In moving testimony at a hearing of the Legal Affairs Committee of the Parliamentary Assembly of the Council of Europe (PACE) in Strasbourg this morning, WikiLeaks’ founder Julian Assange — in his first public appearance since his freedom was restored three months ago — spoke eloquently about the continuing importance of journalistic freedom to hold the powerful to account, while conceding that, in his case, he eventually “chose freedom over unrealizable justice” by signing a plea deal in which he was required to admit that he was “guilty” of journalism.
Still visibly shaken by his five-year ordeal in Britain’s maximum security Belmarsh prison, as he sought to challenge a US extradition request for a politically motivated prosecution under the US Espionage Act that carried a maximum 175-year sentence, Assange began by reflecting on his inability, to date, to be able to fully articulate what he described as his “relentless struggle to stay alive, both physically and mentally”, while in Belmarsh, as well as his present inability to speak about “the deaths by hanging, murder and medical neglect” of his fellow prisoners.
He then thanked PACE for their interventions on his behalf, as well as the many organizations and individuals who worked for his freedom, which, he said, should not have been necessary, but was because the legal protections that he should have been able to count on were, sadly, inadequate, in the face of a government — the US government, with the support of the UK in particular — that treated them with contempt, obliging him to sign a plea deal in which he “pled guilty to journalism, to ”seeking information from a source”, to “obtaining information from a source”, and to “informing the public what that information was”, because otherwise he would never have been freed.
Thanks to Chris Cook for having me on his Gorilla Radio show in Victoria, in western Canada on Wednesday to talk about a number of topics. The one-hour show is available here, on Chris’s Substack account, and my interview took part in the first half.
Chris began by asking me about the recent by-election victory, here in the UK, of George Galloway, the former Labour MP, who destroyed both Labour and the Tories on a platform opposing their unconditional support for Israel’s genocide in Gaza, which, of course, is also opposed by a majority of the population. As he stated in a tweet after his victory, “Gaza is the moral centre of the world right now.”
Chris asked me about the government’s hysterical response, with Prime Minister Rishi Sunak delivering a special address to the nation to complain about the threat posed by a democratically-elected MP, but with, of course, a darker undercurrent of groundless suggestions that British democracy is under threat from “Islamist extremists” — all part of the desperate, flailing efforts of the British establishment to criminalize all criticism of Israel’s actions as anti-semitic.
On Monday November 28, the 12th anniversary of the “Cablegate” release of over 250,000 US diplomatic cables leaked to Wikileaks by Chelsea Manning, the editors of the New York Times, the Guardian and three other newspapers who worked on the cables as media partners — Le Monde, Der Spiegel and El País — sent an open letter to the Biden administration calling on the US government “to end its prosecution of Julian Assange for publishing secrets,” because “[p]ublishing is not a crime.”
As the editors stated, “The Obama-Biden Administration, in office during the Wikileaks publication in 2010, refrained from indicting Assange, explaining that they would have had to indict journalists from major news outlets too. Their position placed a premium on press freedom, despite its uncomfortable consequences. Under Donald Trump however, the position changed. The DOJ relied on an old law, the Espionage Act of 1917 (designed to prosecute potential spies during World War I), which has never been used to prosecute a publisher or broadcaster.”
As they added, “This indictment sets a dangerous precedent, and threatens to undermine America’s First Amendment and the freedom of the press. Holding governments accountable is part of the core mission of a free press in a democracy. Obtaining and disclosing sensitive information when necessary in the public interest is a core part of the daily work of journalists. If that work is criminalized, our public discourse and our democracies are made significantly weaker.”
Ten years ago today, I was working with WikiLeaks as a media partner — working with the Washington Post, McClatchy Newspapers, the Daily Telegraph, Der Spiegel, Le Monde, El Pais, Aftonbladet, La Repubblica and L’Espresso — on the release of “The Guantánamo Files,” classified military documents from Guantánamo that were the last of the major leaks of classified US government documents by Chelsea Manning, following the releases in 2010 of the “Collateral Murder” video, the Afghan and Iraq war logs, and the Cablegate releases.
All the journalists and publishers involved are at liberty to continue their work — and even Chelsea Manning, given a 35-year sentence after a trial in 2013, was freed after President Obama commuted her sentence just before leaving office — and yet Julian Assange remains imprisoned in HMP Belmarsh, a maximum-security prison in south east London, even though, in January, Judge Vanessa Baraitser, the British judge presiding over hearings regarding his proposed extradition to the US, prevented his extradition on the basis that, given the state of his mental health, and the oppressive brutality of US supermax prisons, the US would be unable to prevent him committing suicide if he were to be extradited.
That ought to have been the end of the story, but instead of being freed to be reunited with his partner Stella Moris, and his two young sons, Judge Baraitser refused to grant him bail, and the US refused to drop their extradition request, announcing that they would appeal, and continuing to do so despite Joe Biden being inaugurated as president. This is a black mark against Biden, whose administration should have concluded, as the Obama administration did (when he was Vice President), that it was impossible to prosecute Assange without fatally undermining press freedom. As Trevor Timm of the Freedom of the Press Foundation stated in April 2019, “Despite Barack Obama’s extremely disappointing record on press freedom, his justice department ultimately ended up making the right call when they decided that it was too dangerous to prosecute WikiLeaks without putting news organizations such as the New York Times and the Guardian at risk.”
In a prison cell in HMP Belmarsh, in south east London, which is supposedly reserved for the most violent convicted criminals in the UK, Julian Assange, the founder of WikiLeaks and a non-violent individual who has not been convicted of a crime, awaits a ruling regarding his proposed extradition to the United States, to face disgracefully inappropriate espionage charges related to his work as a publisher of classified US documents that were leaked by US soldier Chelsea Manning.
The first stage of hearings regarding Julian’s extradition took place in February, and were supposed to continue in May, but were derailed by the arrival of Covid-19. In February, I had submitted as evidence a statement in support of Julian, based on having worked with him as a media partner on the release of classified military files from Guantánamo in 2011. I expected to be questioned about my evidence in May, but, in the end, it wasn’t until September that the hearings resumed.
To coincide with the resumption of the hearings, a 38-minute film was released, “The War on Journalism: The Case of Julian Assange,” directed by filmmaker Juan Passarelli, for which I was interviewed, in the esteemed company of of John Pilger, UN torture rapporteur Nils Melzer, lawyers Jennifer Robinson and Renata Avila, Julian’s wife Stella Moris, journalists Barton Gellman, Margaret Sullivan, Iain Overton, Max Blumenthal and Matt Kennard, WikiLeaks’ editor in chief Kristin Hrafnsson, and Conservative MP David Davies.
Last week, during the fourth and last week of hearings regarding the proposed extradition to the US of WikiLeaks founder Julian Assange, two statements I made in his defence (via the tireless Gareth Pierce and her colleagues) were read into the evidence at the Old Bailey in London. The two statements were subsequently made available by Antiwar.com — the first, from February, is here, and the second, made last week, is here. A decision on the extradition case is expected to be delivered by Judge Vanessa Baraitser on January 4, 2021.
It took a certain amount of to-ing and fro-ing in court to get my statements accepted, and for some time efforts were made to get me to testify in person, and to be cross-examined by the prosecutor, but — perhaps mercifully — the latter course of action didn’t eventually transpire, as the prosecutor, James Lewis, had, throughout the hearings, maintained “very systematic techniques of denigrating and browbeating” expert witnesses, according to the human rights activist (and former Ambassador) Craig Murray, who attended the hearings for the whole month.
My statements related to my work with WikiLeaks as a media partner on the release of classified military files from Guantánamo in 2011, in which I noted how much of the supposed evidence used to justify imprisonment at Guantanamo was, as I described it in my first statement, information extracted from “the Guantánamo prisoners’ fellow prisoners who had been subjected to torture or other forms of coercion either in Guantánamo or in secret prisons run by the CIA”, or information which was equally “unreliable because fellow prisoners had provided false statements to secure better treatment in Guantánamo.”
I’m currently waiting to be called as a witness in the notorious extradition case of WikiLeaks founder Julian Assange, currently taking place in the Old Bailey, and, as a result, I haven’t been posting about the hearings, which began three weeks ago, and have one week left to run, since the hearings began, when I wrote an article entitled, The Ongoing and Unjustifiable Persecution of Julian Assange. For information about disagreements in court regarding my testimony, see this post by Craig Murray, and for detailed information about the events of the last three weeks, see his daily reports, and those of Kevin Gosztola of Shadowproof. Gosztola has also produced this guide to all the journalists and organizations covering the hearings in the absence of dedicated daily coverage by any mainstream media.
My involvement with Assange’s extradition hearing came about because, nine and a half years ago, I worked with WikiLeaks as a media partner on the release of classified military files from Guantánamo that had been leaked by US soldier Bradley (now Chelsea) Manning. The release of the files followed the release, in 2010, of the “Collateral Murder” video, showing US helicopter pilots killing civilians, including two Reuters journalists, and laughing about it, extensive war logs from the Afghan and Iraq wars, and over 250,000 US diplomatic cables.
Julian Assange is now fighting to prevent his unjustifiable extradition to the US, to face charges under the Espionage Act that would mean life in prison if he were to be convicted. And what’s profoundly alarming about this, as should not even need saying at all, is that Assange’s alleged crimes are not crimes at all.
A hugely important struggle for press freedom is currently taking place in the Old Bailey in London, where, on Monday, three weeks of hearings began regarding the proposed extradition to the US of Julian Assange, the founder of WikiLeaks. In 2010 and 2011, WikiLeaks published documents leaked by a serving member of the US military — Bradley, now Chelsea Manning — that exposed evidence of war crimes committed by the US and, in the case of my particular area of expertise, Guantánamo.
The Guantánamo revelations were contained in classified military files relating to almost all of the 779 men held at the prison by the uS military since it opened in January 2002, which, for the first time, explicitly revealed how profoundly unreliable the supposed evidence against the prisoners was, much of it having been made by prisoners who had made numerous false statements against their fellow prisoners. I worked with WikiLeaks as a media partner for the release of the Guantánamo files, and my summary of the files’ significance can be found in the article I wrote when they were first published entitled, WikiLeaks Reveals Secret Guantánamo Files, Exposes Detention Policy as a Construct of Lies.
I should add that I am one of the witnesses for the defence, and will be appearing in court sometime over the next few weeks to discuss the significance of the Guantánamo files. See this post by Kevin Gosztola of Shadowproof listing those taking part, who include Professor Noam Chomsky, Jameel Jaffer, the executive director of the Knight First Amendment Institute at Columbia University, journalists John Goetz, Jakob Augstein, Emily Dische-Becker and Sami Ben Garbia, lawyers Eric Lewis and Barry Pollack, and Dr. Sondra Crosby, a medical doctor who examined Assange while he was in the Ecuadorian Embassy, where he lived for almost seven years after claiming asylum in 2012.
Just over ten years ago, Pfc. Bradley Manning, stationed in Iraq as an intelligence analyst, undertook the largest leak in US history of classified government documents. These documents included 482,832 Army reports from the Afghan and Iraq wars, 251,287 US diplomatic cables from around the world, and classified military files relating to the prisoners at Guantánamo Bay, as well as the “Collateral Murder” video, which showed US military personnel killing civilians from helicopters and laughing about it.
Manning leaked the files to WikiLeaks, founded by Julian Assange, which published the documents in 2010 and 2011. The last releases were of the Guantánamo Files, on which I worked as media partner, along with the Washington Post, McClatchy, the Daily Telegraph, Der Spiegel, Le Monde, El Pais, Aftonbladet, La Repubblica and L’Espresso.
WikiLeaks began publishing these files nine years ago today, on April 25, 2011, introduced by an article I had written about their significance, “WikiLeaks Reveals Secret Files on All Guantánamo Prisoners,” posted on my own website that same day as WikiLeaks Reveals Secret Guantánamo Files, Exposes Detention Policy as a Construct of Lies.
Good news from the United States District Court for the Eastern District of Virginia, where, on Thursday (March 12), District Judge Anthony J. Trenga ordered the immediate release from jail of whistleblower Chelsea Manning (formerly Pfc. Bradley Manning), who has been imprisoned since last March for refusing to cooperate with a Grand Jury investigation into WikiLeaks and its founder Julian Assange.
While serving as an Army intelligence analyst in 2009, Manning was responsible for the largest leak of military and diplomatic documents in US history, and received a 35-year sentence — described by Charlie Savage in the New York Times as “the longest sentence by far in an American leak case” — in August 2013.
After her conviction, as Savage also explained, “she changed her name to Chelsea and announced that she wanted to undergo gender transition, but was housed in a male military prison and twice tried to commit suicide in 2016.” After these bleak experiences, it came as an extremely pleasant surprise when, just before leaving office in January 2017, President Obama commuted most of her sentence, as I explained in an article at the time, entitled, Obama Commutes Chelsea Manning’s 35-Year Sentence; Whistleblower Who Leaked Hugely Important Guantánamo Files Will Be Freed in May 2017, Not 2045.
Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo and We Stand With Shaker, singer/songwriter (The Four Fathers).
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