The Guardian view on the US pursuit of Julian Assange: set him free
Opening his Summit for Democracy this week, Joe Biden urged his guests to “stand up for the values that unite us”, including a free press. The US president boasted of his new initiative for democratic renewal, including measures to support an unfettered and independent media: “It’s the bedrock of democracy. It’s how the public stay informed and how governments are held accountable. And around the world, press freedom is under threat.”
Yet the US government itself is endangering the ability of the media to bring to light uncomfortable truths and expose official crimes and coverups. On Friday, the high court ruled that Julian Assange can be extradited to the US, where he could face up to 175 years in prison. The decision is not only a blow for his family and friends, who fear he would not survive imprisonment in the US. It is also a blow for all those who wish to protect the freedom of the press.
The judgment overturns January’s decision by a district court that the WikiLeaks founder could not be extradited because of the substantial risk that he would kill himself, given his mental health and the conditions he would face. The US subsequently put forward a package of reassurances in its attempt to overturn that ruling, which the high court judges accepted. But the US has reserved the right to put him in a maximum security facility or to subject him to special administrative measures – which can include prolonged solitary confinement – based on his conduct. His team will appeal, and the legal process is likely to drag on for years.
The focus has shifted to the heart of the matter. Regardless of Mr Assange’s wellbeing, the US should not
be demanding his extradition, and the UK should not be granting it. He is charged under the Espionage Act, including with publishing classified material. The case against the 49-yearold relates to hundreds of thousands of leaked documents about the Afghanistan and Iraq wars, as well as diplomatic cables, which were made public by WikiLeaks working with the Guardian and other media organisations. They revealed horrifying abuses by the US and other governments which would not otherwise have come to light.
As Agnès Callamard, secretary general of Amnesty International, has noted: “Virtually no one responsible for alleged US war crimes committed in the course of the Afghanistan and Iraq wars has been held accountable, let alone prosecuted, and yet a publisher who exposed such crimes is potentially facing a lifetime in jail.”
No public interest defence is permissible under the Espionage Act. Campaigners in the US have warned that its use is a direct assault on the first amendment. And publishers outside it are equally at risk if Mr Assange is extradited; the charges relate to acts which took place when he was not in the country.
The US has this week proclaimed itself the beacon of democracy in an increasingly authoritarian world. If Mr Biden is serious about protecting the ability of the media to hold governments accountable, he should begin by dropping the charges brought against Mr Assange.