Send a Tweet
Most Popular Choices
Share on Facebook 18 Share on Twitter Printer Friendly Page More Sharing
OpEdNews Op Eds    H3'ed 2/22/21

LETTER FROM LONDON: On the Matter of Assange's Lawyers Considering a Cross Appeal

By       (Page 1 of 4 pages)   1 comment
Become a Premium Member Would you like to know how many people have read this article? Or how reputable the author is? Simply sign up for a Advocate premium membership and you'll automatically see this data on every article. Plus a lot more, too.
Author 88820
Message Consortium News
Become a Fan
  (3 fans)

From Consortium News

 
By Alexander Mercouris in London

The Royal Courts of Justice
The Royal Courts of Justice
(Image by swanksalot from flickr)
  Details   DMCA

Julian Assange's lawyers are considering bringing a cross appeal to the High Court in London disputing parts of District Judge Vanessa Baraitser's Jan. 4 judgment not to extradite Assange to the United States, according to a report by journalist Tareq Haddad.

Baraitser refused the U.S. request on narrow grounds, saying Assange's extradition would put his life and health at risk. But Baraitser sided with the U.S. on every other point of law and fact, making it clear that in the absence of the life and health issues she would have granted the U.S. request.

That opens the way for the U.S. government to seek the extradition of other persons, including journalists, who do the same things as Assange did, but who cannot rely on the same life and health issues.

It also means that if the U.S. wins the appeal it filed last Friday in High Court it can try Assange in the U.S. on the Espionage Act charges that went unchallenged by Baraitser. If Assange's lawyers counter the U.S. appeal with one of their own in the High Court against Baraitser's upholding of the espionage charges, it would be heard simultaneously with the U.S. appeal.

Stella Moris, Assange's partner, has written that Assange's lawyers are indeed considering a cross appeal:

"The next step in the legal case is that Julian's legal team will respond to the US grounds for appeal. Julian's lawyers are hard at work. Julian's team has asked the High Court to give them more time to consider whether to lodge a cross appeal in order to challenge parts of the ruling where the magistrate did not side with Julian and the press freedom arguments. A cross appeal would provide an opportunity to clear Julian's name properly.

"Although Julian won at the Magistrates' Court, the magistrate did not side with him on the wider public interest arguments. We wanted a U.K. court to properly quash the extradition and refute the other grounds too. We wanted a finding that the extradition is an attempt to criminalize journalism, not just in the U.S. but in the U.K. and the rest of the world as well; and that the decision to indict Julian was a political act, a violation of the treaty, a violation of his human rights and an abuse of process. Julian's extradition team is considering all these issues, and whether they can be cross-appealed."

The Question of a Political Offence

Julian Assange outside the High Court in London.
Julian Assange outside the High Court in London.
(Image by acidpolly from flickr)
  Details   DMCA

During Assange's extradition hearing, the prosecution and the defence clashed about whether the court should adhere to the U.S.-U.K. extradition treaty or the Extradition Act, which made the treaty part of British law.

Article 4 of the treaty prohibits extradition for a political offence, as British law for centuries has done. The Act mysteriously omitted this. Assange's attorneys clearly argued for the treaty to be followed, but Baraitser cited the Act.

In his article, Haddad pointed to comments by British MP and former Cabinet Minister David Davis to the House of Commons on Jan. 21.

Davis, who as the Conservatives' shadow home secretary played a central role in the parliamentary debates which resulted in the 2003 Extradition Act becoming law, told the House of Common s:

"Although we cannot, of course, discuss the substance of the Assange judgment here today, the House must note the worrying development more generally in our extradition arrangements - extradition for political offences. This stems from an erroneous interpretation of Parliament's intention in 2003. This must now be clarified.

Next Page  1  |  2  |  3  |  4

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

 

Rate It | View Ratings

Consortium News Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Consortiumnews.com was founded by Robert Parry in 1995 as the first investigative news magazine on the Internet. The site was meant to be -- and has become -- a home for important, well-reported stories and a challenge to the inept but dominant (more...)
 
Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEdNews Newsletter
Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

Did Clinton's Emails Expose CIA Agents?

A Demand for Russian "Hacking" Proof

US Intel Vets Dispute Russia Hacking Claims

VIPS to Trump: Intel on Iran Could be CATASTROPHIC

Judith Miller's Blame-Shifting Memoir

To View Comments or Join the Conversation: