Julian Assange Wins Appeal on his Extradition Case

As expected the London High Court granted Julian Assange on Monday the right to appeal his extradition order to the United States. The decision was based on the U.S. failing to convince the court that Assange would be permitted to present a First Amendment defense in an American court. On March 26, the High Court in London ruled that Julian Assange had three grounds to appeal his extradition:
1) It was incompatible with his free speech rights under the European Convention on Human Rights
2) He might face prejudice due to his nationality, as he wouldn't receive First Amendment protection as a non-American
3) He lacked adequate protection against the death penalty, which is a prerequisite for Britain to proceed with extradition
The free speech issue is more complex because the decision on whether Assange can assert a First Amendment defense at trial will be made by a U.S. federal court, not the Department of Justice. the DOJ is in no position to provide assurance regarding the free speech matter, hence the High Court ruled to permit Assange to formally appeal his extradition due to a potential violation of British extradition law. This law is based on the European Convention on Human Rights, which mandates that the receiving country must uphold the extradited person's right to free speech. The U.S.-U.K. Extradition Act prohibits extradition if an individual might be prejudiced due to their nationality or if the First Amendment is central to their defense. Assange argues that denying him the right to invoke the First Amendment because he is a foreign national would result in significant prejudice against him based on his nationality. He maintains that if he were granted First Amendment rights, the prosecution would be halted, as the First Amendment is crucial to his defense. If he has the right to free expression and freedom of speech, then his actions, as alleged, would not be unlawful. The US DoJ argument that Chelsea Manning was given a fair trial even if he is not able to invoke his First Amendments Rights but what they are not arguing is Manning was a government whistleblower who had sign a non-disclosure clause on his job contract.

For WikiLeaks Editor-in-Chief Kristinn Hrafnsson, the decision was a watershed moment in Assange's very long battle, saying “Today marked the beginning of the end of the persecution. The signaling from the courts here in London was clear to the U.S. government: We don’t believe your guarantees, we don’t believe in your assurances.” First Amendment Rights is at the core of Assange against the US DoJ, it may lead to question whether the Espionage Act in constitutional or not, whether it violates a journalist rights or not. On the other hand the Biden administration may just be buying for time because elections is just around the corner and bringing Assange to the US to stand trial will not look good for Joe Biden's candidacy.
A date has yet to be set for the appeals to begin.


Source
https://consortiumnews.com/2024/05/20/assange-wins-right-to-appeal-on-1a-issue/?eType=EmailBlastContent&eId=b2ea46eb-e243-4484-a125-0638285112b1



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