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UK judge rejects bid to delay Assange extradition hearing

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Published : Sep 7, 2020, 9:28 PM IST

Updated : Sep 7, 2020, 9:59 PM IST

US prosecutors have indicted the 49-year-old Australian on 18 espionage and computer misuse charges over WikiLeaks' publication of secret US military documents a decade ago. The charges carry a maximum sentence of 175 years in prison.

Julian Assange
Julian Assange

London: A British judge on Monday rejected a request by lawyers for WikiLeaks founder Julian Assange to delay his extradition hearing until next year to give his lawyers more time to respond to U.S. allegations that he conspired with hackers to obtain classified information.

The adjournment request came on the first day of a London court hearing where Assange is fighting American prosecutors' attempt to send him to the US to stand trial on spying charges.

The US Justice Department expanded its case against Assange in a new indictment announced in June, though it did not introduce new charges. But Assange attorney Mark Summers said it was "an impossible task" for the legal team to deal with the new allegations in time for Monday's court hearing.

He said District Judge Vanessa Baraitser should "excise from your consideration of this case" the new American claims.

The judge refused, saying she had offered the defense the chance in August to postpone the hearing, and "they declined to do so." The case has already been held up for months because of the coronavirus pandemic.

Read also: Assange secretly fathered 2 children, reveals lawyer

Assange, who has spent almost a year and a half in a British prison, sat in the dock at the Old Bailey criminal court and formally refused the U.S. extradition demand. Assange, who lawyers say has suffered physical and mental ill-health because of his ordeal, spoke clearly to confirm his name and date of birth. He wore a dark suit, white shirt and maroon tie, with glasses perched atop his neatly trimmed white hair.

Several dozen supporters, including fashion designer Vivienne Westwood and Assange's partner, Stella Moris, gathered outside the courthouse, chanting, banging drums and calling his prosecution a threat to press freedom.

"Julian Assange is the trigger, he is shining the light on all the corruption in the world," Westwood said.

Read also: Trump 'offered pardon' to Assange if he denied Russia leak, court hears

American authorities allege that Assange conspired with U.S. army intelligence analyst Chelsea Manning to hack into a Pentagon computer and release hundreds of thousands of secret diplomatic cables and military files on the wars in Iraq and Afghanistan.

The June indictment added claims that he conspired with members of hacking organizations and sought to recruit hackers to provide WikiLeaks with classified information.

The new indictment accuses Assange of recruiting hackers at conferences in Europe and Asia, and of conspiring with members of hacking groups known as LulzSec and Anonymous. U.S. prosecutors say the evidence underscores Assange's efforts to procure and release classified information, allegations that form the basis of criminal charges he already faces.

Summers accused U.S. prosecutors of filing the new indictment "in desperation" because "they knew that they would lose" with their existing case.

Assange's lawyers say the prosecution is a politically motivated abuse of power that will stifle press freedom and put journalists around the world at risk.

They argue that Assange is a journalist entitled to First Amendment protection, and say the leaked documents exposed U.S. military wrongdoing. Among the files released by WikiLeaks was video of a 2007 Apache helicopter attack by American forces in Baghdad that killed 11 people, including two Reuters journalists.

Assange's legal troubles began in 2010, when he was arrested in London at the request of Sweden, which wanted to question him about allegations of rape and sexual assault made by two women. He refused to go to Stockholm, saying he feared extradition or illegal rendition to the United States or the U.S. prison camp at Guantanamo Bay, Cuba.

In 2012, Assange sought refuge inside the Ecuadorian Embassy, where he was beyond the reach of U.K. and Swedish authorities — but also effectively a prisoner, unable to leave the tiny diplomatic mission in London's tony Knightsbridge area.

The relationship between Assange and his hosts eventually soured, and he was evicted from the embassy in April 2019. British police immediately arrested him for jumping bail in 2012.

Sweden dropped the sex crimes investigations in November 2019 because so much time had elapsed, but Assange remains in London's high-security Belmarsh Prison as he awaits the extradition decision.

Supporters say the ordeal has harmed Assange's physical and mental health, leaving him with depression, dental problems and a serious shoulder ailment. The hearing is expected to include expert psychiatric evidence about his mental state.

Journalism organizations and human rights groups have called on Britain to refuse the extradition request. Amnesty International said Assange was "the target of a negative public campaign by U.S. officials at the highest levels."

The extradition hearing opened in February but was put on hold when the U.K. went into lockdown in March to slow the spread of the coronavirus. It is resuming with social distancing measures in court and video feeds so that journalists and observers can watch remotely.

The case is due to run until early October. The judge is expected to take weeks or even months to consider her verdict, with the losing side likely to appeal.

Timeline of Julian Assange's legal battles over past decade

— August 2010: Swedish prosecutors issue arrest warrant for Assange based on one woman's allegation of rape and another's allegation of molestation. The warrant was withdrawn shortly afterward, with prosecutors citing insufficient evidence for the rape allegation. Assange denies the allegations.

— September 2010: Sweden's director of prosecutions reopens the rape investigation. Assange leaves Sweden for Britain Sept. 27.

— November 2010: Swedish police issue an international arrest warrant for Assange.

— December 2010: Assange surrenders to police in London and is detained pending an extradition hearing. High Court grants Assange bail on Dec. 16.

— Feb. 24, 2011: District court in Britain rules Assange should be extradited to Sweden.

— Dec. 5, 2011: Assange is granted an appeal to the Supreme Court.

— May 30, 2012: Supreme Court rejects Assange's appeal.

— June 2012: Assange asks the Supreme Court to reopen the case; the court refuses. Assange enters Ecuadorian Embassy in central London, seeking asylum on June 19. Police set up round-the-clock guard to arrest him if he steps outside.

— Aug. 16, 2012: Assange is granted political asylum by Ecuador.

— July 2014: Assange loses his bid to have an arrest warrant issued in Sweden against him canceled. A judge in Stockholm upholds the warrant alleging sexual offences against two women.

— March 2015: Swedish prosecutors ask to question Assange at the Ecuadorian embassy.

— Aug. 13, 2015: Swedish prosecutors drop investigations into some allegations against Assange because of the statute of limitations; an investigation into a rape allegation remains active.

— Oct. 12, 2015: Metropolitan Police end their 24-hour guard outside the Ecuadorean embassy but say they'll arrest Assange if he leaves - ending a three-year police operation estimated to have cost more than 12 million pounds ($17 million).

— Feb. 5, 2016: Assange claims "total vindication" as the U.N. Working Group on Arbitrary Detention finds that he has been unlawfully detained and recommends he be immediately freed and given compensation. British Foreign Secretary Philip Hammond calls the finding "frankly ridiculous."

— April 6, 2017: After Assange makes some comments on Twitter, Ecuador's president-elect, Lenin Moreno, warns Assange that, as a condition of asylum granted in 2012, he is not allowed to meddle in politics.

— May 19, 2017: Swedish prosecutors drop their investigation into a rape allegation against Assange, and the European arrest warrant is withdrawn because there is no prospect in the "foreseeable future" of bringing Assange to Sweden - as he is inside the Ecuadorian Embassy in London. Prosecutors stress that Assange had not been found innocent. British police say he is still wanted for jumping bail in 2012.

— September 2018: Ecuador's president says his country and Britain are working on a legal solution to allow Assange to leave the embassy in "the medium term."

— October 2018: Assange seeks a court injunction pressing Ecuador to provide him basic rights he said the country agreed to when it first granted him asylum.

— November 2018: A U.S. court filing that appears to inadvertently reveal the existence of a sealed criminal case against Assange is discovered by a researcher. No details are confirmed.

— April 2, 2019: Ecuadorian President Lenin Moreno blames WikiLeaks for recent allegations of corruption.

— April 11, 2019: London police arrest Assange at the Ecuadorian embassy for breaching bail conditions in 2012, as well as on behalf of U.S. authorities, shortly after Ecuador's government withdrew his asylum status.

— May 1, 2019: Assange is sentenced to 50 weeks in prison for jumping bail in 2012.

— May 13, 2019: Sweden reopens rape investigation.

— Nov. 19, 2019: Swedish prosecutor drops rape investigation.

— Feb. 24, 2020: Assange extradition hearing opens with plans to continue to hold a second hearing in May.

— May 4, 2020: Judge delays extradition hearing amid COVID-19 pandemic.

— June 25, 2020: US files new indictment against Assange that prosecutors say underscores Assange's efforts to procure and release classified information.

AP

London: A British judge on Monday rejected a request by lawyers for WikiLeaks founder Julian Assange to delay his extradition hearing until next year to give his lawyers more time to respond to U.S. allegations that he conspired with hackers to obtain classified information.

The adjournment request came on the first day of a London court hearing where Assange is fighting American prosecutors' attempt to send him to the US to stand trial on spying charges.

The US Justice Department expanded its case against Assange in a new indictment announced in June, though it did not introduce new charges. But Assange attorney Mark Summers said it was "an impossible task" for the legal team to deal with the new allegations in time for Monday's court hearing.

He said District Judge Vanessa Baraitser should "excise from your consideration of this case" the new American claims.

The judge refused, saying she had offered the defense the chance in August to postpone the hearing, and "they declined to do so." The case has already been held up for months because of the coronavirus pandemic.

Read also: Assange secretly fathered 2 children, reveals lawyer

Assange, who has spent almost a year and a half in a British prison, sat in the dock at the Old Bailey criminal court and formally refused the U.S. extradition demand. Assange, who lawyers say has suffered physical and mental ill-health because of his ordeal, spoke clearly to confirm his name and date of birth. He wore a dark suit, white shirt and maroon tie, with glasses perched atop his neatly trimmed white hair.

Several dozen supporters, including fashion designer Vivienne Westwood and Assange's partner, Stella Moris, gathered outside the courthouse, chanting, banging drums and calling his prosecution a threat to press freedom.

"Julian Assange is the trigger, he is shining the light on all the corruption in the world," Westwood said.

Read also: Trump 'offered pardon' to Assange if he denied Russia leak, court hears

American authorities allege that Assange conspired with U.S. army intelligence analyst Chelsea Manning to hack into a Pentagon computer and release hundreds of thousands of secret diplomatic cables and military files on the wars in Iraq and Afghanistan.

The June indictment added claims that he conspired with members of hacking organizations and sought to recruit hackers to provide WikiLeaks with classified information.

The new indictment accuses Assange of recruiting hackers at conferences in Europe and Asia, and of conspiring with members of hacking groups known as LulzSec and Anonymous. U.S. prosecutors say the evidence underscores Assange's efforts to procure and release classified information, allegations that form the basis of criminal charges he already faces.

Summers accused U.S. prosecutors of filing the new indictment "in desperation" because "they knew that they would lose" with their existing case.

Assange's lawyers say the prosecution is a politically motivated abuse of power that will stifle press freedom and put journalists around the world at risk.

They argue that Assange is a journalist entitled to First Amendment protection, and say the leaked documents exposed U.S. military wrongdoing. Among the files released by WikiLeaks was video of a 2007 Apache helicopter attack by American forces in Baghdad that killed 11 people, including two Reuters journalists.

Assange's legal troubles began in 2010, when he was arrested in London at the request of Sweden, which wanted to question him about allegations of rape and sexual assault made by two women. He refused to go to Stockholm, saying he feared extradition or illegal rendition to the United States or the U.S. prison camp at Guantanamo Bay, Cuba.

In 2012, Assange sought refuge inside the Ecuadorian Embassy, where he was beyond the reach of U.K. and Swedish authorities — but also effectively a prisoner, unable to leave the tiny diplomatic mission in London's tony Knightsbridge area.

The relationship between Assange and his hosts eventually soured, and he was evicted from the embassy in April 2019. British police immediately arrested him for jumping bail in 2012.

Sweden dropped the sex crimes investigations in November 2019 because so much time had elapsed, but Assange remains in London's high-security Belmarsh Prison as he awaits the extradition decision.

Supporters say the ordeal has harmed Assange's physical and mental health, leaving him with depression, dental problems and a serious shoulder ailment. The hearing is expected to include expert psychiatric evidence about his mental state.

Journalism organizations and human rights groups have called on Britain to refuse the extradition request. Amnesty International said Assange was "the target of a negative public campaign by U.S. officials at the highest levels."

The extradition hearing opened in February but was put on hold when the U.K. went into lockdown in March to slow the spread of the coronavirus. It is resuming with social distancing measures in court and video feeds so that journalists and observers can watch remotely.

The case is due to run until early October. The judge is expected to take weeks or even months to consider her verdict, with the losing side likely to appeal.

Timeline of Julian Assange's legal battles over past decade

— August 2010: Swedish prosecutors issue arrest warrant for Assange based on one woman's allegation of rape and another's allegation of molestation. The warrant was withdrawn shortly afterward, with prosecutors citing insufficient evidence for the rape allegation. Assange denies the allegations.

— September 2010: Sweden's director of prosecutions reopens the rape investigation. Assange leaves Sweden for Britain Sept. 27.

— November 2010: Swedish police issue an international arrest warrant for Assange.

— December 2010: Assange surrenders to police in London and is detained pending an extradition hearing. High Court grants Assange bail on Dec. 16.

— Feb. 24, 2011: District court in Britain rules Assange should be extradited to Sweden.

— Dec. 5, 2011: Assange is granted an appeal to the Supreme Court.

— May 30, 2012: Supreme Court rejects Assange's appeal.

— June 2012: Assange asks the Supreme Court to reopen the case; the court refuses. Assange enters Ecuadorian Embassy in central London, seeking asylum on June 19. Police set up round-the-clock guard to arrest him if he steps outside.

— Aug. 16, 2012: Assange is granted political asylum by Ecuador.

— July 2014: Assange loses his bid to have an arrest warrant issued in Sweden against him canceled. A judge in Stockholm upholds the warrant alleging sexual offences against two women.

— March 2015: Swedish prosecutors ask to question Assange at the Ecuadorian embassy.

— Aug. 13, 2015: Swedish prosecutors drop investigations into some allegations against Assange because of the statute of limitations; an investigation into a rape allegation remains active.

— Oct. 12, 2015: Metropolitan Police end their 24-hour guard outside the Ecuadorean embassy but say they'll arrest Assange if he leaves - ending a three-year police operation estimated to have cost more than 12 million pounds ($17 million).

— Feb. 5, 2016: Assange claims "total vindication" as the U.N. Working Group on Arbitrary Detention finds that he has been unlawfully detained and recommends he be immediately freed and given compensation. British Foreign Secretary Philip Hammond calls the finding "frankly ridiculous."

— April 6, 2017: After Assange makes some comments on Twitter, Ecuador's president-elect, Lenin Moreno, warns Assange that, as a condition of asylum granted in 2012, he is not allowed to meddle in politics.

— May 19, 2017: Swedish prosecutors drop their investigation into a rape allegation against Assange, and the European arrest warrant is withdrawn because there is no prospect in the "foreseeable future" of bringing Assange to Sweden - as he is inside the Ecuadorian Embassy in London. Prosecutors stress that Assange had not been found innocent. British police say he is still wanted for jumping bail in 2012.

— September 2018: Ecuador's president says his country and Britain are working on a legal solution to allow Assange to leave the embassy in "the medium term."

— October 2018: Assange seeks a court injunction pressing Ecuador to provide him basic rights he said the country agreed to when it first granted him asylum.

— November 2018: A U.S. court filing that appears to inadvertently reveal the existence of a sealed criminal case against Assange is discovered by a researcher. No details are confirmed.

— April 2, 2019: Ecuadorian President Lenin Moreno blames WikiLeaks for recent allegations of corruption.

— April 11, 2019: London police arrest Assange at the Ecuadorian embassy for breaching bail conditions in 2012, as well as on behalf of U.S. authorities, shortly after Ecuador's government withdrew his asylum status.

— May 1, 2019: Assange is sentenced to 50 weeks in prison for jumping bail in 2012.

— May 13, 2019: Sweden reopens rape investigation.

— Nov. 19, 2019: Swedish prosecutor drops rape investigation.

— Feb. 24, 2020: Assange extradition hearing opens with plans to continue to hold a second hearing in May.

— May 4, 2020: Judge delays extradition hearing amid COVID-19 pandemic.

— June 25, 2020: US files new indictment against Assange that prosecutors say underscores Assange's efforts to procure and release classified information.

AP

Last Updated : Sep 7, 2020, 9:59 PM IST
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