Julian Assange wins right to appeal against extradition to US

Julian Assange

Julian Assange has been given permission to launch a new challenge to prevent his transfer to the United States for allegedly sharing confidential information about the military. He will have the opportunity to dispute the assurances given by American authorities regarding how he would be treated during the trial.

In March, two judges postponed making a ruling on whether Assange could have another chance to appeal his case. The Wikileaks founder is attempting to evade prosecution in the US for espionage, which stems from the release of numerous confidential and diplomatic papers.

During that particular instance, Dame Victoria Sharp and Mr Justice Johnson decided that the individual could launch an appeal against extradition on three different reasons, unless the United States provided "acceptable" guarantees.

He asked for guarantees that he could use his freedom of speech as protected under the first amendment of the US constitution, that he wouldn't face any unfair treatment during the trial because of his nationality, and that he wouldn't be given the death penalty.

During a court session at the London high court yesterday, the judges gave permission for him to dispute his deportation based on two reasons. One is if his removal would align with the European convention on human rights regarding freedom of expression. The other is if there is a possibility of bias during his trial or punishment due to his nationality.

The team of Assange did not dispute the US's guarantee that they wouldn't pursue the death penalty, acknowledging it as a clear commitment made by the government. However, they did assert that it wasn't the same in regards to an assurance that Assange, who was born in Australia, would have access to the same privileges under the first amendment on freedom of speech as a citizen of the US.

According to Edward Fitzgerald KC, who is Assange's representative, there are various issues related to the guarantees given by the US, and they are still unsure if a US court might decide that the WikiLeaks founder, being a non-US citizen, doesn't have the right to freedom of speech under the First Amendment.

Fitzgerald said that Assange was not guaranteed first amendment rights but could try to bring them up as a defense.

The lawyer representing Assange made note of the lack of response from American prosecutors such as Gordon Kromberg, who is an assistant attorney in the Eastern District of Virginia where Assange would be tried. The silence was described as being extremely noticeable.

"It's quite common for prosecutors to make specific promises. For instance, we won't object to bail or pursue the death penalty. However, no such guarantee has been explicitly stated in this situation," Fitzgerald stated.

James Lewis, who is representing the United States, advised the judges to remain vigilant and not be deceived by the simplistic and charming arguments presented by Assange's legal team.

Assange's country of origin would not have any influence on impartial legal proceedings in the United States, as per his statement. However, the actions he is being accused of are not covered by the first amendment.

According to the statements made in writing by the US prosecutor, individuals, regardless of their citizenship status, cannot use their right to freedom of speech as protection for revealing classified national defense information that may put the lives of innocent informants in danger.

This rule is valid for both Americans and individuals who are not from the United States, regardless of their citizenship or birthplace, and regardless of where the behavior occurred. However, it is up to the legal system in the United States to determine the specifics. The behavior in question is not shielded by the first amendment.

Due to health concerns, Assange's legal team disclosed that he did not appear in court. However, among the attendees were his father, John Shipton, and his spouse, Stella.

Following the hearing, Stella Assange spoke to her supporters outside the high court and shared that she strongly believes US President Joe Biden should take action and end the legal pursuit of her husband before it's too late. She emphasized that time is running out for him to make the right decision.

As a family, we feel a sense of relief that the courts have made the correct decision today. However, we are concerned about how long this issue will persist. Our firstborn child recently celebrated his seventh birthday.

The only recollections they have of their dad are from when they visit him in Belmarsh prison. The more the case progresses, the more it becomes evident to all that Julian is locked up for engaging in quality journalism. He bravely revealed corrupt acts and the abuse of innocent individuals during times of conflict where unjust actions go unpunished.

The editor-in-chief of WikiLeaks, Kristinn Hrafnsson, expressed optimism after the court ruling regarding Assange, stating that there was a small ray of hope. He added that it would be up to Assange's lawyers to determine whether they would seek his release on bail.

Assange is facing charges of espionage and computer misuse, which could put him in prison for a maximum of 175 years. These charges stem from the publication of classified US documents on his website nearly 15 years ago.

According to American prosecution officials, Assange, who is 52 years old, played an active role in encouraging and assisting Chelsea Manning, an army intelligence analyst, in stealing diplomatic cables and military documents that were subsequently published by WikiLeaks. As a result of this publication, the safety of certain individuals was jeopardized.

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