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    Biden Administration Urged to Drop Julian Assange Case

    AdvertisementContinue reading the main storySupported byContinue reading the main storyCivil-Liberties Groups Ask Biden Justice Dept. to Drop Julian Assange CaseA Friday deadline in the London extradition case may force the Biden administration to decide whether to keep pursuing a Trump-era policy.The Trump administration had sought to have the WikiLeaks founder Julian Assange extradited to the United States to face a trial on potentially precedent-setting Espionage Act charges.Credit…Matt Dunham/Associated PressFeb. 8, 2021Updated 3:58 p.m. ETWASHINGTON — A coalition of civil liberties and human rights groups urged the Biden administration on Monday to drop efforts to extradite the WikiLeaks founder Julian Assange from Britain and prosecute him, calling the Trump-era case against him “a grave threat to press freedom.”The coalition sent a letter urging a change in course before a Friday deadline for the Justice Department to file a brief in a London court. American prosecutors are due to explain in detail their decision — formally lodged on Jan. 19, the last full day of the Trump administration — to appeal a ruling blocking their request to extradite Mr. Assange.The litigation deadline may force the new administration to confront a decision: whether to press on with the Trump-era approach to Mr. Assange, or to instead drop the matter.Democrats like the new Biden team are no fan of Mr. Assange, whose publication in 2016 of Democratic emails stolen by Russia aided Donald J. Trump’s narrow victory over Hillary Clinton. But the charges center instead on his 2010 publication of American military and diplomatic documents leaked by Chelsea Manning, and they raise profound First Amendment issues.“The indictment of Mr. Assange threatens press freedom because much of the conduct described in the indictment is conduct that journalists engage in routinely — and that they must engage in in order to do the work the public needs them to do,” the letter said, adding: “News organizations frequently and necessarily publish classified information in order to inform the public of matters of profound public significance.”The Freedom of the Press Foundation organized the letter. Other signers — about two dozen groups — included the American Civil Liberties Union, Amnesty International USA, the Center for Constitutional Rights, the Committee to Protect Journalists, Demand Progress, the Electronic Frontier Foundation, Human Rights Watch, the Knight First Amendment Institute at Columbia University, the Project on Government Oversight and Reporters Without Borders.“Most of the charges against Assange concern activities that are no different from those used by investigative journalists around the world every day,” Kenneth Roth, the executive director of Human Rights Watch, said in a separate statement. “President Biden should avoid setting a terrible precedent by criminalizing key tools of independent journalism that are essential for a healthy democracy.”For now, the Justice Department remains committed to appealing the denial of its request to extradite Mr. Assange, said Marc Raimondi, a spokesman for its National Security Division.The deadline to either continue working to extradite Mr. Assange by filing the brief or drop the matter reflects a common legal policy dilemma when a new administration takes over and confronts matters inherited from its predecessor. Newly installed officials face too many issues to make careful decisions on all at once, so some get punted.But litigation calendars can force early decisions about whether to proceed or shift direction in some cases. It is often easier to stay the course, based on an argument that the issue can be revisited later when there is more time. But once the new administration has started down that path, it owns the policy as a matter of political and bureaucratic reality and so can effectively get locked in.Complicating matters for making any decision to keep or jettison the Trump-era policy to go after Mr. Assange with criminal charges, the Biden administration’s intended leadership team is not yet in place at the Justice Department. The Senate has yet to confirm Mr. Biden’s nominee to be attorney general, Judge Merrick B. Garland.In the meantime, the department is being temporarily led by a caretaker career official, Monty Wilkinson, the acting attorney general to whom the letter was addressed.After Mr. Assange published the documents provided by Ms. Manning in 2010, the Obama administration engaged in extensive deliberations under Attorney General Eric H. Holder Jr. over whether to prosecute Mr. Assange but never charged him with a crime.By contrast, Ms. Manning, a low-level Army intelligence analyst who downloaded the archives of documents and sent them to WikiLeaks, was convicted at a court-martial trial in 2013 of leaking the documents and sentenced to 35 years in prison. President Barack Obama commuted most of the remainder of her sentence in 2017.But law enforcement officials under Mr. Obama shied away from bringing charges against Mr. Assange. They feared that there was no legally meaningful way to distinguish his actions from those of conventional investigative national-security journalism as practiced by mainstream news organizations like The New York Times. The Obama team did not want to create a precedent that could chill or cripple traditional journalism, according to people familiar with its deliberations.In March 2018, however, under Attorney General Jeff Sessions, the Trump Justice Department obtained a grand jury indictment against Mr. Assange. It initially sidestepped press freedom issues by narrowly accusing him of participating in a hacking-related criminal conspiracy with Ms. Manning, rather than focusing on his publication of government secrets.That indictment was unsealed in April 2019, when Mr. Assange was dragged out of the Ecuadorean Embassy in London and arrested. (He had taken refuge there in 2012, initially to avoid extradition to Sweden to face questions about sexual assault accusations, which he has denied. Sweden had rescinded its arrest warrant for Mr. Assange in 2017.)The Justice Department — by then under Attorney General William P. Barr — then obtained a superseding indictment expanding the charges against Mr. Assange to include allegations that his journalistic-style activities violated the Espionage Act. A second superseding indictment later added more allegations related to the notion of a hacking conspiracy.Notably, there is some overlap in personnel from earlier internal debates about the dilemma raised by Mr. Assange. The top national security official in the Trump Justice Department, John C. Demers, remains in place atop its National Security Division for now; the Biden transition asked him to temporarily stay on for continuity purposes even as most other Trump political appointees resigned.Mr. Demers’s predecessor from 2013 to 2016, John Carlin, has returned to the Justice Department and is currently serving as the acting deputy attorney general. Mr. Carlin’s predecessor, Lisa O. Monaco, who ran the National Security Division from 2011 to 2013, is Mr. Biden’s nominee to be deputy attorney general but has not yet been confirmed.The letter from the rights groups portrayed the Trump-era Justice Department’s decision to proceed against Mr. Assange as jeopardizing journalism “that is crucial to democracy” more broadly, and noted that the Trump administration had “positioned itself as an antagonist to the institution of a free and unfettered press in numerous ways.”They added: “We are deeply concerned about the way that a precedent created by prosecuting Assange could be leveraged — perhaps by a future administration — against publishers and journalists of all stripes.”Since the original indictment was unsealed, lawyers for Mr. Assange have fought the extradition request, arguing that the United States was prosecuting him for political reasons.A British judge in January largely rejected those arguments, holding that he had been charged “in good faith.” But she denied his extradition anyway — citing harsh conditions for security-related prisoners in American jails and the risk that Mr. Assange might be driven to commit suicide. It is that rationale that the brief due on Friday would appeal.Elian Peltier More

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    With Trump Presidency Winding Down, Push for Assange Pardon Ramps Up

    #masthead-section-label, #masthead-bar-one { display: none }The Presidential TransitionLatest UpdatesHouse Moves to Remove TrumpHow Impeachment Might WorkBiden Focuses on CrisesCabinet PicksAdvertisementContinue reading the main storySupported byContinue reading the main storyWith Trump Presidency Winding Down, Push for Assange Pardon Ramps UpSupporters of the WikiLeaks founder Julian Assange have enlisted a lobbyist with connections to the president and filed a clemency petition with the White House.The effort comes at a delicate moment for Julian Assange; the Justice Department announced last week that it would appeal a British judge’s ruling blocking his extradition to the United States.Credit…Henry Nicholls/ReutersJan. 10, 2021, 6:53 p.m. ETWASHINGTON — Allies of the WikiLeaks founder Julian Assange have ramped up a push for a last-minute pardon from President Trump, enlisting a lobbyist with connections to the administration, trying to rally supporters across the political spectrum and filing a clemency petition with the White House.The effort comes at a delicate moment for Mr. Assange and during a period of tension between the United States and Britain over a case that his supporters say has substantial implications for press freedoms.The Justice Department announced last week that it would appeal a British judge’s ruling blocking the extradition of Mr. Assange to the United States to face trial on charges of violating the Espionage Act and conspiring to hack government computers. The charges stemmed from WikiLeaks’s publication in 2010 of classified documents related to the wars in Afghanistan and Iraq.Mr. Assange’s supporters had been optimistic about the prospects of a pardon from Mr. Trump, who has issued dozens of contentious clemency grants since losing his re-election bid. But they now worry that pressure over his supporters’ ransacking of the Capitol last week could derail plans for additional clemencies before he leaves office on Jan. 20.As unlikely as the prospect of a pardon from Mr. Trump might be, Mr. Assange’s supporters are eager to try before President-elect Joseph R. Biden Jr. takes office.As vice president, Mr. Biden called the WikiLeaks founder a “high-tech terrorist.” Some of his top advisers blame Mr. Assange and WikiLeaks for helping Mr. Trump win the presidency in 2016 by publishing emails from Democrats associated with Hillary Clinton’s campaign, which U.S. officials say were stolen by Russian intelligence to damage her candidacy. Mr. Trump has long downplayed Russia’s role in the 2016 election.For Mr. Assange’s supporters and press freedom advocates, though, the issues at stake transcend him or politics.“This is so much bigger than Julian,” said Mark Davis, a former journalist who worked with Mr. Assange in Australia, where they are from. If Mr. Assange is prosecuted, “it will have a chilling effect on all national security journalism,” Mr. Davis said, adding: “If we can get Julian off, then the precedent hasn’t been set. If Julian goes down, then it’s bad for all of us.”Mr. Davis, who is now a lawyer specializing in national security and whistle-blower cases, is on the board of Blueprint for Free Speech, an Australia-based nonprofit group that advocates for press freedoms and whistle-blower protections. The group, which was started by Suelette Dreyfus, a former journalist who is an old friend and collaborator with Mr. Assange, signed a pro bono contract on Saturday with the lobbyist Robert Stryk to seek a pardon for Mr. Assange.During Mr. Trump’s presidency, Mr. Stryk, who is well connected in Trump administration circles, has developed a lucrative business representing foreign clients in precarious geopolitical situations.He has worked for a jailed Saudi prince who had fallen out of favor with his country’s powerful de facto leader, as well as the administration of President Nicolás Maduro of Venezuela, which the Trump administration considers illegitimate. Mr. Styrk also worked for Isabel dos Santos, the daughter of Angola’s former president, who is accused of embezzling millions of dollars from a state oil company she once headed, as well as the government of the former Congolese president Joseph Kabila, which had faced American sanctions for human rights abuses and corruption.Mr. Stryk said that he was representing Blueprint for Free Speech to seek a pardon for Mr. Assange without pay because of his belief in free speech, and that he would continue pushing for the pardon in the Biden administration if Mr. Trump did not grant it.“This is not a partisan issue,” Mr. Stryk said.The contract, which he said he had disclosed to the Justice Department under the Foreign Agents Registration Act, calls for his company, Stryk Global Diplomacy, to “facilitate meetings and interactions with the president and the president-elect’s administrations” to “obtain a full pardon” for Mr. Assange.Mr. Davis said Mr. Stryk had been chosen partly because of his entree into Mr. Trump’s administration, which the group sees as its best chance to secure a pardon.Mr. Davis noted that Mr. Assange, 49, was indicted during Mr. Trump’s presidency. “We are unabashedly reaching out to the Republican Party on this issue in the final weeks to correct something before it’s too late, and before it become part of Trump’s legacy,” Mr. Davis said.He said, “If Joe Biden is sympathetic, that’s well and good, and we certainly hope he is.” But, he added, “it’s a far simpler process for an outgoing president than an incoming president.”Mr. Assange’s cause has been taken up by a range of media freedom and human rights organizations, public officials and celebrities, including the actress Pamela Anderson.Blueprint for Free Speech is working to harness some of that support, including from Ms. Anderson, a friend of Mr. Assange, who said in an interview that she had been trying to connect with Mr. Trump to plead the case. “I just hate to see him deteriorate in jail right now,” she said of Mr. Assange, describing the pardon push as “a last-ditch effort for all of us who are Julian Assange supporters.”Asked about the effort by Blueprint, Jennifer Robinson, a lawyer representing Mr. Assange, said he “is encouraged by and supports efforts” by a variety of prominent supporters around the world.Mr. Davis stressed that Blueprint’s push was independent of parallel efforts by Mr. Assange’s family and his lawyers, though Mr. Stryk has been in contact with Barry J. Pollack, Mr. Assange’s Washington-based lawyer, who is representing him against the criminal charges.Prosecutors have argued that Mr. Assange unlawfully obtained secret documents and put lives at risk by revealing the names of people who had provided information to the United States in war zones.Mr. Assange’s lawyers have framed the prosecution as a politically driven attack on press freedom.Last month, Mr. Pollack filed a petition for a pardon with the White House Counsel’s Office, which has been vetting clemency requests for Mr. Trump, arguing that Mr. Assange was “being prosecuted for his news gathering and publication of truthful information.”Mr. Pollack declined to comment on the petition, which was obtained by The New York Times, except to say that it was pending.The petition appears to be geared toward appealing to Mr. Trump, who has wielded the unchecked presidential clemency power to aid people with personal connections to him or whose causes resonate with him politically, including a handful of people ensnared in the special counsel’s investigation of Russia’s interference in the 2016 election and ties to his campaign.The petition highlighted that the charges against Mr. Assange stemmed from WikiLeaks’s publication of material that “exposed misconduct committed in Iraq and Afghanistan during wars initiated by a prior administration.” And it notes that the Democratic emails published by WikiLeaks in 2016, which showed some in the party apparatus conspiring to sabotage the campaign of Senator Bernie Sanders, Independent of Vermont and Mrs. Clinton’s rival for the Democratic presidential nomination, resulted in the resignations of party officials.The petition does not address the United States government’s findings about Russia’s role in the theft of the emails as part of its effort to undermine Mrs. Clinton, which has long been a sore spot for Mr. Trump.The petition notes that the sentence of Chelsea Manning, the former Army intelligence analyst who provided the military and diplomatic documents to WikiLeaks that led to the charges against Mr. Assange, was commuted by President Barack Obama in the final days of his term.Like Mr. Assange’s lawyers in Britain, Mr. Pollack’s petition raises concerns about Mr. Assange’s health, noting that the prison in which he is being held has been under lockdown after a coronavirus outbreak.AdvertisementContinue reading the main story More