The trial is over. Judge Vanessa Baraitser has ruled that Julian Assange will not be extradited to the United States. If anyone who has been observing the trial says that they aren’t surprised, they’re fibbing.
Nobody who sat through the proceedings (as I did at an earlier stage) could have failed to detect the bias and, on occasion, outright hostility that Baraitser displayed towards the defence lawyers. The bulk of her judgement is in that vein. The defence put forward numerous arguments for why Assange should not be extradited to the US – above all, that the US was bringing political, not criminal, charges against Assange, prohibited by the UK–US extradition treaty – and she ruled against nearly all of them.
She ruled there were no grounds for thinking that Assange’s constitutional rights wouldn’t be upheld in the US or that he would not be subject to arbitrary punishment after extradition. She denied at length, in the final paragraphs of her verdict, that this was a politically motivated prosecution aimed at silencing a journalist – essentially providing a face-saver for the UK government.
Instead, she ruled against extradition on the grounds that it would be ‘oppressive by reason of mental harm’ – that under US pre-trial conditions, held in isolation in a maximum-security prison, Assange would not be prevented from committing suicide.
It seems that the spectre of ‘supermax’ – the brutal reality of the American carceral system – was placed in the dock and found guilty. Pure hypocrisy. Is London’s notorious Belmarsh Prison, where Assange was held in isolation after being forcibly arrested in the Ecuadorian Embassy in April 2019, a humanitarian zone by comparison? In late 2019, doctors who inspected Assange wrote an open letter to the British government, stating that he ‘could die in prison without urgent medical attention’ due to the conditions in which he was kept. Nils Melzer, the UN Rapporteur on Torture, noted that ‘Assange showed all the signs typical for victims of psychological torture’, having been ‘in solitary confinement for all intents and purposes for more than a year now’. But Baraitser gave short shrift to this testimony.
Her ruling is only the first step. We do not know whether Assange will be granted bail pending the US appeal, or whether the judge will be vindictive. At his bail hearing tomorrow, the court will be more concerned about the risk of flight than the risk of assassination. And though Baraitser expressed her grave concern for his psychological wellbeing, she is unlikely to safeguard it by issuing an order of protection.
Questions also remain about the real reasons for this clemency. Did the incoming Biden administration let it be known they would rather avoid a US prosecution, in which the New York Times would be bound to defend Assange’s rights under the First Amendment, since it had also published Wikileaks materials? Did the British government want to link this to its own stalled extradition case against Anne Sacoolas, the US diplomat’s wife who fatally ran over a British teenager in August 2019? More details may yet emerge. But as they say in sport, a win is a win. The refusal to extradite should be celebrated, whatever its motives.
As most people know, the case against Assange – an initiative of Eric Holder, the US Attorney General under Obama – is little more than an attempt to suppress freedom of expression. In a world where visual propaganda is central to war making, counter-images present a problem for the warmongers. When Al Jazeera broadcast footage of American troops targeting civilians during the War on Terror, a US army general – accompanied by a jeep full of armed soldiers – entered the news channel’s compound in Qatar to demand an explanation. The director of the station, a soft-spoken Palestinian, explained that they were simply reporting the news. A year later he was dismissed from his post.
Wikileaks likewise obtained footage of a 2007 US helicopter attack on unarmed civilians in Baghdad. The pilots were heard cheering, ‘Light ’em all up!’ and cracking jokes after firing on two young children: ‘Well, it’s their fault for bringing their kids into a battle.’ The ghoulish cynicism shocked many after the tape went viral. The crime it depicted wasn’t novel, nor was it comparable in scale to previous American atrocities (massacre of POWs in Korea, chemical warfare in Vietnam, carpet bombing in Cambodia and so on). Yet the Pentagon fulminated that the Wikileaks video would encourage terrorist reprisals. The problem was evidently not with committing war crimes, but with capturing them on film. Thus, Chelsea Manning, who leaked the material, and Assange, who published it, must be made to feel the consequences.
Wikileaks cast light on the real reasons for the military interventions of the 2000s, which had nothing to do with freedom, democracy or human rights – except as codewords for capital accumulation. Using the internet to bypass legacy media, Assange published more than two million diplomatic cables and State Department records that exposed the machinery of American Empire. The reaction of the US state has often tipped into absurdity; a dog snapping mindlessly at everything ends up biting his own tail. Assange pointed out that ‘by March 2012, the Pentagon had gone so far as to create an automatic filter to block any emails, including inbound emails to the Pentagon, containing the word Wikileaks.’ As a result, Pentagon prosecutors preparing the case against Chelsea Manning found they were not receiving important emails from either the judge or the defence.
Revenge was the lesser motive. The primary aim was to deter other whistleblowers. Yet this was shortsighted and foolish. Those who expose war crimes, corruption or corporate malfeasance are usually courageous but ‘ordinary’ people, often quite conservative, working in establishment institutions: think of onetime CIA employee Edward Snowden or former marine Daniel Ellsberg. Would such a person – whose entire worldview has been shaken by some horror in their conscience – succumb so easily to a deterrent? The attempt to make an example out of Manning and Assange is at odds with the mentality of the whistleblower, whose sense of injustice drives them to accept the life-changing consequences of leaking.
Ellsberg, the State Department official who handed over secret Pentagon Papers to the New York Times, eventually became a liberal sweetheart, especially amongst Democrats, as he had exposed Nixon’s lies and misdemeanors during the war in Vietnam. I doubt whether Julian Assange will ever reach that exalted status on either side of the Atlantic. He has been slandered by media outlets across the political spectrum. Liberal newspapers have lined up to claim that he is ‘not a journalist’ but an ‘activist’ – or, as the Boston Herald had it, a ‘spy’. His trial never got the coverage it deserved in the NYT, Washington Post or the Guardian. The latter, despite publishing the Wikileaks material back in 2011, now appears to have given up on serious investigative journalism altogether. By contrast, El País and the Suddeutsche Zeitung were more objective.
Given what Assange has suffered, a few weeks of freedom in lockdown Britain will be a gift from heaven. No more cramped space and lack of sunlight; a chance to hug his partner and children, to use a computer, or pick up a random book. ‘I am unbroken, albeit literally surrounded by murderers’, he wrote to a friend from Belmarsh. ‘But the days when I could read and speak and organize to defend myself, my ideals and the people are over…’
Perhaps not.