Australia Unveils Plan To Fight “Antisemitism” By Crushing Free Speech.
Caitlin Johnstone, Jul 11, 2025, https://www.caitlinjohnst.one/p/australia-unveils-plan-to-fight-antisemitism?utm_source=post-email-title&publication_id=82124&post_id=168051227&utm_campaign=email-post-title&isFreemail=true&r=ln98x&triedRedirect=true&utm_medium=email
As Australia’s dear friend Israel announces its plan to move Gaza’s entire population into concentration camps to prepare them for deportation and murder them if they refuse, the Australian government is laser-focused on tackling the problem of — you guessed it — antisemitism.
Prime Minister Anthony Albanese made a big spectacle of announcing a new strategy to combat Australia’s completely fictional epidemic of “antisemitism” on Thursday, waving around a 20-page plan which is being denounced nationwide as a Trumpian agenda to stomp out free speech in advancement of the interests of the state of Israel.
The author of the plan is Jillian Segal, a career Israel lobbyist born in apartheid South Africa who was named Australia’s first Special Envoy to Combat Antisemitism by the Albanese government last year. Segal has had an established record of defending and supporting Israel’s genocidal atrocities in Gaza. Her husband John Roth directs one of the major funders of Advance, a climate denying right wing lobbying group which helped kill Australia’s Indigenous Voice to Parliament in 2023.
Segal’s plan is being slammed as “Trumpian” by free speech advocates because it advocates implementing the US president’s policy of cutting off federal funding for universities and other public institutions deemed to be promoting the spread of antisemitism, which of course in effect means protesting against the actions of the Israeli government. Segal writes that she personally “will work with government to enable government funding to be withheld, where possible, from universities, programs or individuals within universities that facilitate, enable or fail to act against antisemitism.”
Segal calls for all public institutions to be forced into espousing the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism, which has been opposed around the world for its conflation of criticism of Israel with hateful actions toward Jews. Under the IHRA definition it is considered antisemitic to claim that Israel is a racist endeavor, or to compare Israel’s abuses to those of Nazi Germany — both of which are entirely legitimate criticisms which should be put forward far more often than they are.
Here is a summary of the full scope of Segal’s plan written up by the ABC’s Tom Crowley:
- Education — a greater role for the Envoy to resource and educate the community, schools, businesses and public institutions about antisemitism and to embed an understanding of antisemitism in law enforcement, government agencies and the school curriculum.
- Universities — call to withhold public funding to universities or those within them deemed to “facilitate, enable or fail to act” on antisemitism, and an inquiry into “clusters” of antisemitism if encampments continue into 2026.
- Media — a new role for the Envoy to encourage media organisations to “avoid accepting false or distorted narratives” and encourage public broadcasters to “accurately and positively” represent Jewish history and culture and make programs that support “social cohesion”.
- Arts — a recommendation that there be protocols for arts festivals and organisations to respond to antisemitic incidents, with public funding able to be withheld similar to universities.
- Policing — a permanent standing arrangement for law enforcement agencies to co-operate on investigating antisemitism, similar to the Avalite taskforce set up after the Adass synagogue attack.
- Online hate — stronger regulation of online hate speech and algorithms, and the ability to support “trusted voices” to refute antisemitism on social media, plus a review of hate speech laws.
- Migration — screen visa applicants for antisemitism and ensure the Migration Act effectively facilitates visa cancellations for antisemitism.
As you can see, Segal is demanding the authority to exert control over pretty much every major aspect of Australian society. She is claiming she wants to do this to combat antisemitism, but everyone knows she actually wants to do this to promote the interests of Israel, because that’s what these things always mean in practice.
Segal’s plan claims that “manipulated narratives in the legacy media” are driving antisemitism and accuses the Australian press of “misinformation”, asserting that “publicly funded media organisations should be required to uphold clear editorial standards that promote fair, responsible reporting to avoid perpetuating incorrect or distorted narratives or representations of Jews.”
Segal says that under her plan she will “monitor media organisations to encourage accurate, fair and responsible reporting and assist them to meet their editorial standards and commitment to impartiality and balance and to avoid accepting false or distorted narratives.”
Asked on the ABC on Thursday to list some of the changes that she would make to the reporting of public news broadcasters, Segal adamantly refused to give a single example, despite being repeatedly pressed to do so by the ABC’s Sarah Ferguson.
The following morning Segal was interviewed on the ABC’s Radio National Breakfast and pressed on the same issue, where she finally relented and gave one single example of absolutely breathtaking ridiculousness.
“Six months ago or so,” Segal said, “the ABC ran a story repeatedly about a hospital in Gaza that had been bombed. And there was incomplete information, as there is only perhaps information emanating from Hamas, but it was alleged to be, the ABC reported as fact, that it had been bombed by Israel. And then horrified people were upset and the Jewish community was looked at with disgust and worse. And then it turned out indeed that it was not bombed by Israel, that it had been from Gaza itself, and it had been a bomb that had fallen short.”
Segal appears to be referring to one of the early bombings of the al-Ahli Arab Baptist Hospital, which occurred not six months ago but in October of 2023. Israel and various western institutions claimed the hospital was accidentally bombed by Palestinian forces while analysts like Forensic Architecture say the attack came from Israeli forces, accusing Israel of peddling misinformation about the strike. Since that time Israel has deliberately demolished Gaza’s health infrastructure with hundreds of attacks on healthcare facilities, and the al-Ahli Hospital has been bombed no fewer than eight separate times.
Segal’s one and only example is a perfect illustration of the kind of extreme bias she wants to impose upon Australian consciousness, which obviously has no place in a free society.
The fraudulent antisemitism panic in Australia has been reinvigorated by two events last week that were seized upon with shrieking hysteria by the mainstream press, none of which showed any signs of an antisemitism crisis in our nation.
As Paul Gregoire explains for the Sydney Criminal Lawyers blog, Australia is being whipped up into a frenzy by the conflation of one incident in which a Sydney man set fire to the doors of a Melbourne synagogue with a different and completely legitimate act of anti-genocide activism.
The synagogue attacker is yet another story of a shady individual with no known record of antisemitic ideology or pro-Palestinian sentiment perpetrating an apparent antisemitic attack, following a long stretch of supposed antisemitic incidents which turned out to have been staged by organized crime operatives with no ideological motive.
This one dubious story of a man committing an actual crime against an actual Jewish place of worship has been obnoxiously mentioned in the same breath as another unconnected incident by the entire Australian political/media class all week. Protesters gathered at the Miznon restaurant in Melbourne to demonstrate against the establishment’s Israeli co-owner, who is also the spokesperson for the so-called Gaza Humanitarian Foundation where Israeli soldiers admit they’ve been massacring starving civilians seeking food. A fight broke out with a group from the restaurant across from Miznon who the protesters say instigated the attack and who are clearly seen assaulting the pro-Palestinian activists in the available video footage.
The entire so-called “antisemitism crisis” in Australia is like this. The overwhelming majority of it is just people criticizing Israel and trying to do what they can to stop the live-streamed genocide they’ve been watching on their screens every day for two years, which is then deliberately conflated with the actions of a few fringe actors with frequently suspicious motives.
“Antisemitism” means criticism of Israel. That’s just what it means now. It used to mean something else, but years of bad faith actors using that word in the most dishonest ways imaginable to defend the most horrific things you’ve ever seen has changed the definition. It is no longer possible to separate that word from this sustained campaign of mass deception.
It’s the genocide. People are mad at the genocide. They don’t hate Jews, they hate genocide. This was explained quite nicely the other day by Jack Mirkinson, who wrote the following about the controversy surrounding musical duo Bob Vylan’s chants of “Death to the IDF” at Glastonbury Festival last month:
“Left unmentioned in any of this freakout is the context in which it is taking place. Why was Bob Vylan talking about Palestine right now? Why was a giant crowd of people so receptive to these comments? Why has this become such a totemic issue?
“The answer will not shock you. It’s because Israel has been committing genocide in Gaza for nearly two years.
“That’s it! That’s why. People don’t like genocide, and when they see a country committing genocide, they stop liking that country so much. If the genocide ended, a lot of people would be less mad at Israel than they are right now.
This isn’t rocket science. But — and this is the crucial thing — because our world’s leading politicians and media outlets fundamentally don’t see opposition to the genocide as a legitimate viewpoint to hold, they can’t quite comprehend what is happening all around them.”
That’s it. It’s the genocide, stupid. That’s all this has ever been about. I wish I could force every pundit, politician and journalist in Australia to listen to these words.
Amazon Is Censoring My Most Recent Magazine Issue
Caitlin Johnstone Jan 14, 2025
Without explanation Amazon has blocked and unpublished my last issue of JOHNSTONE magazine which features my painting of Luigi Mangione on the cover. The link to order it is now dead. When I asked for an explanation or appeal they just sent a template response referring me back to their publishing rules.
So that’s annoying. The pay-what-you-want ebook of the issue is still available for anyone who wants it.
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In her bid to secure her confirmation as Trump’s next Director of National Intelligence, Tulsi Gabbard is now pledging to support Section 702 of the FISA Act. This notorious law allows for the warrantless surveillance of Americans, and in congress Gabbard had previously fought to repeal it.
This is how the national security state works. You don’t change the machine, the machine changes you. Anyone who starts off opposing the imperial status quo of authoritarianism, warmongering and corruption either finds themselves excluded from the halls of power or adapts new positions in favor of the status quo.
The Australian political-media class has been rending its garments over a ridiculously fake incident of antisemitic graffiti at a synagogue in Sydney, which features both swastikas and the words “Free Palestine” right next to each other.
It’s weird how few people I see calling this what it so obviously is. Apparently we’re all supposed to take very seriously the idea that either (A) Nazis are spray painting the words “Free Palestine” next to their swastikas, or (B) that supporters of Palestinian rights are spray painting Nazi symbols next to their pro-Palestinian slogans. Apparently we’re all truly expected to pretend we don’t know some Israel supporter did this themselves to provide political cover for the genocide in Gaza.
It is always okay to express skepticism about dubious incidents of “antisemitism” in today’s political environment. Israel’s supporters are shitty, evil people who support genocide, and faking antisemitic incidents is a standard hasbara tactic with a well-documented history…………………………………… https://www.caitlinjohnst.one/p/amazon-is-censoring-my-most-recent?utm_source=post-email-title&publication_id=82124&post_id=154758013&utm_campaign=email-post-title&isFreemail=true&r=1ise1&triedRedirect=true&utm_medium=email
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‘Pursuit of truth will live on’: Assange speaks to the world
Independent Australia, By Binoy Kampmark | 7 October 2024,
Having been freed from incarceration at Belmarsh Prison, Julian Assange delivered his first public speech at a recent parliamentary hearing, writes Dr Binoy Kampmark.
WIKILEAKS FOUNDER Julian Assange’s last public address was made in the Ecuadorian Embassy in London. There, he was a guest vulnerable to the capricious wishes of changing governments. At Belmarsh Prison in London, he was rendered silent, and his views were conveyed by visitors, legal emissaries and his family.
The hearing in Strasbourg on 1 October, organised by the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe (P.A.C.E.), arose from concerns raised in a report by Iceland’s Thórhildur Sunna Ævarsdóttir, in which she expressed the view that Assange’s case was ‘a classic example of “shooting the messenger”’.
Ævarsdóttir said:
‘I find it appalling that Mr Assange’s prosecution was portrayed as if it was supposed to bring justice to some unnamed victims the existence of whom has never been proven, whereas perpetrators of torture or arbitrary detention enjoy absolute impunity.’
His prosecution, Ævarsdóttir went on to explain, had been designed to obscure and deflect the revelations found in WikiLeaks’ disclosures, among them abundant evidence of war crimes committed by U.S. and coalition forces in Iraq and Afghanistan, instances of torture and arbitrary detention in the infamous Guantánamo Bay camp facility, illegal rendition programs implicating member states of the Council of Europe and unlawful mass surveillance, among others.
A draft resolution was accordingly formulated, expressing, among other things, alarm at Assange’s treatment and disproportionate punishment ‘for engaging in activities that journalists perform on a daily basis’ which made him, effectively, a political prisoner; the importance of holding state security and intelligence services accountable; the need to ‘urgently reform the 1917 Espionage Act’ to include conditional maliciousness to cause harm to the security of the U.S. or aid a foreign power and exclude its application to publishers, journalists and whistleblowers.
Assange’s full testimony began with reflection and foreboding: the stripping away of his self in incarceration, the search, as yet, for words to convey that experience, and the fate of various prisoners who died through hanging, murder and medical neglect. It was good to hear that voice again. A voice of provoking interest that pitter patters, feline across a parquet, followed by the usual devastating conclusion.
While filled with gratitude for the efforts made by P.A.C.E. and the Legal Affairs and Human Rights Committee, not to mention innumerable parliamentarians, presidents, prime ministers and even the Pope, none of their interventions “should have been necessary”. But they proved invaluable, as “the legal protections that did exist, many existed only on paper or were not effective in any remotely reasonable time frame”.
The legal system facing Assange was described as encouraging an “unrealisable justice”. Choosing freedom instead of purgatorial process, he could not seek it, the plea deal with the U.S. Government effectively barring his filing of a case at the European Court of Human Rights or a freedom of information request. ……………………………………………………………………………………………………….
A spectator, reader or listener might leave such an address deflated. But it is fitting that a man subjected to the labyrinthine, life-draining nature of several legal systems should be the one to exhort to a commitment: that all do their part to keep the light bright, “that the pursuit of truth will live on, and the voices of the many are not silenced by the interests of the few”. https://independentaustralia.net/politics/politics-display/pursuit-of-truth-will-live-on-assange-speaks-to-the-world,19049
Finally Free, Assange Receives a Measure of Justice From the Council of Europe
In the U.S., “the concept of state secrets is used to shield executive officials from criminal prosecution for crimes such as kidnapping and torture, or to prevent victims from claiming damages,” the resolution notes. But “the responsibility of State agents for war crimes or serious human rights violations, such as assassinations, enforced disappearances, torture or abductions, does not constitute a secret that must be protected.”
In his first public statement since his release, Assange said, “I’m free today … because I pled guilty to journalism.”
By Marjorie Cohn , Truthout, October 4, 2024
he Parliamentary Assembly of the Council of Europe (PACE), Europe’s foremost human rights body, overwhelmingly adopted a resolution on October 2 formally declaring WikiLeaks founder Julian Assange a political prisoner. The Council of Europe, which represents 64 nations, expressed deep concern at the harsh treatment suffered by Assange, which has had a “chilling effect” on journalists and whistleblowers around the world.
In the resolution, PACE notes that many of the leaked files WikiLeaks published “provide credible evidence of war crimes, human rights abuses, and government misconduct.” The revelations also “confirmed the existence of secret prisons, kidnappings and illegal transfers of prisoners by the United States on European soil.”
According to the terms of a plea deal with the U.S. Department of Justice, Assange pled guilty on June 25 to one count of conspiracy to obtain documents, writings and notes connected with the national defense under the U.S. Espionage Act. Without the deal, he was facing 175 years in prison for 18 charges in an indictment filed by the Trump administration and pursued by the Biden administration, stemming from WikiLeaks’ publication of evidence of war crimes committed by the U.S. in Iraq, Afghanistan and Guantánamo Bay. After his plea, Assange was released from custody with credit for the five years he had spent in London’s maximum-security Belmarsh Prison.
The day before PACE passed its resolution, Assange delivered a powerful testimony to the Council of Europe’s Committee on Legal Affairs and Human Rights. This was his first public statement since his release from custody four months ago, after 14 years in confinement – nine in the Ecuadorian Embassy in London and five in Belmarsh. “Freedom of expression and all that flows from it is at a dark crossroads,” Assange told the parliamentarians.
A “Chilling Effect and a Climate of Self-Censorship”
The resolution says that “the disproportionately harsh charges” the U.S. filed against Assange under the Espionage Act, “which expose him to a risk of de facto life imprisonment,” together with his conviction “for — what was essentially — the gathering and publication of information,” justify classifying him as a political prisoner, under the definition set forth in a PACE resolution from 2012 defining the term. Assange’s five-year incarceration in Belmarsh Prison was “disproportionate to the alleged offence.”
Noting that Assange is “the first publisher to be prosecuted under [the Espionage Act] for leaking classified information obtained from a whistleblower,” the resolution expresses concern about the “chilling effect and a climate of self-censorship for all journalists, editors and others who raise the alarm on issues that are essential to the functioning of democratic societies.” The resolution also notes that “information gathering is an essential preparatory step in journalism” which is protected by the right to freedom of expression guaranteed by the European Court of Human Rights.
The resolution cites the conclusion of Nils Melzer, UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, that Assange had been exposed to “increasingly severe forms of cruel, inhuman or degrading treatment or punishment, the cumulative effects of which can only be described as psychological torture.”
Condemning “transnational repression,” PACE was “alarmed by reports that the CIA was discreetly monitoring Mr. Assange in the Ecuadorian embassy in London and that it was allegedly planning to poison or even assassinate him on British soil.” The CIA has raised the “state secrets” privilege in a civil lawsuit filed by two attorneys and two journalists over that illegal surveillance.
In the U.S., “the concept of state secrets is used to shield executive officials from criminal prosecution for crimes such as kidnapping and torture, or to prevent victims from claiming damages,” the resolution notes. But “the responsibility of State agents for war crimes or serious human rights violations, such as assassinations, enforced disappearances, torture or abductions, does not constitute a secret that must be protected.”
Moreover, the resolution expresses deep concern that, according to publicly available evidence, no one has been held to account for the war crimes and human rights violations committed by U.S. state agents and decries the “culture of impunity.”
The resolution says there is no evidence anyone has been harmed by WikiLeaks’ publications and “regrets that despite Mr Assange’s disclosure of thousands of confirmed — previously unreported — deaths by U.S. and coalition forces in Iraq and Afghanistan, he has been the one accused of endangering lives.”
Assange’s Testimony
The testimony Assange provided to the committee was poignant. “I eventually chose freedom over realizable justice … Justice for me is now precluded,” Assange testified. “I am not free today because the system worked. I am free today after years of incarceration because I pled guilty to journalism.” He added, “I pled guilty to seeking information from a source. I pled guilty to obtaining information from a source. And I pled guilty to informing the public what that information was.” His source was whistleblower Chelsea Manning, who provided the documents and reports to WikiLeaks. “Journalism is not a crime,” Assange said. “It is a pillar of a free and informed society.”………………………………………………………………………………
PACE Urges US to Investigate War Crimes
The resolution calls on the U.S., the U.K., the member and observer States of the Council of Europe, and media outlets to take actions to address its concerns.
It calls on the U.S., an observer State, to reform the Espionage Act of 1917 to exclude from its operation journalists, editors and whistleblowers who disclose classified information with the aim of informing the public of serious crimes, such as torture or murder. In order to obtain a conviction for violation of the Act, the government should be required to prove a malicious intent to harm national security. It also calls on the U.S. to investigate the allegations of war crimes and other human rights violations exposed by Assange and Wikileaks.
PACE called on the U.K. to review its extradition laws to exclude extradition for political offenses, as well as conduct an independent review of the conditions of Assange’s treatment while at Belmarsh, to see if it constituted torture, or inhuman or degrading treatment.
In addition, the resolution urges the States of the Council of Europe to further improve their protections for whistleblowers, and to adopt strict guidelines to prevent governments from classifying documents as defense secrets when not warranted.
Finally, the resolution urges media outlets to establish rigorous protocols for handling and verifying classified information, to ensure responsible reporting and avoid any risk to national security and the safety of informants and sources.
Although PACE doesn’t have the authority to make laws, it can urge the States of the Council of Europe to take action. Since Assange never had the opportunity to litigate the denial of his right to freedom of expression, the resolution of the Council of Europe is particularly significant as he seeks a pardon from U.S. President Joe Biden. https://truthout.org/articles/finally-free-assange-receives-a-measure-of-justice-from-the-council-of-europe/
Australian film-maker refused entry into India
Pearls and Irritations, By Sam Varghese, Sep 21, 2024
Australian film-maker David Bradbury has been refused entry into India, after flying into Chennai from Bangkok on 10 September with his two children, aiming to take a holiday.
Bradbury, an Oscar-nominated film-maker who is an anti-nuclear campaigner, said all three members of his family had valid visas issued by the Indian consulate in Canberra before they left Australia on 7 September.
He said he was denied entry because of a film he had made in India in 2012, about the protests against a nuclear power plant in Kudankulam, about two km away from the fishing hamlet of Idinthakarai in the southern district of Tirunelveli in Tamil Nadu.
When Bradbury submitted his passport to immigration at Chennai, he was told that he would not be granted entry into the country.
His children were, however, allowed to enter the country.
“During the course of the rest of the day and into the night various immigration plainclothes police would come and interrogate me,” Bradbury said in a statement.
They asked him what he was doing in India, what he had done during his previous visit in 2012, who he knew in India and whom he had communicated with before coming to the country.
He was also asked to unlock his phone and give it to the authorities, something he refused to do……………………………….
Bradbury is now in Bangkok after being deported from India. He said he would be spending one more week in the Thai capital while his children visited places in India which he had intended them to visit.
While en route to India, he screened his latest documentary, Death is a lady, a tribute to Vietnam war cameraman and journalist, the legendary Neil Davis who was tragically killed in a 24-hour coup in Bangkok 39 years ago. The screening raised $407 for the children of Gaza.
“What had caused the cancellation of my Indian visa? Over the course of the afternoon and being interrogated by Indian Immigration plainclothes officers, I quickly concluded the Indian government had not forgiven me for making a film about the anti-nuclear protest by poor fisherfolk,” Bradbury said.
The nuclear plant in question was proposed in 1986 and an agreement to build it was signed between the then Soviet Union and India in 1988.
Due to continuing protests, the plant was delayed. The idea was revived in 2000, and construction began under the then Indian government of Atal Bihari Vajpayee in 2001.
The plant became operational in 2013 and a second 1000MW unit was commissioned in August 2016, through an agreement between Russian President Vladimir Putin, Prime Minister Narendra Modi and then Tamil Nadu chief minister late Jayalalitha Jayaram.
Kudankulam has the highest capacity of any nuclear plant in India, with 2000 MW currently installed and 2000 MW under construction. Once completed, it will have a capacity of 6000 MW. It is also the only nuclear plant in India that uses pressurised water reactors based on Russian technology. https://johnmenadue.com/australian-film-maker-refused-entry-into-india/
Why Julian Assange couldn’t outrun the Espionage Act
the grave threat the Espionage Act poses to journalism and the First Amendment
SOTT, Jordan Howell The FIRE, Wed, 26 Jun 2024
Julian Assange spent seven years in self-exile in London’s Ecuadorian Embassy avoiding arrest, and five more in prison, for publishing classified documents on WikiLeaks.
Julian Assange is a free man, and one of the most contentious press freedom controversies in living memory may finally be coming to a close.
The WikiLeaks founder reached a plea deal with the Department of Justice on Monday after spending five years in an English prison fighting extradition to the United States. Federal officials sought to charge Assange with conspiracy to obtain and disclose national security information under the Espionage Act of 1917.
Assange and WikiLeaks shocked the world in 2010 by publishing hundreds of thousands of secret military documents and diplomatic cables related to the wars in Iraq and Afghanistan that were leaked by Army intelligence analyst Chelsea Manning. Months later, Assange was on the run and Manning was in jail.
Assange claimed that by receiving and publishing confidential information, what he did was no different than the type of routine news reporting that journalists around the world engage in every day. As the Supreme Court ruled in New York Times Co. v. United States (1971), better known as “The Pentagon Papers” case, publishing leaked documents is protected under the First Amendment.
FIRE has long opposed use of the Espionage Act to curtail the rights of journalists to source information. And in December 2022, FIRE signed an open letter organized by the Committee to Protect Journalists along with 20 other civil liberties groups calling on the federal government to drop its charges against Assange.
“We are united . . . in our view that the criminal case against him poses a grave threat to press freedom both in the United States and abroad,” we argued. “[J]ournalists routinely engage in much of the conduct described in the indictment: speaking with sources, asking for clarification or more documentation, and receiving and publishing official secrets. News organizations frequently and necessarily publish classified information in order to inform the public of matters of profound public significance.”
Assange’s 12 year ordeal, including seven years in self-exile in the Ecuadorian Embassy in London before his arrest and imprisonment, underscores the continued threat that the century-old Espionage Act still poses to civil liberties today — and not just in the United States. Assange is not a U.S. citizen, nor was he ever a resident. But because of modern extradition treaties, there were few places in the world where he could travel to escape the Act’s reach,
Under the terms of Monday’s deal, Assange pleaded guilty to the charges and was sentenced to 62 months incarceration, but with credit for time served, according to documents filed with the U.S. District Court for the Northern Mariana Islands.
Ultimately, freedom of the press is what was at stake with the government’s case against Assange. It was never only about him. The precedent that would have been set by his extradition and trial would have sent a chilling message to journalists across the country and the world: You can run, but you can’t hide from the Espionage Act.
What is the Espionage Act?……………………………………………………………………………………….Based on the Defense Secrets Act of 1911, the Espionage Act of 1917 included much stiffer penalties — including the death penalty — for sharing secret or confidential information or otherwise interfering with the operations of the U.S. military.
The Espionage Act made it a crime to obtain information regarding national defense “with intent or reason to believe” that doing so would hurt the U.S. or to advantage another country. While subsequent amendments and court decisions have refined its language and scope, its core purpose remains the same.
Espionage Act and the Supreme Court
The law was immediately controversial because its use was not limited to actual acts of espionage. Rather, the Espionage Act allowed the government to clamp down on anyone who opposed the war effort.
In Schenck v. United States, in 1919, the Supreme Court upheld the conspiracy conviction against socialist Charles Schenck under the Espionage Act for distributing anti-war leaflets that urged people to boycott the draft.
The problem with the Court’s ruling in Schenck, as subsequent decisions would affirm, is that Schenk’s speech was not calling for violence or even civil disobedience. Rather, his speech was precisely the kind of political expression that decades of subsequent Supreme Court decisions would ultimately uphold. Numerous convictions under the Espionage Act would make their way to the Court, including that of socialist presidential candidate Eugene Debs, who was arrested for giving a speech opposing the war.
Since then, one of the most nefarious uses of the Espionage Act has been to silence journalists. At least insofar as publishing the leaked documents on the Wikileaks website, what Assange did was little different than what The New York Times and The Washington Post did in 1971 when they published and reported on thousands of pages from a classified report about the war in Vietnam.
……………………………………….As the Supreme Court has ruled, freedom of the press is a foundational principle, enshrined in the Bill of Rights. And though Julian Assange is finally free, FIRE continues to have serious concerns about the grave threat the Espionage Act poses to journalism and the First Amendment. https://www.sott.net/article/492768-Why-Julian-Assange-couldnt-outrun-the-Espionage-Act
The State Failed to Break Assange
Julian Assange has not been freed, passive voice, the beneficiary of decisions taken by the American and British judiciaries — and almost certainly in the Biden regime’s upper reaches. Julian Assange has achieved his freedom, actively. Even during the darkest moments of his years under house arrest, in asylum at Ecuador’s London embassy, and at Belmarsh, he never surrendered his sovereignty. He remained ever the captain of his soul, and never did he allow his captors entry onto his ship.
SCHEERPOST, JULY 1, 2024 Patrick Lawrence
After apparently lengthy negotiations via Julian Assange’s attorneys, the WikiLeaks founder agreed to plead guilty to one felony charge of illegally obtaining and publishing U.S. government documents of various kinds — many standing as evidence of war crimes and human rights abuses, others exposing the Democratic Party’s corruptions during the presidential campaign of Hillary Clinton in 2016.
Assange was sentenced Wednesday to a term of five years and two months, precisely the time he spent at Belmarsh, the maximum-security prison in southeast London. It was from Belmarsh that Assange fought requests for his extradition to the U.S., where he would have faced multiple charges and a lengthy sentence under the 1917 Espionage Act. When he departed for Australia at the conclusion of the proceeding in Saipan, the largest of the Northern Marianas and also the capital city, he became a free man for the first time in 14 years, counting from his time under house arrest in 2010.
Let us take the utmost care with our diction at this surprising and welcome turn. This will enable us to fathom the moment clearly.
Julian Assange has not been freed, passive voice, the beneficiary of decisions taken by the American and British judiciaries — and almost certainly in the Biden regime’s upper reaches. Julian Assange has achieved his freedom, actively. Even during the darkest moments of his years under house arrest, in asylum at Ecuador’s London embassy, and at Belmarsh, he never surrendered his sovereignty. He remained ever the captain of his soul, and never did he allow his captors entry onto his ship.
It was for this, most fundamentally, that Assange has suffered these past years, especially the five he spent in a cell at Belmarsh. The project was precisely to destroy his sovereignty, to break him one way or another, and he refused to break. His will — and I simply cannot imagine the awesome muscularity of it — has seen him through to victory.
When news of his impending freedom arrived with us last Monday evening, I reacted without hesitation, “It is not a bad deal. Everyone knows the truth and worth of what Assange did. Nothing lost. A good man’s life hung in the balance — this a gain.”
“Everyone” seems already an overestimation, but I will get to this in a moment.
Among the curious details of Assange’s plea is the choice of the federal courthouse in the Northern Marianas, a U.S. possession, for the denouement of his case. Assange’s legal team requested this peculiar location, let us not miss. It is remote from the U.S. mainland but close to his native Australia. There are two things to surmise from this, I think.
One, it is likely Assange’s attorneys thought it a very bad idea for their client to set foot on American soil anywhere near the court in Washington’s environs where cases of this kind, national-security cases, are customarily tried — tried before jurors drawn from a pool well populated with active and retired national security operatives, bureaucrats and assorted apparatchiks.
That the locale for the final settlement was negotiated away from the District Court of Eastern Virginia indicates that Assange’s lawyers remained mistrustful of U.S. assurances of a fair treatment under the law even while their talks proceeded.
Two, and the larger point here, moving the case to so out-of-the-way a courtroom indicated that Assange and his legal defense almost certainly had considerable leverage in determining the terms under which he achieved his freedom. This tells us something important about the years Assange spent at Belmarsh subjected to disgracefully punitive conditions and the circus various judges, Vanessa Baraitser high among them, made of the British courts.
I have long assumed, as many others may have, that the Biden regime and its predecessor simply did not want Assange extradited because it did not want to take up a trial that would more or less automatically lead to a sentence of 170 years. Too potentially messy, too politically risky, too harsh a light on this administration’s hypocrisies in the matter of press freedom and its indifference to, if not its approval of, the British authorities’ inhumane treatment of a man whose organization exposed war crimes.
How else to explain the lengthy delays in the London courts these past five years? And I cannot but think with something close to conviction that the corporate press in America, chiefly The New York Times, had some modest voice in the decision to negotiate a plea that reflects to some extent the Assange side’s terms?
The Times has avoided serious reporting of the Assange case for years. Embarrassing it would have been for the paper to report proceedings in Eastern Virginia, as it would have been obliged to do. We all remember that The Times made full use of WikiLeaks releases until, in April 2017, Mike Pompeo denounced Assange as “a state actor of Russia.” It was at that point Washington turned frontally against the organization and its founder, and the corporate press dutifully followed the lead of Trump’s egregious secretary of state.
The Biden regime has managed at last to drop a hot potato, but it is a stretch to assume it has not burned its fingers. As others have remarked, it could have vacated its case entirely and, indeed, gone so far as to offer Assange compensation for his suffering while facing unjust charges.
That would have marked a dramatic redemption. Instead, it leaves the door still wide open to pursuing cases such as Assange’s whenever a reporter’s truths are similarly inconvenient. This is self-inflicted damage atop years of self-inflicted damage, in my read. The Biden government’s exit from this case more or less mutilates any claim it will henceforth assert to respect press freedom and First Amendment rights.
Sheer Endurance
I measure the magnitude of Julian Assange’s triumph not in passing political terms, although the politics of his achievement of freedom are important. I view it in more personal terms. His greatest victory lies in the strength and sheer endurance he summoned and consistently displayed as the machinery of two sovereign states attempted to destroy him.
Several years ago, readers will recall, Nils Melzer testified in Baraitser’s court that Assange’s treatment met official definitions of psychological and physical torture. Not long after the U.N.’s special rapporteur on torture gave his testimony, I began an essay on the Assange case for Raritan, the cultural and political journal. It came to me as I wrote “Assange Behind Glass,” which I reproduce here from my web site archives, that we had to see it in the context of the “total domination” Hannah Arendt explored in The Origins of Totalitarianism, her look back, in 1951, at the horrors of the 20th century’s first half. “Its intent is to strip humanity of all identity and individuation,” I wrote of Arendt’s theme. And from her text:……………………………………………………………………………………………………………………….
…………….Are there undisclosed codicils attaching to the Assange’s camp’s plea agreement? Will his professional activities henceforth be curtailed by agreement? These are inevitable questions, even if one does not care to pose them. The answers are unclear and may never be clear. Out of respect and admiration for a man who has just won his freedom after paying a very high price in his fight for it, I leave these matters to him and those around him. https://scheerpost.com/2024/07/01/patrick-lawrence-the-state-failed-to-break-assange/
‘Bring Julian home’: the Australian campaign to free Assange
Assange’s supporters say what Wikileaks revealed about power and access to information is as relevant today as ever.
Aljazeera, By Lyndal Rowlands 19 May 2024
Melbourne, Australia – At home in Australia, Julian Assange’s family and friends are preparing for his possible extradition to the United States, ahead of what could be his final hearing in the United Kingdom on Monday.
Assange’s half-brother Gabriel Shipton, who spoke to Al Jazeera from Melbourne before flying to London, said he had already booked a flight to the US.
A filmmaker who worked on blockbusters like Mad Max before producing a documentary on his brother, Shipton has travelled the world advocating for Assange’s release, from Mexico City to London and Washington, DC.
Earlier this year, he was a guest of cross-bench supporters of Assange at US President Joe Biden’s State of the Union address.
The invitation reflected interest in his brother’s case both in Washington, DC and back home in Australia. Biden told journalists last month he was “considering” a request from Australia to drop the US prosecution.
Assange rose to prominence with the launch of Wikileaks in 2006, creating an online whistleblower platform for people to submit classified material such as documents and videos anonymously. Footage of a US Apache helicopter attack in Baghdad, which killed a dozen people, including two journalists, raised the platform’s profile, while the 2010 release of thousands of classified US documents on the wars in Afghanistan and Iraq, as well as a trove of diplomatic cables, cemented its reputation.
Shipton told Al Jazeera the recent attention from Washington, DC had been notable, even as his brother’s options to fight extradition in the UK appeared close to running out.
“To get attention there on a case of a single person is very significant, particularly after Julian’s been fighting this extradition for five years,” Shipton told Al Jazeera, adding that he hoped the Australian prime minister was following up with Biden.
We’re always trying to encourage the Australian government to do more.”
A test for US democracy
Assange’s possible extradition to the US could see freedom of expression thrown into the spotlight during an election year that has already seen mass arrests at student antiwar protests.
Shipton told Al Jazeera the pro-Palestinian protests had helped bring “freedom of speech, freedom to assembly, particularly in the United States, front of mind again”, issues he notes have parallels with his brother’s story.
While Wikileaks published material about many countries, it was the administration of former US President Donald Trump that charged Assange in 2019 with 17 counts of violating the Espionage Act.
US lawyers argue Assange is guilty of conspiring with Chelsea Manning, a former army intelligence analyst, who spent seven years in prison for leaking material to WikiLeaks before former US President Barack Obama commuted her sentence.
“It’s an invaluable resource that remains utterly essential to understand how power works, not just US power, but global power,” Antony Loewenstein, an independent Australian journalist and author, said of the Wikileaks archive.
“I always quote and detail [Wikileaks’s] work on a range of issues from the drug war, to Israel/Palestine, to the US war on terror, to Afghanistan,” Loewenstein said, noting that Wikileaks also published materials on Bashar al-Assad’s Syria and Vladimir Putin’s Russia.
“It’s just an incredible historical resource,” he said.
Loewenstein’s most recent book, the Palestine Laboratory, explores Israel’s role in spreading mass surveillance around the world, another issue Loewenstein notes, that Assange often spoke about.
“One thing that Julian has often said, and he’s correct, is that the internet is on the one hand an incredibly powerful information tool… but it’s also the biggest mass surveillance tool ever designed in history,” said Loewenstein……………………………………………. more https://www.aljazeera.com/features/2024/5/19/bring-julian-home-the-australian-campaign-to-free-assange
The Heroism of David McBride
By John Kiriakou https://consortiumnews.com/2024/05/16/john-kiriakou-the-heroism-of-david-mcbride/
By 2014 McBride had compiled a dossier into profound command failings that saw examples of potential war crimes in Afghanistan overlooked and other soldiers wrongly accused. On Tuesday he was sentenced to nearly six years in jail.
Sometimes a whistleblower does everything right. He or she makes a revelation that is clearly in the public interest. The revelation is clearly a violation of the law. And then he or she is even more clearly abused by the government. It would be great if these stories always had happy endings. Unfortunately, they don’t.
In this case, the whistleblower, the hero, Australian David McBride has been sentenced to five years and eight months in prison for telling the truth. He will not be eligible for parole for 27 months.
David McBride is former British Army officer and a lawyer with the Australian Special Forces who blew the whistle on war crimes committed by Australian soldiers in Afghanistan, specifically the killing of 39 unarmed Afghan prisoners, farmers, and civilians in 2012.
After failing to raise a response through official channels, McBride shared the information with the Australian Broadcasting Corporation (ABC), which published a series of major reports based on the material.
The ABC broadcasts in 2017 led to a major inquiry that upheld many of the allegations. Despite this, the ABC and its journalists themselves came under threat of prosecution for their work on the story.
The ABC offices in Sydney were raided by the national police, but in the end the government did not prosecute an ABC journalist because it was not in the public interest. McBride himself, however, was prosecuted for dissemination of official information.
Two Tours in Afghanistan
Let’s go back a few years. McBride at the time already was a seasoned attorney. After studying for a second law degree at Oxford University, he joined the British military and eventually moved back to Australia where he became a lawyer in the Australian Defence Forces (ADF). In that role he had two tours in Afghanistan in 2011 and 2013.
While on deployment, McBride became critical of the terms of engagement and other regulations that soldiers were working under, which he felt were endangering military personnel for the sake of political imperatives determined elsewhere.
By 2014 McBride had compiled a dossier into profound command failings that saw examples of potential war crimes in Afghanistan overlooked and other soldiers wrongly accused. His internal complaints were suppressed and ignored.
McBride’s reports also looked at other matters, including the military’s handling of sexual abuse allegations. After his use of internal channels had proven ineffective, McBride gave his report to the police. And eventually, he contacted journalists at ABC.
ABC’s Afghan Files documented several incidents of Australian soldiers killing unarmed civilians, including children, and questioned the prevalent “warrior culture” in the special forces. Subsequent to McBride’s disclosures, the behavior of other Coalition Special Forces in Afghanistan also came under sustained investigation.
In many ways, McBride’s reports went further than the issues identified by ABC. Amid prevalent rumors that Australian troops were responsible for war crimes, questionable deaths in Afghanistan had led to calls for investigations.
Report Vindicated McBride & ABC
In November 2020, the Brereton report (formally called the Inspector General of the Australian Defence Force Afghan Inquiry report) was published, utterly vindicating McBride and the ABC. Judge Paul Brereton found evidence of multiple incidents involving Australian personnel that had led to 39 deaths. Among his recommendations were the investigation of these incidents for possible future criminal charges.
There would be almost no criminal charges, however. At least, there would be only one eventual criminal charge against one single soldier in the murder of Afghan civilians. There have been no charges against the officers who covered up the war crimes.
Instead, though, there would be serious charges against McBride for “theft of government property” (the information) and for “sharing with members of the press documents classified as secret.” He faced life in prison.
McBride’s sentence illustrates the challenges that Australian whistleblowers face when reporting evidence of waste, fraud, abuse, illegality, or threats to the public health or public safety.
First, just like in the United States, there are no protections for national security whistleblowers. McBride took his career — indeed, his life — into his hands when he decided to go public with his revelations. But what else could he do?
Second, as in the United States, there is no affirmative defense. McBride, like Edward Snowden, Jeffrey Sterling, Daniel Hale and like me, was forbidden from standing up in court and saying, “Yes, I gave the information to the media because I witnessed a war crime or a crime against humanity. What I did was in the public interest.”
Those words are never permitted to be spoken in a court in the United States or Australia.
Recalling Nuremberg
Third, Australia is in dire need of some legal reforms. The judge in McBride’s case said at sentencing that McBride, “had no duty as an army officer beyond following orders.” That defense was attempted at Nuremberg and it failed. It’s time for the Australian judiciary to get into the 21st century.
There are a couple points of light in this whole fiasco. The Brereton Commission did indeed recommend that 19 members of the Australian Special Forces be prosecuted for war crimes. So far, one has been charged with a crime. He is accused of shooting and killing a civilian in a wheat field in Uruzgan Province in 2012.
Indeed, Andrew Wilkie, a former Australian government intelligence analyst-turned-whistleblower, and now member of Parliament, says that “the Australian government hates whistleblowers” and that it wanted to punish David McBride and to send a signal to other government insiders to remain silent, even in the face of witnessing horrible crimes. I would say exactly the same thing about the United States.
I’m proud to call David McBride a friend. I know exactly what he’s going through right now. But his sacrifice will not be in vain. History will smile on him. Yes, the next several years will be tough. He’ll be a prisoner. He’ll be separated from his family. And when he gets out of prison, well into his 60s, he’ll have to begin rebuilding his life. But he is right and his government is wrong. And future generations will understand and appreciate what he did for them.
John Kiriakou is a former C.I.A. counterterrorism officer and a former senior investigator with the Senate Foreign Relations Committee. John became the sixth whistleblower indicted by the Obama administration under the Espionage Act — a law designed to punish spies. He served 23 months in prison as a result of his attempts to oppose the Bush administration’s torture program.
And McBride will be allowed to appeal his conviction. Still any other light at the end of the tunnel is likely an oncoming train, rather than relief for the whistleblower.
But the bottom line is this. There is a war against whistleblowers in Australia just like there is in the United States.
David McBride goes to prison – and Australian democracy takes a hit
Peter Greste, Professor of Journalism and Communications, Macquarie University, 17 May 24, https://theconversation.com/david-mcbride-goes-to-prison-and-australian-democracy-takes-a-hit-230007—
Governments and their agencies wield awesome power. At times, it is quite literally the power over life and death. That is why in any functioning democracy, we have robust checks and balances designed to make sure power is exercised responsibly and with restraint.
So, what message does a sentence of more than five years in prison for someone who exposed credible allegations of war crimes by Australian soldiers send?
On Tuesday, ACT Supreme Court Justice David Mossop despatched the former military lawyer David McBride to prison for five years and eight months, for passing classified military documents to journalists. Those documents formed the basis of the ABC’s explosive “Afghan Files” investigation, revealing allegations that Australian soldiers were involved in the unlawful executions of unarmed civilians.
It is hard to think of any whistleblowing more important.
McBride’s case forced us to confront the way our own troops had been conducting the war in Afghanistan, as well as the government’s ongoing obsession with secrecy over the public interest.
McBride had been concerned about what he saw as systemic failures of the SAS commanders, and their inconsistency in dealing with the deaths of “non-combatants” in Afghanistan. In an affidavit, he said he saw the way frontline troops were being –
improperly prosecuted […] to cover up [leadership] inaction, and the failure to hold reprehensible conduct to account.
He initially complained internally, but when nothing happened he decided to go public. In 2014 and 2015, McBride collected 235 military documents and gave them to the ABC. The documents included 207 classified as “secret” and others marked as cabinet papers.
It is hard to deny the truth of what McBride exposed. The Brereton Inquiry later found what a parliamentary briefing described as “credible information” of 23 incidents in which non-combatants were unlawfully killed “by or at the direction of Australian Special Forces”. The report said these “may constitute the war crime of murder”.
Brereton went on to recommend prosecutions of the soldiers who were allegedly responsible. Yet, the first person to face trial and be sent to prison in the whole debacle is not any of those who might have been responsible for alleged killings, but the man who exposed “misconduct” in the Australian Defence Force.
Much has been made of McBride’s reasons for going to the media, but this focus on motives is a form of misdirection. Whistleblowers take action for a host of reasons – some of them less honourable than others. But ultimately, what matters is the truth of what they expose, rather than why.
That is why we recognise media freedom as an essential part of a healthy democracy, including the right – indeed the responsibility – of journalists to protect confidential sources. Unless sources who see wrongdoing can confidently expose it without fear of being exposed and prosecuted, the system of accountability falls apart and gross abuses of power remain hidden.
It is also why the formal name for Australia’s whistleblower protection law is the “Public Interest Disclosure Act”.
This law is designed to do what it says on the tin: protect disclosures made in the public interest, including those made through the media. It recognises that sometimes, even when the law imposes certain obligations of secrecy on public servants, there may be an overriding interest in exposing wrongdoing for the sake of our democracy.
As a highly trained and experienced military lawyer, McBride knew it was technically illegal to give classified documents to the media. The law is very clear about that, and for good reason. Nobody should be able to publish government secrets without a very powerful justification.
But nor should the fact that a bureaucrat has put a “secret” stamp on a document be an excuse for covering up serious crimes and misdemeanours.
In McBride’s case, the judge accepted the first premise, but rejected the second.
This is why my organisation, the Alliance for Journalists’ Freedom, is advocating for a Media Freedom Act. The act would oblige the courts to weigh up those competing public interests – the need for secrecy in certain circumstances against the sometimes more compelling need to publish and expose wrongdoing – rather than assume secrecy as a given.
It is hard to overstate the impact this case is likely to have on anybody with evidence of government misdeeds. Do they stay quiet and live with the guilt of being complicit, or do they speak up like McBride and others, and risk public humiliation, financial ruin and possibly even prison?
Attorney-General Mark Dreyfus has committed to reforming the whistleblower protection regime, and before the last election, promised to set up an independent Whistleblower Protection Authority. Those commitments are laudable, but they ring hollow while McBride sits in prison and another prominent whistleblower, Richard Boyle from the Australian Taxation Office, faces trial later this year.
It is hard to see the former military lawyer being locked in a cell, and say Australia is either safer, or better because of it.
“An Awkward Problem”: Julian Assange and the Australian dog that didn’t bark
a clear Australian Government policy to limit direct engagement on the Assange case until after he has been extradited to the United States, put to trial, convicted, sentenced and exhausted all appeal rights.
by Philip Dorling and Rex Patrick | Apr 13, 2024, https://michaelwest.com.au/julian-assange-an-awkward-problem-for-albanese/?utm_source=newsletter&utm_medium=email&utm_term=2024-04-18&utm_campaign=Michael+West+Media+Weekly+Update
Joe Biden says he’s “considering” an end to the prosecution of Julian Assange. Anthony Albanese says, “enough is enough,” but not much else. Rex Patrick and Philip Dorling discuss the latest developments in the Assange case.
That’s the position behind the Government’s careful words about bringing the matter to a close.
At no point has the Australian Government called publicly for the espionage charges to be dropped and the extradition process to be ended.
A plea deal?
Last month, the Wall Street Journal reported the US Justice Department has been considering a proposed plea deal with Assange, dropping the espionage charges and allowing him to admit to a misdemeanour concerning the mishandling of classified documents.
According to the Journal the Justice Department was exploring ways to end the long London court battle as Assange continues to fight against extradition. It isn’t clear whether the move for a plea deal has come from Justice or Assange’s legal team. In any case, Assange’s lawyers said they’d been “given no indication” of any change in the US position.
President Biden may have been referring to the question of a plea deal as much as any representations from the Australian Parliament.
A plea deal might well be under consideration, but it’s clearly not a done deal yet, and a radical reduction in the charges, with Assange walking free in London and his time in His Majesty’s Prison Belmarsh taken into account, sounds like a big ask.
That dog ain’t barking…
One thing’s clear, however, Albanese hasn’t followed up on the parliamentary resolution with any personal diplomatic push on the Assange case.
One might have thought that Albanese would have directly engaged President Biden or else directed new representations across the top levels of the US Administration.
If that were the case, one would expect Albanese’s own Department to be closely engaged, working with DFAT and the Australian Embassy in Washington. Albanese is a careful, process-driven prime minister, so one would expect there to be PM&C briefing papers and correspondence. If absolutely nothing else one would expect there to be a Parliamentary Question Time Brief.
With such expectations, on March 7, 2024, Rex Patrick submitted a new FOI application for access to “PM&C submissions, talking points or other documents provided to Prime Minister Albanese between 1 February 2024 and 29 February 2024 that refer or relate to Julian Assange”.
Yesterday, the same day as Albanese’s latest comments that his government was using “all of our diplomatic efforts at every level”, PM&C provided their FOI response.
Dave Titheridge, head of the Department’s Global Interests Branch, advised: “I am refusing your request for access … as the documents you have requested do not exist”.
PM&C conducted an extensive search, including through its email system, Parliamentary Document Management System and electronic records repository and turned up nothing.
Nothing happening here – either before or after the parliamentary resolution.
Zero, zip, zilch, nada.
What’s next?
So, where does this leave Assange? His appeal options in London are nearly at an end. Perhaps his lawyers will finally get lucky. Perhaps President Biden is “considering” his case. Perhaps there will be a plea deal.
But Assange may well be extradited and spend decades rotting in a US maximum security prison. He might die there. He could also eventually come home, but as a prisoner in shackles, not as a free man.
Whatever happens, however, it won’t be down to a big effort – or barking – from the Albanese Government.
Supporters of Julian Assange were encouraged on Thursday by US President Joe Biden’s off-the-cuff- remark that his administration was “considering” an Australian request to end the espionage prosecution of the WikiLeaks founder.
Assange’s spouse, Stella Assange, called on Biden to “do the right thing” and “drop the charges”. Prime Minister Anthony Albanese said Australia was using “diplomatic efforts at every level to communicate that it is time that this was brought to a close, enough is enough.”
However, getting to the bottom of what governments do in the secretive world of diplomacy can often be akin to investigating a murder mystery. The clues are elusive and fragmentary. In the case of imprisoned Australian journalist Julian Assange, it’s a case of a dog that didn’t bark.
Parliamentary action
Media reports attributed the apparent shift in the US position to Albanese’s support for a parliamentary motion moved by independent MP Andrew Wilkie on February 14 that declared the Assange extradition proceedings have “gone on for too long” and “underline[d] the importance of the UK and USA bringing the matter to a close so that Mr Assange can return home to his family in Australia”.
Albanese said his government had supported the motion “because it is the right thing to do.” He added that he had raised the Assange case “at the highest levels” with the US and UK with “a calibrated and deliberate approach” that included discussions with Assange’s lawyers. In that context, the parliamentary resolution was “important… it’s important to send that message.”
Quiet diplomacy
It’s one thing to express support for “bringing the matter to a close”; but what does that mean in practice? For Assange supporters, it means the US dropping the prosecution and Assange returning to Australia as a free man.
However, the Albanese Government’s understanding and expectations are likely rather different.
FOI inquiries by Rex Patrick over the past eighteen months have shown that the Albanese Government’s track record on the Assange case has been patchy at best. The government’s “quiet diplomacy” has been minimalist. FOI applications directed toward the Department of Foreign Affairs and Trade, including Australia’s Embassy in Washington, have revealed little evidence of concerted diplomatic activity,
This isn’t to say that Albanese hasn’t raised the Assange case at the “highest levels.” He undoubtedly has, but it’s likely involved mentioning it as a politically awkward problem rather than a push to secure Assange’s freedom.
In response Secretary of State Antony Blinken made it publicly clear the US Government was most reluctant to intervene in the Justice Department’s prosecutorial process – an issue of obvious political sensitivity given the criminal charges brought against former president Donald Trump.
FOI inquiries also unearthed briefings for Attorney-General Mark Dreyfus that revealed a clear Australian Government policy to limit direct engagement on the Assange case until after he has been extradited to the United States, put to trial, convicted, sentenced and exhausted all appeal rights. Only then could Assange apply under the International Transfer of Prisoners scheme to serve a sentence of imprisonment in Australia. Only then would the Attorney-General formally consider that possibility,
Flicker of Hope: Biden’s Throwaway Lines on Assange
April 12, 2024 by: Dr Binoy Kampmark, https://theaimn.com/flicker-of-hope-bidens-throwaway-lines-on-assange/
Walking stiffly, largely distracted, and struggling to focus on the bare essentials, US President Joe Biden was keeping company with his Japanese counterpart, Prime Minister Fumio Kishida, when asked the question. It concerned what he was doing regarding Australia’s request that the WikiLeaks founder Julian Assange be returned to Australia.
Assange, who has spent five tormenting years in Belmarsh Prison in London, is battling extradition to the US on 18 charges, 17 tenuously and dangerously based on the US Espionage Act of 1917.
The words that followed from the near mummified defender of the Free World were short, yet bright enough for the publisher’s supporters. “We’re considering it.” No details were supplied.
To these barest of crumbs came this reaction from from Australian Prime Minister Anthony Albanese on ABC’s News Breakfast: “We have raised on behalf of Mr Assange, Australia’s national interest, that enough is enough, that this needs to be brought to a conclusion, and we’ve raised it at each level of government in every possible way.” When pressed on whether this was merely an afterthought from the president, Albanese responded with the usual acknowledgments: the case was complex, and responsibility lay with the US Department of Justice.
One of Assange’s lawyers, the relentless Jennifer Robinson, told Sky News Australia of her encouragement at Biden’s “response, this is what we have been asking for over five years. Since 2010 we’ve been saying this is a dangerous precedent that’s being set. So, we certainly hope it was a serious remark and the US will act on it.” Assange’s brother, Gabriel Shipton, also told Sky News that the statement was significant while WikiLeaks editor-in-chief, Kristinn Hrafnsson thought the utterance “extraordinary”, cautiously hoping “to see in the coming days” whether “clarification of what this means” would be offered by “those in power” and the press corps.
The campaign to free Assange has burgeoned with admirable ferocity. The transformation of the WikiLeaks founder from eccentric, renegade cyber thief deserving punishment to prosecuted and persecuted scribbler and political prisoner has been astonishing.
The boggling legal process has also been shown up as woefully inadequate and scandalous, a form of long-term torture via judicial torment and deprivation. The current ludicrous pitstop entails waiting for a UK Court of Appeal decision as to whether Assange will be granted leave for a full reconsideration of his case, including the merits of the extradition order itself.
The March 26 Court of Appeal decision refused to entertain the glaringly obvious features of the case: that Assange is being prosecuted for his political views, that due process is bound to be denied in a country whose authorities have contemplated his abduction and murder, and that he risks being sentenced for conduct he is not charged with “based on evidence he will not see and which may have been unlawfully obtained.” The refusal to entertain such material as the Yahoo News article from September 2021 outlining the views of intelligence officials on kidnapping and assassination options again cast the entire affair in a poor light.
Even if Assange is granted a full hearing, it is not clear whether the court will go so far as to accept the arguments. The judges have already nobbled the case by offering US prosecutors the chance to offer undertakings, none of which would or could be binding on the DOJ or any US judge hearing the case. Extradition, in other words, is likely to be approved if Assange is “permitted to rely on the First Amendment”, “is not prejudiced at trial (including sentence) by reason of his nationality” and that he “is afforded the same First Amendment protection as a United States citizen, and that the death penalty not be imposed.” These conditions, on the face of it, look absurd in their naïve presumption.
Whether Biden’s latest casual spray lends any credibility to a change of heart remains to be seen. In December 2010, when Vice President in the Obama administration, Biden described Assange as a “high-tech terrorist” for disclosing State Department cables. He failed to identify any parallels with previous cases of disclosures such as the Pentagon papers.
Craig Murray, former British diplomat and Assange confidant, adds a note of cautious sobriety to the recent offering from the president: “I’m not going to get too hopeful immediately on a few words out of the mouth of Biden, because there has been no previous indication, nothing from the Justice Department so far to indicate any easing up.”
For all that, it may well be that the current administration, facing a relentless publicity campaign from human rights organisations, newspapers, legal and medical professionals, not to mention pressure from both his own party in Congress and Republicans, is finally yielding. Caution, however, is the order of the day, and nothing should be read or considered in earnest till signatures are inked and dried. We are quite a way off from that.
Purgatorial Torments: Assange and the UK High Court
Australian Independent Media, March 27, 2024, by: Dr Binoy Kampmark
What is it about British justice that has a certain rankness to it, notably when it comes to dealing with political charges? The record is not good, and the ongoing sadistic carnival that is the prosecution (and persecution) of Julian Assange continues to provide meat for the table.
Those supporting the WikiLeaks publisher, who faces extradition to the United States even as he remains scandalously confined and refused bail in Belmarsh Prison, had hoped for a clear decision from the UK High Court on March 26. Either they would reject leave to appeal the totality of his case, thereby setting the wheels of extradition into motion, or permit a full review, which would provide some relief. Instead, they got a recipe for purgatorial prolongation, a tormenting midway that grants the US government a possibility to make amends in seeking their quarry.
A sinking sense of repetition was evident. In December 2021, the High Court overturned the decision of the District Court Justice Vanessa Baraitser to bar extradition on the weight of certain assurances provided by the US government. Her judgment had been brutal to Assange in all respects but one: that extradition would imperil his life in the US penal system, largely due to his demonstrated suicidal ideation and inadequate facilities to cope with that risk.
With a school child’s gullibility – or a lawyer’s biting cynicism – the High Court judges accepted assurances from the Department of Justice (DOJ) that Assange would not face the crushing conditions of detention in the notorious ADX Florence facility or suffer the gagging restrictions euphemised as Special Administrative Measures. He would also receive the appropriate medical care that would alleviate his suicide risk and face the prospect of serving the balance of any sentence back in Australia. The refusal to look behind the mutability and fickle nature of such undertakings merely passed the judges by. The March 26 judgment is much in keeping with that tradition.
The grounds for Assange’s team numbered nine in total entailing two parts. Some of these should be familiar to even the most generally acquainted reader. The first part, comprising seven grounds, argues that the decision to send the case to the Home Secretary was wrong for: ignoring the bar to extradition under the UK-US Extradition Treaty for political offences, for which Assange is being sought for; that his prosecution is for political opinions; that the extradition is incompatible with article 7 of the European Convention on Human Rights (ECHR) noting that there should be no punishment without law; that the process is incompatible with article 10 of the ECHR protecting freedom of expression; that prejudice at trial would follow by reason of his non-US nationality; that the right to a fair trial, protected by article 6 of the ECHR, was not guaranteed; and that the extradition is incompatible with articles 2 and 3 of the ECHR (right to life, and prohibiting inhuman and degrading treatment).
The second part of the application challenged the UK Home Secretary’s decision to approve the extradition, which should have been barred by the treaty between the UK and US, and on the grounds that there was “inadequate specialty/death penalty protection.”
In this gaggle of imposing, even damning arguments, the High Court was only moved by three arguments, leaving much of Baraitser’s reasons untouched. Assange’s legal team had established an arguable case that sending the case to the Home Secretary was wrong as he might be prejudiced at trial by reason of his nationality. Following from that “but only as a consequence of that”, extradition would be incompatible with free speech protections under article 10 of the ECHR. An arguable case against the Home Secretary’s decision could also be made as it was barred by inadequate specialty/death penalty protection.
What had taken place was a dramatic and savage pruning of a wholesome challenge to a political persecution garishly dressed in legal drag. On the issue of whether Assange was being prosecuted for his political opinions, the Court was happy to accept the woeful finding by Baraitser that he had not. The judge was “entitled to reach that conclusion on the evidence before her, and on the unchallenged sworn evidence of the prosecutor (which refutes the applicant’s case).” While accepting the view that Assange “acted out of political conviction”, the extradition was not being made “on account of his political views.” Again, we see the judiciary avoid the facts staring at it: that the exposure of war crimes, atrocities, torture and various misdeeds of state are supposedly not political at all.
………………………………………………………………………………………….. Of enormous, distorting significance was the refusal by the High Court to accept “fresh evidence” such as the Yahoo News article from September 2021 outlining the views of intelligence officials on the possible kidnapping and even assassination of Assange.
…………….Imaginatively, if inexplicably, the judges accepted her finding that the conduct by the CIA and UC Global regarding the Ecuadorian embassy had no link with the extradition proceedings. With jaw dropping incredulity, the judges reasoned that the murderous, brutal rationale for dealing with Assange contemplated by the US intelligence services “is removed if the applicant is extradited.” In a fit of true Orwellian reasoning, Assange’s safety would be guaranteed the moment he was placed in the custody of his would-be abductors and murderers.
The High Court was also generous enough to do the homework for the US government by reiterating the position taken by their brother judges in the 2021 decision. Concerns about Assange’s mistreatment would be alleviated by granting “assurances (that the applicant is permitted to rely on the First Amendment, that the applicant is not prejudiced at trial (including sentence) by reason of his nationality, that he is afforded the same First Amendment protection as a United States citizen, and that the death penalty not be imposed).” Such a request is absurd for presuming, not only that the prosecutors can be held to their word, but that a US court would feel inclined to accept the application of the First Amendment, let alone abide by requested sentencing requirements.
The US government has been given till April 16 to file assurances addressing the three grounds, with further written submissions in response to be filed by April 30 by Assange’s team, and May 14 by the Home Secretary. Another leave of appeal will be entertained on May 20. If the DOJ does not provide any assurances, then leave to appeal will be granted. The accretions of obscenity in the Assange saga are set to continue. more https://theaimn.com/purgatorial-torments-assange-and-the-uk-high-court/
The Empire Slowly Suffocates Assange Like It Slowly Suffocates All Its Enemies
CAITLIN JOHNSTONE, MAR 27, 2024, https://www.caitlinjohnst.one/p/the-empire-slowly-suffocates-assange?utm_source=post-email-title&publication_id=82124&post_id=142993532&utm_campaign=email-post-title&isFreemail=true&r=1ise1&triedRedirect=true&utm_medium=email
The British High Court has ruled that WikiLeaks founder Julian Assange may potentially get a final appeal against extradition to the United States, but only within a very limited scope and only if specific conditions are met.
The court ruled that Assange may appeal only on the grounds that his freedom of speech might be restricted in the US, and that there is a possibility he could receive the death penalty. If the US provides “assurances” that neither of these things will happen, then the trial moves to another phase where Assange’s legal team may debate the merits of those assurances. If the US does not provide those assurances, then the limited appeal will move forward.
Absurdly, the court determined that Assange’s lawyers may not argue against extradition on matters as self-evidently critical as the fact that the CIA plotted to assassinate him, or on the basis that he is being politically persecuted for the crime of inconvenient journalism.
The mass media are calling this a “reprieve”, even “wonderful news”, but as Jonathan Cook explains in his latest article “Assange’s ‘reprieve’ is another lie, hiding the real goal of keeping him endlessly locked up,” that’s all a bunch of crap.
“The word ‘reprieve’ is there — just as the judges’ headline ruling that some of the grounds of his appeal have been ‘granted’ — to conceal the fact that he is prisoner to an endless legal charade every bit as much as he is a prisoner in a Belmarsh cell,” writes Cook. “In fact, today’s ruling is yet further evidence that Assange is being denied due process and his most basic legal rights — as he has been for a decade or more.”
Cook writes the following:
“The case has always been about buying time. To disappear Assange from public view. To vilify him. To smash the revolutionary publishing platform he founded to help whistleblowers expose state crimes. To send a message to other journalists that the US can reach them wherever they live should they try to hold Washington to account for its criminality.
“And worst of all, to provide a final solution for the nuisance Assange had become for the global superpower by trapping him in an endless process of incarceration and trial that, if it is allowed to drag on long enough, will most likely kill him.”
This kind of slow motion strangulation is how the empire operates all the time these days, across all spheres. Helping Israel starve Gaza while slowly pretending to work toward solutions. Drawing out a proxy war in Ukraine for as long as possible to bleed Russia. Slowly killing Assange in prison without trial under the pretense of judicial proceedings.
The US-centralized empire hunts not like a tiger, killing its prey with one fatal bite to the jugular, but more like a python: slowly suffocating the life out of its prey until it perishes. It favors the long, drawn-out, confusing strangulation of inconvenient populations and individuals, carried out under the cover of bureaucracy and propaganda spin. In today’s world it prefers sanctions, blockades and long proxy conflicts over the big Hulk-smash ground invasions we saw it carry out in places like Iraq and Vietnam.
These slow suffocations can take more time, but what they lack in efficiency they make up for in the quality of perception management. It’s bad PR to just openly invade countries and murder people, which is why the leaders of the western empire have been able to wag their fingers at Putin despite their being quantifiably far more murderous than Russia. People start snapping out of the propaganda matrix you spent so much time building for them and begin organizing against the political status quo your power is premised on.
So they opt for slow strangulation strategies where they can confuse the public about what’s happening and who’s responsible, outsourcing the blame to other parties while posing as the good guy who’s trying to bring peace and stability. It takes time, but the empire has time to burn. That’s what happens when you’re the most powerful empire in the history of civilization; you have the luxury of biding your time while orchestrating large-scale, long-term operations to advance your power agendas.
Meanwhile Gaza starves, Ukraine bleeds, and Assange languishes in prison, each needing this to end with more urgency every day.
Julian Assange and the Plea Nibble
Barry Pollack, one of Assange’s legal representatives, has not been given any indication that the department would, as such, accept the deal, a point he reiterated to Consortium News: “[W]e have been given no indication that the Department of Justice intends to resolve the case.”
March 23, 2024 by: Dr Binoy Kampmark https://theaimn.com/julian-assange-and-the-plea-nibble/
Be wary of what Washington offers in negotiations at the best of times. The empire gives and takes when it can; the hegemon proffers and in equal measure and withdraws offers it deems fit. This is all well known to the legal team of WikiLeaks’ founder Julian Assange, who, the Wall Street Journal “exclusively” reveals, is in ongoing negotiations with US Justice Department officials on a possible plea deal.
As things stand, the US Department of Justice is determined to get its mitts on Assange on the dubious strength of 18 charges, 17 confected from the brutal Espionage Act of 1917. Any conviction from these charges risks a 175-year jail term, effectively constituting a death sentence for the Australian publisher.
The war time statute, which was intended to curb free speech and muzzle the press for the duration of the First World War, was assailed by Wisconsin Republican Senator Robert La Follette as a rotten device that impaired “the right of the people to discuss the war in all its phases.” It was exactly in time of war that the citizen “be more alert to the preservation of his right to control his government. He must be most watchful of the encroachment of the military upon the civil power.” And that encroachment is all the more pressing, given the Act’s repurposing as a weapon against leakers and publishers of national security material. In its most obscene incarnation, it has become the US government’s political spear against a non-US national who published US classified documents outside the United States.
The plea deal idea is not new. In August last year, the Sydney Morning Herald pounced upon comments from US Ambassador to Australia Caroline Kennedy that a “resolution” to the Assange imbroglio might be on the table. “There is a way to resolve it,” the ambassador suggested at the time. Any such resolution could involve a reduction of any charges in favour of a guilty plea, subject to finalisation by the Department of Justice. Her remarks were heavily caveated: this was more a matter for the DOJ than the State Department or any other agency. “So it’s not really a diplomatic issue, but I think there absolutely could be a resolution.”
The WSJ now reports that officials from the DOJ and Assange’s legal team “have had preliminary discussions in recent months about what a plea deal could look like to end the lengthy legal drama.” These talks “remain in flux” and “could fizzle.” Redundantly, the Journal reports that any such agreement “would require approval at the highest levels of the Justice Department.”
Barry Pollack, one of Assange’s legal representatives, has not been given any indication that the department would, as such, accept the deal, a point he reiterated to Consortium News: “[W]e have been given no indication that the Department of Justice intends to resolve the case.”
One floated possibility would be a guilty plea on a charge of mishandling classified documents, which would be classed as a misdemeanour. Doing so would take some of the sting out of the indictment, which is currently thick with felonies and one conspiracy charge of computer intrusion. “Under the deal, Assange could potentially enter that plea remotely, without setting foot in the US.” Speculation from the paper follows. “The time he has spent behind bars in London would count toward any US sentence, and he would be likely to be free to leave prison shortly after any deal has concluded.”
With little basis for the claim, the report lightly declares that the failure of plea talks would not necessarily be a bad thing for Assange. He could still “be sent to the US for trial”, where “he may not stay for long, given the Australia pledge.” The pledge in question is part of a series of highly questionable assurances given to the UK government that Assange’s carceral conditions would not include detention in the supermax ADX Florence facility, the imposition of notorious Special Administrative Measures, and the provision of appropriate healthcare. Were he to receive a sentence, it would be open to him to apply and serve its balance in Australia. But all such undertakings have been given on condition that they can be broken, and transfer deals between the US and other countries have been plagued by delays, inconsistencies, and bad faith.
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The dangers and opportunities to Assange have been bundled together, a sniff of an idea rather than a formulation of a concrete deal. And deals can be broken. It is hard to imagine that Assange would not be expected to board a flight bound for the United States, even if he could make his plea remotely. Constitutional attorney Bruce Afran, in an interview with CN Live! last August, suggested that a plea, taken internationally, was “not barred by any laws. If all parties consent to it, then the court has jurisdiction.” Yes, but what then?
In any event, once on US soil, there is nothing stopping a grand volte face, that nasty legal practice of tagging on new charges that would carry even more onerous penalties. It should be never forgotten that Assange would be delivered up to a country whose authorities had contemplated, at points, abduction, illegal rendition, and assassination.
Either way, the current process is one of gradual judicial and penal assassination, conducted through prolonged proceedings that continue to assail the publisher’s health even as he stays confined to Belmarsh Prison. (Assange awaits the UK High Court’s decision on whether he will be granted leave to appeal the extradition order from the Home Office.) The concerns will be how to spare WikiLeaks founder further punishment while still forcing Washington to concede defeat in its quest to jail a publisher. That quest, unfortunately, remains an ongoing one.
1 This month
of the week – Disrupting War & Militarism in Oceania. Active solidarity. Radical practice.
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