Judges dismiss Assange appeal bid unless US promises no death penalty

Supporters of Julian Assange gathered outside the Royal Courts of Justice in London as the High Court ruled that the United States must give assurances that Assange will not face the death penalty before judges will consider dismissing his bid to bring an extradition appeal. Assange faces prosecution in the US over an alleged conspiracy to obtain and disclose national defense information. US authorities won a bid to overturn a ruling blocking his extradition, and during a two-day hearing in February, Assange’s lawyers asked for the go-ahead to challenge the dismissal of other parts of his case.

In a judgment, Dame Victoria Sharp and Mr. Justice Johnson dismissed most of Assange’s legal arguments but said that unless assurances were given by the US that he would be protected by the First Amendment, not prejudiced at trial due to his nationality, and that the death penalty would not be imposed, he could bring an appeal on three grounds. The US authorities have three weeks to give these assurances, with a final hearing potentially taking place in late May. Assange’s wife, Stella Assange, described the ruling as “astounding” and condemned the case as retribution for exposing the interests driving war.

Addressing Assange’s argument about freedom of speech, Dame Victoria said that if he is not permitted to rely on the First Amendment because of his status as a foreign national, he could be prejudiced by reason of his nationality. She concluded that it is arguable that Assange might be treated differently at trial on the grounds of his nationality, and they would grant leave to appeal subject to the question of whether this could be addressed by means of an assurance from the US. At the start of Assange’s bid, it was argued that the US’s prosecution would be retribution for his political opinions, but the judges rejected this argument, stating that it did not engage with the judge’s reasoning or identify any flaws in her factual conclusions.

The hearing at the Royal Courts of Justice was attended by dozens of journalists and members of the public, with hundreds observing remotely. As the judgment was awaited, dozens of people stood outside the courthouse holding placards bearing the message “Free Julian Assange” and chanting “There is only one decision, no extradition.” Stella Assange criticized the courts for inviting a political intervention from the US and called for the Biden administration to drop the case, stating that it was a signal to all that exposing the interests driving war could result in imprisonment and even death. The case has sparked controversy and drawn attention to issues of freedom of speech, nationality, and the use of the death penalty in the extradition process.

In a statement, Assange’s legal team expressed disappointment in the ruling, arguing that the case against him was politically motivated and should not result in extradition. The judges’ decision to grant leave to appeal on three grounds related to assurances from the US indicates that there are still legal avenues to be explored in the ongoing legal battle. The hearing and subsequent judgment have highlighted the complex and contentious nature of Assange’s case, which has implications for freedom of speech, government transparency, and the treatment of whistleblowers. With the final hearing potentially taking place in late May, the fate of Assange’s extradition remains uncertain, but the fight for his freedom continues as supporters rally behind him in his legal battle.