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    E.U. Parliament Strips Carles Puigdemont of Immunity

    AdvertisementContinue reading the main storySupported byContinue reading the main storyCatalan Separatist Leader Loses Immunity, Clearing Way for Spain’s Extradition BidCarles Puigdemont has been charged with sedition for leading a 2017 independence bid. His European Parliament membership had shielded him from prosecution.A television showing Carles Puigdemont at the European Parliament in Brussels on Tuesday.Credit…Francisco Seco/Associated PressRaphael Minder and March 9, 2021Updated 8:33 a.m. ETMADRID — The European Parliament has stripped the immunity of Carles Puigdemont, the former separatist leader of Catalonia, clearing the way for Spain to make a fresh attempt to extradite him from Belgium and try him on sedition charges.The European Parliament said on Tuesday that a majority of its members had voted a day earlier in a secret ballot to remove the immunity of Mr. Puigdemont and two other Catalan members of the assembly who face charges in Spain related to a botched attempt to declare Catalonia’s independence in 2017. Spain’s judiciary has charged that their bid was unconstitutional.The vote on Monday ended a lengthy battle by Mr. Puigdemont and his colleagues to use their protection as elected members of the European assembly to shield them from prosecution in Spain. Now it is up to the Belgian judiciary to rule on whether Mr. Puigdemont should be sent back to the Spanish capital, Madrid, to stand trial.“It is a sad day for the European Parliament,” Mr. Puigdemont said. “We have lost our immunity, but the European Parliament has lost more than that and as a result, European democracy too,” he said, adding that this was “a clear case of political prosecution.”The Spanish government welcomed the vote.“The problems of Catalonia will not be solved in Europe or by Europe. They have to be solved in Spain by bringing all Catalan forces around the table,” said the foreign minister, Arancha González Laya. The vote showed that the European Parliament had “respect for the work of the judiciary in our country,” she added.The European Parliament’s decision comes only weeks after regional elections in Catalonia that increased the majority of pro-independence parties in the regional Parliament. Separatist politicians have held control since 2015, but the secessionist conflict has split Catalan society while also remaining a highly contentious issue in national politics.A polling station in Barcelona last month. Regional elections increased the majority of pro-independence parties in the Catalonian Parliament.Credit…Emilio Morenatti/Associated PressMr. Puigdemont and some of his colleagues have been in Brussels since October 2017, shortly after the Spanish central government ousted his regional government for holding a referendum that Spanish courts had ruled illegal and then declaring Catalonia’s independence.During the past three years, Mr. Puigdemont has successfully fought off attempts to extradite him both from Belgium and Germany, where he was briefly detained during a trip.In January, judges in Belgium also rejected a request to extradite another former member of Catalonia’s regional government, Lluis Puig, who is facing similar charges in Spain. The Belgian court argued that the Spanish Supreme Court did not have the legal authority to issue an arrest warrant against Mr. Puig, adding that he should be tried in a regional court.Part of Mr. Puigdemont’s former government, however, stayed in Spain and stood trial before the country’s Supreme Court. Nine Catalans received prison sentences after they were convicted of crimes including sedition and misuse of public funds.One former Catalan leader, Oriol Junqueras, was also barred by Spain’s highest court from taking his seat in the European Parliament. Both he and Mr. Puigdemont were elected to the assembly in 2019.The European Parliament’s vote will allow a Spanish judge to reactivate a European arrest warrant against Mr. Puigdemont that was suspended in early 2020, when Mr. Puigdemont and his colleagues took their seats in the European assembly.The Catalan leaders are not the first members of the European Parliament to be stripped of immunity.In 2019, the European Parliament stripped the immunity of Jean-Marie Le Pen, the founder of the far-right National Front party in France. It is still reviewing the case of Ioannis Lagos, who was sentenced in Greece last year for his activities with the far-right Golden Dawn party. The Greek government considers Golden Dawn a criminal organization.The Catalan case has divided politicians in Brussels, many of them loathe to set a precedent of lawmakers being tried over political activity. The removal of Mr. Puigdemont’s immunity was approved by three-fifths of the members of the European Parliament.It could take months for Belgian courts to rule on Spain’s latest attempt to extradite Mr. Puigdemont and the two other Catalan leaders, Antoni Comín and Clara Ponsatí.The Brussels Public Prosecutor’s Office is examining the possibility of renewing legal proceedings in Belgium, a spokeswoman for the office said.Should the Belgian courts block the extradition request, the Catalans would continue to sit in the European Parliament, but without special immunity rights.AdvertisementContinue reading the main story 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

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    The Guardian view on Julian Assange's extradition ruling: relief, not victory | Editorial

    Donald Trump is using his last days in office to pardon those who do not deserve it. Among the most egregious recipients are the Blackwater security guards responsible for the Nisour Square massacre – the killing of unarmed civilians, including children, in Iraq. The president’s deplorable decision fits a pattern: just over a year ago, he pardoned a former army lieutenant found guilty of murder after ordering his men to fire at three Afghans, and a former US army commando facing trial over the killing of a suspected bombmaker.
    There has been no such mercy shown to a man whom the US is pursuing after he cast an unforgiving light on its abuses in Iraq and Afghanistan. Julian Assange’s future is dependent on the decisions of British courts. On Monday, district judge Vanessa Baraitser ruled that the WikiLeaks founder could not be extradited to the US, where he has been charged under the Espionage Act, including for publishing classified material.
    But she rejected defence arguments that the prosecution had misrepresented the facts and that he was being pursued for a political offence. She ruled against extradition only on the grounds that the risk of him killing himself was substantial, given his mental health and the conditions in which he was likely to be held – in isolation in a “supermax” high-security prison.
    This decision is a relief for Mr Assange and his family. But it is no cause for celebration for the defendant and his supporters, or for those concerned about press freedom more broadly. The American Civil Liberties Union has described charging him over publication as “a direct assault on the first amendment”. The ruling offers no protection to any journalist who might find themselves in Mr Assange’s position. It is no victory for the right to share material of clear public interest.
    Mr Assange’s lawyers will on Wednesday apply for bail on his behalf. Legal experts suggest that his chances are poor: he served a 50-week sentence for skipping bail after police removed him from the Ecuadorian embassy in London, where he had fled to avoid extradition to Sweden over a sexual assault investigation that was subsequently dropped. But his prospects of avoiding extradition now appear considerably brighter; he has a family to consider; and his mental health and the physical risks posed by Covid in Belmarsh prison, where he has been held since April 2019, make the case for bail more pressing.
    Legal proceedings are likely to drag on for years – unless the US chooses to scrap these charges rather than appeal. It should do so. There is a shameful contrast between this administration’s simultaneous pardoning of men for horrific offences and the pursuit of a man who exposed war crimes. When Joe Biden takes office on 20 January, he cannot undo the damage caused by undue and unjust lenience. But he can, and should, let Mr Assange walk free. More

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    US attorney general may be using Assange case for political ends, court told

    The US attorney general, William Barr, may be using Julian Assange’s extradition case in the UK for political ends, the WikiLeaks founder’s defence team alleged during a court hearing at which he appeared by video link from prison for the first time in months.It was a fact that Donald Trump had described the defence case as “a plot by the Democrats”, Edward Fitzgerald QC told the hearing at Westminster magistrates court.Fitzgerald said a new superseding US indictment, produced months after the start of attempts in the UK to secure his extradition, had been “sprung” on his defence team.The indictment, which had not yet been formally laid before the court, supersedes previous indictments brought in February and which related to 2010 and 2011.A US grand jury had previously indicted Assange on 18 charges – 17 of which fall under the Espionage Act – around conspiracy to receive, obtaining and disclosing classified diplomatic and military documents.The details in the new indictment – publicised last month by the US Department of Justice – focus on conferences in 2009 in the Netherlands and Malaysia at which US prosecutors say Assange tried to recruit hackers who could find classified information, including in relation to a “most wanted leaks” list posted on the WikiLeaks website.The hearing on Monday was the latest in a series of administrative hearings. Chaotic arrangements meant journalists, legal observers and some lawyers had difficulty accessing it remotely to listen in. The full hearing of the extradition case has been postponed until September due to the Covid-19 pandemic.Wearing a beige sweater and a pink shirt, Assange eventually appeared from Belmarsh prison after an earlier attempt was aborted.Fitzgerald told the hearing it would be improper if the new indictment led to the postponement of the hearing until after the November presidential election in the US.Judge Vanessa Baraitser told the hearing that the deadline had arrived for any further evidence before the extradition hearing, aside from psychiatric reports. She said she expected all parties to attend the hearing in September in person.Outside the court, the WikiLeaks editor-in-chief, Kristinn Hrafnsson, said: “The ‘new’ superseding indictment actually contains nothing new. All the alleged events have been known to the prosecution for years.“It contains no new charges. What’s really happening here is that despite its decade-long head-start, the prosecution are still unable to build a coherent and credible case. So they’ve scrapped their previous two indictments and gone for a third try.”US Department of Justice authorities have said: “The new indictment does not add additional counts to the prior 18-count superseding indictment returned against Assange in May 2019. It does, however, broaden the scope of the conspiracy surrounding alleged computer intrusions with which Assange was previously charged.” More

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    Julian Assange was ‘handcuffed 11 times and stripped naked’

    WikiLeaks founder’s lawyers complain of interference after first day of extradition hearing Julian Assange was handcuffed 11 times, stripped naked twice and had his case files confiscated after the first day of his extradition hearing, according to his lawyers, who complained of interference in his ability to take part. Their appeal to the judge overseeing […] More