The British High Court in London requested assurances from the U.S. that could enable the extradition of Julian Assange to the U.S. to face espionage charges. Without these assurances, Assange would have the opportunity to appeal his extradition over WikiLeaks’ publication of classified U.S. military documents 14 years ago. The U.S. provided guarantees that Assange would be able to seek a First Amendment right to free speech during a trial in the U.S. and that he would not face new charges that could result in the death penalty. A hearing is set for May 20 to determine if Assange can be extradited, with his only remaining option being an appeal to the European Court of Human Rights if the British court rules in favor of extradition.
According to the document filed by the U.S., Assange will have the ability to rely on rights and protections under the First Amendment of the U.S. Constitution during the trial, although the applicability of the First Amendment would be decided by the U.S. courts. The U.S. also assured that the death penalty will not be sought or imposed in Assange’s case. However, lawyers for Assange have expressed doubts about the reliability of these assurances if their client does face extradition. Assange faces 17 counts under the Espionage Act for allegedly receiving, possessing, and communicating classified information, as well as one charge of conspiracy to commit computer intrusion.
Assange’s family has expressed distress at the U.S. assurances, with his wife Stella calling them “blatant weasel words” that do not alleviate their concerns about his future. His brother Gabriel Shipton described the diplomatic note as another milestone in Assange’s persecution. President Biden recently stated that he is considering Australia’s plea to drop the charges against Assange, prompting calls for the prosecution to be shut down and for Assange to be reunited with his family. The U.S. Justice Department declined to comment on the guarantees provided.
Assange has been held at London’s Belmarsh Prison since 2019 after being removed from the Ecuadorian Embassy where he sought asylum to avoid extradition to the U.S. The investigations into sexual assault allegations against him in Sweden were eventually dropped. The Obama administration decided not to indict Assange in 2013 over WikiLeaks’ publication of classified cables, and President Obama commuted Chelsea Manning’s sentence for violations of the Espionage Act in 2017. However, under the Trump administration, the Justice Department moved to indict Assange under the Espionage Act, a prosecution that the Biden administration has continued.
Assange’s case is seen by many as setting a dangerous precedent that could criminalize journalism, as no publisher had previously been charged under the Espionage Act until him. Press freedom groups have criticized his prosecution, and concerns have been raised over the potential impact on freedom of the press. The outcome of the upcoming hearing on May 20 will determine whether Assange can be extradited to the U.S. to face the espionage charges brought against him. As the legal battle continues, Assange’s future remains uncertain, with his family and supporters advocating for the charges to be dropped and for him to be released.
