Category Archives: Extradiction

Disproportionate Sentences: Julian Assange, Bail, and Extradition

Should journalism ever have a deity worth His, Her or Its salt, looking down upon the recent proceedings against Julian Assange will provide endless choking fits of confusion and dismay.  The prosecution continues in the twisted logic that engaging a source to disclose something secret while also protecting anonymity is somehow unnatural in the world of journalism.  Most prosecutions in this regard tend to be ignorant of history and its various contortions; theirs is to simply fulfil the brief of a vengeful employer, in the now, in the falsely clear present.  If their reasoning could be extended, the likes of those in press land would spend far more time in prisons than out of them.

The savagery being meted out to Assange is evident by receiving the maximum sentence for skipping bail.  Fifty weeks may not seem like much in the scheme of things, but when you consider relative punishments, it smacks of a certain state vindictiveness.  What the decision also ignores is the entire context of Assange’s escape to the Ecuadorean embassy in 2012. Since then, Britain has abandoned that beastly instrument known as the European Arrest Warrant, the Swedish allegations against him for sexual assault have been withdrawn and he, importantly, was found to be living in conditions of arbitrary detention by the UN Working Group on Arbitrary Detention.

The refusal to take the decision of the UN Working Group seriously has been a hallmark of British justice, one skewed in favour of handing out to Assange the worst treatment it can find.  In 2016, the body, chaired by Seong-Phil Hong, found that “various forms of deprivation of liberty to which Julian Assange has been subjected to constitute a form of arbitrary detention.”  The Working Group further maintained “that the arbitrary detention of Mr. Assange should be brought to an end, that his physical integrity and freedom of movement be respected, and that he should be entitled to an enforceable right to compensation.”

The UK Government, for its part, decided to rebuff the decision.  “The original conclusions of the UN Working Group are inaccurate,” came a scoffing statement, “and should be reviewed.”  Foreign Office minister Hugo Swire insisted at the time that the working group had erred for not being “in possession of the full facts.”  Assange had remained in the embassy purely on his own volition, a fantastic form of reasoning that denied the broader context of US efforts to seek his scalp, and the prospect of extradition should he have been sent to Sweden.  On this issue, WikiLeaks and Assange have proven to be right, but critics remain deaf and dumb to the record.

The same Working Group also expressed bafflement at the stiff sentence, noting that the Swedish allegations had been withdrawn, meaning that the original bail terms be negated as a result.  The entire treatment “appears to contravene the principles of necessity and proportionality envisaged by human rights standards.”  It was also “further concerned that Mr. Assange has been detained since 11 April 2019 in Belmarsh prison, a high-security prison, as if he were convicted for a serious criminal offence.”

Kristinn Hrafnsson, who currently holds the reins as editor-in-chief of WikiLeaks, told gathered press members that Assange had been confined for periods of 23 hours a day at Belmarsh.  The publisher was, effectively, keeping company with the less savoury while facing the damnable conditions of solitary confinement.

Only a day after the rough determination, Assange faced an extradition hearing in which the UK legal system, pressured by US lawyers and officials, will again have a chance to display its ignominious streak.  The hearing, lasting a few minutes, took place via video link in Westminster Magistrates Court.

“I do not wish,” Assange told the court, “to surrender myself for extradition for doing journalism that has won many, many awards and protected many people.”  (Perhaps Assange might have eased off on his accolades, but history has its callings.)

Assange’s legal team is clear: focus the issue on publishing, thereby bringing the work of their client within the ambit of free speech and traditional journalism.  As his lawyer Jennifer Robinson has explained, to accept the validity of the US charge would result in a “massive chill on investigative journalism.”  Assange’s involvement with Chelsea Manning was “about a journalist and a publisher who had conversations with a source about accessing material, encouraged that source to provide material and spoke to that source about how to protect their identity.”

The prosecution team, aided in the wings by hundreds of press vultures who seem intentionally malicious or keen to distance Assange from such protections, are obsessed by the hacking argument.  Even left as it is, the effort here seems skimpy at best.

Hrafnsson, on a worried note, does not shy away from the consequences to Assange’s own being.  “What is at stake here could be a question of life or death for Mr. Assange.”  And more than that, it involved “a major journalistic principle.”  The former point is salient: the moment Assange is rendered into the clutches of the United States, the prosecution is bound to bloat with various charges.

With Assange being treated as a felon of grave importance; and Manning’s continued detention for her ongoing refusal to cooperate with the investigative grand jury in the United States, the press corps of the world should be both revolted and alarmed.  What a delightful World Press Freedom Day it turned out to be.

The Price of Participating in Society is the Sacrifice of Privacy and Self

In what is arguably one of the most craven opportunistic moves by a business/media group to increase its circulation/profitability, on 10 April the New York Times (NYT) embarked on what it describes as its Privacy Project. A day later on 11 April, no doubt with the NYT’s foreknowledge of what was to come thanks to an unofficial US government tip, Ecuador revoked Julian Assange’s (Wikileaks founder) asylum in its UK Embassy and fed him to the British Police dogs eagerly awaiting to arrest him and dump him in jail.

In May 2017 I wrote that Assange was doomed from the get-go to be arrested and handed over to the US Government and that it would only be a matter of time before Edward Snowden befell a similar fate.

Chelsea Manning’s leaked information made WikiLeaks and its founder, Julian Assange, a household name. It also made them permanent enemies of the US State. In 2010, Assange released a video that he called Collateral Murder. The video shows an airstrike in which Iraqi journalists are killed. Other releases based on Manning’s leak were known as the Afghan Diary and Iraq War Logs. The diplomatic cables exposed some of the silly machinations of the US State Department and the over classification of documents.

Meanwhile, mainstream media (MSM) outlets like the New York Times and Washington Post feasted on the leaks and gave them prominent coverage daily, even as they excoriated Assange and his merry band of leakers. The MSM believes that WikiLeaks is not “real” journalism even as they used the classified material Assange provided to bolster their subscription numbers. Aren’t they accessories to Assange’s crime? Apparently they are not.

Assange has been living for the past five years under diplomatic protection in the Embassy of Ecuador in the United Kingdom. He has been accused of rape in Sweden and, if he leaves the embassy, would be arrested by UK authorities and, ultimately, end up in the USA. To make matters worse, now he is a target of the Central Intelligence Agency (CIA) director.

Pompeo once praised WikiLeaks. Whatever data he has seen that made him go ballistic can’t be good for Assange, obviously. [Former] Attorney General Jefferson Beauregard Sessions over at the Justice Department has hinted that an arrest warrant is in the works.

He will never get a get out of jail card and is trapped in Ecuador’s Embassy in London. The trip from the UK to Sweden to the USA would be swift if he capitulates. ‘It’s time to call out WikiLeaks for what it really is: A non-state, hostile intelligence service often abetted by state actors like Russia,’ [then] CIA director Mike Pompeo said at a May event hosted by the Center for Strategic and International Studies in Washington, DC. ‘Assange is a narcissist who has created nothing of value and he relies on the dirty work of others to make himself famous: He’s a fraud.’

Assange continues to dig a hole for himself with the CIA Vault leaks even as he enlightens us all, apparently, about the machinations of governments around the world.

Hello Clipper

The New York Times Privacy Project’s mission statement is essentially a rehash of a privacy and encryption issue that began on 16 April 1993 over the National Security Agency’s proposal to embed a Clipper Chip in the nation’s communications networks and nascent Internet/World Wide Web (WWW). The chip would have allowed NSA and US Law Enforcement Agencies like the Federal Bureau of Investigation to easily access foreign and domestic public communications. The proposal was the brainchild of President Bill Clinton’s administration but a wide awake American public and anti-Clipper Chip groups like the Electronic Frontier Foundation (EFF) opposed the technology and by 1996 the US government gave up on the technology.

There is grave doubt whether the American public or pro-Assange interest groups have the voice and staying power of those like the EFF that a couple of decades ago opposed the Clipper Chip.

According to the New York Times project mission statement:

The boundaries of privacy are in dispute, and its future is in doubt. Citizens, politicians and business leaders are asking if societies are making the wisest tradeoffs. The Times is embarking on this months long project to explore the technology and where it’s taking us, and to convene debate about how it can best help realize human potential.

Privacy in Dispute? Convene a debate? You’re Kidding!

Only those in cryogenic freeze or in solitary confinement for the past couple of decades would not know that privacy is already dead, a quaint relic from a time long since past. In today’s world, the price of participating in society is the sacrifice of privacy and self. It is not so much that technology is the culprit, it’s that a networked world, whether through stories told around a campfire that are passed on in an oral tradition, or instantly via Facebook/Twitter, appears to be a necessary human craving. Wanting to belong to something or some group, to be able to identify with an ideology or fad is apparently irresistible.

What do you really have to trade with your fellow human beings other than your deepest secrets, knowledge and individuality?

Humans are merrily merging with machines or rather the software and interfaces that allow textual and vision immersion, and the light speed acquisition of knowledge that the networked world provides. The Fourth Amendment to the US Constitution be damned. Who needs it? The government or marketplace will always find a workaround to that relic of a bygone era.

All of this seems preordained by some Universal Machine God. We bow our heads whilst on the mobile device. The Internet/WWW is a sort of public confessional where there is no mediating priest to talk to God for you. It is straight talk with the Public God who dispenses likes or dislikes like the number of prayers a priest tells you to recite to regain a clean soul. And the Internet/WWW is a vengeful God with a long memory. Past sins from youth, or once though well hidden, find their way onto the network with punishment meted out by a hash tag with a name linked to it.

Sickness of the Future

The NYT Privacy Project, or even my musings here, are not necessary to understand future diseases at work right now in 2019. For a better description of that we can turn to a short story written by Chinese Sci-Fi writer Chen Qiufan titled “A History of Future Illnesses.” The story is located in the book Broken Stars, Contemporary Chinese Science Fiction in Translation (Ken Liu translator).

Technology allows ritual to become an indivisible part of everyday life. Its implanted into you and becomes part of your genetic heritage to be passed on to your children and they children multiplying and mutating, more vigorous that its host. You cannot control the impulse to refresh the page. Information explosion brings anxiety but can fill your husk of a soul. Every fifteen seconds you move the mouse, open your social networking profile, browse the comments, retweet and reblog, close the page, and do it all over again fifteen seconds later. You cant stop.

You no longer talk to people in real life. Air has lost its role as the medium for transmitting voice. You sit in a ring, your eyes glued to the latest mobile device in your hand as though worshiping the talisman of some ancient god. Your thoughts now flow into virtual platforms at the tips of your fingers. You are auguring, laughing flustering joking. But reality around you is a silent desert.

You cannot free yourself from the control of artificial environments. Ritual is omnipresent. It is no longer restricted to sacrifice, sermon, mass, concert, or game performed on a central stage where the classical unities hold. Ritual itself is evolving, turning into distributed cloud computing, evenly spread out to every nook and cranny of your daily life. Sensors know everything and regulate the temperature, humidity, air currents and light around you; adjust your heart rate, hormonal balance, sexual arousal, mood. Artificial intelligence is a god: your think it is there for your welfare bringing you new opportunities, but you’ve become the egg in the incubator, the marionette attached to wires. Every second of every minute of every day, you are the sacrifice that completes the unending grand ritual. You are the ritual.

Radical thinkers obsess wove how to withdraw from all this. The power of ritual comes from repetition, not its content. Day after day, the repetition of poses and movements gradually seeps into the depth of consciousness like a hard drive’s read-write-head repeatedly tracing the patterns of an idea, until the idea becomes indistinguishable from free will itself…Romantic love is ritual’s most loyal consumer along with patriotism. The radicals try to imitate the Luddites of old [but]…the only thing that can be done is nothing.

The Assange Arrest is a Warning from History

The glimpse of Julian Assange being dragged from the Ecuadorean embassy in London is an emblem of the times. Might against right. Muscle against the law. Indecency against courage. Six policemen manhandled a sick journalist, his eyes wincing against his first natural light in  almost seven years.

That this outrage happened in the heart of London, in the land of Magna Carta, ought to shame and anger all who fear for “democratic” societies. Assange is a political refugee protected by international law, the recipient of asylum under a strict covenant to which Britain is a signatory. The United Nations made this clear in the legal ruling of its Working Party on Arbitrary Detention.

But to hell with that. Let the thugs go in. Directed by the quasi fascists in Trump’s Washington, in league with Ecuador’s Lenin Moreno, a Latin American Judas and liar seeking to disguise his rancid regime, the British elite abandoned its last imperial myth: that of fairness and justice.

Imagine Tony Blair dragged from his multi-million pound Georgian home in Connaught Square, London, in handcuffs, for onward dispatch to the dock in The Hague. By the standard of Nuremberg, Blair’s “paramount crime” is the deaths of a million Iraqis. Assange’s crime is journalism: holding the rapacious to account, exposing their lies and empowering people all over the world with truth.

The shocking arrest of Assange carries a warning for all who, as Oscar Wilde wrote, “sow the seeds of discontent [without which] there would be no advance towards civilisation”. The warning is explicit towards journalists. What happened to the founder and editor of WikiLeaks can happen to you on a newspaper, you in a TV studio, you on radio, you running a podcast.

Assange’s principal media tormentor, The Guardian, a collaborator with the secret state, displayed its nervousness this week with an editorial that scaled new weasel heights. The Guardian has exploited the work of Assange and WikiLeaks in what its previous editor called “the greatest scoop of the last 30 years”. The paper creamed off WikiLeaks’ revelations and claimed the accolades and riches that came with them.

With not a penny going to Julian Assange or to WikiLeaks, a hyped Guardian book led to a lucrative Hollywood movie. The book’s authors, Luke Harding and David Leigh, turned on their source, abused him and disclosed the secret password Assange had given the paper in confidence, which was designed to protect a digital file containing leaked US embassy cables.

With Assange now trapped in the Ecuadorean embassy, Harding joined the police outside and gloated on his blog that “Scotland Yard may get the last laugh”. The Guardian has since published a series of falsehoods about Assange, not least a discredited claim that a group of Russians and Trump’s man, Paul Manafort, had visited Assange in the embassy. The meetings never happened; it was fake.

But the tone has now changed. “The Assange case is a morally tangled web,” the paper opined. “He (Assange) believes in publishing things that should not be published…. But he has always shone a light on things that should never have been hidden.”

These “things” are the truth about the homicidal way America conducts its colonial wars, the lies of the British Foreign Office in its denial of rights to vulnerable people, such as the Chagos Islanders, the expose of Hillary Clinton as a backer and beneficiary of jihadism in the Middle East, the detailed description of American ambassadors of how the governments in Syria and Venezuela might be overthrown, and much more. It all available on the WikiLeaks site.

The Guardian is understandably nervous. Secret policemen have already visited the newspaper and demanded and got the ritual destruction of a hard drive.  On this, the paper has form. In 1983, a Foreign Office clerk, Sarah Tisdall, leaked British Government documents showing when American cruise nuclear weapons would arrive in Europe. The Guardian was showered with praise.

When a court order demanded to know the source, instead of the editor going to prison on a fundamental principle of protecting a source, Tisdall was betrayed, prosecuted and served six months.

If Assange is extradited to America for publishing what the Guardian calls truthful “things”, what is to stop the current editor, Katherine Viner, following him, or the previous editor, Alan Rusbridger, or the prolific propagandist Luke Harding?

What is to stop the editors of the New York Times and the Washington Post, who also published morsels of the truth that originated with WikiLeaks, and the editor of El Pais in Spain, and Der Spiegel in Germany and the Sydney Morning Herald in Australia. The list is long.

David McCraw, lead lawyer of the New York Times, wrote: “I think the prosecution [of Assange] would be a very, very bad precedent for publishers… from everything I know, he’s sort of in a classic publisher’s position and the law would have a very hard time distinguishing between the New York Times and WilLeaks.”

Even if journalists who published WikiLeaks’ leaks are not summoned by an American grand jury, the intimidation of Julian Assange and Chelsea Manning will be enough. Real journalism is being criminalised by thugs in plain sight. Dissent has become an indulgence.

In Australia, the current America-besotted government is prosecuting two whistle-blowers who revealed that Canberra’s spooks bugged the cabinet meetings of the new government of East Timor for the express purpose of cheating the tiny, impoverished nation out of its proper share of the oil and gas resources in the Timor Sea. Their trial will be held in secret. The Australian prime minister, Scott Morrison, is infamous for his part in setting up concentration camps for refugees on the Pacific islands of Nauru and Manus, where children self harm and suicide. In 2014, Morrison proposed mass detention camps for 30,000 people.

Real journalism is the enemy of these disgraces. A decade ago, the Ministry of Defence in London produced a secret document which described the “principal threats” to public order as threefold: terrorists, Russian spies and investigative journalists. The latter was designated the major threat.

The document was duly leaked to WikiLeaks, which published it. “We had no choice,” Assange told me. “It’s very simple. People have a right to know and a right to question and challenge power. That’s true democracy.”

What if Assange and Manning and others in their wake – if there are others – are silenced and “the right to know and question and challenge” is taken away?

In the 1970s, I met Leni Reifenstahl, close friend of Adolf Hitler, whose films helped cast the Nazi spell over Germany.

She told me that the message in her films, the propaganda, was dependent not on “orders from above” but on what she called the “submissive void” of the public.

“Did this submissive void include the liberal, educated bourgeoisie?” I asked her.

“Of course,” she said, “especially the intelligentsia…. When people no longer ask serious questions, they are submissive and malleable. Anything can happen.”

And did.

The rest, she might have added, is history.

The Prosecution Of Julian Assange Is A Threat To Journalists Everywhere

Supporters of Julian Assange gather outside Westminster Court after Assange’s arrest (Photo by WIktor Szymanowicz for AFP-NurPhoto)

Take action to protect Julian AssangeClick here to read about what you can do.

Support the Embassy Protection Collective. The United States is recognizing its fake coup president, Juan Guaido, in Venezuela and we understand that his people will try to take over the Venezuelan embassy in Washington, DC when the current diplomats leave. We and others are staying at the embassy to protect it from the opposition. Follow us on Facebook here. And please donate if you can to purchase food and supplies for people staying at the embassy.

The arrest of Julian Assange not only puts the free press in the United States at risk, it puts any reporters who expose US crimes anywhere in the world at risk. As Pepe Escobar wrote

Let’s cut to the chase. Julian Assange is not a US citizen, he’s an Australian. WikiLeaks is not a US-based media organization. If the US government gets Assange extradited, prosecuted and incarcerated, it will legitimize its right to go after anyone, anyhow, anywhere, anytime.

The Assange prosecution requires us to build a global movement to not only free Julian Assange, but to protect the world from the crimes and corruption of the United States and other governments. The reality is that Freedom of Press for the 21st Century is on trial.

There are many opportunities for a movement to impact the outcome of this process and to free Julian Assange.  The extradition process includes political decisions by both the UK and US governments. Courts are impacted by public opinion. If courts are convinced this case is about political issues, extradition could be rejected.

WikiLeaks founder Julian Assange is seen after was arrested by British police outside Westminster in a police van on his way to Magistrates Court in London, Britain April 11, 2019 (Photo by Peter Nicholls for Reuters)

Next Steps, Next Opportunities

Last week’s arrest begins the next phase of Assange’s defense as well as the defense of our right to know what governments do in our name. It may seem like this is now a matter only for the courts, but, in fact, the prosecution of Assange is political. The extradition case is not a hacking case, as the US is trying to present it; it is a prosecution about exposing war crimes, corporate corruption of US foreign policy and other violations of law by the United States and its allies. The government is trying to change the subject to avoid the facts that Assange exposed.

In fact, the indictment does not even allege hacking. As Glenn Greenwald writes: “the indictment alleges no such thing. Rather, it simply accuses Assange of trying to help Manning log into the Defense Department’s computers using a different username so that she could maintain her anonymity.” Assange lawyer Barry Pollack described why journalists everywhere are threatened: “The factual allegations … boil down to encouraging a source to provide him information and taking efforts to protect the identity of that source. Journalists around the world should be deeply troubled by these unprecedented criminal charges.”

The extradition process is likely to last months, most likely more than a year. The Assange case could go into 2020 or beyond. Issues that could prevent extradition include Assange’s health conditions, human rights concerns, and whether there is a political motivation behind the US request. Not only can Assange appeal through the UK courts, but he may also appeal to the European Court of Human Rights.

While we should not limit our mobilizations to legal filings, hearings, appeals and administrative decisions, those are all opportunities to educate and mobilize people. The next court date on the extradition will be a preliminary hearing on May 2 where Assange will appear by video link.  Next, the United States must produce its case for requesting the extradition of Julian Assange from Britain by June 12.

These are just initial steps. Lawfare reports, “It may be years before Assange sees the inside of a U.S. courtroom. The initial Swedish request to extradite Assange from the U.K. came in November 2010. Assange successfully slowed the process until June 2012.”

Lawfare also points to the case of Lauri Love, who faced extradition for hacking US government computers. It took three years for the extradition case, and then Love raised health issues that would be impacted by a long sentence and  two years later, he won on appeal with the court ruling it would be “oppressive to his physical and mental condition.” Assange has also developed health issues over the last seven years of living in the Ecuadorian embassy.

Then, there is the case of another British hacker, Gary McKinnon, who was indicted in 2002. The extradition proceedings dragged on for a decade. In the end, then-Home Secretary Theresa May, withdrew the extradition order because of McKinnon’s diagnosis of Asperger’s syndrome and depression: “Mr. McKinnon’s extradition would give rise to such a high risk of him ending his life that a decision to extradite would be incompatible with Mr. McKinnon’s human rights.”

That’s right, in one case the court ruled against extradition due to health issues, and the other, Theresa May (yes, the current prime minister) withdrew the extradition due to health reasons. Beyond health, there are other issues that could be persuasive in Assange’s case.

Someone cannot be extradited from the United Kingdom if the extradition is for “political purposes.” The US Department of Justice has tried to avoid the obvious politics of Assange’s case by alleging in the indictment that it is a hacking case. In reality, and everyone knows this reality, Assange is being prosecuted because he exposed war crimes including the wanton killing of journalists and civilians in Iraq and Afghanistan, the violation of human rights in Guantanamo Bay and the corruption of US foreign policy by transnational corporations. These are the big elephants in the room that the United States is trying to hide.

The U.S. prison system is seen around the world as inhumane. The UN Committee against Torture issued a report strongly criticizing the US prisons on a number of issues, among them torture and the extensive use of solitary confinement. The U.S .uses long-term solitary more than any other country in the world, on any given day, at least 80,000 people are held in solitary confinement in the US. The US holds political prisoners in long-term solitary confinement as demonstrated by the imprisonment of black liberation activists who were held in solitary for decades. And whistleblowers have been held in solitary as was Chelsea Manning during her prosecution, including her most recent incarceration for refusing to testify before the grand jury investigating Assange. The European Court of Human Rights has prevented extradition to the U.S. from the U.K .in a case involving an alleged terrorist because of inhumane prison conditions.

The US put forward a flimsy indictment that even on its face did not prove the allegation of assisting Manning with the password to access secret documents. The US put forward this weak and relatively mild charge probably to make extradition easier. They sought to avoid the political issue, which could have stopped the extradition. But, they are skirting extradition law with this approach, and if they hit Assange with a superseding indictment when he is extradited, it would be a violation of the doctrine of specialty, which means a person can only face trial for offenses presented to justify that extradition.

Assange on steps of High Court in London, December 2010 (Photo by Stefan Wermuth for Reuters)

The Politics of the Assange Prosecution

The reality of the Assange prosecution being about his journalism is obvious to all. Those in the media making the claim that this is about hacking, know they are stretching the truth in order to side with the U.S. government. People should know media that make this claim cannot be trusted to report the truth.

The editor of White House Watch, Dan Froomkin, pulls the thin veil off of this lie writing: “Julian #Assange has been charged with conspiracy to commit journalism. The free press has not ducked a bullet here; it’s taken one to the chest.” The Assange prosecution is about the criminalization of journalism. The Committee to Protect Journalists writes, the indictment would “criminalize normal journalistic activities.” This obvious truth will become more evident as the case proceeds and the movement educates the public and mobilizes support to free Assange.

Already, in USA Today, Jonathan Turley clarified what the prosecution is really about: “WikiLeaks founder Julian Assange will be punished for embarrassing the DC establishment.” The “embarrassment” really is complicity against crimes that in an effective international judicial system would result in prosecution of US officials and members of the US military who committed them. And in a US justice system that sought justice, there would have been prosecutions of members of the military for torture and of lawyers providing legal cover for these actions.

The US election season is upon us and this presents opportunities for mobilization and making Assange’s case an election issue. One presidential candidate seeking the Democratic nomination, Tulsi Gabbard, has already come out against extradition. More candidates need to be urged to oppose extradition.

Candidates can be pressured from the outside as well. Green candidate, Howie Hawkins already wrote that he opposes extradition and urges people to defend Freedom of the Press. Hawkins is in the exploratory phase of a potential campaign. The Green Party has also published a statement that “unequivocally condemns the arrest of Julian Assange and calls for his immediate release.”

President Trump has kept his options open. Trump said in the Oval Office, that he “knows nothing” about the prosecution and “It’s not my thing.” Sean Hannity, a Trump media cheerleader has offered to let Assange host his show and reach his 15 million viewers. Assange is a wedge issue that divides Trump loyalists.

If the movement does its job and builds a national consensus against the prosecution of a publisher for reporting the truth, Trump may side with those in his voting base that is against extradition; and the leading Democratic candidates may also come out against prosecution and to protect a free press that reports crimes of the US government.

In the United Kingdom, things are in flux as well. While the next election is scheduled for 2022, the government is ever closer to being forced to hold an election as it is trapped in a Brexit quandary and showing its inability to govern. Jeremy Corbyn has already said, “The extradition of Julian Assange to the US for exposing evidence of atrocities in Iraq and Afghanistan should be opposed by the British government.” Diane Abbott, the Shadow Home Secretary, said Assange should not be extradited: “It is this whistleblowing into illegal wars, mass murder, murder of civilians and corruption on a grand scale, that has put Julian Assange in the crosshairs of the US administration.” In the end, a new government could end the extradition as the Home Secretary can choose to reject the extradition.

There are also international politics impacted by the Assange prosecution. Assange’s lawyer Jen Robinson said “extradition will set a very dangerous precedent for all media organizations and journalists around the world.” This precedent means that any journalist can be extradited for prosecution in the United States for having published truthful information about the United States,

The US is seeking to prosecute a foreign reporter, working from a foreign country about US war crimes. What would happen if a US reporter wrote about crimes in a foreign country? Could that country prosecute a US journalist? That is the precedent the US is setting. And, how hypocritical for the US to seek to prosecute a foreign journalist in the same week that the US celebrated evading an investigation by the International Criminal Court of alleged US war crimes in Afghanistan.

Free Assange protest outside of British Embassy in Washington DC from News2Share.com

Free Assange Campaign Will Be A Global Campaign For The Right To Know

At least five times, the UN, through various committees and special rapporteurs, has called on Assange not to be prosecuted or extradited to the United States. A campaign to stop the prosecution of Assange will build into a global movement because the US has created chaos and havoc around the world, and has killed more than a million people this century and made many millions into refugees.

The people of the world are impacted by the actions of the United States and they have a right to know what the United States is doing. The people of the US are told we live in a democracy, but there can be no democracy when the people are not allowed to know what the government is doing in our name.

Protests occurred immediately on the day Assange was arrested and continued this weekend. We have started a campaign to Free Assange. As people understand the dramatic implications of this prosecution, protests will grow. Daniel Ellsberg described this unprecedented prosecution as a threat to the future of the republic and said it was time “to join ranks here now to expose and resist the wrongful–and in this country unconstitutional–abuse of our laws to silence journalists.”

In court, Assange showed his defiance of the national security state, which seeks to destroy him, by sitting calmly in the dock, reading Gore Vidal’s History of the National Security State and holding it up obviously to give everyone in court a view.  We must be in solidarity with that defiance and build the campaign that is needed to free Julian Assange.

UK Media, MPs Unveil Latest Assange Deception

In my last blog post, I warned that the media and political class would continue with their long-running deceptions about Julian Assange now that he has been dragged from the Ecuadorean embassy. They have wasted no time in proving me right.

The first thrust in their campaign of deceit was set out on the Guardian’s front page today.

There should have been wall-to-wall outrage from public figures in the UK at the United States creating a new crime of “doing journalism” and a new means of arrest for those committing this “crime” overseas, what I have termed “media rendition”.

Remember that all of the information contained in the US charge sheet against Assange – the supposed grounds for his extradition – were known to the previous Obama administration as far back as 2010. But Barack Obama never dared approve the current charges against Assange because legally there was no way to stop them being turned against “respectable” journalists, like those at the New York Times, the Washington Post and the Guardian.

This was the same Obama administration that had the worst record ever for prosecuting whistleblowers. Obama was no friend to investigative journalism but he understood that it would be unwise to so overtly subvert the notion of a free western press.

That the Trump administration has cast all this aside to get Assange behind bars should have every journalist in the world quaking in their boots, and loudly decrying what the US is seeking to do.

And yet the reaction has been either quiet acceptance of the US extradition request as a simple law enforcement measure or gentle mockery of Assange – that the scruffy outlaw dragged from the embassy was looking even scruffier after seven years of extreme house arrest and “arbitrary detention”. What a laugh!

Now we can see how the media is going to collude in a narrative crafted by the political class to legitimise what the Trump administration is doing.

Rather than focus on the gross violation of Assange’s fundamental human rights, the wider assault on press freedoms and the attack on Americans’ First Amendment Rights, UK politicians are “debating” whether the US extradition claim on Assange should take priority over earlier Swedish extradition proceedings for a sexual assault investigation that were publicly dropped back in 2017.

In other words, the public conversation in the UK, sympathetically reported by the Guardian, supposedly Britain’s only major liberal news outlet, is going to be about who has first dibs on Assange.

Here’s the first paragraph of the Guardian front-page article:

Political pressure is mounting on [Home Secretary] Sajid Javid to prioritise action that would allow Julian Assange to be extradited to Sweden, amid concerns that US charges relating to Wikileaks’ activities risked overshadowing longstanding allegations of rape.

So the concern is not that Assange is facing rendition to the US, it is that the US claim might “overshadow” an outstanding legal case in Sweden.

The 70 MPs who signed the letter to Javid hope to kill two birds with one stone.

First, they are legitimising the discourse of the Trump administration. This is no longer about an illegitimate US extradition request on Assange we should all be loudly protesting. It is a competition between two legal claims, and a debate about which one should find legal remedy first.

It weighs a woman’s sexual assault allegation against Assange and Wikileaks’ exposure of war crimes committed by the US military in Iraq and Afghanistan. It suggests that both are in the same category, that they are similar potential crimes.

But there should only be one response to the US extradition claim on Assange. That it is entirely illegitimate. No debate. Anything less, any equivocation is to collude in the Trump administration’s narrative.

The Swedish claim, if it is revived, is an entirely separate matter.

That the Guardian and the MPs are connecting the two should come as no surprise.

In another article on Assange on Friday, the Guardian – echoing a common media refrain – reported as fact a demonstrably false claim: “Assange initially took refuge in the Ecuadorian embassy to avoid extradition to Sweden.”

There could be no possible reason for its reporters to make this elementary mistake other than that the Guardian is still waging its long-running campaign against Assange, the information revolution he represents and the challenge he poses to the corporate media of which the Guardian is a key part.

Assange and Wikileaks always said that he entered the embassy to claim political asylum so as to avoid extradition on to the US.

For seven years the political and media establishments have been deriding the suggestion that Assange faced any threat from the US, despite the mounting private and public evidence that he did. Assange again has been proved conclusively right by current events, and they decisively wrong.

The Guardian knows that Assange did not need political asylum to avoid a sex case. So reporting this not as a claim by his detractors but as an indisputable fact is simple, Trump-supporting propaganda meant to discredit Assange – propaganda that happily treats any damage to the cause of journalism as collateral damage.

Second, the only major politicians prepared to highlight the threats to Assange’s personal rights and wider press freedoms posed by the US extradition request are opposition Labour leader Jeremy Corbyn and his ally, Diane Abbott, the Labour shadow home secretary.

They have rightly noted that the US is using the extradition demand to silence Assange and intimidate any other journalists who might think about digging up evidence of the crimes committed by the US national security state.

Abbott commented on Friday that Assange’s current arrest was not about “the rape charges, serious as they are, it is about WikiLeaks and all of that embarrassing information about the activities of the American military and security services that was made public.”

Abbott has faced a storm of criticism for her statement, accused of not giving enough weight to the Swedish case. In fact, her only mistake was to give it more weight than it currently deserves. She spoke of “rape charges”, but there are, in fact, no such charges. (Additionally, although the case is classed broadly as a rape allegation in Sweden, in the UK it would be classed at most as sexual assault. Forgotten too is that the evidence was considered too weak by the original prosecutor to bring any charges, Assange was allowed to leave Sweden and the investigation was dropped.)

Rather, Assange was previously wanted for questioning, and has never been charged with anything. If the Swedish extradition request is revived, it will be so that he can be questioned about those allegations. I should also point out, as almost no one else is, that Assange did not “flee” questioning. He offered Swedish prosecutors to question him at the embassy.

Even though questioning overseas in extradition cases is common – Sweden has done it dozens of times – Sweden repeatedly refused in Assange’s case, leading the Swedish appeal court to criticise the prosecutors. When he was finally questioned after four years of delays, Swedish prosecutors violated his rights by refusing access to his Swedish lawyer.

Further, the MPs and media getting exercised that Assange “took refuge in the Ecuadorian embassy to avoid extradition to Sweden” are forgetting that he did not object to extradition as long as he received a promise that he would not then be extradited on to the US. Sweden refused to offer such assurances. We can now see only too clearly that Assange had every reason to insist on such assurances.

I don’t have space here to analyse the Swedish case on this occasion (that’s maybe for another time), though it is worth briefly noting that most of the problematic details of the case have been disappeared down the memory hole.

Given that the political and media class are still speaking in terms of “charges”, rather than questions about allegations, we should recall that there were glaring problems with the evidence in the Swedish case. Not least, the key piece of evidence against Assange – a torn condom produced by the woman – was found to contain not a trace of DNA from either Assange or from her.

Those at the forefront of the attacks on Abbott and Corbyn, echoed by the Guardian, are the same Blairite Labour MPs who have been trying to oust Corbyn as Labour party leader, despite his twice being elected overwhelmingly by the membership.

These MPs, who dominate the Labour parliamentary party, have spent the past four years focusing on smears that Labour is “institutionally anti-semitic” in an obvious effort to terminally wound Corbyn. Now they have found another possible route to achieve the same end.

They are suggesting that Corbyn and Abbott are disregarding the Swedish woman’s right to justice. The clear subtext of their arguments is that the pair are rape apologists.

As I have pointed out, Abbott has actually overstated the current status of the Swedish case, not sidelined it at all.

But what Corbyn and Abbott have done is to make a clear political, legal and moral demarcation between the Swedish case, which must be resolved according to accepted legal principles, and the US extradition, which has no legal or moral merit whatsoever.

What these UK MPs and the Guardian have done in this front-page story is muddy the waters yet further, with enthusiastic disregard for the damage it might do to Assange’s rights, to Corbyn’s leadership and to the future of truth-telling journalism.

Ecuador’s Agenda: Squeezing and Surrendering Assange

It is perhaps typical in a time where a star of the fleshy celluloid wonder Baywatch, heavy in bust and known for her sexual adventures, should feature as a political voice.  Pamela Anderson’s views are treated with judicious seriousness – at least in some quarters.  Her association with Julian Assange has given needless room for columns on what, exactly, their relationship constitutes.

Having such defenders as Anderson has added to his conspicuous support base, but it will not move those bureaucrats who are chewing pens in anticipation and pondering options as to how best to eject him from the Ecuadorean embassy (compound would be more fitting) in London.  Easily missed amidst the titter of celebrity gossip is the plight of an ailing Assange, who is facing the next critical stage of his stay at the Ecuadorean embassy.

Since the changing of the guard in Ecuador, President Lenín Moreno has shown a warmer feeling towards the United States, and a desire to raise the issue of Assange’s stay in the embassy with US Vice President Mike Pence with the urgency of man desiring to be rid of a problem.  The UK government has also been brought into the mix.  The forces against Assange are marshalling themselves with a renewed impatience.

A squeeze evidently designed to break the will of WikiLeaks’ publisher-in-chief was commenced in March, with a change of the embassy’s Wi-Fi password effectively blocking his use of the Internet.  Phone calls and visitations have also been curtailed.  The bill of Ecuadorean hospitality, if it can be termed that, also became a subject of discussion – some $5 million expended on security and Assange’s various activities.  Attitudes to a troublesome guest have hardened.

The press circuit has increasingly thickened in recent days with speculation about a round of high-tier discussions being conducted by Ecuador and the UK government on Assange.  The Ecuadorean paper El Comercio has remarked upon the talks.  It was a turn that was unsurprising, with Moreno unimpressed by Assange’s feats and credentials, the Australian being viewed back in January as an “inherited problem” who had created “more than a nuisance” for his government.

According to Glenn Greenwald, the report that those discussions did more than touch on the matter of handing Assange over to UK authorities “appears to be true”. This might trigger an indictment from US authorities and possible extradition proceedings, a point made acute by the promise of US Attorney-General Jeff Sessions back in April to “seek to put some people in jail”, with Assange’s “arrest” being a priority.  “Can’t wait to see,” quipped Greenwald, “how many fake press freedom defenders support that.”

RT’s editor-in-chief Margarita Simonyan smells that something nasty is brewing.  “My sources tell [Julian] Assange will be handed over to Britain in the coming weeks or even days.  Like never before, I wish my sources were wrong.”

That particular process, it would seem, is being headed by Sir Alan Duncan of the Foreign Office, the same individual who had an impulse back in March to call Assange that “miserable little worm” before fellow parliamentarians.

The line that Assange has been in arbitrary detention has never quite cut it in Duncan’s circles and he has been dangling a carrot with spectacular condescension. “It is our wish,” he told Parliament last month, “that this can be brought to an end and we’d like to make the assurance that if [Assange] were to step out of the embassy, he would be treated humanely and properly and that the first priority would be to look after his health, which we think is deteriorating.”

Such comments are always rounded up by that fanciful notion that Assange is “in the embassy of his own choice”.  That line on inventive volition was reiterated by Britain’s new foreign secretary Jeremy Hunt, who issued a statement of praise for Britain as “a country of due process” keen to see that Assange “face justice for those [serious] charges”: “At any time he wants to he is free to walk out onto the street of Knightsbridge and the British police will have a warm welcome for him.”

Such grotesquely insincere concerns about health, fashioned as a weapon and an incentive by Duncan, would be academic should Assange find himself on the dismal road to US custody, where promises of a firm and icy welcome have been made.  He would be merely nourished and fattened for a notoriously cruel prison system, analogous to the doctor healing a person on death row.

Anderson herself makes the relevant point about her urgent advocacy for Assange. “My role is to let people know that he’s a human being and not just a robot or a computer, and that he’s really sacrificing a lot for all of us.  He hasn’t seen sunlight in six years.  His skin is transparent.”

In what is nothing less than a war about what we can see, know and interpret, those who wish to preserve the traditional models of power and the clandestine state remain adamant: Assange is a trouble maker who must disappear.

Democrats Against Assange: Influencing US-Ecuador Relations

Such a historical twist, but one that deserves its iniquitous slot in the history books.  No secret has been made about US policy towards Julian Assange and WikiLeaks, which continues its trajectory to seek his apprehension and shutter the organisation.  Despite its cables being used for political effect by interested parties; despite the exposures of corruption within the ranks of US politics, Assange is to be thanked with punishment.

This is the sentiment expressed by Senator Robert Menendez, the ranking Democrat on the Senate Foreign Relations Committee, along with nine other Democratic senators, in a letter to US Vice President Mike Pence.  The senators had been losing sleep after getting wind of what was said, or rather not said, in a June 4 phone call between Pence and Ecuadorean President Lenín Moreno. One glaring omission troubled them: the absence of any discussion about Assange’s asylum status and stay in the Ecuadorean embassy in London.

Ahead of Pence’s meeting with Moreno this week, the senators wished to press the matter:

As the United States is still seeking clarity about the full extent of Russian intervention in our elections and Russian interference in elections across the world, it is imperative that you raise US concerns with President Moreno about Ecuador’s continued support for Mr. Assange at a time when WikiLeaks continues its efforts to undermine democratic processes globally.

This is a fine take, if dizzyingly inaccurate: WikiLeaks as the great undermining force of democratic states, worrying politicians in the United States who have enthusiastically backed the imperial project of overthrowing democratically elected governments. But slotting Assange, Putin and electoral interference in the same line is bound to have its emotive effect on politicians obsessed with government secrecy.

The charges tend to muddle the broader political landscape, but the intention in the letter is to paint Assange as an architect of discord, comfortably wading in the politics of other states.  That such muck racking is often no more than releasing documents casting a different light on traditional politics is beside the point; Assange interfered in revealing the hidden whispers and clandestine reflections.  Other scenes of engagement are also noted: the French presidential election, and the Spanish referendum on Catalan independence.

What the letter omits to say is that the current US president has expressed his delight at various nuggets he has received from the WikiLeaks trove.

I simply state what he states, it is for the people… to make up their own minds as to the truth.  The media lies to make it look like I am against ‘Intelligence’ when in fact I am a big fan!

The specific reading advanced by the Democrats builds upon the stance that Assange as a radical transparency vigilante must be potted.  It regurgitates, in uncritical form, the designation by former CIA director Mike Pompeo that WikiLeaks was a “non-hostile intelligence service often abetted by state actors like Russia.”  It makes the facile link between WikiLeaks and Russia’s Main Intelligence Directorate (GRU) in suggesting that the publishing outfit was used “to release hacked information in order to influence… the 2016 US Presidential election.” (Use here is conflated with manipulation, collusion, and conspiracy.)

The content, and veracity of such material, is deemed irrelevant.  And rather than being content with his arbitrary detention in Ecuador’s embassy compound in London, as found by the UN Working Group on Arbitrary Detention, there is a desire to take the next step.

As for the meeting with Ecuador’s Moreno, the White House was short if vaguely ominous:

The Vice President raised the issue of Mr Assange.  It was a constructive conversation. They agreed to remain in close coordination on potential next steps going forward.

The Senators’ letter also made the observation that US-Ecuador relations for the last decade had been “marked by unfortunate tensions.  However, under President Lenín Moreno’s leadership, there is a unique opportunity to reverse this trend.”  A change presented itself now to “forge a new chapter in longstanding relations with the United States and Ecuador built on shared values, and address remaining challenges between our countries.”

Too much bad blood exists within the Democratic camp about Assange, who has become a proxy hate figure for a party that bungled the US presidential elections in 2016.  A steadfast refusal to accept the result, not to mention the inadequacies of their candidate where it most mattered permeates through the Mueller investigation and Russia Gate, all tied together by a bow of grievance.

A note from Harry Cheadle writing for Vice in the lead up to the 2016 election is instructive in painting the picture that emerged from the DNC-Podesta trove released by WikiLeaks. The emails portrayed an “organization that is contemptuous of opposition, often obsessed with how an issue is perceived, and yet sometimes prone to decisions that seem self-defeating and dance on the knife edge of political disaster.”  The chickens, notably of the socialist variety, are vengefully coming back to roost.

Scratching for ideas and options in ambushing President Donald Trump, it is clear that the senators have latched on to the next best thing: revoking the political status of a man with no internet access who will be arrested the moment he steps out of the embassy door. How fittingly democratic of them.

Assange, Judge Arbuthnot and the Arrest Warrant

Justice is an elastic concept.  Like other terms in law, it has room to expand and contract.  But one weakness burdens legal strictures that supposedly have an objective reality to them: power.  Power brutish, power as a spectral force, and power arbitrarily exercised.

Any reading of Julian Assange’s case must be, to that end, understood as a dynamic less of law than power.  Having challenged its operations in the international system, he was bound to be its recipient.  In assessing his conditions of detention on the Ecuadorean embassy in London, black letter lawyers prefer an interpretation without the influence of power, clean and clear.  Focus is had on individual volition and purpose: up stakes, Assange, and face the legal music!  That music remains the score sheet of a warrant for his arrest.

Such reasoning is woefully inadequate given the feathers the man has rustled.  A number of states, the United States most preeminent amongst them, has demanded his pound of flesh.  Mike Pompeo of the Central Intelligence Agency has admitted with refreshing candour how US authorities are considering avenues on prosecuting Assange and those associated with WikiLeaks.

Having soiled many a stable with the work of WikiLeaks and disclosures of classified information, treating Assange as a minor offender, one merely deserving of a parking ticket, is entirely erroneous.  But it is a view that persists, even after the collapse of the Swedish case against him.

Chief Magistrate Emma Arbuthnot, taking a view shared by many members of her profession, proved inelastic in assessing Assange’s appeal against the arrest warrant.  She did not, for instance, feel that the UN Working Group on Arbitrary Detention had much truck in its 2016 decision favourable to him.

Assange, she was more or less surmising, was an unconscionable brat, a person who believed laws insufficient to bind him.  “I find arrest is a proportionate response even though Mr Assange has restricted his own freedom for a number of years.”  The arch manipulator had to come clean and descend from his Olympus.

“The impression I have, and this may well be dispelled if and when Mr Assange finally appears in court, is that he is a man who wants to impose his terms on the course of justice.  He appears to consider himself above the normal rules of law and wants justice only if it goes in his favour.”

Some observers were not immune to the sense that the judge had gotten personal.  Rather than focusing on the finer points of the ruling, a moral assessment was in order. “At times,” went ABC correspondent Lisa Millar, “it felt like a character assessment that went beyond what was needed for this ruling.”

The only way Judge Arbuthnot could understand Assange’s case was like any other defendant, an understanding both flawed and naïve.  “Defendants on bail up and down the country and requested persons facing extradition, come to court to face the consequences of their own choices.  He should have the courage to do so.”

The problem with this reasoning is that the “choices” in question have been shown to be thinly manipulated grounds, notably those centred on a prosecutor’s brief from Sweden that was pursued till it expired with time.  At no point was Assange ever charged for sexual offences, a niggling point that the righteous followers of positive law forget.

When concessions were finally made to interview him in the Ecuadorean embassy on his Swedish sojourn, nothing of substance emerged. What did, however, lurk with sinister force was the role played by British authorities to prolong the matter.

It is beside the point that Assange may leave his confines at any time.  But removing a police presence before a minefield doesn’t remove the mines.  He may well walk out and face the heralds of law.  But the issue of skipping bail is not a stand-alone matter of legal delinquency. The grounds for extraditing him to Sweden have evaporated, making the issue academic. What remains is the prospect of surrender to the United States, a point that is far from negligible.

None of this matters to the judge, who decided she knew geopolitical malice, or issues of trust, better than most. “I do not accept that Sweden would have rendered Mr Assange to the United States.”

A good dose of speculation followed.  “If that had happened there would have been a diplomatic crisis between the UK, Sweden and the US, which would have affected international relationships and extradition proceedings between states.”

Not in the least.  What all three states have demonstrated are strong ties in terms of extradition, common grounds when it comes to dealing with international trouble makers.  The Lauri Love decision does, admittedly, offer some room for hackers and those of Assange’s ilk to avoid the fate of ending up in the US prison system.

Far from precipitating a crisis, rendering Assange or extraditing him would have been seen as the ridding of a problem, removing a chaos maker, as it were, from the already troubled soup of international relations.  Charmingly for such judicial officials as Judge Arbuthnot, the rule of law remains immune from political influence, despite scant evidence of its practice.

Lauri Love: Hacking and Extradition

Horse-trading determines who goes to jail and for how long.  That is what plea bargaining is.  It is not some adjunct to the criminal justice system; it is the criminal justice system.

— US Supreme Court Justice Kennedy (2012)

The February 5 decision of the British court refusing to permit the extradition of hactivist Lauri Love was more than an opinion. It was a reproach.  While a quiet confidence had been expressed that the decision would go his way, not permitting his extradition might also dint various trans-national security efforts.  Prosecutors were taking note.

Love had been accused of hacking into the systems of various US institutions: the FBI, NASA and the US Central Bank.  Such accusations were so grave as to endanger Love with a potential prison sentence of 99 years – provided the US authorities could convince the courts that extradition from the UK was warranted.

They were initially successful, convincing District Court Judge Tempia sitting at Westminster Magistrates’ Court that any harm Love might suffer was conjectural.  Despite being diagnosed with Asperger Syndrome, antibiotic resistant eczema and major depression, not to mention finding that Love was a high suicide risk, the 2016 ruling favoured extradition.  Love’s appeal was heard on November 29-30 by the Lord Chief Justice, Lord Burnett of Maldon and Mr Justice Ouseley.

US prosecutors do not take kindly to hactivists.  Aaron Schwartz, known for developing the RSS software undergirding the syndication of information on the Internet, remains one of the most notable, and tragic, casualties in this instance. What he faced was a weapon commonly used in such instances, the brutally all capturing Computer Fraud and Abuse Act of 1986.  His alleged crime was to have enabled free access to an academic website, JSTOR through the MIT computer network.  This anti-capitalist sin meant a possible fine of up to $1 million with a princely jail term of 35 years. Schwartz preferred suicide.

Supporters of Love preferred to focus on keeping the trial local, citing the case of Gary McKinnon, who was also pursued for computer hacking offences.  Attempts to seek McKinnon’s extradition failed due to the refusal by the then Home Secretary and current UK Prime Minister Theresa May, to do so.

“After careful consideration of all the relevant material,” May explained in October 2012, “I have concluded that Mr McKinnon’s extradition would give rise to such a high risk of him ending his life that a decision to extradite him would be incompatible with Mr McKinnon’s human rights.”  In light of that case, vulnerable defendants can make the claim for a forum bar, thereby preventing the extradition from going through in cases where it “would not be in the interests of justice”.

With all that said, adding the “forum bar” to the UK Extradition Act 2003 in 2013 did not alter the reluctance on the part of judges to prevent extradition requests on grounds of forum.  Prosecutorial wisdom, it seemed, was to be respected. They, the assumption went, would have a deeper sense of the facts.

Central to the entire process was the possibility that Love would, in reaching the United States, even have access to a fair trial.  Would he, for instance, be fit to plead?  The pre-trial detention facilities at the Metropolitan Correctional Centre, located in Manhattan, or the Metropolitan Detention Centre at Brooklyn were cited as inadequate in supplying mental health care.  This was even more significant given that Love has been found to be a suicide risk.

A crucial factor in the Love case was the absence of the prosecutor’s belief as to whether the United Kingdom was not the most appropriate forum to try the defendant.  Previous decisions had essentially deemed this a neutral matter.  As the High Court explained in Shaw v Government of the United States of America [2014] EWHC 4654 (Admin), “The judge has to ask whether there is a belief; but if there is not, then he cannot have any further ‘regard’ to this factor.”

The judges in Love’s case effectively repudiated this approach, claiming that the absence of prosecutorial belief on the subject of the appropriate forum was a more than telling factor in considering extradition.  Such “silence is a factor which tells in favour of the forum bar”.

The utterance sent legal analysts into a spin of speculation.  The absence of a prosecutor’s belief regarding the appropriateness of forum had certainly been a common practice.  The decision in Love, claimed Ben Lloyd, suggested that prosecutors had to show greater diligence in making their claim for extradition, certifying, for instance, that the UK was not appropriate. The lack of involvement of a domestic prosecutor, for instance, “could be taken as a factor in favour of the operation of the forum bar” (§34).

The judges did not stop there.  The lower court had, in their view, erred in not accepting the seriousness of the material supplied by Professor Kopelman, Emeritus Professor of Neuropsychiatry. According to that medical assessment, Love’s custody in the United States would be crippling.  “His ability to cope with the proceedings in the trial, to make rational decisions, and to give evidence in a satisfactory manner would be severely compromised.”

In the words of the judges,  “it is clear from the rest of his evidence that severely worsening depression, with the possible onset of psychotic imagery was exactly what Professor Kopelman anticipated” (§31). Such factors were more than mere conjectures.

Love also had a demonstrable connection to family and home.  “His entire wellbeing is bound with the presence of his parents.  This may now have been enhanced by the support of his girlfriend.  The significance of breaking those connections… demonstrates their strength” (§43).

Having been foiled in both the McKinnon case and that of Love, US prosecutors will have to identify different routes when nabbing their quarry.  Hacktivists weighed down by the baggage of mental health will prove a particularly difficult proposition.  The greatest challenge remains: convincing British judges of the suitability of a judicial forum beset by decline and ruin.