ASSANGE STILL FAR FROM FREE
SWEDEN MAY HAVE CLOSED ITS CASE AGAINST THE WIKILEAKS FOUNDER BUT THE U. S. ISN’T DONE WITH HIM
With news that S weden has ended its investigation into sexual assault allegations leveled against Julian Assange, the WikiLeaks founder enters a new, uncertain legal landscape with U. S. authorities still eyeing his prosecution.
Long a thorn in Washington’s side for his relentless campaign to publish sensitive government documents, Trump administration officials have in recent months signalled they plan to pursue and perhaps seek Assange’s arrest.
The end of the Swedish investigation and the lifting of a European arrest warrant presents American prosecutors with a series of tough decisions about how — and whether — to pursue the case against Assange.
While a grand jury investigation of Assange has never been officially confirmed, Attorney General Jeff Sessions has said the WikiLeaks founder’s arrest remains a “priority,” and a federal inquiry is widely assumed to be underway by prosec utors in Vir - ginia. In April, CIA director Mike Pompeo slammed WikiLeaks as a “hostile intelligence service.”
According to a former senior Justice Department official, who requested anonymity to discuss the Assange case, American authorities are now presented with a “cat and mouse game.”
“The decision on whether to indict him rests largely on whether they can get their hands on him,” the former official said.
Indicting t he head of an organization such as WikiLeaks presents a huge number of First Amendment issues, but the Trump White House has indicated such issues may be less of a hurdle than during previous administrations. Prosecutors could seek a sealed indictment-or may have one already — to be unveiled if and when Assange strays within reach of American law enforcement, the former official said.
In the short term, the announcement by Swedish authorities represents a clear victory for Assange, who was never charged by prosecutors there but was wanted for questioning. Fearing that he may be extradited from Sweden to face charges in the United States, Assange sought asylum in Ecuador’s London embassy in 2012 and has been holed up for five years.
“We have today won an important victory, but the road is far from over. The proper war is just commencing,” said Assange from the embassy balcony Friday.
“The claim that the UK has the right to arrest me for seeking asylum in a case where there have been no charges is simply untenable.
“My legal staff have contacted the UK authorities and we hope to engage in a dialogue about what is the best way forward.”
He added, “Seven years without charge while my children grew up without me. That is not something I can forgive. It is not something that I can forget.”
Police i n London said they will still arrest Assange, if he leaves the embassy, on charges of failing to appear before a judge.
A spokesman f or t he Metropolitan Police explained there was still an outstanding warrant for Assange’s arrest over the breach of bail conditions and therefore he would be detained if he ventured out of the building.
The maximum sentence f or breaching bail is 12 months and legal sources said the courts might seek to make an example of him.
Meanwhile, asked if Britain would support an extradition request, Prime Minister Theresa May said: “We look at extradition requests on a case-by-case basis. In relation to Julian Assange, any decision that is taken about UK action in relation to him were he to leave the Ecuadorean embassy would be an operational matter for the police.”
The lawyer for Assange’s accuser said it was a “scandal” that the case was not tried in court.
“My client is shocked, and no closure decision can get her to change that Assange has exposed her to a rape,” said her lawyer, Elisabeth Massi Fritz.
Assange’s l awyer, Per Samuelson, said in an email statement that Assange had “proved his innocence.” The case was closed, he wrote, “because an innocent man proved he was not guilty!”
But Swedish prosecutors did not vindicate Assange. “I can conclude, based on the evidence, that probable cause for this crime still exists,” chief prosecutor Marianne Ny told reporters in Stockholm.
“All prospects of pursuing the investigation are now exhausted,” she said in a statement explaining the decision to lift the arrest warrant and to end the investigation of Assange.
President Donald Trump, who touted WikiLeaks on the campaign trail when it disseminated documents stolen from the computer systems of the Democratic Party and its operatives, has lately turned against the organization.
After declaring “I love WikiLeaks!” as a candidate, he told the Associated Press in April, “I don’t support or unsupport” the actions of Assange. Asked whether Assange’s arrest represents a priority, Trump said it wasn’t his call: “If Jeff Sessions wants to do it, it’s OK with me.
According to American intelligence officials, Russian operatives orchestrated the operation, though Assange has denied any links to the Kremlin. But the hack and subsequent publication of those emails has become part of a sprawling FBI investigation of the presidential election and whether any Trump aides colluded with the Russian government.
Prosecuting Assange could prove tricky. Obama administration l awyers worried indicting Assange would open the door to prosecuting journalists at mainstream news outlets as well.
Whether the Trump administration would be willing to pursue legal arguments that may establish precedents making it easier to go after media outlets and risk controversy represents yet another question mark hanging over Assange’s future.