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    The Guardian view on the WikiLeaks plea deal: good for Julian Assange, not journalism | Editorial

    Julian Assange should never have been charged with espionage by the US. The release of the WikiLeaks founder from custody in the UK is good news, and it is especially welcome to his family and supporters. He is due to plead guilty to a single charge of conspiring to obtain and disclose classified US national defence documents at a hearing early on Wednesday, but is not expected to face further jail time. The court in Saipan, a remote Pacific island which is a US territory, is expected to approve the deal, crediting him for the five years he has already spent on remand in prison.His opportunity to live with his young family comes thanks to Australian diplomacy under the prime minister, Anthony Albanese, who had made clear his desire for a resolution, and the Biden administration’s keenness to get a controversial case off its plate, particularly in an election year. Seventeen of the charges have been dropped. The one that remains, however, is cause for serious alarm. It was the Trump administration that brought this case. But while the Biden administration has dropped 17 of the 18 charges, it insisted on a charge under the 1917 Espionage Act, rather than the one first brought against him of conspiracy to commit computer intrusion.This is no triumph for press freedom. Mr Assange’s plea has prevented the setting of a frightening judicial precedent for journalists, avoiding a decision that might bind future courts. Nonetheless, this is the first conviction for basic journalistic efforts under the 1917 act.Using espionage charges was always a bad and cynical move. The case relates to hundreds of thousands of leaked documents about the Afghanistan and Iraq wars, as well as diplomatic cables, which were made public by WikiLeaks working with the Guardian and other media organisations. They revealed appalling abuses by the US and other governments, which would not otherwise have been exposed – and for which no one has been held liable, despite the pursuit of Mr Assange.National security laws are necessary. But it is also necessary to acknowledge that governments keep secrets for bad reasons as well as good. Alarmingly, the Espionage Act allows no public interest defence, preventing defendants from discussing the material leaked, why they shared it, and why they believe the public should know about it. The Obama administration correctly identified the chilling effect that spying charges could have on investigative journalism, and chose not to bring them on that basis. The Biden administration – which proclaims itself a champion of press freedom globally – should not have pursued them. The UK government should never have agreed to Mr Assange’s extradition.The bad news is that the prosecutorial policy is now clear. Federal prosecutors can chalk this one up as a win. It is possible that future administrations could take this case as encouragement to pursue the press under the Espionage Act. It is likely that an emboldened second Trump administration would do so. The Republican candidate has repeatedly cast the media as his “real opponent” and the enemy of the people.The political solution to this lengthy saga is welcome, particularly given the reported impact on Mr Assange’s health after years holed up in London’s Ecuadorian embassy and then in Belmarsh prison. But the threat to press freedom has not ended. Its defence cannot rest either. More

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    At last, Julian Assange is free. But it may have come at a high price for press freedom | Trevor Timm

    Julian Assange is on the verge of being set free after the WikiLeaks founder and US authorities have agreed to a surprising plea deal. While it should be a relief to anyone who cares about press freedom that Assange will not be coming to the US to face trial, the Biden administration should be ashamed at how this case has played out.Assange is flying from the UK to a US territory in the Pacific Ocean to make a brief court appearance today, and soon after, he may officially be a free man in his native Australia.The deal is undoubtedly good for Assange, who has been holed up in Belmarsh prison suffering from serious medical problems for the past five years, and stuck in the Ecuadorian embassy in London for seven years prior to that. It’s good for the Biden administration, which avoids the embarrassment of potentially losing its extradition case in the UK high court, but more importantly avoids the Assange case becoming a polarising issue in the election.But is the deal good for press freedom? Not so much. Don’t get me wrong: there’s no doubt the worst fate was avoided and every journalist breathed a sigh of relief that this result did not occur via a court decision. A plea deal does not create an official precedent that a conviction and appeals court ruling would – something that could have potentially binded other courts to rule against journalists in future cases.But it’s hard not to be shaken by the charge the US justice department forced Assange to plea to in order to get his freedom: a conspiracy to violate the Espionage Act, which according to the law, amounts to “receiving and obtaining” secret documents, and “willfully communicating” them “to persons not entitled to receive them”. (In Assange’s case, that means the public). That is a “crime” that journalists at mainstream outlets all over the US commit virtually every day.A court won’t readily be able to cite DoJ v Assange in future rulings, but that doesn’t mean this guilty plea won’t embolden future federal prosecutors with an axe to grind against the press. They will see this case as a success. And it doesn’t mean the legal arms of news outlets won’t now be worried a case can be brought against their own journalists for ordinary journalistic conduct that was once assuredly protected by the first amendment.Just imagine what an attorney general in a second Trump administration will think, knowing they’ve already got one guilty plea from a publisher under the Espionage Act. Trump, after all, has been out on the campaign trail repeatedly opining about how he would like to see journalists – who he sees as “enemies of the people” – in jail. Why the Biden administration would hand him any ammo is beyond belief.So if the Biden administration is looking for plaudits for ending this case, they should get exactly none. They could have dropped this case three years ago when they took control of the DoJ. Every major civil liberties and human rights group in the country repeatedly implored them to. They could have just dropped the case today, with Assange spending the same amount of time in prison, but they felt the need to again emphasise in court documents that they believe obtaining and publishing secret government documents is a crime.Of course, some will say, “oh, Assange got what he deserved,” or “he’s no journalist, why should I care,” as people do whenever you bring up the inconvenient fact that prosecuting Assange will affect countless other journalists. Assange made himself the permanent enemy of millions of Democratic voters after publishing leaked emails from the DNC and Clinton campaign in the run-up to the 2016 election, and many people can’t see past that. But it’s worth repeating that this case had nothing at all to do with 2016. And whether you think Assange is a “journalist” or not, the DoJ wanted him convicted under the Espionage Act for acts of journalism, which would leave many reporters, including at the Guardian, exposed to the same.Now we can only hope this case is an aberration and not a harbinger of things to come.
    Trevor Timm is executive director of the Freedom of the Press Foundation More

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    Alexandria Ocasio-Cortez and Marjorie Taylor Greene unite in push to free Julian Assange

    Maga Republican and fierce Trump supporter Marjorie Taylor Greene and leftwing Democratic firebrand Alexandria Ocasio-Cortez have found common ground in freeing Australian WikiLeaks founder Julian Assange.The pair are among 16 members of the US Congress who have written directly to president Joe Biden urging the United States to drop its extradition attempts against Assange and halt any prosecutorial proceedings immediately.The group warns continuing the pursuit of Assange risks America’s bilateral relationship with Australia.“It is the duty of journalists to seek out sources, including documentary evidence, in order to report to the public on the activities of the government,” the letter to Biden, first reported by Nine newspapers, states.“The United States must not pursue an unnecessary prosecution that risks criminalising common journalistic practices and thus chilling the work of the free press. We urge you to ensure that this case be brought to a close in as timely a manner as possible.”Assange remains in Belmarsh prison in London as he fights a US attempt to extradite him to face charges – including under the Espionage Act. The charges are in connection with the publication of hundreds of thousands of leaked documents about the Afghanistan and Iraq wars, as well as diplomatic cables, in 2010 and 2011.
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    In September, a cross-party delegation of Australian MPs, which included former deputy prime minister Barnaby Joyce, teal independent Monique Ryan, Greens senators David Shoebridge and Peter Whish-Wilson, conservative Alex Antic and Labor’s Tony Zappia, travelled to America to meet with US representatives over Assange’s case.The group hoped to gain support from American lawmakers in their bid to have the pursuit of Assange dropped ahead of Anthony Albanese’s official visit to Washington.Since coming to power, the Albanese government has been more forward than its predecessors in pushing for Assange’s freedom, but so far the Biden government has rebuffed the calls.skip past newsletter promotionafter newsletter promotionAlbanese confirmed he raised Assange’s case again during his meeting with Biden at the White House last month, but Assange’s brother, Gabriel Shipton, urged the Australian government to increase the pressure.Shipton told Guardian Australia: “If this government can get back Cheng Lei from China, why is he so impotent when it comes to Julian and the USA?”With Assange’s avenues for legal appeal against the US extradition diminishing, his supporters fear for his life. More

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    From Ellsberg to Assange: Jack Teixeira joins list of alleged leakers

    Jack Teixeira, the 21-year-old Massachusetts air national guard member who was charged on Friday with leaking classified Pentagon documents, has joined a long list of individuals who have been prosecuted for allegedly disclosing sensitive US national security intelligence.Previous leaks have ranged from information about US wars in Vietnam, Iraq and Afghanistan to details of Russian interference in American elections. Despite the diversity of the subject matter, the treatment of the leakers has shared a common relentlessness on the part of the US government in pursuing those it accuses of breaching its trust.Daniel EllsbergIn March 1971, Ellsberg, a military analyst, leaked a top-secret study to the New York Times. The document, which became known as the Pentagon Papers, spanned US involvement in Vietnam between 1945 and 1967 and exposed covert efforts by successive US presidents to escalate the conflict while hiding deep doubts about the chances of victory.Ellsberg was prosecuted under the 1917 Espionage Act – a law designed to catch first world war spies – and faced a maximum sentence of 115 years in prison. All charges were dropped after the FBI’s illegal wiretapping of Ellsberg was revealed.Early last month, the 92-year-old Ellsberg, who has become revered as the doyen of whistleblowers, revealed that he has terminal cancer and has months to live.Jeffrey SterlingSterling, a former CIA operations officer, served more than two years of a 42-month sentence after he was prosecuted under the Espionage Act for allegedly leaking information about a botched covert US operation with Iran to the then New York Times journalist James Risen. In 2003, Risen published details of the operation in a book, State of War.It was not until 2011, under Barack Obama’s administration, that Sterling was arrested. Federal prosecutors accused him of leaking details of the Iran engagement out of “anger and resentment” – a reference to an earlier claim from Sterling, who is Black, that he suffered discrimination while at the CIA.Sterling has denied ever talking to Risen about Iran.Thomas DrakeA former senior official with the National Security Agency (NSA), Drake was charged in 2010 with leaking classified information to the Baltimore Sun. He faced 10 counts with a possible 35-year sentence, though the charges were whittled down to a single misdemeanor for which he was given a year of probation.Drake has always insisted that he had no intention of harming national security, presenting himself as a whistleblower who had been trying to sound the alarm on technical flaws in NSA programs that were wasting billions of dollars.Chelsea ManningAs a former intelligence analyst posted outside Baghdad during the Iraq war, Manning had access to classified information that shone a light on the vagaries of war there and in Afghanistan. She leaked hundreds of thousands of military records and diplomatic cables via the open information site WikiLeaks in 2010 in one of the largest disclosures of military secrets in US history.Three years later, she was convicted under the Espionage Act. She was given a 35-year sentence, of which she served seven. In a memoir published last year, README.txt, she wrote: “What I did during my enlistment was an act of rebellion, of resistance, and of civic disobedience.”John KiriakouKiriakou, a former CIA counter-terrorism officer, was sentenced to two years in prison in 2012 for leaking the identity of a covert operative to a journalist. He was the first CIA officer to be imprisoned for doing so.Prosecutors insisted that they went after Kiriakou to protect the safety of undercover government agents. He countered that he was a whistleblower attempting to expose the use of torture in the so-called “war on terror”.Kiriakou was the first former government official to talk in public about waterboarding, the form of controlled drowning used against terrorism suspects in the aftermath of 9/11.Edward SnowdenIn 2013 Snowden disclosed inside intelligence about the US government’s dragnet surveillance of the digital communications of millions of Americans through the Guardian and Washington Post. Working at the time as an NSA contractor, he fled to Hong Kong and from there to Russia, where he was granted asylum.After he outed himself through the Guardian, a raft of Republican politicians demanded that Snowden be extradited back to the US to face trial as a traitor. Donald Trump called for his execution three years before he was elected US president.In his support, a number of prominent public figures, including Ellsberg, have lauded Snowden as a pro-democracy hero who should be allowed to come home with a pardon.Reality WinnerThe former NSA intelligence contractor and air force linguist was sentenced to more than five years under the Espionage Act in 2018 for leaking a top-secret document on Russian interference in the US presidential election. She pleaded guilty to having handed a copy of a classified report about Russian hacking of voting software suppliers in the 2016 race.She was released after three years. Having regained her freedom she told CBS: “I am not a traitor, I am not a spy. I am somebody who only acted out of love for what this country stands for.”Julian AssangeThe WikiLeaks founder was initially charged in 2019 with conspiring to hack into a military computer – an accusation arising out of the massive leak by Manning to WikiLeaks nine years earlier. The seriousness of prosecutors’ case against him was dramatically expanded later that year to include 17 counts of violating the Espionage Act.Assange has been held for the past four years in Belmarsh prison in London as extradition proceedings work their way through British courts. The Joe Biden White House has come under mounting pressure to drop the charges, including from leading news outlets, on grounds that the prosecution is putting a chill on press freedom.Jack TeixeiraThe air national guardsman now finds his name added to the list. He was charged in a Boston federal court on Friday with two counts under the Espionage Act, each carrying a possible 10-year sentence.Prosecutors allege that they have evidence to prove that Teixeira unlawfully retained and transmitted hundreds of classified defence documents. The FBI has indicated that he enjoyed security clearance for sensitive intelligence marked “top secret/sensitive compartmented information”.The leak of the Pentagon documents is believed to have started on the social media platform Discord. Teixeira reportedly visited the platform over several years posting about guns, online games and racist memes, though any motive for the alleged leak remains obscure. More

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    Biden accused of hypocrisy as he seeks extradition of Julian Assange

    Biden accused of hypocrisy as he seeks extradition of Julian AssangeAd-hoc tribunal of legal experts and supporters pressures US administration to drop ‘attack on press freedom’ Joe Biden has been accused of hypocrisy for demanding the release of journalists detained around the world while the US president continues seeking the extradition of the WikiLeaks founder Julian Assange from Britain to face American espionage charges.The campaign to pressure the Biden administration to drop the charges moved to Washington DC on Friday with a hearing of the Belmarsh Tribunal, an ad hoc gathering of legal experts and supporters named after the London prison where Assange is being detained.Biden faces growing pressure to drop charges against Julian AssangeRead moreThe hearing was held in the same room where Assange in 2010 exposed the “collateral murder” video showing US aircrew gunning down Iraqi civilians, the first of hundreds of thousands of leaked secret military documents and diplomatic cables published in major newspapers around the world. The revelations about America’s wars in Iraq and Afghanistan, including alleged war crimes, and the frank assessments of US diplomats about their host governments, caused severe embarrassment in Washington.The tribunal heard that the charges against Assange were an “ongoing attack on press freedom” because the WikiLeaks founder was not a spy but a journalist and publisher protected by free speech laws.The tribunal co-chairperson Srecko Horvat – a founder of the Democracy in Europe Movement 2025 whose father was a political prisoner in the former Yugoslavia – quoted Biden from the 2020 presidential campaign calling for the release of imprisoned journalists across the world by quoting late president Thomas Jefferson’s dictum that “our liberty depends on the freedom of the press, and that cannot be limited without being lost”.“President Biden is normally advocating freedom of press, but at the same time continuing the persecution of Julian Assange,” Horvat said.Horvat warned that continuing the prosecution could serve as a bad example to other governments.“This is an attack on press freedom globally – that’s because the United States is advancing what I think is really the extraordinary claim that it can impose its criminal secrecy laws on a foreign publisher who was publishing outside the United States,” he said.“Every country has secrecy laws. Some countries have very draconian secrecy laws. If those countries tried to extradite New York Times reporters and publishers to those countries for publishing their secrets we would cry foul and rightly so. Does this administration want to be the first to establish the global precedent that countries can demand the extradition of foreign reporters and publishers for violating their own laws?”Assange faces 18 charges over WikiLeaks’ publication of classified documents, largely the result of a leak by the former US army intelligence analyst Chelsea Manning. Manning was sentenced to 35 years in prison but released after President Barack Obama commuted her sentence in 2017. Manning has testified that she acted on her own initiative in sending the documents to WikiLeaks and not at the urging of Assange.The tribunal heard that the accuracy of the information published by WikiLeaks, including evidence of war crimes and human rights abuses, was not in question.Assange is a polarising figure who has fallen out with many of the news organisations with whom he has worked, including the Guardian and New York Times. He lost some support when he broke his bail conditions in 2012 and sought refuge in the Ecuadorian embassy in London to avoid extradition to Sweden to face questioning over sexual assault allegations.The US justice department brought charges against Assange in 2019 when he was expelled by the Ecuadorians from their embassy.Assange fought a lengthy legal battle in the British courts against extradition to the US after his arrest, but lost. Last year, the then-home secretary, Priti Patel, approved the extradition request. Assange has appealed, claiming that he is “being prosecuted and punished for his political opinions”.Assange’s father, John Shipton, condemned his son’s “ceaseless malicious abuse”, including the conditions in which he is held in Britain. He said the UK’s handling of the case was “an embarrassment” that damaged the country’s claim to stand for free speech and the rule of law.Lawyer Jeffrey Sterling, a former CIA employee who was imprisoned under the Espionage Act for revealing defence secrets to the journalist James Risen, told the Belmarsh Tribunal that Assange has little chance of a fair trial in the US.He said: “It is virtually impossible to defend against the Espionage Act. Truth is no defence. In fact, any defence related to truth will be prohibited. In addition, he won’t have access to any of the so-called evidence used against him.“The Espionage Act has not been used to fight espionage. It’s being used against whistleblowers and Julian Assange to keep the public ignorant of [the government’s] wrongdoings and illegalities in order to maintain its hold on authority, all in the name of national security.”The tribunal also heard from Britain’s former Labour party leader Jeremy Corbyn, who said the continued prosecution of Assange would make all journalists afraid to reveal secrets.“If Julian Assange ends up in a maximum security prison in the United States for the rest of his life, every other journalist around the world will think, ‘Should I really report this information I’ve been given? Should I really speak out about this denial of human rights or miscarriage of justice in any country?’” he said.TopicsJulian AssangeUS politicsJoe BidenPress freedomnewsReuse this content More

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    Washington’s Tawdry Victory Over Julian Assange

    Last week witnessed the 80th anniversary of a moment in history qualified by Franklin D. Roosevelt as “a date which will live in infamy.” On December 8, 1941, the president announced that the United States was declaring war after Japan’s unprovoked attack on Pearl Harbor a day earlier. A nation that had spent two decades wallowing in isolationism instantly became one of the principal and most powerful actors in a new world war. Victory on two fronts, against Germany and Japan, would be achieved successively in 1944 and 1945.

    Last week ended with its own day of infamy when a British court overturned an earlier judgment banning the extradition to the US of WikiLeaks founder Julian Assange. Following in the footsteps of the Trump administration, President Joe Biden’s Justice Department successfully appealed the ban in its relentless effort to judge Assange for violating the 1917 Espionage Act, itself a relic of the history of the First World War.

    Guns and the Wrong Side of Rights

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    Back then, President Woodrow Wilson’s government pulled no jingoistic punches when promoting America’s participation in Europe’s war. It actively incited the population to indulge in xenophobia. Public paranoia targeting Germany, the nation’s enemy, reached such a pitch that Beethoven was banned from the concert stage, sauerkraut was officially renamed “liberty cabbage” and hamburger “liberty steak.”

    The manifestly paranoid Espionage Act sought to punish anyone who “communicates, delivers, or transmits, or attempts to communicate, deliver or transmit to any foreign government … any document, writing, code book, signal book, sketch, photograph, etc.” The law, specifically for a state of war, was so extreme it was rarely used until Barack Obama unearthed it as the elegant solution for suppressing the whistleblowers he had vowed to defend in his first presidential campaign.

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    Despite overindulging his taste for punishing whistleblowers, Obama refrained from seeking to extradite Assange. He feared it might appear as an assault on freedom of the press and might even incriminate The New York Times, which had published the WikiLeaks documents in 2010. In the meantime, Democrats found a stronger reason to blame Assange. He had leaked the Democratic National Committee’s emails during the 2016 presidential primary campaign. Democrats blamed the Australian for electing Donald Trump.

    During his 2016 campaign, Trump repeatedly praised WikiLeaks for its willingness to expose the undemocratic practices of the Clinton campaign. But once in power, Trump’s administration vindictively demanded Assange’s extradition from the UK for having revealed war crimes that deserved being hidden for eternity from the prying eyes of journalists and historians. 

    Many observers expected Biden to return to the prudent wisdom of Obama and break with Trump’s vindictive initiative. He could have quietly accepted the British judge’s decision pronounced in January. Instead, his Justice Department appealed. Unlike Trump, who sought to undermine everything Obama had achieved, Biden has surprisingly revealed a deep, largely passive respect for his predecessor’s most dangerous innovations — not challenging corporate tax cuts, the withdrawal from the Iran nuclear deal and Trump’s aggressive support for Israel’s most oppressive policies with regard to Palestinians.

    Biden’s eagerness to follow Trump’s gambit aimed at subjecting Assange to the US brand of military-style justice allowed New York Times journalists Megan Specia and Charlie Savage to describe Friday’s decision by the British court as a success for the administration. “The ruling was a victory,” they wrote, “at least for now, for the Biden administration, which has pursued an effort to prosecute Mr. Assange begun under the Trump administration.”

    Today’s Daily Devil’s Dictionary definition:

    Victory:

    Triumph in combat, including, at two extremes, cases marked by heroic action and others prompted by malicious self-serving motives and driven by the perpetrator’s confusion of the idea of justice with sadistic, vindictive pleasure

    Contextual Note

    The Times journalists quote Wyn Hornbuckle, a Justice Department spokesman, who “said the government was ‘pleased by the ruling’ and would have no further comment.” At no point in the article do the authors evoke the hypothesis that Biden might have sought to overturn Trump’s policy. Nor do they analyze the reasons that could undermine the government’s case. They do quote several of Assange’s supporters, including one who called “on the Biden administration again to withdraw” the charge. Serious observers of the media might expect that a pillar of the press in a liberal democracy might be tempted to express its own concern with laws and policies that risk threatening its own freedom. Not The New York Times. This story didn’t even make its front page. None of its columnists deemed it deserving of comment.

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    Journalist Kalinga Seneviratne, writing for The Manila Times, offered a radical contrast. “If this year’s Nobel Peace Prize is about promoting ‘press freedom,’” he speculates, “the Norwegian Nobel Committee missed a golden opportunity to make a powerful statement at a time when such freedom is under threat in the very countries that have traditionally claimed a patent on it.” He quotes the UN’s special rapporteur on torture, Nils Melzer, who claims that “what has been done to Julian Assange is not to punish or coerce him, but to silence him and to do so in broad daylight, making visible to the entire world that those who expose the misconduct of the powerful no longer enjoy the protection of the law.” 

    Deutsche Welle’s Matthias von Hein noted the interesting coincidence that three converging events took place on the same day. “In a bitter twist of irony,” he writes, “a court in London has essentially paved the way for Assange’s prosecution on Human Rights Day — of all days. And how ironic that it happened on the day two journalists were honored with the Nobel Peace Prize in Oslo. Last, but not least, it coincided with the second day of the Summit on Democracy organized by US President Joe Biden.”

    Von Hein added this observation: “We’re constantly hearing how Western democracies are in competition with autocratic systems. If Biden is serious about that, he should strive to be better than the world’s dictators.” But, as the saying goes, you can’t teach a 79-year old dog new tricks.

    Historical Note

    The coincidences do not end there. On the same day the news of Julian Assange’s fate emerged, Yahoo’s investigative reporter Michael Isikoff recounted the story of another man “brought to justice” by US authorities: Mohamedou Ould Slahi. The Mauritanian citizen had the privilege of spending 14 years in the Guantanamo Bay prison in Cuba without ever being charged with a crime, even after confessing to the crimes imagined by his torturers.

    It turns out to be a touching moral tale. Even after years of imprisonment and gruesome torture, Slahi “holds no personal animus against his interrogators.” According to Isikoff, “he has even met and bonded with some of those interrogators,” years after the event. “I took it upon myself,” Slahi explained, “to be a nice person and took a vow of kindness no matter what. And you cannot have a vow of kindness without forgiving people.”

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    It wasn’t the Prophet Muhammad who said, “turn the other cheek” or “Forgive, and you will be forgiven.” Those words were spoken by the man George W. Bush and Donald Rumsfeld claimed to revere and whom Bush considered his “favorite philosopher.” The Quran did continue the original Christian insight, pronouncing that “retribution for an evil act is an evil one like it,” and that reconciliation and forgiveness will be rewarded by Allah.

    There has clearly been no forgiveness in Washington for the “evil” committed by Assange: exposing war crimes conducted in secret with American taxpayers’ money. Slahi’s torture was conducted by the declared proponents of “Judeo-Christian” culture. Shahi’s forgiveness stands as an example of what that culture claims as a virtue but fails to embrace in its own actions.

    Shahi is reconciled with his interrogators. But does he also feel reconciled with those who gave them their orders? In 2019, he said, “I accept that the United States should follow and put to trial all the people who are harming their citizens. I agree with that. But I disagree with them that if they suspect you, they kidnap you, they torture you, and let you rot in prison for 15 or 16 years. And then they dump you in your country and they say you cannot have your passport because you have already seen so many things that we don’t want you to travel around the world to talk about.”

    Despite appearances, Mohamedou Ould Shahi’s case is not all that different from Julian Assange’s.

    *[In the age of Oscar Wilde and Mark Twain, another American wit, the journalist Ambrose Bierce, produced a series of satirical definitions of commonly used terms, throwing light on their hidden meanings in real discourse. Bierce eventually collected and published them as a book, The Devil’s Dictionary, in 1911. We have shamelessly appropriated his title in the interest of continuing his wholesome pedagogical effort to enlighten generations of readers of the news. Read more of The Daily Devil’s Dictionary on Fair Observer.]

    The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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    US government appeals UK ruling against Julian Assange's extradition

    The US government has appealed a UK judge’s ruling against the extradition of the WikiLeaks co-founder Julian Assange, according to a justice department official.The appeal made clear that Joe Biden intends to have Assange stand trial on espionage- and hacking-related charges over WikiLeaks’ publication of hundreds of thousands of US military and diplomatic documents.The justice department had until Friday to file an appeal against the ruling on 4 January that Assange suffered mental health problems that would raise the risk of suicide were he extradited to the US for trial.“Yes, we filed an appeal and we are continuing to pursue extradition,” a justice department spokesperson, Marc Raimondi, told AFP.Human rights groups had called on Biden to drop the case, which raises sensitive transparency and media freedom issues.After WikiLeaks began publishing US secrets in 2009, the Obama administration – in which Biden was vice-president – declined to pursue the case. Assange said WikiLeaks was no different than other media outlets constitutionally protected to publish such materials.Prosecuting him could mean also prosecuting powerful US news organisations for publishing similar material – legal fights the government would probably lose.But under Donald Trump, whose 2016 election was helped by WikiLeaks publishing Russian-stolen materials damaging to his opponent, Hillary Clinton, the justice department built a national security case against Assange.In 2019, Assange, an Australian national, was charged under the US Espionage Act and computer crimes laws on multiple counts of conspiring with and directing others, from 2009 to 2019, to illegally obtain and release US secrets.In doing so he aided and abetted hacking, illegally exposed confidential US sources to danger and used the information to damage the US, according to the charges. If convicted on all counts, the 49-year-old faces a prison sentence of up to 175 years.John Demers, an assistant attorney general, said at the time: “Julian Assange is no journalist.”Assange has remained under detention by UK authorities pending the appeal.This week 24 organisations, including Human Rights Watch, Amnesty International USA and Reporters Without Borders, urged Biden to drop the case.“Journalists at major news publications regularly speak with sources, ask for clarification or more documentation, and receive and publish documents the government considers secret,” they said in an open letter. “In our view, such a precedent in this case could effectively criminalise these common journalistic practices.” 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