Assange can appeal extradition decision

LONDON — A British court ruled on Monday that WikiLeaks founder Julian Assange can appeal a decision that would allow for his extradition to the United States, where he would face charges under the Espionage Act in connection with obtaining and publishing secret government documents.

The latest twist in the long-running case comes after a High Court decision last month that Assange could be extradited, a reversal of a lower-court decision in a legal battle that has turned on whether prison conditions in the United States during his detention would be too harsh for his mental health.

Lord Chief Justice Ian Burnett of the High Court, in announcing the ruling in a brief court appearance on Monday morning, endorsed a further appeal of the case to the Supreme Court on a narrow issue: The timing of when the United States provided assurances that Assange would be treated humanely in U.S. prisons.

The Biden administration gave those assurances to the British government when the case was already before the High Court, after a lower court had considered the case and ruled that U.S. prison conditions were too harsh to extradite Assange, citing his mental health and the risk that he could be driven to suicide.

The High Court did not endorse an appeal of the separate issue of whether those assurances were adequate and credible, which Assange’s legal team has also contested. Still, Stella Morris, Assange’s partner, claimed victory outside the Royal Courts in central London after the announcement.

“What happened in court today is precisely what we wanted to happen,” Morris said. “Make no mistake,” she added, “we won today in court.”

In preparing to appeal the High Court’s decision to permit the extradition, Assange’s lawyers, in keeping with British court procedure, first asked the High Court to certify that an issue within its own ruling was a “point of law of general public importance” — essentially meaning it is worthy of the Supreme Court’s attention.

The High Court’s decision that the timing issue meets that standard makes it more likely that the British Supreme Court will agree to take up any appeal, and

Assange will now ask it to block his extradition, said Barry J. Pollack, an American lawyer for Assange.

Even as Morris and Assange’s legal team described the day’s events as a victory, they noted that he remained in detention. “Julian has to be freed,” Morris said, flanked by dozens of Assange’s supporters who had gathered outside the court. “And we hope that this will soon end. We are far from achieving justice in this case.”