalist for publishing evidence of its systematic war crimes, with the aim of locking him up permanently.
Password divulgedQuote:
Bean🔥
@SomersetBean
Shameful but not surprising. This is the sum total of the @guardian's "coverage" during Julian Assange's extradition hearing. Including a hit piece. #DumpTheGuardian #FreeAssange
9:18 PM · Sep 15, 2020
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The Guardian may be largely ignoring the hearings, but the Old Bailey is far from ignoring the Guardian. The paper’s name has been cited over and over again in court by lawyers for the US. They have regularly quoted from a 2011 book on Assange by two Guardian reporters, David Leigh and Luke Harding, to bolster the Trump administration’s increasingly frantic arguments for extraditing Assange.
When Leigh worked with Assange, back in 2010, he was the Guardian’s investigations editor and, it should be noted, the brother-in-law of the then-editor, Alan Rusbridger. Harding, meanwhile, is a long-time reporter whose main talent appears to be churning out Guardian books at high speed that closely track the main concerns of the UK and US security services. In the interests of full disclosure, I should note that I had underwhelming experiences dealing with both of them during my years working at the Guardian.
Normally a newspaper would not hesitate to put on its front page reports of the most momentous trial of recent times, and especially one on which the future of journalism depends. That imperative would be all the stronger were its own reporters’ testimony likely to be critical in determining the outcome of the trial. For the Guardian, detailed and prominent reporting of, and commentary on, the Assange extradition hearings should be a double priority.
So how to explain the Guardian’s silence?
The book by Leigh and Harding, WikiLeaks: Inside Julian Assange’s War on Secrecy, made a lot of money for the Guardian and its authors by hurriedly cashing in on the early notoriety around Assange and Wikileaks. But the problem today is that the Guardian has precisely no interest in drawing attention to the book outside the confines of a repressive courtroom. Indeed, were the book to be subjected to any serious scrutiny, it might now look like an embarrassing, journalistic fraud.
The two authors used the book not only to vent their personal animosity towards Assange – in part because he refused to let them write his official biography – but also to divulge a complex password with which he had entrusted Leigh to an online cache of encrypted documents. That egregious mistake by the Guardian opened the door for every security service in the world to break into the file, as well as other files by cracking Assange’s sophisticated formula for devising passwords.
Much of the furore about Assange’s supposed failure to protect names in the leaked documents Assange published stems from Leigh’s much-obscured role in sabotaging Wikileaks’ work. Assange was forced into a damage limitation operation because of Leigh’s incompetence, forcing him to hurriedly publish files so that anyone worried they had been named in the documents could know before hostile security services identified them.
This week at the Assange hearings, Professor Christian Grothoff, a computer expert at Berne University, noted that Leigh had recounted in his 2011 book how he pressured a reluctant Assange into giving him the password. In his testimony, Grothoff referred to Leigh as a “bad faith actor”.Quote:
Jonathan Cook
@Jonathan_K_Cook
·
Sep 22, 2020
Computer expert at Assange hearing calls the Guardian's David Leigh 'a bad faith actor' over his publishing a Wikileaks password that opened the door to every security service in the world being able to access 250,000 encrypted cables
Your Man in the Public Gallery: Assange Hearing Day 14
Monday was a frustrating day as the Assange Hearing drifted deep into a fantasy land where nobody knows or is allowed to say that people were tortured in Guantanamo Bay and under extraordinary renditi
craigmurray.org.uk
Jonathan Cook
@Jonathan_K_Cook
The Guardian has sought for nearly a decade to obscure David Leigh's deeply irresponsible antics in publishing that critically important Wikileaks password.
It's another reason why the Guardian has barely covered the Assange hearings. It goes way beyond 'conflict of interest'
4:56 AM · Sep 22, 2020
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‘Not a reliable source’
Nearly a decade ago Leigh and Harding could not have imagined what would be at stake all these years later – for Assange and for other journalists – because of an accusation in their book that the Wikileaks founder recklessly failed to redact names before publishing the Afghan and Iraq war diaries.
The basis of the accusation rests on Leigh’s highly contentious recollection of a discussion with three other journalists and Assange at a restaurant near the Guardian’s former offices in July 2010, shortly before publication of the Afghan revelations.
According to Leigh, during a conversation about the risks of publication to those who had worked with the US, Assange said: “They’re informants, they deserve to die.” Lawyers for the US have repeatedly cited this line as proof that Assange was indifferent to the fate of those identified in the documents and so did not expend care in redacting names. (Let us note, as an aside, that the US has failed to show that anyone was actually put in harm’s way from publication, and in the Manning trial a US official admitted that no one had been harmed.)
The problem is that Leigh’s recollection of the dinner has not been confirmed by anyone else, and is hotly disputed by another participant, John Goetz of Der Spiegel. He has sworn an affidavit saying Leigh is wrong. He gave testimony at the Old Bailey for the defence last week. Extraordinarily the judge, Vanessa Baraitser, refused to allow him to contest Leigh’s claim, even though lawyers for the US have repeatedly cited that claim.
Further, Goetz, as well as Nicky Hager, an investigative journalist from New Zealand, and Professor John Sloboda, of Iraq Body Count, all of whom worked with Wikileaks to redact names at different times, have testified that Assange was meticulous about the redaction process. Goetz admitted that he had been personally exasperated by the delays imposed by Assange to carry out redactions:Quote:
Caitlin Johnstone ⏳
@caitoz
·
Sep 8
Statement from journalist John Goetz of Der Spiegel attesting that Assange never made the "they deserve it" comment he was accused of saying by The Guardian's David Leigh. Goetz was at the dinner Assange is alleged to have said it.https://pbs.twimg.com/media/EhY0E9_U...png&name=small@MElmaazi
Replying to @MElmaazi
James Lewis QC:
Quotes from a book which said "Julian didn’t seem concerned" about revealing identities “Well they’re informants he said, so if they get killed they got it coming to them. They deserve it” Mr Assange is alledged to have said according to this book.
6:00 AM · Sep 8, 2020
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At that time, I remember being very, very irritated by the constant, unending reminders by Assange that we needed to be secure, that we needed to encrypt things, that we needed to use encrypted chats. … The amount of precautions around the safety of the material were enormous. I thought it was paranoid and crazy but it later became standard journalistic practice.
Prof Sloboda noted that, as Goetz had implied in his testimony, the pressure to cut corners on redaction came not from Assange but from Wikileaks’ “media partners”, who were desperate to get on with publication. One of the most prominent of those partners, of course, was the Guardian. According to the account of proceedings at the Old Bailey by former UK ambassador Craig Murray:
Goetz [of Der Spiegel] recalled an email from David Leigh of The Guardian stating that publication of some stories was delayed because of the amount of time WikiLeaks were devoting to the redaction process to get rid of the “bad stuff.”
When confronted by US counsel with Leigh’s claim in the book about the restaurant conversation, Hager observed witheringly: “I would not regard that [Leigh and Harding’s book] as a reliable source.” Under oath, he ascribed Leigh’s account of the events of that time to “animosity”.
Scoop exposed as fabrication
Harding is hardly a dispassionate observer either. His most recent “scoop” on Assange, published in the Guardian two years ago, has been exposed as an entirely fabricated smear. It claimed that Assange secretly met a Trump aide, Paul Manafort, and unnamed “Russians” while he was confined to the Ecuadorian embassy in 2016.
https://www.jonathan-cook.net/blog/w...9/manafort.png
Harding’s transparent aim in making this false claim was to revive a so-called “Russiagate” smear suggesting that, in the run-up to the 2016 US presidential election, Assange conspired with the Trump camp and Russian president Vladimir Putin to help get Trump elected. These allegations proved pivotal in alienating Democrats who might otherwise have rallied to Assange’s side, and have helped forge bipartisan support for Trump’s current efforts to extradite Assange and jail him.
The now forgotten context for these claims was Wikileaks’ publication shortly before the election of a stash of internal Democratic party emails. They exposed corruption, including efforts by Democratic officials to sabotage the party’s primaries to undermine Bernie Sanders, Hillary Clinton’s rival for the party’s presidential nomination.
Those closest to the release of the emails have maintained that they were leaked by a Democratic party insider. But the Democratic leadership had a pressing need to deflect attention from what the emails revealed. Instead they actively sought to warm up a Cold War-style narrative that the emails had been hacked by Russia to foil the US democratic process and get Trump into power.
No evidence was ever produced for this allegation. Harding, however, was one of the leading proponents of the Russiagate narrative, producing another of his famously fast turnaround books on the subject, Collusion. The complete absence of any supporting evidence for Harding’s claims was exposed in dramatic fashion when he was questioned by journalist Aaron Mate.
Harding’s 2018 story about Manafort was meant to add another layer of confusing mischief to an already tawdry smear campaign. But problematically for Harding, the Ecuadorian embassy at the time of Manafort’s supposed visit was probably the most heavily surveilled building in London. The CIA, as we would later learn, had even illegally installed cameras inside Assange’s quarters to spy on him. There was no way that Manafort and various “Russians” could have visited Assange without leaving a trail of video evidence. And yet none exists. Rather than retract the story, the Guardian has gone to ground, simply refusing to engage with critics.
Most likely, either Harding or a source were fed the story by a security service in a further bid to damage Assange. Harding made not even the most cursory checks to ensure that his “exclusive” was true.
Unwilling to speak in court
Despite both Leigh and Harding’s dismal track record in their dealings with Assange, one might imagine that at this critical point – as Assange faces extradition and jail for doing journalism – the pair would want to have their voices heard directly in court rather than allow lawyers to speak for them or allow other journalists to suggest unchallenged that they are “unreliable” or “bad faith” actors.
Leigh could testify at the Old Bailey that he stands by his claims that Assange was indifferent to the dangers posed to informants; or he could concede that his recollection of events may have been mistaken; or clarify that, whatever Assange said at the infamous dinner, he did in fact work scrupulously to redact names – as other witnesses have testified.
Given the grave stakes, for Assange and journalism, that would be the only honourable thing for Leigh to do: to give his testimony and submit to cross-examination. Instead he shelters behind the US counsel’s interpretation of his words and Judge Baraitser’s refusal to allow anyone else to challenge it, as though Leigh brought his claim down from the mountain top.
The Guardian too, given it central role in the Assange saga, might have been expected to insist on appearing in court, or at the very least to be publishing editorials furiously defending Assange from the concerted legal assault on his rights and journalism’s future. The Guardian’s “star” leftwing columnists, figures like George Monbiot and Owen Jones, might similarly be expected to be rallying readers’ concerns, both in the paper’s pages and on their own social media accounts. Instead they have barely raised their voices above a whisper, as though fearful for their jobs.
These failings are not about the behaviour of any single journalist. They reflect a culture at the Guardian, and by extension in the wider corporate media, that abhors the kind of journalism Assange promoted: a journalism that is open, genuinely truth-seeking, non-aligned and collaborative rather competitive. The Guardian wants journalism as a closed club, one where journalists are once again treated as high priests by their flock of readers, who know only what the corporate media disclose to them.
Assange understood the problem back in 2011, as he explained in his interview with Mark Davis (38.00mins):
There is a point I want to make about perceived moral institutions, such as the Guardian and New York Times. The Guardian has good people in it. It also has a coterie of people at the top who have other interests. … What drives a paper like the Guardian or New York Times is not their inner moral values. It is simply that they have a market. In the UK, there is a market called “educated liberals”. Educated liberals want to buy a newspaper like the Guardian and therefore an institution arises to fulfil that market. … What is in the newspaper is not a reflection of the values of the people in that institution, it is a reflection of the market demand.
That market demand, in turn, is shaped not by moral values but by economic forces – forces that need a media elite, just as they do a political elite, to shore up an ideological worldview that keeps those elites in power. Assange threatened to bring that whole edifice crashing down. That is why the institutions of the Guardian and the New York Times will shed no more tears than Donald Trump and Joe Biden if Assange ends up spending the rest of his life behind bars."
Weekly Update --- The War on Assange is a War on Truth
3,772 views•Sep 22, 2020
RonPaulLibertyReport
247K subscribers
"Truth is treason in an empire of lies."
For personal (good) reasons I have simply been much much too busy to have kept up with Craig Murray's daily reporting but lest anyone need a reminder he works his socks off to produce these on his blog, here >> https://www.craigmurray.org.uk/. It takes me some quite considerably less time to reproduce them here than it does for him to labour diligently over, for all.
With a further thanks to onawah for sharing good quality related articles in the interim, and in particular Jonathan Cook's work.
https://twitter.com/StellaMoris1/sta...88750512402432
Dear friend,
I’m Rebecca Vincent, RSF’s international campaigns director. It’s now Week 3 of Wikileaks publisher Julian Assange’s US extradition hearing at the Old Bailey in London.
Despite severe restrictions on observers, RSF is the only NGO that has gained access to the hearing, and we’ve managed to monitor proceedings on most days. We will continue to do so whenever possible. Yesterday I was in court to witness the powerful testimony of Professor Michael Kopelman, a neuropsychiatrist and the first medical expert to testify in this hearing.
Professor Kopelman’s testimony was strong and disturbing. He spoke of Julian Assange’s history of depression, his anxiety, his frequent suicidal thoughts, his auditory hallucinations, his PTSD, and his sleep disorder. He painted a clear picture of extreme vulnerability. According to Professor Kopelman, Assange experiences hundreds of suicidal thoughts per day. If extradited to the US, Professor Kopelman stated resolutely that Assange was likely to find a way to commit suicide. His extradition could be a matter of life or death.
This testimony added urgency to the humanitarian need for Assange’s release. RSF believes that Assange should be unconditionally released, the charges against him dropped, and his extradition to the US prevented. We will continue to monitor the ongoing proceedings, and to keep up our broader campaign to #FreeAssange!
SUPPORT RSF
Also connected to our campaign in support of Assange, RSF has become aware of a spambot attack on our website, primarily targeting our #FreeAssange petition. Tens of thousands of falsified signatures were simultaneously added to the call to #FreeAssange and other areas of the RSF website. The RSF team took immediate action to rectify the situation and secure the petition tool, and no data was compromised.
A large number of false signatures have been removed from the petition, but 82,000 are real and were verified prior to the spambot attack - in addition to nearly 7,000 more signatures on the German version of the petition. Now we need your help to replace the false signatures with even more real ones - and we have promised to attempt again to deliver all of the signatures to 10 Downing Street at the end of the extradition proceedings.
We will not be deterred by this online attack - quite the contrary. We are more determined than ever to secure Julian Assange’s release and stop his extradition.
Thank you for your help and continuous support!
--
REPORTERS WITHOUT BORDERS
Rebecca Vincent
Director of International Campaigns
SIGN THE #FREEASSANGE PETITION
https://rsf.org/en/free-assange