Julian Assange Wins Partial Victory in Extradition Case

WikiLeaks founder Julian Assange has been granted partial victory in his extradition case as a British High Court ruled that he can appeal the extradition order on two grounds related to the First Amendment. However, the court accepted US assurances that Assange would not face the death penalty.

WikiLeaks founder Julian Assange has won a partial victory in his extradition case, with a British High Court ruling that he can appeal the extradition order on two grounds related to the First Amendment.

The High Court judges, Victoria Sharp and Jeremy Johnson, ruled in favor of Assange after his lawyers successfully argued that the US government's assurances that he would be entitled to the same free speech protections as American citizens in a US courtroom were "blatantly inadequate."

Assange, 52, faces 17 counts under the Espionage Act for allegedly receiving, possessing, and communicating classified information to the public, as well as one charge alleging conspiracy to commit computer intrusion. If extradited from London, Assange would stand trial in Alexandria, Virginia, and could face up to 175 years in an American maximum security prison if convicted.

The High Court's ruling comes after a US district court judge had initially rejected the US extradition request in 2021 on the grounds that Assange was likely to kill himself if held under harsh US prison conditions. However, higher courts later overturned that decision after getting assurances from the US about his treatment.

Last month, the US provided assurances sought by the British court stating that Assange would not face additional charges that could lead to the death penalty and that he would be allowed to make a First Amendment argument in a US courtroom. However, the US acknowledged that the applicability of the First Amendment is within the purview of the US courts.

Assange's lawyers only accepted that he would not face the prospect of capital punishment, pointing out that the assurance that Assange could "raise and seek to rely upon" the First Amendment was inadequate. His lawyers also argued that the US refused to agree not to challenge Assange's right to use the First Amendment defense.

The court ruled that Assange could appeal on two grounds related to the First Amendment:

1. Whether Assange would be deprived of his First Amendment rights if extradited to the US and convicted of espionage charges.

2. Whether Assange's extradition would be incompatible with the European Convention on Human Rights if he cannot rely on the First Amendment because he is not a US citizen.

The judges said that if Assange was denied a First Amendment defense, his extradition could be incompatible with the European Convention on Human Rights, which also provides free speech and media protection.

The court accepted the US assurances that Assange would not face the death penalty.

The ruling marks an important milestone in Assange's legal case, opening up a vital new path to prevent extradition. However, the case is far from over, and Assange's supporters continue to call for his release.