By Thomas Scripps
28 July 2020
WikiLeaks founder Julian Assange’s case management hearing yesterday continued the travesty of legal due process to which he has been subjected for more than a decade.
The journalist and publisher is fighting extradition to the United States, where he faces politically motivated frame-up charges of espionage with a combined potential sentence of 175 years. He has not attended hearings via videolink for the last three months on the advice of doctors, due to his fragile state of health and the threat of exposure to coronavirus.
At the previous hearing on June 29, District Judge Vanessa Baraitser had scolded Assange for not being present, demanding medical evidence to justify his non-appearance in future. But yesterday, Baraitser ruled the hearing could go ahead without Assange after Belmarsh prison disrupted his plans to attend. Prison authorities claimed to have forgotten to arrange videolink facilities for the world-famous political prisoner.
Edward Fitzgerald QC, the lead defence lawyer, said he would prefer his client to be present. The hearing was adjourned for ten minutes to allow him to contact Assange. When court resumed, Fitzgerald confirmed his wish to see his client attend. The hearing was then adjourned for another hour and a quarter.
When Assange was finally produced via videolink he appeared tired and downcast, according to reporters in the court room.
The brief exchanges between Fitzgerald, Baraitser and prosecuting lawyer Joel Smith, centred on the superseding indictment against Assange issued by the US Department of Justice on June 24.
The new indictment is based on the testimony of Sigurdur Thordarson, described by WikiLeaks as a “sociopath, convicted conman and sex criminal involved in an FBI entrapment operation against WikiLeaks.” It alleges that Assange recruited and incited hackers against a range of classified, official, and private computers between 2009 and 2015. It contains no new charges but significantly expands the scope of allegations against WikiLeaks, deepening the assault on freedom of the press being waged by the US government.
Assange’s support for whistleblower Edward Snowden and transparency of information are alleged in the superseding indictment to constitute solicitation and theft of classified information. Former WikiLeaks section editor Sarah Harrison and former WikiLeaks spokesperson Jacob Applebaum are targeted on the same basis.
But the new indictment had not been served in the UK courts at the time of the last hearing (June 29) and had still not been submitted as of yesterday. Baraitser noted, “As it stands no further superseding indictment is before this court.” Smith responded for the prosecution that “It has been disclosed to the defence” and Baraitser confirmed, “It has only been disclosed to the court via email from the defence but not formally.”
Smith said that he could not commit to a timeline for serving the new indictment, before absurdly claiming that the “usual procedures” would be followed. There is nothing “usual” about this case, including the procedures surrounding the new indictment. As Fitzgerald said during the hearing, “We’ve had it sprung on us.”
Kristinn Hrafnsson, Editor-in-chief of WikiLeaks, explained in a statement yesterday, “What the US is doing is truly unprecedented. A new indictment is being introduced halfway into extradition proceedings, which have been a year in the making. The Assange extradition case started in February and was scheduled to resume in May but was then forced to adjourn until September due to the COVID lockdown.