WikiLeaks founder Julian Assange is stepping up efforts to prevent his extradition from the UK to the US on spying charges.
The charges against Australian citizens relate to the release of hundreds of thousands of leaked documents and diplomatic cables relating to the Afghanistan and Iraq wars in 2010 and 2011.
So what’s at stake in the two-day trial at London’s High Court this week? And what is the Australian government doing behind the scenes to achieve a political breakthrough?
What are the grounds for appeal?
One of the grounds Mr Assange is seeking leave to appeal is that his extradition violates the UK-US extradition treaty, which prohibits extradition for political offenses.
In written arguments to the court, Assange’s attorney, Edward Fitzgerald KC, said: “This legally unprecedented prosecution is an unusual step in obtaining and disclosing truly confidential information of the most obvious and important public interest. seeks to criminalize the application of journalistic practices.”
Mr Fitzgerald said Assange and WikiLeaks were “responsible for exposing criminal activity on the part of the US government on an unprecedented scale”, including torture, extradition, extrajudicial killings and war crimes. One of the most notorious revelations was video footage of a US military helicopter attack in Iraq that killed 11 people, including two Reuters reporters.
Mr. Fitzgerald argued that the U.S. prosecution was motivated by “state retaliation” and was unlawful. He also told the court there was a “real risk that Assange would suffer a gross denial of justice” if he were extradited.
What is the US response to this claim?
The US will have the opportunity to hear oral arguments on Wednesday, but in written arguments he accused Assange’s lawyers of “consistently and repeatedly misrepresenting” the case.
James Lewis KC, on behalf of the United States, said the WikiLeaks founder was charged not with “mere publication” but with “aiding and abetting” whistleblower Chelsea Manning or “conspiring” to illegally obtain the documents in question. He said that it has been done. “Arguably, by doing so you would be committing a serious criminal offense and subsequently publishing the names of unredacted sources (thus putting those individuals at risk of serious harm). ”
What happens if Assange wins? What happens if he loses?
Assange’s lawyers are seeking a full appeals hearing so they can consider his claims in more detail before sentencing.
But if both judges refuse to grant permission for a full appeal hearing, any challenge in British courts will end. The scenario has raised concerns among supporters that Assange could be extradited to the United States to stand trial within days.
However, if this week’s bid fails, there may be further avenues of appeal. Intervention by the European Court of Human Rights (ECHR) would be Assange’s only legal hope of avoiding extradition to the United States. In this case, he would need to apply to the ECHR for an order not to extradite him while the UK considers his case.
What is the Australian government doing behind the scenes?
Since Labor’s election in 2022, the Australian government has repeatedly called on both the US and UK to “end” their pursuit of Assange. This includes Prime Minister Anthony Albanese raising the issue with US President Joe Biden. Australia’s Attorney General Mark Dreyfuss confirmed that he spoke about the issue with US Attorney General Merrick Garland in Washington DC last month. But the Australian government acknowledges there are limits to its influence.
A sign of growing frustration over the lack of a breakthrough came last week when Australian government ministers voted in favor of a motion stressing “the importance of the UK and US bringing this issue to a close so Mr Assange can return home.” there were. His family is in Australia.
The next day, Prime Minister Anthony Albanese told Parliament that Australians across the political spectrum “will have a range of opinions about the merits of Julian Assange’s actions”, but the common view is that “good enough is enough”. He said that it has reached. Enough is enough and it’s time to end this. ”
Mr Albanese said it was not Australia’s prerogative to intervene in another country’s legal proceedings, but he hoped the matter would be “resolved amicably” because “this matter cannot go on forever”. He said he wanted it.
In an interview on ABC Radio Sydney on Wednesday, Mr Albanese said: “We are working regularly with the defense team to develop a strategy to move through this issue and come out on the other side that is in Mr Assange’s interests.” EUR.
Are there any hopes for US intervention?
So far, the Biden administration appears to be pushing back on the idea of intervening in the Justice Department’s pursuit of Assange.
US Secretary of State Antony Blinken said after a meeting in Brisbane last year that it was “very important” that “our friends” in Australia understood US concerns about Mr Assange’s “alleged role in one of his biggest roles”. “Important,” he said. Violation of classified information in our nation’s history.
Some Assange supporters believe that in the current environment, given that former President Donald Trump has faced numerous charges and the administration is struggling to ensure that the Justice Department has taken action, the Australian government’s Some believe the request is politically difficult. Independently.
Trump, Biden’s likely rival in the 2024 presidential election, views Assange in favor given WikiLeaks’ subsequent role in releasing Hillary Clinton’s emails before the 2016 election. Some people are. But the charges against Assange began under the Trump administration.
The President of the United States has broad powers to pardon or commute the sentences of individuals. That was proven in 2017 when then-President Barack Obama commuted Manning’s sentence in connection with the WikiLeaks revelations.
