British court rules Julian Assange may make full appeal against US extradition on First Amendment grounds

WikiLeaks founder Julian Assange may appeal an extradition order to the U.S. on espionage charges for publishing classified U.S. military documents, the British High Court ruled Monday. Judges Victoria Sharp and Jeremy Johnson ruled in favor of Assange after his lawyers successfully argued that the U.S. government's assurances that he would be entitled to the same free speech protections as American citizens in a U.S. courtroom were 'blatantly inadequate.

WikiLeaks' 'Collateral Murder' video showing the U.S. military gunning down civilians in Iraq, including two Reuters journalists, was also published 14 years ago. Assange's family praised Monday's ruling as a victory for freedom of speech, now allowing the Australian publisher to make a full appeal before the British court.

Assange’s lawyers only accepted that he would not face the prospect of capital punishment, pointing out that the assurance that Assange could 'raise and seek to rely upon' the First Amendment was inadequate. His lawyers also argued that the U.S. refused to agree not to challenge Assange's right to use the First Amendement defense. 'The real issue is whether an adequate assurance has been provided to remove the real risk identified by the court,' lawyer Edward Fitzgerald said.

The Obama administration in 2013 decided not to indict Assange over WikiLeaks' 2010 publication of classified cables because it would have had to also indict journalists from major news outlets who published the same materials. President Obama also commuted Manning’s 35-year sentence for violations of the Espionage Act and other offenses to seven years in January 2017, and Manning, who had been imprisoned since 2010, was released later that year.

No publisher had been charged under the Espionage Act until Assange, and many press freedom groups have said his prosecution sets a dangerous precedent intended to criminalize journalism. 'This decision marks an important milestone in Julian Assange's legal case, opening up a vital new path to prevent extradition,' Reporters Without Borders Director of Campaigns Rebecca Vincent said in a statement.

Source: Law Daily Report (lawdailyreport.net)

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