“Publishing Is Not a Crime”: Finally, the New York Times, the Guardian and Three Other Newspapers Urge the US to End the Prosecution of Julian Assange

An image created by WikiLeaks after the five newspapers published their open letter to the Biden administration on November 28, 2022, calling for his prosecution to be dropped.

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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.”

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Video: The War on Journalism – The Case of Julian Assange

The poster for ‘The War on Journalism: The Case of Julian Assange’, directed by Juan Passarelli, and released in August 2020, and a screenshot of Andy Worthington, one of the WikiLeaks experts interviewed for the film.

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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.

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Over 70 Doctors Write to UK Home Secretary Priti Patel Expressing Fears That Julian Assange May Die in Belmarsh Prison

Julian Assange photographed after his most recent extradition hearing in October 2019.

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It’s three days now since over sixty medical professionals from around the world (now over seventy) published an open letter to the British home secretary Priti Patel (and shadow home secretary Diane Abbott) warning of their fears that WikiLeaks founder Julian Assange — who is being held in Belmarsh maximum-security prison as he fights plans to extradite him to the US to face espionage charges that carry a 175-year prison sentence — may die in British custody, and urging her to allow him to have “urgent expert medical assessment of both his physical and psychological state of health”, and that, if any medical treatment is required, for it to be “administered in a properly equipped and expertly staffed university teaching hospital.”

I’m pleased to note that the letter was picked up on by a number of significant mainstream media outlets, including the New York Times, the Washington Post and the Guardian.

However, because I think that, in particular, the detailed list of assessments of Assange’s condition, included in the letter, which have been made by numerous organizations and individuals between July 2015 and this month are worth reading in full, I’m cross-posting the letter below, as published on Medium, and credited to “Doctors for Assange,” and I’m hoping that, as a result, it will reach some new readers, and also that it will provide another reference point online for this comprehensive catalog of how, since he first sought asylum in the Ecuadorian Embassy in June 2012, Julian Assange has been deprived of proper medical and psychological treatment, leading to the terrible situation whereby now over seventy medical professionals fear for his life.

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Stop the Extradition: If Julian Assange Is Guilty of Espionage, So Too Are the New York Times, the Guardian and Numerous Other Media Outlets

An undated photo of a billboard outside the Ecuadorian Embassy in London, criticizing efforts by the US to punish Chelsea Manning and Julian Assange for having leaked and published classified US government documents.

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I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Nearly seven years ago, when WikiLeaks’ founder, Julian Assange, sought asylum in the Ecuadorian Embassy in London (on June 19, 2012), he did so because of his “fears of political persecution,” and “an eventual extradition to the United States,” as Arturo Wallace, a South American correspondent for the BBC, explained when Ecuador granted him asylum two months later. Ricardo Patino, Ecuador’s Minister of Foreign Affairs, spoke of “retaliation that could endanger his safety, integrity and even his life,” adding, “The evidence shows that if Mr. Assange is extradited to the United States, he wouldn’t have a fair trial. It is not at all improbable he could be subjected to cruel and degrading treatment and sentenced to life imprisonment or even capital punishment.”

Assange’s fears were in response to hysteria in the US political establishment regarding the publication, in 2010 — with the New York Times, the Guardian and other newspapers — of war logs from the Afghan and Iraq wars, and a vast number of US diplomatic cables from around the world, and, in 2011, of classified military files relating to Guantánamo, on which I worked as media partner, along with the Washington Post, McClatchy, the Daily Telegraph and others. All these documents were leaked to WikiLeaks by former US Army intelligence analyst Chelsea Manning. 

Nearly seven years later, Assange’s fears have been justified, as, on May 23, the US Justice Department charged him on 18 counts under the Espionage Act of 1917, charges that, as the Guardian described it in an editorial, could lead to “a cumulative sentence of 180 years.” 

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Nils Melzer, UN Special Rapporteur on Torture, Accuses US of Still Using Torture at Guantánamo, Asks to Visit and Meet Prisoners Unsupervised

An undated photo of anti-torture (and anti-Guantanamo) protestors in New York City.Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months of the Trump administration.





 

I wrote the following article for the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.

Last week, following Human Rights Day (on December 10), and the third anniversary of the publication of the executive summary of the Senate Intelligence Committee’s report into the CIA’s post-9/11 torture program (on December 9), the UN Special Rapporteur on torture, Nils Melzer, “appealed to the United States to end a pervasive policy of impunity for crimes of torture committed by US officials,” as a UN press release, issued on December 13, stated.

In a statement, Mr. Melzer, who was appointed by the UN Human Rights Council as the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment in November 2016, after previously working for the International Committee of the Red Cross and the Swiss government, made reference to the Senate torture report, noting how it “publicly acknowledged the systematic use of torture in US custody,” and stating, “To this day, however, the perpetrators and policymakers responsible for years of gruesome abuse have not been brought to justice, and the victims have received no compensation or rehabilitation.”

He added, “By failing to prosecute the crime of torture in CIA custody, the US is in clear violation of the Convention against Torture and is sending a dangerous message of complacency and impunity to officials in the US and around the world.” Read the rest of this entry »

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Andy Worthington

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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