By Brian Melley and Jill Lawless | Associated Press
LONDON — WikiLeaks founder Julian Assange can appeal against his extradition to the United States on espionage charges, a London court ruled Monday — a decision likely to further prolong an already long-running legal saga.
High Court judges Victoria Sharp and Jeremy Johnson ruled in favor of Assange after his lawyers argued the US government had provided “grossly insufficient” assurances that he would enjoy the same free speech protections than an American citizen if extradited from Britain.
Assange, 52, was indicted on 17 counts of espionage and one count of misuse of a computer following the publication on his website of a trove of classified US documents almost 15 years ago .
Hundreds of supporters cheered and applauded outside the court as news of the decision reached them from inside the Royal Courts of Justice.
Assange’s wife Stella said the US tried to put “lipstick on a pig – but the judges didn’t believe it”. She said the United States should “read the situation” and drop the matter.
“As a family we are relieved, but how long can this last? she says. “This affair is shameful and it costs Julian enormously. »
The Australian computer scientist has spent the last five years in a high-security British prison after taking refuge for seven years in the Ecuadorian embassy in London. Assange was not in court to hear the decision due to health reasons, his lawyer said.
US prosecutors say Assange encouraged and assisted US Army intelligence analyst Chelsea Manning in stealing diplomatic cables and military files released by WikiLeaks.
Assange’s lawyers argued that he was a journalist who exposed wrongdoing by the US military in Iraq and Afghanistan. Sending him to the United States, they said, would expose him to politically motivated prosecution and risk a “blatant denial of justice.”
The US government says Assange’s actions went far beyond those of a journalist gathering information, amounting to an attempted solicitation, theft and indiscriminate publication of classified government documents.
The court’s brief ruling followed debate over Assange’s claim that in disclosing the mass of confidential documents he was essentially a publisher and should benefit from the protection of press freedom guaranteed by the First Amendment of the American Constitution.
The hearing followed a tentative ruling in March that he could take his case to the Court of Appeals unless the United States guaranteed he would not face the death penalty if extradited and that he would benefit from the same free speech protections as a U.S. citizen. .
The United States has provided these assurances, but Assange’s lawyers have only accepted that he will not face the death penalty.
They said assurances that Assange could “rely on” the First Amendment fell short of the protections he deserved. Furthermore, they argued that the prosecutor refused to say he would not challenge Assange’s right to use such a defense.
“The real question is whether adequate insurance was provided to eliminate the actual risk identified by the court,” Fitzgerald said. “It is submitted that no adequate assurance was given.”
The court previously said that without the right to a First Amendment defense, Assange’s extradition could be inconsistent with the European Convention on Human Rights, which also guarantees freedom of expression and protection of media.
Lawyer James Lewis, representing the United States, said Assange’s conduct was “simply not protected” by the First Amendment.
“No person, neither United States nor foreign citizens, has the right to rely on the First Amendment to publish illegally obtained national defense information naming innocent sources, with the risk of harm serious and imminent,” Lewis said.
Assange’s lawyers say he faces up to 175 years in prison if convicted, although U.S. authorities have said any sentence would likely be much shorter.
Assange’s family and supporters say his physical and mental health suffered during more than a decade of legal battles, including seven years spent in the Ecuadorian embassy in London from 2012 to 2019. He spent the last five years in a British high security center. prison.
Commuters exiting a metro stop near the courthouse couldn’t miss a large sign bearing Assange’s photo and the words: “Publishing is not a crime.” War crimes are.
Dozens of supporters gathered outside the neo-Gothic Royal Courts of Justice chanting “Free Julian Assange” and “Freedom of the press, freedom of Assange.” Some waved white flags aimed at President Joe Biden, urging, “Let him go, Joe.”
Biden said last month he was considering a request from Australia to drop the case and let Assange return to his home country.
Authorities provided no further details, but Assange’s wife said it was “a good sign” and Australian Prime Minister Anthony Albanese said the comment was encouraging.
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