On Wednesday the trap sprang shut, as Judge Baraitser insisted the witnesses must finish next week, and that no time would be permitted for preparation of closing arguments, which must be heard the immediate following Monday. This brought the closest the defence have come to a protest, with the defence pointing out they have still not addressed the new superseding indictment, and that the judge refused their request for an adjournment before witness hearings started, to give them time to do so.
Edward Fitzgerald QC for the defence also pointed out that there had been numerous witnesses whose evidence had to be taken into account, and the written closing submissions had to be physically prepared with reference to the transcripts and other supporting evidence from the trial. Baraitser countered that the defence had given her 200 pages of opening argument and she did not see that much more could be needed. Fitzgerald, who is an old fashioned gentleman in the very nicest sense of those words, struggled to express his puzzlement that all of the evidence since opening arguments could be dismissed as unnecessary and of no effect.
I fear that all over London a very hard rain is now falling on those who for a lifetime have worked within institutions of liberal democracy that at least broadly and usually used to operate within the governance of their own professed principles. It has been clear to me from Day 1 that I am watching a charade unfold. It is not in the least a shock to me that Baraitser does not think anything beyond the written opening arguments has any effect. I have again and again reported to you that, where rulings have to be made, she has brought them into court pre-written, before hearing the arguments before her.
I strongly expect the final decision was made in this case even before opening arguments were received.
The plan of the US Government throughout has been to limit the information available to the public and limit the effective access to a wider public of what information is available. Thus we have seen the extreme restrictions on both physical and video access. A complicit mainstream media has ensured those of us who know what is happening are very few in the wider population.
Even my blog has never been so systematically subject to shadowbanning from Twitter and Facebook as now. Normally about 50% of my blog readers arrive from Twitter and 40% from Facebook. During the trial it has been 3% from Twitter and 9% from Facebook. That is a fall from 90% to 12%. In the February hearings Facebook and Twitter were between them sending me over 200,000 readers a day. Now they are between them sending me 3,000 readers a day. To be plain that is very much less than my normal daily traffic from them just in ordinary times. It is the insidious nature of this censorship that is especially sinister – people believe they have successfully shared my articles on Twitter and Facebook, while those corporations hide from them that in fact it went into nobody’s timeline. My own family have not been getting their notifications of my posts on either platform.
The US Government responded to Baraitser’s pronouncement enthusiastically with the suggestion that closing arguments did not ought to be heard AT ALL. They ought merely to be submitted in writing, perhaps a week after final witnesses. Baraitser appeared eager to agree with this. A ruling is expected today. Let me add that two days ago I noticed the defence really had missed an important moment to stand up to her, when the direction of her railroading became evident. It appears that because of the ground the defence already conceded at that stage, Noam Chomsky is one of the witnesses from whom we now will not hear.
I am afraid I am not going to give you a substantive account of Wednesday’s witnesses. I have decided that the intimate details of Julian’s medical history and condition ought not to be subject to further public curiosity. I know I cannot call back what others have published – and the court is going to consider press requests for the entire medical records before it. But I have to do what I believe is right.
I will say that for the defence, Dr Quinton Deeley appeared. Dr Deeley is Senior Lecturer in Social Behaviour and Neurodevelopment at the Institute of Psychiatry, Psychology, and Neuroscience (IOPPN), King’s College London and Consultant Neuropsychiatrist in the National Autism Unit. He is co-author of the Royal College Report on the Management of Autism.
Dr Deeley after overseeing the standard test and extensive consultation with Julian Assange and tracing of history, had made a clear diagnosis which encompassed Asperger’s. He described Julian as high-functioning autistic. There followed the usual disgraceful display by James Lewis QC, attempting to pick apart the diagnosis trait by trait, and employing such tactics as “well, you are not looking me in the eye, so does that make you autistic?”. He really did. I am not making this up.
I should say more about Lewis, who is a strange character. Privately very affable, he adopts a tasteless and impolite aggression in cross-examination that looks very unusual indeed. He adopts peculiar postures. After asking aggressive questions, he strikes poses of theatrical pugilism. For example he puts arms akimbo, thrusts out his chin, and bounces himself up on his feet to the extent that his heels actually leave the floor, while looking round at the courtroom in apparent triumph, his gaze pausing to fix that of the judge occasionally. These gestures almost always involve throwing back one or both front panels of his jacket.
I think this is some kind of unconscious alpha male signalling in progress, and all these psychiatrists around might link it to his lack of height. It is display behaviour but not really very successful. Lewis has grown a full set during lockdown and he appears strikingly like a chorus matelot in a small town production of HMS Pinafore.
There is a large part of me that wants to give details of the cross-examination because Deeley handled Lewis superbly, giving calm and reasoned replies and not conceding anything to Lewis’s clumsy attempts to dismantle his diagnosis. Lewis effectively argued Julian’s achievements would be impossible with autism while Deeley differed. But there is no way to retell it without going into the discussion of medical detail I do not wish to give. I will however tell you that Julian’s father John told me that Julian has long known he has Asperger’s and will cheerfully say so.
The second psychiatrist on Wednesday, Dr Seena Fazel, Professor of Forensic Psychiatry at the University of Oxford, was the first prosecution witness we have heard from. He struck me as an honest and conscientious man and made reasonable points, well. There was a great deal of common ground between Prof Fazel and the defence psychiatrists, and I think it is fair to say that his major point was that Julian’s future medical state would depend greatly on the conditions he was held in with regard to isolation, and on hope or despair dependent on his future prospects.
Here Lewis was keen to paint an Elysian picture. As ever, he fell back on the affidavit of US Assistant attorney Gordon Kromberg, who described the holiday camp that is the ADX maximum security prison in Florence, Colorado, where the prosecution say Julian will probably be incarcerated on conviction.