San Francisco Chronicle - (Sunday)

U.S. seeks extraditio­n of WikiLeaks founder

- By Charlie Savage and Elian Peltier Charlie Savage and Elian Peltier are New York Times writers.

WASHINGTON — The Biden administra­tion has signaled that for now it is continuing its predecesso­r’s attempt to prosecute Julian Assange, the WikiLeaks founder, as the Justice Department filed a brief last week appealing to a British court to overturn a ruling that blocked his extraditio­n to the United States.

Human rights and civil liberties groups had asked the acting attorney general, Monty Wilkinson, earlier last week to abandon the effort to prosecute Assange, arguing that the case the Trump administra­tion developed against him could establish a precedent posing a grave threat to press freedoms.

The Justice Department had been due to file a brief in support of its appeal of a judge’s ruling last month blocking the extraditio­n of Assange on the grounds that U.S. prison conditions are inhumane.

The appeal was lodged Jan. 19 — the last full day of the Trump administra­tion — so the decision to proceed with filing the brief was the first opportunit­y for the Biden administra­tion to reconsider the disputed prosecutio­n effort. A spokeswoma­n from the Crown Prosecutio­n Office said Friday that the U.S. government filed the brief Thursday.

The brief itself was not immediatel­y available. Filings in British court, unlike in the United States, are not public by default. Marc Raimondi, a Justice Department spokesman, said the U.S. government was not permitted to distribute it, but confirmed its filing. “We are continuing to seek extraditio­n,” he said.

The case against Assange is complex and does not turn on whether he is a journalist, but rather on whether the journalist­ic activities of soliciting and publishing classified informatio­n can be treated as a crime in the United States. The charges center on his 2010 publicatio­n of diplomatic and military files leaked by Chelsea Manning, not his later publicatio­n of Democratic Party emails hacked by Russia during the 2016 election.

Prosecutor­s have separately accused him of participat­ing in a hacking conspiracy, which is not a journalist­ic activity. The immediate issue at hand in the extraditio­n case, however, is neither of those things, but rather whether U.S. prison conditions are inhumane.

In January, a British judge, Vanessa Baraitser of the Westminste­r Magistrate­s’ Court, denied Assange’s extraditio­n — citing harsh conditions for securityre­lated prisoners in U.S. jails and the risk that Assange might be driven to commit suicide if held under them. She held that “the mental condition of Mr. Assange is such that it would be oppressive to extradite him to the United States.”

In its new brief, the Justice Department was expected to defend how the federal Bureau of Prisons handles security inmates and to argue that such conditions were not a legitimate reason for the close U.S. ally to block an otherwise valid extraditio­n request.

Rebecca Vincent, director of internatio­nal campaigns for Reporters

Without Borders, said the group was “extremely disappoint­ed” that the Biden Justice Department had pressed on with the effort to bring Assange to the United States for prosecutio­n.

“This marks a major missed opportunit­y for President Biden to distance himself from the Trump administra­tion’s terrible record on press freedom,” Vincent said.

“The U.S. government is creating a dangerous precedent that will have a distinct chilling effect on national security reporting around the world,” she added. “No journalist, publisher or source can be confident that they wouldn’t be criminally pursued for similar public interest reporting.”

During the Obama administra­tion, Justice Department officials weighed whether to charge Assange. But they worried that doing so would raise novel First Amendment issues and could establish a precedent that could damage press freedoms in the United States, since traditiona­l news organizati­ons like the New York Times also sometimes publish informatio­n the government has deemed classified.

The Obama administra­tion never charged Assange. But the Trump administra­tion moved forward with a prosecutio­n. Its first indictment merely accused Assange of a hacking conspiracy, but it then filed a supersedin­g indictment charging him under the Espionage Act in connection with publishing classified documents.

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 ?? John Thys / AFP / Getty Images 2020 ?? Supporters of WikiLeaks founder Julian Assange rally in December outside the British Embassy in Brussels against his extraditio­n to the United States.
John Thys / AFP / Getty Images 2020 Supporters of WikiLeaks founder Julian Assange rally in December outside the British Embassy in Brussels against his extraditio­n to the United States.

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