Assange Defense

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We can now see Julian Assange in the glass dock, in a suit and mask. #AssangeCase

Judge asks defense if they need to say anything before giving the ruling, they say no. Judge says she has prepared a written ruling, which will be made available online. Judge reading rules of the court.

Judge: I have no intention of reading this [ruling] out, instead I will touch on some of the arguments #AssangeCase

Judge: It is not the UK US Treaty that creates enforceable rights, but the Extradition Act of 2003. The act removed the bar on extraditing for political offenses

Judge: Next I’m to consider whether the offenses in the request would be offenses in the UK as well as in the US. Mr Assange’s conduct went beyond that of a journalist, in agreeing to help Ms Manning crack a password

#AssangeCase judge: Disclosing the govt files was a multi-step process. If they had successfully cracked the password, Manning could have perused files anonymously and would have been harder to detect

Judge: For months Assange had been communicating with Manning. When told she had nothing left to give him, he said ‘curious eyes never run dry.’ After this comment she downloaded 100s of 1000s of State Dept cables

Judge seems to be completely taking the US government’s narrative, saying Assange's comments at conferences encouraging leaks go beyond those of a journalist

Judge: defense submits that by disclosing Manning’s documents, Assange was acting as a journalist & should be protected by free speech laws. The difficulty with this argument is it vests in Assange the right to sacrifice the safety of individuals named, in the name of free speech

Judge is recounting US govt claims of needing relocate named sources from the cables Judge refers to Mr Assange’s ‘indiscriminate’ release of State Dept cables, contrasts with redacted cables published by other media outlets

Judge: this indictment is narrowed to the cables containing names of informants. In UK Assange would not be protected by free speech laws

Judge refers to defense's 'extraneous' arguments such as Assange's political opinions

Judge finds it isn’t her place to comment on the Embassy spying case, that is being handled in Spanish court and this court doesn’t have access to these documents

Judge seems to be potentially justifying spying on Assange because CNN reported that Assange had turned the embassy into a ‘command post’ for election meddling

Judge next considers whether it would be unjust or oppressive to extradite. Judge refers to Mr Assange evading US justice when requested by Sweden

Judge: In relation to impact of extradition, I found the impact of extradition likely to come to Assange’s family is "sadly nothing out of the ordinary"

Judge now saying that the EDVA has large counties for the jury pool, can’t prove who his jury pool would be (that it would only be ex-nat. sec. officials)

Judge notes plea deals are more common in the US but plea deals happen in UK too

Judge says she finds no evidence the US prosecutors "have every intention of punishing Mr Assange"

Judge: I have no reason to doubt the constitutional protections available in the US would ensure a fair trial

Judge: on the question of whether the charges are so overboard so as to be abusive (‘doctrine of vagueness’, ‘doctrine of overbroadness’). Defense hasn't criticized US legal system. I’m told challenges of this nature can be made at the pre-trial stage or in the trial

Judge: US courts have held that those outside the US do not possess rights in the US. Mr Assange, when he faces trial, will be on US soil. No authority supports the assertion someone in his position would not have US protections. Reject defense arguments on Article 7

Judge: Mr Assange, for the same conduct in the US, would be tried here in UK too and would get Article 10 protections. "This court trusts that a US court will properly consider Mr Assange’s constitutional right to free speech"

Final argument is whether it would be oppressive to extradite. I accepted Prof Kopelman opinion that Mr Assange suffers from a recurrent depressive disorder. I accepted he has Asperger's

Judge: I accept Mr Assange has remained depressed at HMP Belmarsh, has been considered at risk of suicide. Prison notes contain numerous claims of suicidal ideation

Judge reviewing evidence on Assange's suicidal ideation, time in HMP Belmarsh. 'The overall impression is of a depressed and at times despairing person'