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Thursday, May 2, 2019

Julian Assange starts extradition fight from UK prison

The WikiLeaks founder, speaking from Belmarsh prison, wore a sports jacket and was not handcuffed.
Asked by Judge Michael Snow if he wished to surrender himself for extradition, Assange said: "I do not wish to surrender myself for extradition for doing journalism that's won many, many awards and affected many people."
Lawyer Ben Brandon, representing the US government, said that the provisional arrest warrant for Assange was based on an indictment filed in Virginia for "one offense of attempting to access a computer without consent and accessing a computer without authorization."
Julian Assange's legal battles have only just begun
"Chelsea Manning (a former US Army intelligence specialist) downloaded a vast amount of classified documents. This included four databases with nearly 90,000 Afghan war reports, 400,000 Iraq significant activity reports ... (and) 250,000 state department cables," Brandon said.
Manning then provided the documents to WikiLeaks, Brandon continued. He added that evidence collected during the course of the US investigation showed the pair "unlawfully conspired to effect these disclosures" and that Assange "agreed to help Manning crack a password that was connected to a government server."
Brandon said the maximum sentence for this type of offense is five years, adding that the full request from the US government had not yet been received. He said the prosecution would like the first day of the hearing to take place on June 12.
Judge Snow said proceedings would be adjourned until May 30, when another procedural court date will take place. "The full extradition hearing is many months away where the substance of your case is likely to be argued," he added.
Dozens of pro-Assange protesters -- including around 80 "yellow vest" protesters visiting from France -- carried signs and briefly blocked a main road nearby.
A large truck also stopped traffic, with a large sign reading "#FreeSpeech" and showing photographs of Assange and Manning with their mouths covered by an American flag gag. The road was reopened after police arrived at the scene.
Supporters outside Westminster Magistrates' Court on Thursday during a hearing into the US extradition request of WikiLeaks' founder Julian Assange.
This was the second court appearance of the week for the 47-year-old Australian, who on Wednesday was handed a jail term of almost a year for skipping bail in 2012 when he sought political asylum in the London's Ecuadorian embassy.
Assange was wanted in Sweden for questioning over sexual assault and rape allegations. The whistleblower -- who has repeatedly denied any wrongdoing -- said he sought refuge over fears of onward rendition from Sweden to the US due to his work with WikiLeaks.
His near seven-year stint in the embassy was brought to a dramatic close on April 11 when Ecuador withdrew his asylum and invited in British police, citing Assange's bad behavior. He was then forcibly hauled out by officers.
Thursday marked the start of what will likely be a long and protracted extradition fight. While Assange is presently only facing one charge, US prosecutors have signaled more charges could be on the way.

Extradition 'where the real battle begins'

Speaking to CNN after Assange's bail violation sentencing on Wednesday, WikiLeaks' Editor-in-Chief Kristinn Hrafnsson said he was "shocked and appalled by this decision to sentence Julian to two weeks short of the maximum sentence for not showing up in court."
He added that the US extradition claim is "where the real battle begins."
"Everything in this case seems to indicate that what is being established is a violation of the espionage act of 1970 which carries the death penalty," Hrafnsson explained. "Although the extradition is based on a lower level of offenses, we think that is basically a snaring strategy to get him to United States where additional charges will be added."
Extradition requests to the UK from outside the European Union are governed by Part 2 of the Extradition Act 2003. When reviewing the US extradition claim, it will not be for the UK courts to determine culpability. A judge only determines whether the US request satisfies the "dual criminality" legal requirement -- meaning that the alleged crime is illegal in both countries. The judge would also consider if granting extradition would breach his human rights.
If satisfied that the claim meets procedural conditions, the case would be sent to the British home secretary for a final decision on ordering the extradition.

Mounting a defense

On Wednesday, Jennifer Robinson, one of the lawyers for Assange, told CNN they wanted to wait to review the full extradition request before revealing their defense strategy.
"We need to wait to see the final extradition request from the United States to determine what our arguments will be," Robinson said outside Southwark Crown Court.
"The provisional request that we have raises fundamental questions about free speech, about the newsgathering process, about the jurisdiction of the United States and their attempts to extradite and prosecute publishers and journalists for effectively publishing truthful information about the United States," she continued.
Assange's health seemed to be 'deteriorating rapidly' before arrest, says friend
Assange's lawyers are likely to argue that the extradition request is politically motivated and that he would not be able to receive a fair trial in the US, according to Nick Vamos, the former head of extradition at the Crown Prosecution Service where he was responsible for the case.
"It's going to be one of those where he throws the kitchen sink at it, I think that's clear," Vamos told CNN.
Vamos added that "a whiff of political motivation" would not be enough to prevent extradition.
"What you need to prove is that the entire proceedings are corrupted and tainted by politics and that the person who is being prosecuted solely or primarily on the basis of their political beliefs, their political opinions, or political activities," he explained.

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