#JulianAssange extradition hearings Part 2 - Day 18 (Thread)

Final Day?

via @SputnikInt

(Like the last two days I shall be attending today's hearings from inside the Old Bailey via the press annex. This case may end up finishing one day earlier than scheduled)

Summers QC: Madam we are on the last leg. There are 4 things that need to be done today
-Hamit statement
-Discussion & negotiation overnight into this morning. "The ship is approaching the shore but is yet to birth"
-Ms Pierce’s 5 statements working those

.... -Mr Tigar’s statement requires further discussion
-Also in pipeline a short update on Spanish proceedings that has been prepared and needs to be served and reviewed
-There will be during the course of today a very short statement that puts into evidentiary...

... form submission on the new changes to the indictment and the issues that surround that in order to make the points in closing as confined to the statutory scheme.

Judge adjourns 'till 11:30

Festivities outside the court continue as the parties continue to negotiate the contents of final statements to be read into the court record.

Although court is meant to reconvene at 11.30 I've been informed by a court officer that Mark Summers QC thinks they will need more time. The way things are looking it is likely the substantive hearings won't wrap up until after lunch.

Court has reconvened briefly and has been adjourned again. Progress has been made the parties tell the judge.

“We fully anticipated that we will finish the evidentiary hearing today”, James Lewis QC tells the judge.

Judge adjourned until 2PM.

Today is the 14th anniversary of the registration of the WikiLeaks domain name. Emmy Butlin ( @greekemmy) of the @JA_Defence will attempt to organise some speakers outside of the Old Bailey.

via @SputnikInt

Insiders have confirmed that today's hearing is likely to be finished before 4. The defence are considering comments made by the prosecution in relation to statements which are due to be read out in court from 2PM onwards.

"This is about freedom. This is about freedom of speech, freedom of the press, which is going and has been lost in this country today" - London Assembly Member @DavidKurten outside the Old Bailey on final day of substantive hearings in case of #JulianAssange.

via @SputnikInt

Both "the facts" and "the law" are on Mr Assange’s side, says Alexander Mercouris, editor-in-chief @TheDuran_com, who explained that although it has been a “gruelling” process he is now much more optimistic than he was at the start.

via @SputnikInt

When court reconvened Mark Summers QC told the court that the parties were "very nearly" in agreement as to the final statements and required only 30 more minutes. However, this changed slightly when James Lewis QC for the prosecution 'objected' saying that...

"It has become almost intolerable" because they have had 4 new statements today and that while 2 of which have dealt with 3 minutes before entering the court "we have been served with two more statements". "We are not going to agree to them. We are going to object"....

... Mr Lewis insists, unless the defence can convince the court otherwise. Mr Summers appeared surprised and insisted that he "hadn’t understood that that was the position being taken". Mrs Pierce's statement was served on CPS by 1pm and isn't sure why...

... Mr Lewis hadn't seen it before then and Ms Prince’s just replicates the transcript of an exchange at the Frontline club.

Mr Summers told the court that he doesn't belive that "on mature reflection" the additional two statements "are going to be properly objectionable".

The judge adjourned the hearing again until 2:40, she will also review the two additional statements, & if an agreement hasn't been reached by the parties she may have to intervene.

Although this case was expected to end today (one day early) it may end up going into tomorrow.

After another 10 min delay all the parties are in court awaiting the Judge's return.

A summary of professor Michael Tigar's statement has been read.

Professor Tiger holds professorships from UCLA, lectured at various law schools and author of multiple books on criminal law. He teaches constitutional law, criminal law, international criminal law, human rights.

Prof Tiger practices in the areas in which he holds academic credentials. He has acted for defendants in freedom of expression cases and espionage cases, has worked on Chagos Islands and Pinochet case. Was a member of the WaPo team that exposed the Watergate scandal.

Prof Tiger gave an overview of the Espionage Act. The indictment of the publisher and implications for freedom of the press and freedom of speech. He observes that whistleblower disclosures can operate to expose injustice.

The work of journalists who work with whistleblowers is essential to achieving important social reforms, Prof Tiger says.

‘Journalistic’ is used by the prosecution in their opening, Mr Tiger says but the indictment doesn’t appear in the indictment which refers to WikiLeaks as...

...the “intelligence agency of the people” and avoids language referring to journalism. He observes that is with the advent of the internet things have changed in journalism and drop boxes are part of widespread uses (as we also heard from Prof Timm).

"To such people we owe a great deal" says Prof Tiger.

The history of journalism involves many forms. From broadsheets to handbills. Liberty of the press is not confined to newspapers and periodicals, he says in his statement, as read by Mr Edward Fitzgerald QC.

Mr Tiger speaks about the ethical and historical significance of some of the materials described by WikiLeaks, such as the Guantanamo detainee assessment briefs and Rules of Engagement designed to forestall the commission of war crimes such as targeting of civilian populations...

...and crimes against humanity.
He deals with over classification. The classified stays if information revealed by a defendant in a case of this kind… classification… the finding that he
US law provides that an accused may not challenge the classified status of documents.

Prof Tiger gives historical commentary as to what happened in the Elsberg case. Nixon admin prosecuted Elsberg and his colleague Anthony Russo for espionage for leaking the Pentagon Papers…

...Agents of the US govt:
1 Burglarised Ellsberg’s psychologist office
2 Illegal wiretaps of persons related to this case
3 Claimed not to possess wiretaps so that they could not be tested in court
4 Attempt to influence the trial judge by offering him a position as FBI director

Ed Fitzgerald QC went very quickly noting edited aspects of 5 statements of Mrs Gareth Pierce. Sets out by way of background the whole history of proceedings from when Mr Assange took refuge in the Ecuadorian Embassy. Sets out subject matter in the Spanish courts...

...Sets out the history of evidence from UC Global and the inquiries then made by the Spanish investigating judge. There is also discussion of surveillance of lawyer-client privilege and taking of privileged papers by UC-Global.

Now discussing arguments in fabvour of two statements being submitted by the defence.

Judge says it is not in the interest of justice for these latest two statements to be accepted by the court given that they are very late and that they don't offer significant enough revelations (one is a transcript of a Frontline club Q&A) and the other is a statement by AG Barr

Another brief adjournment while further evidence/statements to be considered. There is further objection by prosecution to submission of another statement/piece of evidence.

"(Appears the AG comments are here: https://www.justice.gov/opa/speech/remarks-attorney-general-william-p-barr-hillsdale-college-constitution-day-event along with Washington Post story on the speech, 'Barr accuses Justice Department of headhunting and meddling with politics' https://www.washingtonpost.com/national-security/william-barr-hillsdale-college/2020/09/16/0986dac4-f887-11ea-a275-1a2c2d36e1f1_story.html)"

via @DEAcampaign

Judge refuses a statement from Mrs Pierce explaining that there wasn't enough time to address amended charge in second superseding indictment.

Court adjourned till 29 Oct when call over hearing is due.

Judge's judgment scheduled for Old Bailey 4 January 2020 10am.

Awaiting Stella Morris and members not WikiLeaks to come out and make a final statement.

Final statements from Stella Morris, Kristinn Hrafnsson, Craig Murray, John Shipton and Rebecca Vincent.

@richimedhurst called the lack of proper coverage of Mr Assange's extradition hearings an abomination. He also heavily criticised the fact that people implicated in the war crimes exposed by WikiLeaks have never been arrested or prosecuted.

Correction Judge's judgment scheduled for Old Bailey *4 January 2021*, 10am.

Kristinn Hrafnsson and John Shipton release balloons to celebrate 14th anniversary of WikiLeaks' registration of its domain name.

via @SputnikInt