Topline
Julian Assange will be allowed to appeal his extradition to the U.S., where he faces charges under the Espionage Act, a British court ruled Monday, granting the WikiLeaks founder a legal lifeline in a case that has drawn scrutiny from global human rights and press freedom groups.
The court’s ruling further delays the U.S. government’s efforts to extradite the Wikileaks founder, ... [+]
Key Facts
High Court judges Victoria Sharp and Jeremy Johnson said assurances from the U.S., including protection against the death penalty and that Assange would have equal protection under the First Amendment like an American citizen, were insufficient, multiple outlets reported.
Assange, 52, was indicted on 17 counts of violating the Espionage Act and one count of computer misuse in 2019 for publishing a cache of classified U.S. documents on WikiLeaks a decade earlier.
Edward Fitzgerald, Assange’s lawyer, argued the assurances from American prosecutors were “blatantly inadequate,” as there was no guarantee a U.S. court would consider First Amendment protections for Assange, who is an Australian citizen, according to Reuters.
James Lewis, an attorney representing the United States, claimed Assange’s alleged acts were “simply unprotected” by the First Amendment.
The court did not set a date for Assange’s final appeal.
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What To Watch For
President Joe Biden said earlier this year he would consider a request from Australia to drop charges against Assange, allowing him to return to Australia. Prime Minister Anthony Albanese said Biden’s consideration was “encouraging.”
Key Background
The Justice Department filed charges against Assange in 2019, alleging he enabled a U.S. Army intelligence analyst to steal classified documents to publish on his website WikiLeaks. The analyst, Chelsea Manning, was sentenced to 35 years in prison for violating the Espionage Act, though former President Barack Obama commuted her sentence after seven years in 2019. Assange has been held in a high-security prison in the U.K. for five years, after his seven years of political asylum inside the Ecuadorian Embassy in London came to an end. The High Court ruled in March Assange—who has avoided charges for years—would not be immediately extradited to the U.S. unless American prosecutors could ensure he would receive First Amendment protections.
Tangent
The Committee To Protect Journalists and other press freedom groups criticized charges against Assange in a letter to Attorney General Merrick Garland last week. The groups argued his prosecution would “create legal pathways” under the Espionage Act for the U.S. to prosecute “journalists who are simply doing their jobs and covering matters of public interest.”
Further Reading
Biden Says U.S. ‘Considering’ Ending Prosecution Of Julian Assange (Forbes)
UK Court Says Assange Can’t Be Extradited On Espionage Charges Until U.S. Rules Out Death Penalty (Forbes)
