- By Dominic Casciani, Budget and Legal Correspondent and Sam Hancock
- BBC News
February 20, 2024, 02:15 GMT
Updated 1 hour ago
Image source: Elizabeth Cook
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The Wikileaks founder was not present in court on Tuesday – his lawyers said he was not feeling well
Julian Assange's lawyers have accused the US of “state retaliation” over its attempt to prosecute the WikiLeaks founder.
Mr Assange has been in Belmarsh Prison in Britain since 2019 and is wanted by American authorities for disclosing secret military files in 2010 and 2011.
At a two-day Supreme Court hearing that began on Tuesday, his legal team argued that extraditing him would violate British law.
If an appeal is rejected, Mr Assange could be extradited within weeks.
Edward Fitzgerald KC, one of the 52-year-old Australian's lawyers, argued that the US prosecution offer was “politically motivated”.
“Mr Assange exposed serious criminality” when he disclosed the documents in question, Mr Fitzgerald told Justices Dame Victoria Sharp and Justice Johnson.
He told them that his client “will be prosecuted for his involvement.” [the] standard journalistic practice of obtaining and publishing classified information – information that is both true and of obvious and important public interest.”
Another of Mr Assange's lawyers, Mark Summers KC, said the US wanted retaliation for Mr Assange's political views – one of many obstacles to extradition from the UK as outlined by the Crown Prosecution Service (CPS).
“This is a textbook example of government retaliation for the expression of political opinions,” Mr Summers said outside the court in central London.
The lawyers also argued that their client was at “real risk of further extrajudicial action… by the CIA.” [Central Intelligence Agency] or other authorities” – a legally tricky way of saying that after a fair trial he could be murdered or be harmed beyond a criminal sanction.
Their allegation – which has not yet been conclusively verified – is that the CIA plotted to assassinate Mr Assange during the seven years he sought refuge in the Ecuadorian embassy in London between 2012 and 2019.
Mr Summers told the judges that then US President Donald Trump had called for “detailed options” for the killing of Mr Assange, who was not present in court on Tuesday due to illness.
“Sketches have even been made,” he said, adding that there was evidence of this “truly breathtaking plan,” although none had been submitted yet.
Mr Summers said the alleged plan “only failed when the British authorities were not particularly interested in a rendition or a shootout on the streets of London”.
In written statements, he and Mr. Fitzgerald added: “The evidence showed that the United States was prepared to use any means, including the abuse of its own criminal justice system, to ensure the impunity of US officials for the torture/torture crimes committed under its own criminal law. to perpetuate war crimes.” the infamous “War on Terror” and to suppress those actors and courts willing and ready to attempt to bring these crimes to justice.
“Mr Assange was one of those targets.”
Mr Assange's massive legal battle began in 2010 when WikiLeaks disclosed large amounts of confidential military files from the wars in Iraq and Afghanistan – including footage showing a US helicopter shooting down civilians in Baghdad.
He took refuge in the Ecuadorian embassy in London before being arrested by the Metropolitan Police in 2019.
The US demanded his extradition from Britain this year, saying the revelations endanger lives.
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Dozens of Assange supporters appeared in front of the Supreme Court on Tuesday
Two years later, a British judge ruled that although the United States had established that there was a legitimate criminal case against Mr. Assange, he should not be transferred because he might be trying to harm himself.
The US later overturned that ruling after giving the UK new assurances about how Mr Assange would be treated if extradited, including the possibility of serving a possible prison sentence in his home country of Australia.
At this week's hearing, largely seen as a last-ditch effort, Mr Assange's lawyers are seeking permission to challenge the extradition order signed by then-UK Home Secretary Priti Patel in 2022.
If they fail to convince the judges that there is something wrong with this order, Mr Assange must be extradited within 28 days – unless he can convince the European Court of Human Rights with a so-called “Rule 39” order convince them to temporarily stop the flight.
Nick Vamos, the former head of the Crown Prosecution Service's extradition division, said US marshals could arrive in London within days if the Supreme Court dismisses the case.
“There is a very high threshold for this [the European Court of Human Rights to intervene]namely that there is “an imminent risk of irreparable harm” to his human rights, which is of course one of the arguments that the High Court in London has just rejected,” he said.
The case “will determine whether he lives or dies”
Speaking to the BBC on Monday, Stella Assange said her husband would not survive in a US prison – and described the case as politically motivated.
“This case will determine whether he lives or dies,” she said.
Supporters of Mr. Assange gathered outside the Supreme Court on Tuesday, waving placards that read “Freedom for Julian Assange.”
Ms Assange thanked them for their support and told them from a stage outside the court: “We have two big days ahead of us. We don’t know what to expect, but you are here because the world is watching.”
Speaking to the BBC, she described her husband as a “victim” of US “retaliation”, echoing the words of Mr Assange's lawyers on the BBC.