We're moments away from British judge announcing extradition decision in WikiLeaks founder Julian Assange's case. I'll have live updates shortly.
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Assange is now seated in glass container. Court is in session.
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Judge finds Assange is not protected by US/UK treaty and the Extradition Act of 2003, which does not protect against prosecution for political offenses, is what governs
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Baraitser says Assange’s alleged activities went beyond mere encouragement of journalist. She outlines the alleged password-cracking conspiracy.
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Baraitser heavily relies on AUSA Gordon Kromberg, whose submissions to the court were treated as sacrosanct during extradition trial. Kromberg never testified as witness. These are prosecutorial claims untested by Assange legal team.
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Baraitser is repeating general allegations added in the superseding indictment issued in summer of 2020 and sprung on defense attorneys weeks before extradition trial.
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Baraitser, referring to allegations of hacking in 2020 indictment, says this took [Assange] outside of any role of investigative journalism." He was trying to obtain information by hacking.
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Baraitser: Free speech rights do not provide "unfettered discretion by Mr Assange to decide what he’s going to publish"
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Judge cites this Guardian column condemning WikiLeaks as part of evidence (or justification) for extradition decisionhttps://www.theguardian.com/media/2011/sep/02/wikileaks-publishes-cache-unredacted-cables …
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Baraitser appears to have found Assange in violation of Official Secrets Act If proven allegations "would therefore amount to offenses in this jurisdiction that would not be protected by his freedom of speech"
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Baraitser says prosecutors brought charges against Assange in good faith Also asserts insufficient evidence that decision was made not to prosecute Assange under Obama
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Baraitser dismisses the allegations against UC Global related to spying on Assange in the Ecuador embassy. She says it is inappropriate for court to make findings of fact on evidence still being investigated in Spain.
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Baraitser cites a CNN article as evidence or justification for US government to engage in spying operation against Assange and the Ecuador embassy Here is that article from 2019:https://www.cnn.com/2019/07/15/politics/assange-embassy-exclusive-documents/index.html …
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Judge did not find Assange would face grave problems...in light of passage of time since alleged offenses
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Baraitser: Constitutional and procedural protections will be applied to Assange’s trial to ensure it is a fair trial
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Baraitser essentially argues a US court is equipped to determine whether Espionage Act allows for prosecution against Assange (publisher) for the offenses alleged. She mentions challenges against overbreadth can be made during pretrial.
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Baraitser does not believe US court would be able—or would try—to deny Assange rights under the US Constitution, as he will be put on trial on US soil
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Baraitser goes on to add trust that US court will properly consider Assange’s right to freedom of speech
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Judge accepted doctors' opinions that Assange sufferes from recurrent depressive disorder and suffers from autism (though he is a highly functioning case)
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Baraitser says Assange is at high risk of suicide and that there is a "real risk" he will be detained subject to special administrative measures (SAMs) in US prison, especially because intelligence community is hostile to him
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Baraitser: Extradition would be oppressive by reason of Assange’s mental health
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The United States government's mass incarceration system just lost them their case against WikiLeaks founder Julian Assange
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Holy shit, the judge ends saying she is satisfied that procedures described by US would not prevent Assange from finding a way to commit suicide in US supermax prison
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The judge and defense are discussing an application for bail. US government is going to immediately appeal.
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BREAKING: Judge rules against US extradition of Julian Assange, contending extradition would be oppressive by reason of Assange’s mental health
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Citing WikiLeaks founder Julian Assange's mental health, a British judge rejects the US government's extradition requesthttps://shadowproof.com/2021/01/04/assange-decision-judge-approves-us-extradition-request/ …
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Key sections in British court's decision against US extradition request and why the judge determined it would be oppressive to approve the request against Assangepic.twitter.com/0ZZXTBaEcS
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This is suddenly one of most crucial reports I wrote during Julian Assange's extradition trial. As I noted, precedent in Lauri Love's case could have implications for Assange, especially since Fitzgerald, Assange attorney, was involved in the Love casehttps://shadowproof.com/2020/09/23/doctor-assange-aspergers-prison-extradition-trial/ …
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Judge Baraitser accepted virtually all of allegations against Assange that made this a dangerous case for press freedom. Despite the fact that the request was rejected, there is plenty in this ruling to cause alarm. Because someone else could easily be criminalized in future.
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Fitzgerald tells judge they would like to make bail application on Wednesday.
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Judge grants Assange legal team's request for time to prepare bail application and schedules hearing for Wednesday
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In the final minutes of the live feed from court, Assange turns to someone talking to him and we see a grin.
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Court is adjourned. I'll be covering the bail application hearing on Wednesday. Until then, I'm moderating a panel discussion on the ruling hosted by
@DefenseAssange at 3 pm ET. It will feature Noam Chomsky, Marjorie Cohn, and Daniel Ellsberg.https://twitter.com/DefenseAssange/status/1345446772538269697 …
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