050 The Erickson Report for March 17 to 30, Page Five: A Longer Look: Julian Assange Closer to Being Extradited
Okay, this is something I keep meaning to talk about, keep thinking to include but for one reason or another keep not doing. This time I'm doing it. It's time for A Longer Look.
On March 14, the Supreme Court of the United Kingdom
rejected the request by WikiLeaks founder Julian Assange to appeal an earlier decision permitting his extradition to the United States, where he faces espionage charges and up to 175 years in prison for publishing classified documents that
exposed war crimes.
There is one more option,
which is the hope that UK Home Secretary Priti Patel will decline to authorize the extradition. The hope is probably a vain one since three years ago, the then-Home Secretary Sajid Javid was the one who greenlighted the extradition in the first place.
This business actually dates back to Bush administration, through Obama and Tweetie-pie up to today. For well over a decade the US government has been out to destroy Julian Assange and through that to destroy WikiLeaks, an organization devoted to revealing what governments across the world don't want their citizens to know.
The reason for this long campaign is because WikiLeaks dared to release hidden information that was embarrassing to US foreign and military policy, most particularly release in 2010 of what was called the Iraq War Logs, which documented numerous US war crimes including killing of unarmed civilians and torture of Iraqi prisoners. Something that drew particular attention was a video taken from a US helicopter gunship showing its crew shooting down a group of civilians including two journalists, a video that became known by the title "
Collateral Murder." Look it up; you can still find it
on YouTube.
The problem, of course, was that by prosecuting Assange or WiiLeaks for release of classified information the government risked involving outfits like the Washington "Post" and New York "Times," which published stories based on those documents - in some cases in consultation with WikiLeaks. That, the government was not prepared to do.
That doesn't mean they wouldn't try to find a way around it. I still recall Eric Holder, The Amazing Mr. O's Attorney General, stating that the DOJ
would find something with which to charge Assange even if they had to change the laws in order to do it. (And so much for the Constitution's ban on ex post facto laws.)
During the Obama administration (Remember how they came into office pledging a new birth of transparency only to imprison more whistleblowers under the Espionage Act of 1917 than all previous administrations combined?) the idea was floated to relabel WikiLeaks as an “
information broker,” something to be declared as entirely separate from journalism and publishing and therefore not deserving of any special First Amendment protection available to the news media. That didn't fly because how then do you separate WikiLeaks from any news aggregator such as, for example, Google News or Yahoo! News.
The Tweetie-pie gang was a little more creative. They got a provision inserted into the Intelligence Authorization Act for 2018 which called WikiLeaks "a non-state hostile intelligence service," a term invented for the occasion by Mike Pompeo, Tweetie-pie's CIA director and Secretary of State and a label subsequently used in proposals from the CIA and the Orange Wig Stand himself to
kidnap or kill Assange, then taking refuge in the Ecuadorian embassy in London.
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Julian Assange
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This, by the way, is why Chelsea Manning for several months was
held in solitary confinement - torture under international law - by the US military and denied treatment and care for her gender dysphoria: It was an attempt to emotionally or psychologically
break her so she would testify against Assange in a charge of conspiracy to release classified documents.
You see, the issue of freedom of the press still hung over the case, but conspiracy - nicknamed "the prosecutor's darling" - was a way around that. But to make it work, they needed Manning's testimony. Because if she initiated contact with WikiLeaks by providing the documents, the government has no case. But if she'd testify that he actually talked her talked her into giving up the information, then two people were involved and ta-da! it's a conspiracy.
That this was the intent became even clearer when not long after her court-martial sentence of 35 years in prison was commuted after seven years - still more time in prison than any other whistleblower in US history - she was subpoenaed to testify before a grand jury about her dealings with Assange. She spent two months in prison for contempt of court for refusing - and immediately upon her release she was called before another grand jury on the same thing. She again refused and was imprisoned, this time for 10 months plus accumulating $256,000 in fines.
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Chelsea Manning
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But while it appears the government has given up on trying to break Chelsea Manning and Julian Assange is for the moment still free, the government has been able to pretty much cripple WikiLeaks' ability to act. That can be seen from its website by the drying up of new releases since around 2017, with only one release in over two years, that one about two right-wing hate groups in Spain.
This case has sparked on-going concern from press freedom and human rights groups around the world who warn that prosecution of Assange would have far-reaching impacts on journalists and publishers who dare to challenge powerful governments by exposing their secrets.
For example, in January, the Committee to Protect Journalists stated that the US's prosecution of Assange would set "a deeply harmful legal precedent that would allow the prosecution of reporters for news gathering activities" and called on the DOJ drop both the extradition request and charges against Assange.
Meanwhile, Julia Hall, Amnesty International's deputy research director for Europe called the UK Supreme Court ruling "a blow to justice" and said "the US should immediately drop the charges against Julian Assange."
She noted the lower court ruling the UK Supreme Court overturned had recognized that extradition could present a threat to Assange's life or mental health, a risk the Supreme Court airily dismissed based on breezy US assurances that "don't worry, he'll be fine", which Hall dismissed as "empty promises." Considering the US's record of CIA black sites, Gitmo, along with the conditions to be found in almost any US prison, not to mention the treatment inflicted on Chelsea Manning in pursuit of this case and that the US government has a been pursuing Assange for a dozen years across three presidents, the description "empty promises" is extremely hard to deny.
Reporters Without Borders said it was "deeply disappointed" by the court decision and called on the Home Office to refuse extradition and release Assange without further delay.
So why have you heard so little about this? Why has this case not been bigger news? Well, for one reason, major media outlets are convinced that whatever is done to Assange and WikiLeaks will be carefully defined in such a way that it won't affect powerful interests like them. Put more bluntly, they figure they're safe so they don't care what happens to him. "He was useful when he was around, but if he's not, well, so it goes." It's the "He's not really a journalist, so the idea of a free press doesn't apply to him" dodge.
Which is actually quite astonishing, because a key part of what Assange is accused of amounts to working with Manning to conceal her identity, that is, remain anonymous to avoid being caught and prosecuted. But if that is criminal, those outlets are equally at risk. Consider the screen shot from a page of the New York "Times" website: nyt.com/tips. It openly invites people to send tips and information to the "Times" and goes on to discuss ways for the tipster to remain anonymous, including SecureDrop, a system set up by the "Times" for just that purpose.
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Screenshot of nyt.com/tips
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Which really means that the major media's essential ignoring of this case is based less on "He's not really a journalist" and more on "We're too powerful, they don't dare come after us."
Which may be true of the publishers but not of their reporters, without which the publishers can't get the scoops that bring in the eyes and ears of the public: After the government lost the famous Pentagon Papers case against the NY "Times," the government
tried to go after reporter Neil Sheehan on exactly the same charge Assange now faces, using exactly the same "It's a conspiracy!" argument, but failed to get an indictment.
Okay, even leaving all that "can't touch this" corporate attitude aside, you'd think the progressive left would keep pushing it - or even the libertarian right, usually on the correct side when it comes to things like press freedom. Well, some on the left did try - heck I've at least mentioned the case more than 20 times over the years - but the major voices of what passes for the left in the US these days, the faux-progressives, those whose progressive and radical proposals expand and contract with the ideas prominent in current intra-Democratic Party debates, have fallen largely silent. And frankly, we can even pinpoint when that happened. And why.
When Wikileaks released documents embarrassing to the Bush administration, when it released footage useful in opposing the Iraq War, Wikileaks was the hero.
But as soon as Wikileaks first released documents embarrassing to Barack Obama's administration, those faux-progressives started to attack it and stood by silently as the Amazing Mr. O tried to bankrupt WikiLeaks by blocking its access to donations and desperately searched for a way to imprison Assange.
The final break came when WikiLeaks invoked the unforgivable curse in 2016 by releasing emails embarrassing to Hillary Clinton, emails showing that during the primaries, her campaign and the DNC had colluded to the detriment of the Bernie Sanders campaign. Well, that was it, criticize the Democratic presidential nominee, and Assange and Wikileaks instantly became part of some anti-American cabal.
Indeed, on one of the and possibly the biggest of the faux-progressive sites, DailyKos, Assange became routinely described by the homophobic term "Putin's butt-boy" with the frequent addendum that he always has been about, that WikiLeaks has always been about, pushing pro-Russian, anti-American propaganda, probably under the direction of the Kremlin.
The fact that this also amounted to an admission that they had been useful idiots during the time they had celebrated WikiLeaks was, naturally, passed over without comment.
This case is something that I have let slide too long and which too much of the supposedly progressive left have simply ignored or even dismissed. That silence can't be allowed to continue. The case against Julian Assange presents a genuine threat to journalism as a principle. This silence must stop. The case should be dropped. Julian Assange should be freed.
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