Julian Assange - latest: Wikileaks founder put people at ‘grave and imminent risk’, court hears
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Julian Assange put people at “grave and imminent risk” by including the names of people who helped the US in unredacted classified documents which he “indiscriminately and knowingly” published to the world, a court has heard.
The WikiLeaks founder failed to appear in the High Court for a second day running in his long-standing battle against extradition to the US, where he is accused of leaking confidential military secrets.
The 52-year-old Australian, who faces 17 charges of espionage and one of computer misuse, is wanted by US authorities over an alleged conspiracy to obtain and disclose national defence information following the publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars.
His lawyers said that if extradited, he would face a “flagrant denial of justice” by prejudiced judges, and was being prosecuted for “ordinary journalistic practice”.
A judge ruled in 2021 that Assange should not be sent to the US, given there was a real risk of suicide, but ruled against him on all other issues.
Assange, who is in Belmarsh jail in London, is now seeking permission to challenge the judge’s dismissal of other parts of his case.
Read the events from court today below:
Key Points
Welcome to our live coverage
Tuesday 20 February 2024 18:26 , Holly Evans
Welcome to our live coverage of Julian Assange’s final bid in an attempt to secure a UK appeal against his extradition to the US.
We’ll be bringing you all the latest updates here.
Who is Julian Assange and what secrets is he accused of leaking?
Tuesday 20 February 2024 18:32 , Holly Evans
Seven years ago, Julian Assange stood outside the Ecuadorian embassy and greeted his supporters with a fist in the air - he couldn’t have thought a prolonged legal battle against extradition to the US would have continued until this week.
The 52-year-old Australian was at the embassy in London seeking asylum as Swedish authorities wanted to speak to him over a rape allegation which was later dropped.
He feared that leaving the UK would lead to him being sent to the US where he was soon to be charged with conspiring to hack into military databases to acquire sensitive information following the publication of files on WikiLeaks.
Read the full explainer from Lydia Patrick and Alex Ross here:
Who is Julian Assange and what secrets is he accused of leaking?
Julian Assange’s wife joins protest outside High Court as he begins last-ditch bid to fight extradition
Tuesday 20 February 2024 18:40 , Holly Evans
Protesters have gathered outside the High Court in London in support of Julian Assange as the WikiLeaks founder started his last-ditch bid to avoid extradition to the US.
Among those outside the Royal Courts of Justice on Tuesday morning were former Labour leader Jeremy Corbyn and Mr Assange’s wife, Stella, who told a crowd: “They just cannot get away with this”.
The 52-year-old is making a last-ditch appeal at the two-day hearing against being to the US, where he faces charges for conspiracy to obtain and disclose national defence information after the publication of intelligence files on WikiLeaks.
Read the full article here
Protests as Julian Assange begins last-ditch attempt to fight US extradition
Extradition would be ‘retribution for his political opinions’, say Assange lawyers
Tuesday 20 February 2024 18:43 , Holly Evans
During the first day of the hearing on Tuesday, Mark Summers KC argued the US prosecution of Assange would be retribution for his political opinions, meaning it would be unlawful to extradite him under UK law.
The barrister said: “This is a paradigm example of state retaliation for the expression of political opinion.
“The district judge did not address it, had she done so, it would have been fatal to her decision.”
In written submissions, Mr Summers and Edward Fitzgerald KC, also for Assange, added: “The evidence showed that the US was prepared to go to any lengths, including misusing its own criminal justice system, to sustain impunity for US officials in respect of the torture/war crimes committed in its infamous ‘war on terror’, and to suppress those actors and courts willing and prepared to try to bring those crimes to account.
“Mr Assange was one of those targets.”
US had allegedly plotted to kill or kidnap Assange
Tuesday 20 February 2024 18:50 , Holly Evans
The High Court was told that the US had planned to kill or kidnap Julian Assange.
Mark Summers KC, for the WikiLeaks founder, said: “What the evidence now shows is that the US developed a plan to try to either kill or rendition Mr Assange to the USA.
“What evidence the district judge heard on that came from protected witness two and it was truly breathtaking.”
Mr Summers said there was a plan to kidnap or poison Assange in the Ecuadorian embassy in London, where he remained for around seven years.
He continued: “With respect to the district judge, there were red flags everywhere.”
The barrister later said the plan “only fell apart when the UK authorities weren’t very keen on the thought of rendition, or a shootout, in the streets of London”.
Editor of Wikileaks criticises court proceedings: ‘What are they trying to hide?'
Tuesday 20 February 2024 19:01 , Holly Evans
Kristinn Hrafnsson, editor-in-chief of WikiLeaks, took to the stage during the lunch break to reflect on the morning’s proceedings.
He said he had been sent to an overflow room, along with many journalists, who missed parts of the morning’s proceedings due to an insufficient audio feed.
“If this is how you practise open justice, then I don’t have much faith in the court system here. It is absurd that journalists are not able to observe one of the most important cases for journalists in modern times,” he said.
He added that the case had been put in one of the smallest court rooms in the building.
“How on earth is that possible with all the massive interest in this case? What are they trying to hide?” Mr Hrafnsson said.
The many twists and turns of Julian Assange’s lengthy fight against extradition
Tuesday 20 February 2024 19:13 , Holly Evans
The WikiLeaks founder faces extradition to the US over an alleged conspiracy to obtain and disclose national defence information.
Here is a timeline of some key dates spanning more than a decade of legal woes for WikiLeaks founder Julian Assange.
Read the full article here
The many twists and turns of Julian Assange’s lengthy fight against extradition
Watch: Julian Assange's wife appears to compare WikiLeaks founder to Alexei Navalny
Tuesday 20 February 2024 19:40 , Holly Evans
Julian Assange’s wife calls for husband’s freedom
Tuesday 20 February 2024 20:15 , Holly Evans
The first day of the hearing at the Royal Courts of Justice was attended by dozens of journalists and members of the public, with scores of supporters of Assange gathering outside the central London courthouse from 8am.
Addressing the crowd ahead of the hearing, Assange’s wife Stella Assange said: “We don’t know what to expect, but you’re here because the world is watching.
“They just cannot get away with this.
“Julian needs his freedom and we all need the truth.”
What has Assange been doing up till now?
Tuesday 20 February 2024 20:40 , Holly Evans
Assange has been restricted in his movements for almost 14 years.
It started when Swedish authorities issued an arrest warrant for Assange in 2010 as they investigating an allegation of rape against him while he was in the country - and asked the UK to extradite Assange.
Assange was arrested by British police and after he lost an appeal against extradition he sought asylum in the Ecuadorean Embassy in London, claiming the Swedish case would lead him to being sent to the US.
Assange spent seven years in the embassy before in 2019 he was detained by police again for breaching bail conditions connected to his arrest for the Swedish case. In the same year, Swedish authorities dropped their case against Assange.
Assange was given a 50-week prison sentence - and has remained at Belmarsh prison since, fighting his extradition to the US.
What has Assange been doing up till now?
Tuesday 20 February 2024 20:52 , Holly Evans
Assange has been restricted in his movements for almost 14 years.
It started when Swedish authorities issued an arrest warrant for Assange in 2010 as they investigating an allegation of rape against him while he was in the country - and asked the UK to extradite Assange.
Assange was arrested by British police and after he lost an appeal against extradition he sought asylum in the Ecuadorean Embassy in London, claiming the Swedish case would lead him to being sent to the US.
Assange spent seven years in the embassy before in 2019 he was detained by police again for breaching bail conditions connected to his arrest for the Swedish case. In the same year, Swedish authorities dropped their case against Assange.
Assange was given a 50-week prison sentence - and has remained at Belmarsh prison since, fighting his extradition to the US.
Labour MP calls Assange case an ‘attack on journalism'
Tuesday 20 February 2024 21:20 , Holly Evans
Speaking on stage outside the Royal Courts of Justice, Labour MP for Coventry South Zarah Sultana said: “We know Julian is being targeted for exposing US war crimes.
“This isn’t just an attack on Julian, this is an attack on journalism, on the free press.
“Everyone who cares about free speech should care about this case, should care about the persecution of Julian, should care about the charges being dropped.”
“Thank you, solidarity, and let’s keep fighting,” she finished, to cheers and whistles from the crowd.
Supporters travel from Australia to protest outside London court
Tuesday 20 February 2024 22:00 , Holly Evans
Jodie Asard travelled with her son from Adelaide, Australia, to support Assange’s appeal case.
Outside the Royal Courts of Justice, Ms Asard said: “We’ve come over from Australia to stand with our brothers and sisters here and to represent Australia and to make sure that the Australian Government knows that 88% of Australians want Julian Assange free and to be brought home.
“It’s probably the trial of the century to be honest in regards to free speech, free press and our right to know, so that’s why I’m here to stand with Julian and all these people here to call for him to be completely, safely released.”
Ms Asard added that the way Assange had been kept in a “three-by-two metre cell” in Belmarsh prison was “criminal”.
“He is being abused, in my opinion, institutionally abused by our Western governments,” she added.
Assange supporters describe hearing as ‘most important freedom of speech case in the 21st century’
Tuesday 20 February 2024 23:00 , Holly Evans
One speaker on a stage outside the Royal Courts of Justice welcomed protesters to the “most important freedom of speech case in the 21st century”.
He was greeted with cheers and claps from the crowd of protesters. Tim Dawson, deputy general secretary at the International Federation of Journalists, then took to the stage.
He said: “Be under no illusions, if this prosecution is successful, other vital cases will never come to light.”
“Free Julian Assange, support journalism and safeguard free speech,” he finished, to claps and cheers from the audience.
Lawyer for the US says Assange put ‘safety of individuals at serious risk'
00:00 , Holly Evans
James Lewis KC, for the US, said in written submissions that Assange’s conduct is “consistently and repeatedly misrepresented” in the appeal bid.
The barrister described the amount of classified material provided to Assange as “unprecedented”, adding: “The appellant threatened damage to the strategic and national security interests of the United States and put the safety of individuals at serious risk.”
Mr Lewis, who is expected to make oral arguments on behalf of the US on Wednesday, added that the original judge ruled Assange was not being prosecuted for political reasons but “because he is alleged to have committed serious criminal offences”.
“This decision is unimpeachable and there is no error to show that the district judge got it wrong,” he continued.
He added that it was “simply not credible” that a journalist would be immune from criminal prosecution in these circumstances.
Watch: Protests outside High Court where Julian Assange fighting US extradition
01:00 , Holly Evans
Watch live: Protests outside High Court where Julian Assange fighting US extradition
Letters: The treatment of Julian Assange could be the end of democracy
02:00 , Holly Evans
If Julian Assange is extradited to America, that will be the end of democracy in Britain. Assange has done nothing wrong; we should all be very grateful for his exposure of the murderous actions of American troops.
America, in my opinion, does not have a justice system, it has a legal system designed purely for the enrichment of the legal profession. I have more respect for the “oldest profession” than I do for the legal profession. It should never be a question of whether it is legal or illegal, it should be a question of whether it is right or is it wrong.
Read the full article here
Letters: The treatment of Julian Assange could be the end of democracy
What is WikiLeaks?
03:00 , Holly Evans
Assange founded the website WikiLeaks in 2006. Using his computing skills, he created an online platform for people to anonymously submit classified leaks such as documents and videos.
Since its birth it has released around 10 million classified documents, including files on US military activities in the US.
It rose to prominence in April 2010 when it published a classified video showing a 2007 US helicopter attack in Iraq’s capital Baghdad that killed a dozen people, including two Reuters journalists.
On the Afghanistan war, it’s claimed more than 90,000 classified US military documents were released and on the invasion of Iraq around 400,000 confidential US files.
The leaks, described as the largest security breaches of their kind in US military history, angered and embarrassed US politicians and military officials who claimed the disclosure put lives at risk.
But defenders of the website say it reveals unreported incidents including the killing of civilians.
Julian Assange’s wife appears to compare WikiLeaks founder to Alexei Navalny
04:00 , Holly Evans
Julian Assange’s wife appears to compare WikiLeaks founder to Alexei Navalny
Julian Assange’s brother says WikiLeaks founder is ‘suffering’ with health ‘deteriorating’ in prison
05:00 , Holly Evans
Julian Assange’s brother has said the WikiLeaks founder’s health is deteriorating in Belmarsh Prison as he prepares to face his final bid for appeal against extradition to the US.
Assange, 51, has been held in London’s high-security Belmarsh Prison for almost five years while US authorities seek to extradite him to face trial on espionage charges linked to the publication of hundreds of thousands of documents relating to the Afghanistan and Iraq wars.
In a January 2021 ruling, then-district judge Vanessa Baraitser said that Assange should not be extradited, but authorities in the US subsequently brought a successful challenge against this decision.
Read the full article here
Julian Assange’s brother says health is deteriorating in Belmarsh prison
The many twists and turns of Julian Assange’s lengthy fight against extradition
06:00 , Holly Evans
The WikiLeaks founder faces extradition to the US over an alleged conspiracy to obtain and disclose national defence information.
Here is a timeline of some key dates spanning more than a decade of legal woes for WikiLeaks founder Julian Assange.
Read the full article here
The many twists and turns of Julian Assange’s lengthy fight against extradition
US bid to prosecute Julian Assange is ‘state retaliation’, court told
07:00 , Holly Evans
The United States’ bid to prosecute Julian Assange is “state retaliation”, the High Court has heard in his final bid for an appeal in the UK.
The WikiLeaks founder faces extradition to the US over an alleged conspiracy to obtain and disclose national defence information following the publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars.
In a January 2021 ruling, then-district judge Vanessa Baraitser said that Assange should not be sent to the US, citing a real and “oppressive” risk of suicide, while ruling against him on all other issues.
Read the full article here
US bid to prosecute Julian Assange is ‘state retaliation’, court told
Assange misses first day of hearing due to illness
08:03 , Athena Stavrou
Julian Assange missed the first day of his extradition hearing on Tuesday due to illness, his lawyer said.
Assange, 51, has been held in London’s high security Belmarsh Prison for almost five years while US authorities seek to extradite him to face trial on espionage charges linked to the publication of hundreds of thousands of documents relating to the Afghanistan and Iraq wars.
In a January 2021 ruling, then-district judge Vanessa Baraitser said that Assange should not be extradited, but authorities in the US subsequently brought a successful challenge against this decision.
Lawyers for deeply controversial figure Assange will now ask for the go-ahead to challenge the original judge’s dismissal of other parts of his case against extradition in the two-day hearing.
The barrister said at the outset of the hearing on Tuesday that the Wikileaks founder is not attending the hearing as he is unwell.
It comes after his brother, Gabriel Shipton, told TalkTV that Assange’s health was “delicate” and “deteriorating” ahead of the hearing.
Full story of yesterday’s hearing as Assange prepares for final day
09:00 , Athena Stavrou
Julian Assange’s extradition hearing is entering its second and final day today, following a highly interesting opening day on Tuesday.
Hundreds of supporters, including his wife Stella Assange and former Labour leader Jeremy Corbyn, gathered outside the Royal Courts of Justice at the start of a two-day hearing on Tuesday.
Ahead of the hearing, Ms Assange told the crowd: “They just cannot get away with this. Julian needs his freedom and we all need the truth.”
Mark Summers KC told judges Dame Victoria Sharp and Mr Justice Johnson that the US prosecution of Mr Assange would be retribution for his political opinions, meaning it would be unlawful to extradite him under UK law.
The barrister said: “This is a paradigm example of state retaliation for the expression of political opinion. The district judge did not address it, had she done so, it would have been fatal to her decision.”
Read the full story by The Independent’s Crime Correspondent Amy-Clare Martin:
Lawyers say prosecution of Assange is ‘state retaliation’ in bid to halt extradition
Pictures: Supporters rally outside High Court on first day of hearing
10:00 , Athena Stavrou
Watch: No evidence Julian Assange's WikiLeaks publication harmed anyone, lawyer claims
11:00 , Alexander Butler
Protesters brave wet weather
12:00 , Amy-Clare Martin
Hundreds of protesters braved the wet weather to rally in support of Julian Assange on the second day of a last-ditch appeal bid.
Supporters carrying banners and yellow ribbons gathered outside the Royal Courts of Justice in London, where the WikiLeaks founder’s legal team are seeking permission to appeal his extradition to the US to face spying charges.
Crowds were chanting “free, free Julian Assange” and “no extradition” as the doors to the historic court were opened on Wednesday.
High Court judges Dame Victoria Sharp and Mr Justice Johnson are expected to hear submissions for the US on the final day of the two-day hearing.
It comes after lawyers for Assange insisted his prosecution Mr Assange is “state retaliation” by the US and he is at risk of a “flagrant denial of justice” if he is extradited in a hearing on Tuesday.
Assange put people at ‘grave and imminent risk’, court hears
12:01 , Amy-Clare Martin
Clair Dobbin KC, for the US, told the court the US prosecution of Mr Assange was “based on law and evidence” and not his political opinions.
She insisted that the WikiLeaks founder put people at “grave and imminent risk” by including the names of individuals who assisted the US in unredacted classified documents which he “indiscriminately and knowingly” published to the world.
“These were documents that disclosed to the world the unredacted names of human sources who had provided information to the US,” she said, adding that this separates Mr Assange from the New York Times and other news outlets which also published information exposed by WikiLeaks.
She added that WikiLeaks and Mr Assange had explicitly solicited classified documents and sought to recruit and work with computer hackers to obtain information illegally.
In written submissions, Ms Dobbin and James Lewis KC described the leak as “one of the largest compromises of classified information in the history of the United States”.
They continued: “It is specifically alleged against the appellant that by publishing this information on the WikiLeaks website, he created a grave and imminent risk that the human sources named therein would suffer serious physical harm.”
Opinion: Enough is enough – it’s time to set Julian Assange free
13:00 , Alan Rusbridger
Enough is enough – it’s time to set Julian Assange free | Alan Rusbridger
Watch live from High Court as Julian Assange appeals against extradition to US
14:00 , Alexander Butler
Watch from High Court as Julian Assange appeals against extradition to US
Assange’s case is ‘unarguable’, US says
14:06 , Jane Dalton
US authorities are opposing Mr Assange’s bid for an appeal, telling the court his case is “unarguable” and should not be allowed to proceed to a full hearing.
Lawyer Clair Dobbin KC, for the US, urged the judges to consider the “fundamental assumption of good faith” on the part of states with which the UK has “long established extradition relations”.
“The US is one of the most long-standing partners of the UK,” she told the court. She insisted that then-district judge Vanessa Baraitser, in her 2021 ruling, had “rejected outright” that that the appellant should treated as a journalist of someone akin to a journalist, adding that US law did not protect journalists from breaking the law.
Assange put innocent lives at risk and went beyond journalism, US lawyers say
14:55 , Jane Dalton
WikiLeaks founder Julian Assange should face espionage charges in the United States because he put innocent lives at risk and went beyond journalism in his effort to solicit, steal and indiscriminately publish classified official US documents, lawyers for the American government have argued.
American prosecutors allege Assange encouraged and helped US Army intelligence analyst Chelsea Manning to steal diplomatic cables and military files that WikiLeaks later published, putting lives at risk.
Lawyer Clair Dobbin told the High Court that Assange damaged US security and intelligence services, and “created a grave and imminent risk” by releasing the hundreds of thousands of documents — risks that could harm and lead to the arbitrary detention of innocent people, many of whom lived in war zones or under repressive regimes.
She said that in encouraging Manning and others to hack into government computers and steal from them, Assange was “going a very considerable way beyond” a journalist gathering information.
He was “not someone who has just set up an online box to which people can provide classified information,” she said. “The allegations are that he sought to encourage theft and hacking that would benefit WikiLeaks.”
Prosecution over publishing names, not political views, says US
15:55 , Jane Dalton
Assange is being prosecuted for publishing sources’ names and not his political opinions, lawyers representing the United States have told the High Court.
Clair Dobbin told the court: “The appellant’s prosecution might be unprecedented, but what he did was unprecedented.”
Assange “indiscriminately and knowingly published to the world the names of individuals who acted as sources of information to the US”, Ms Dobbin said.
“It is these facts which distinguish him, not his political opinions,” she added.
She said his prosecution was “based on the rule of law and evidence”.
Assange not in court for second day
16:10 , Jane Dalton
Assange was again not in court again today, nor watching remotely because he was unwell, his lawyers and his wife Stella Assange said.
His lawyers say he could be given a sentence of up to 175 years, but it is likely to be up to 40 years. US prosecutors have said it would be no more than 63 months.
If Assange wins this case, a full appeal hearing will be held.
If he loses, his only remaining option would be at the European Court of Human Rights and his wife has said his lawyers would apply to the European judges for an emergency injunction if necessary.
Judges reserve decision
16:25 , Jane Dalton
The hearing has now ended and the judges have risen.
Dame Victoria Sharp told the court they would reserve their decision.
Protesters stage sit-in at court
17:25 , Jane Dalton
Around 20 environmental protesters have been staging a sit-in inside the Royal Courts of Justice after the two-day hearing for Assange finished.
Court staff have begun removing them from the building.
Earlier, pro-Assange protesters demonstrated in front of the court.
Protesters claim to stage ‘people’s assembly’ in High Court
18:20 , Jane Dalton
The protesters who staged a sit-in at the court were campaigning for what they said was “a makeover” of the justice system.
Their demands encompassed the rights of protesters against climate change and the bombardment of Gaza, as well as the banks and water companies.
More than 100 people sat down in the central hall at the Royal Courts of Justice, claiming to hold “peaceful People’s Assemblies or Citizens Juries”.
“The Assembly has been prompted by the Attorney General’s application, being heard in court today, to stop juries acquitting people taking direct action against climate change and for peace in Gaza,” the organisers said.
“But it will also include consideration of the wider legal landscape, including the Post Office scandal, the lack of legal accountability for the bosses of the banks responsible for the financial crisis of 2008, the bosses of the oil and water companies that have caused so much destruction to our land, air and waters, and for the Ministers responsible for violations of international agreements, including the Paris Agreement on Climate Change, the Refugee Convention and UN rulings on Gaza.”
Taking photographs in court is illegal, but the group posted photos online of their sit-in.
18:42 , Jane Dalton
We are closing our live coverage for now.
