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Julian Assange’s Day in Court Chris Hedges

Published

11 months ago

February 21, 2024

And Our Flags Are Still There – by Mr. Fish

LONDON — By the afternoon the video link, which would have allowed Julian Assange to follow his final U.K. appeal to prevent his extradition, had been turned off. Julian, his attorneys said, was too ill to attend, too ill even to follow the court proceedings on a link, although it was possible he was no longer interested in sitting through another judicial lynching. The rectangular screen, tucked under the black wrought iron bars that enclosed the upper left hand corner balcony of the courtroom where Julian would have been caged as a defendant, was perhaps a metaphor for the emptiness of this long and convoluted judicial pantomime.

The arcane procedural rules — the lawyers in their curled blonde wigs and robes, the spectral figure of the two judges looking down on the court from their raised dais in their gray wigs and forked white collars, the burnished walnut paneled walls, the rows of lancet windows, the shelves on either side filled with law books in brown, green, red, crimson, blue and beige leather bindings, the defense lawyers, Edward Fitzgerald KC and Mark Summers KC, addressing the two judges, Dame Victoria Sharp and Justice Johnson, as “your lady” and “my lord” — were all dusty Victorian props employed in a modern Anglo-American show trial. It was a harbinger of a decrepit justice system that, subservient to state and corporate power, is designed to strip us of our rights by judicial fiat.

The physical and psychological disintegration of Julian, seven years trapped in the Ecuadorian Embassy in London and nearly five years held on remand in the high-security HM Prison Belmarsh, was always the point, what Nils Melzer the former U.N. Special Rapporteur on torture calls his “slow-motion execution.” Political leaders, and their echo chambers in the media, fall all over themselves to denounce the treatment of Alexei Navalny but say little when we do the same to Julian. The legal farce grinds forward like the interminable case of Jarndyce and Jarndyce in Charles Dickens’ novel Bleak House. It will probably grind on for a few more months — one can’t expect the Biden administration to add the extradition of Julian to all its other political woes. It may take months to issue a ruling, or grant one or two appeal requests, as Julian continues to waste away in HM Prison Belmarsh.

Julian’s nearly 15-year legal battle began in 2010 when WikiLeaks published classified military files from the wars in Iraq and Afghanistan — including footage showing a U.S. helicopter gunning down civilians, including two Reuters journalists in Baghdad. He took refuge in London’s Ecuadorian embassy, before being arrested by the Metropolitan Police in 2019 who were permitted by the Ecuadorian embassy to enter and seize him. He has been held for nearly five years in HM Prison Belmarsh.

Julian did not commit a crime. He is not a spy. He did not purloin classified documents. He did what we all do, although he did it in a far more important way. He published voluminous material, leaked to him by Chelsea Manning, which exposed U.S. war crimes, lies, corruption, torture and assassinations. He ripped back the veil to expose the murderous machinery of the U.S. empire.

The two-day hearing is Julian’s last chance to appeal the extradition decision made in 2022 by the then British home secretary, Priti Patel. On Wednesday the prosecution will make its arguments. If he is denied an appeal he can request the European Court of Human Rights (ECtHR) for a stay of execution under Rule 39, which is given in “exceptional circumstances” and “only where there is an imminent risk of irreparable harm.” But the British court may order Julian’s immediate extradition prior to a Rule 39 instruction or may decide to ignore a request from the ECtHR to allow Julian to have his case heard by the court.

District Judge Vanessa Baraitser in January 2021, at Westminster Magistrates’ Court, refused to authorize the extradition request. In her 132-page ruling, she found that there was a “substantial risk” Julian would commit suicide due to the severity of the conditions he would endure in the U.S. prison system. At the same time, she accepted all the charges leveled by the U.S. against Julian as being filed in good faith. She rejected the arguments that his case was politically motivated, that he would not get a fair trial in the U.S. and that his prosecution is an assault on the freedom of the press.

Baraitser’s decision was overturned after the U.S. government appealed to the High Court in London. Although the High Court accepted Baraitser’s conclusions about Julian’s “substantial risk” of suicide if he was subjected to certain conditions within a U.S. prison, it also accepted four assurances in U.S. Diplomatic Note no. 74, given to the court in February 2021, which promised Julian would be treated well. The “assurances” state that Julian will not be subject to Special Administrative Measure. They promise that Julian, an Australian citizen, can serve his sentence in Australia if the Australian government requests his extradition. They promise he will receive adequate clinical and psychological care. They promise that, pre-trial and post-trial, Julian will not be held in the Administrative Maximum Facility in Florence, Colorado.

The defense must convince the two judges that the District Judge made serious legal errors to see an appeal granted.

They argued that espionage is, as a matter of law, a political offense and that the extradition treaty with the U.S. prohibits extradition for political offenses. They focused on the extensive UK law, common law and international law that defines espionage as a “pure political offense” because it is directed against a state apparatus. For this reason, those charged with espionage should be protected from extradition. The lawyers spent a long time adjudicating the case of Chelsea Manning to justify her leak of documents that exposed war crimes as in the public interest, then arguing that if she was justified in leaking the documents Julian was justified in publishing them.

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As the day wore on it became evident that the two judges were not well versed in the case, constantly asking for citations and expressing surprise that senior officials in the U.S., such as Mike Pompeo when he was head of the CIA, said Julian would not be protected by the First Amendment in an American court because he was not a citizen. Julian’s lawyers brought up past espionage cases, such as that of MI5 agent David Shayler, prosecuted under the Official Secrets Act 1989 for passing secret documents to The Mail on Sunday in 1997 — which included the names of agents. He also disclosed that MI5 (Britain’s domestic intelligence service) kept files on prominent politicians, including Labour ministers, and that MI6 (Britain’s foreign intelligence service) was involved in a plot to assassinate Libyan leader Colonel Momar Gaddafi. The British extradition request was rejected by the French Cour d’Appel because it was a “political offense.”

All 18 counts filed against Julian allege that his purpose was “that such information so obtained could be used to the injury of the United States and the advantage of any foreign nation.”

The hearing was, after those in 2020 that focused on Julian’s mental and psychological health, refreshing in that it discussed the crimes committed by the U.S. and the importance of making them public. The two judges rarely interrupted, unlike other court proceedings for Julian I have attended where the judge often condescendingly cut short the defense. This may be a reflection of the broad public support, including by major media organizations, which have belatedly rallied behind Julian. Hundreds of people thronged the entrance to The Royal Courts of Justice, an expansive Victorian Gothic stone building adorned with statues of Jesus, Moses, Solomon and Alfred the Great, the celebrated pillars of the English legal tradition, to call for Julian’s freedom.

The afternoon session was different. On about a half dozen occasions the judges halted the defense to ask about how the leaks, because they were not thoroughly redacted, had endangered lives, although the U.S. has never been able to provide evidence of anyone whose life was lost as a result of the leaks. This canard has long been the cross on which U.S. officials have sought to crucify Julian. The two judges — one wonders if they had been given instructions during the lunch break — hurled these accusations at the defense lawyers until we adjourned.

“These indiscriminate disclosures were condemned by The Guardian and The New York Times,” Judge Sharp admonished the defense team. “They could have been done differently.”

This reference was especially egregious since the unredacted documents were first made public not by WikiLeaks or Julian but by the website Cryptome after reporters from The Guardian printed the password to the unredacted documents in their book.

The U.S. is officially seeking Julian’s extradition, where he potentially faces up to 175 years in prison, for the 2010 publication of the Iraq and Afghanistan war logs and US diplomatic cables. But the U.S. did not request his extradition until the release in March 2017 of the files known as Vault 7 which detailed how the CIA could hack Apple and Android smartphones and turn internet-connected televisions — even when they were off — into listening devices. Joshua Schulte, a former CIA employee, was found guilty last year of four counts each of espionage and computer hacking and one count of lying to FBI agents after handing over classified materials to WikiLeaks. He was given a forty-year sentence in February.

After the release of Vault 7 then CIA Director Mike Pompeo called WikiLeaks “a non-state hostile intelligence service.” The Attorney General at the time, Jeff Sessions, said that Julian’s arrest was a priority. By August the U.S. Senate had passed a 78-page intelligence finance bill which included a sentence declaring that “it is the sense of Congress that Wikileaks and the senior leadership of Wikileaks resemble a non-state hostile intelligence service often abetted by state actors and should be treated as such a service by the United States.” In May 2019 the Trump administration accused Julian of violating the Espionage Act and asked the UK to extradite him to stand trial in the U.S. Trump has called the allegations against Julian treason and called for “the death penalty or something.” Other politicians, including former Republican presidential candidate Mike Huckabee, have also called for Julian to be executed.

If Julian is extradited and additionally charged for the release of the Vault 7 documents, Fitzgerald told the court, “it could result in additional charges that merit the death penalty for aiding and abetting the enemy.” The U.S., he said, especially if Trump is elected again to the presidency, could easily “reformulate these charges into a capital offense.”

Summers brought up President Donald Trump’s request for “detailed options” of how to assassinate Julian when he was in the Ecuadorian Embassy. “Sketches were even drawn up,” he said, adding that the plot fell apart when the UK authorities backed down, especially over a potential shootout, in the streets of London”.

“The evidence showed that the US was prepared to go to any lengths, including misusing its own criminal justice system, to sustain impunity for US officials in respect of the torture/war crimes committed in its infamous ‘war on terror’, and to suppress those actors and courts willing and prepared to try to bring those crimes to account,” he said.

The lawyers were right. The CIA is the driving force behind the extradition. The leak was highly embarrassing and to the CIA highly damaging. The CIA intends to make Julian pay. Schulte, who leaked Vault 7, was given a forty year sentence. Julian, if extradited, will be next.

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WATCH: H.R. McMaster on Trump—the Good, the Bad, and the Ugly Michael Moynihan

Published

2 hours ago

January 17, 2025

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Very few people have worked closely with Donald Trump, gotten fired, and walked away with a pretty balanced view of him.

But Lieutenant General H.R. McMaster, former national security adviser to President Trump, is an exception.

In his book At War with Ourselves: My Tour of Duty in the Trump White House, he gives an honest account of working in Trump’s first administration: the good, the bad, and the unexpected.

Last week, McMaster, 62, sat down with Michael Moynihan at the National Constitution Center in Philadelphia for a live Free Press Book Club event to discuss it all. They talk about his moments of tension with Trump, his understanding of Trump’s foreign policy, and how Trump’s rhetoric toward adversaries was actually good, despite being villainized by the press.

They also get into Trump’s current cabinet picks—ones who McMaster sees as good, like Marco Rubio and Mike Waltz, but how good picks do not ensure a harmonious administration. They discuss Trump’s options for handling Russia, Iran, and Hamas in his second term, and why McMaster is surprisingly and cautiously optimistic about Trump 2.0. —BW

Dynamics within the first Trump White House:

Michael Moynihan: It’s very clear in your book that you see your job as somebody who has to implement the president’s agenda. But it’s also clear that you see people around you who have their own agenda that they’re trying to foist upon the president.

H.R. McMaster: Absolutely. The first group are people who don’t want to give the president options. They want to manipulate decisions based on their own agenda, not the president’s agenda. Then there were the people in Donald Trump’s administration who defined the president as an emergency or a danger to the country or the world, who had to be contained. And so the problem with those groups of people is that nobody elected them.

MM: There are a couple of people in the book that say, We’re afraid that Donald Trump is dangerous, right?

HRM: Absolutely. It just made everything harder. But at least for my 30 months, we transcended it. We got things done anyway. But every element of that friction just wore us down a little bit—and the other tactics they employed undercut us.

Nobody was as surprised as Donald Trump when he won the 2016 election. So there wasn’t a whole lot of preparation in terms of who’s going to come into many of these positions. He didn’t have any kind of trust built up with a lot of the people. Now it’s going to be somewhat different. He’s had a lot more time to prepare deliberately for this, and he’s selected his people. It was easy to kneecap me, because I didn’t have a history with him. Now it’s going to be harder to do that with Michael Waltz and Marco Rubio. Although they will come under attack because there are still going to be different camps in the new administration based on different motivations.

The president is the most powerful person in the world, so people are going to try to ingratiate themselves to him and try to use him to advance their agenda. People know how to push his buttons. I’ve described my first meeting in the Oval Office as an environment of competitive sycophancy. It was unbelievable. Things were said like, “Your instincts are always so good, Mr. President” and “You’re so wise.” I was like, “My gosh, are these people serious?”

MM: Does he fall for that?

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TGIF: Hard Pivot Nellie Bowles

Published

7 hours ago

January 17, 2025

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Welcome back. This is where, once a week, for a special reprieve, we look at the news and tell jokes. If you’re here for spiritual guidance, I can’t help you (but just in case: yes, you are forgiven your sins).

→ Biden says goodbye: President Joe Biden gave his farewell address Wednesday night, leaving with ominous warnings about dark forces (billionaires) exerting too much influence on American politics. “Today, an oligarchy is taking shape in America of extreme wealth, power, and influence that literally threatens our entire democracy, our basic rights and freedoms, and a fair shot for everyone to get ahead.”

I agree there is a new oligarchy of rich people who manipulate our political landscape, and I, for one, am glad that our president finally sees the danger of MacKenzie Scott and George Soros, billionaire political donors propping up untold numbers of causes. He’s never criticized MacKenzie Scott (formerly Bezos), but I’m sure he was thinking of her, the woman who has thrown $19 billion at activist nonprofits to sway American politics. I’m sure when he just recently gave the Presidential Medal of Freedom to George Soros, he was thinking this is the dangerous oligarch I will speak of soon.

No, I’m being silly. Obviously he means the other side’s dangerous oligarchs! When a billionaire oligarch is throwing money at your own team, they’re just a concerned citizen doing what they can with what they have. Me, I’m balanced, moderate: I love all our oligarchs, on both sides. I want more oligarchs and less democracy. I want our political battles to be fought on warring yachts off the coast of Croatia. See, California lets voters vote on everything, and I’ve seen what too much democracy looks like, and I think that Penny Pritzker and Peter Thiel could sit with each other and come up with something better for us.

Biden continued: “President Eisenhower spoke of the dangers of the military-industrial complex. . . . Six decades later, I’m equally concerned about the potential rise of a tech-industrial complex that could pose real dangers for our country as well. Americans are being buried under an avalanche of misinformation and disinformation, enabling the abuse of power. The free press is crumbling. Editors are disappearing. Social media is giving up on fact-checking. The truth is smothered by lies told for power and for profit. We must hold the social platforms accountable to protect our children, our families, and our very democracy from the abuse of power.”

First of all, Mr. President, The Free Press is doing great. But I love that Biden’s final address to the nation, his farewell, was about the need for Facebook fact-checkers. It was a presidency built around calling the refs, making us feel bad for any criticism (Hunter is a baby boy), and then if that didn’t work, just banning whatever the staff didn’t like that week.

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January 16, 2025 Heather Cox Richardson

Published

10 hours ago

January 17, 2025

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In his final address to the nation last night, President Joe Biden issued a warning that “an oligarchy is taking shape in America of extreme wealth, power, and influence that literally threatens our entire democracy, our basic rights and freedoms, and a fair shot for everyone to get ahead.”

It is not exactly news that there is dramatic economic inequality in the United States. Economists call the period from 1933 to 1981 the “Great Compression,” for it marked a time when business regulation, progressive taxation, strong unions, and a basic social safety net compressed both wealth and income levels in the United States. Every income group in the U.S. improved its economic standing.

That period ended in 1981, when the U.S. entered a period economists have dubbed the “Great Divergence.” Between 1981 and 2021, deregulation, tax cuts for the wealthy and corporations, the offshoring of manufacturing, and the weakening of unions moved $50 trillion from the bottom 90% of Americans to the top 1%.

Biden tried to address this growing inequality by bringing back manufacturing, fostering competition, increasing oversight of business, and shoring up the safety net by getting Congress to pass a law—the Inflation Reduction Act—that enabled Medicare to negotiate drug prices for seniors with the pharmaceutical industry, capping insulin at $35 for seniors, for example. His policies worked, primarily by creating full employment which enabled those at the bottom of the economy to move to higher-paying jobs. During Biden’s term, the gap between the 90th income percentile and the 10th income percentile fell by 25%.

But Donald Trump convinced voters hurt by the inflation that stalked the country after the coronavirus pandemic shutdown that he would bring prices down and protect ordinary Americans from the Democratic “elite” that he said didn’t care about them. Then, as soon as he was elected, he turned for advice and support to one of the richest men in the world, Elon Musk, who had invested more than $250 million in Trump’s campaign.

Musk’s investment has paid off: Faiz Siddiqui and Trisha Thadani of the Washington Post reported that he made more than $170 billion in the weeks between the election and December 15.

Musk promptly became the face of the incoming administration, appearing everywhere with Trump, who put him and pharmaceutical entrepreneur Vivek Ramaswamy in charge of the so-called Department of Government Efficiency, where Musk vowed to cut $2 trillion out of the U.S. budget even if it inflicted “hardship” on the American people.

News broke earlier this week that Musk, who holds government contracts worth billions of dollars, is expected to have an office in the Eisenhower Executive Office Building adjacent to the White House. And the world’s two other richest men will be with Musk on the dais at Trump’s inauguration. Musk, Amazon founder Jeff Bezos, and Meta chief executive officer Mark Zuckerberg, who together are worth almost a trillion dollars, will be joined by other tech moguls, including the CEO of OpenAI, Sam Altman; the CEO of the social media platform TikTok, Shou Zi Chew; and the CEO of Google, Sundar Pichai.

At his confirmation hearing before the Senate Committee on Finance today, Trump’s nominee for Treasury Secretary, billionaire Scott Bessent, said that extending the 2017 Trump tax cuts was “the single most important economic issue of the day.” But he said he did not support raising the federal minimum wage, which has been $7.25 since 2009 although 30 states and dozens of cities have raised the minimum wage in their jurisdictions.

There have been signs lately that the American people are unhappy about the increasing inequality in the U.S. On December 4, 2024, a young man shot the chief executive officer of the health insurance company UnitedHealthcare, which has been sued for turning its claims department over to an artificial intelligence program with an error rate of 90% and which a Federal Trade Commission report earlier this week found overcharged cancer patients by more than 1,000% for life-saving drugs. Americans championed the alleged killer.

It is a truism in American history that those interested in garnering wealth and power use culture wars to obscure class struggles. But in key moments, Americans recognized that the rise of a small group of people—usually men—who were commandeering the United States government was a perversion of democracy.

In the 1850s, the expansion of the past two decades into the new lands of the Southeast had permitted the rise of a group of spectacularly wealthy men. Abraham Lincoln helped to organize westerners against a government takeover by elite southern enslavers who argued that society advanced most efficiently when the capital produced by workers flowed to the top of society, where a few men would use it to develop the country for everyone. Lincoln warned that “crowned-kings, money-kings, and land-kings” would crush independent men, and he created a government that worked for ordinary men, a government “of the people, by the people, for the people.”

A generation later, when industrialization disrupted the country as westward expansion had before, the so-called robber barons bent the government to their own purposes. Men like steel baron Andrew Carnegie explained that “[t]he best interests of the race are promoted” by an industrial system, “which inevitably gives wealth to the few.” But President Grover Cleveland warned: “The gulf between employers and the employed is constantly widening, and classes are rapidly forming, one comprising the very rich and powerful, while in another are found the toiling poor…. Corporations, which should be the carefully restrained creatures of the law and the servants of the people, are fast becoming the people’s masters.”

Republican president Theodore Roosevelt tried to soften the hard edges of industrialization by urging robber barons to moderate their behavior. When they ignored him, he turned finally to calling out the “malefactors of great wealth,” noting that “there is no individual and no corporation so powerful that he or it stands above the possibility of punishment under the law. Our aim is to try to do something effective; our purpose is to stamp out the evil; we shall seek to find the most effective device for this purpose; and we shall then use it, whether the device can be found in existing law or must be supplied by legislation. Moreover, when we thus take action against the wealth which works iniquity, we are acting in the interest of every man of property who acts decently and fairly by his fellows.”

Theodore Roosevelt helped to launch the Progressive Era.

But that moment passed, and in the 1930s, Franklin Delano Roosevelt, too, contended with wealthy men determined to retain control over the federal government. Running for reelection in 1936, he told a crowd at Madison Square Garden: “For nearly four years you have had an Administration which instead of twirling its thumbs has rolled up its sleeves…. We had to struggle with the old enemies of peace—business and financial monopoly, speculation, reckless banking, class antagonism, sectionalism, war profiteering. They had begun to consider the Government of the United States as a mere appendage to their own affairs. We know now that Government by organized money is just as dangerous as Government by organized mob.”

“Never before in all our history have these forces been so united against one candidate as they stand today,” he said. “They are unanimous in their hate for me—and I welcome their hatred.”

Last night, after President Biden’s warning, Google searches for the meaning of the word “oligarchy” spiked.

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Notes:

https://www.whitehouse.gov/briefing-room/speeches-remarks/2025/01/15/remarks-by-president-biden-in-a-farewell-address-to-the-nation/

https://www.thenation.com/article/archive/great-disparity/

https://www.nber.org/system/files/working_papers/w31010/w31010.pdf

https://prospect.org/economy/2023-07-10-bidens-unheralded-war-on-poverty/

https://www.cbsnews.com/news/unitedhealth-lawsuit-ai-deny-claims-medicare-advantage-health- insurance-denials/

https://www.nytimes.com/2025/01/13/us/politics/elon-musk-white-house-trump.html

https://www.nbcnewyork.com/news/which-big-tech-ceos-will-be-at-trumps-inauguration-see-the-full-list/6110692/

https://www.reuters.com/world/us/trumps-us-treasury-pick-bessent-says-extending-tax-cuts-top-priority-2025-01-16/

https://www.thedailybeast.com/searches-for-what-is-an-oligarchy-spike-after-bidens-warning/