Read The Times Australia

Daily Bulletin

New indictments set up a confrontation between the US and Julian Assange

  • Written by: Holly Cullen, Adjunct professor, University of Western Australia
The Conversation

Australians woke to the news on Friday that the United States had unveiled new charges against Wikileaks co-founder Julian Assange.

The indictment, issued by the US Department of Justice, includes 17 charges of espionage:

  • one count of conspiracy to receive national defense information
  • seven counts of obtaining national defense information
  • nine counts of disclosing national defense information.

These charges are in addition to the charge of conspiracy to commit computer misuse contained in the initial US request for extradition in April.

Here’s what the new charges mean for Assange, how he could fight them, and what’s likely to happen next.

Read more: Julian Assange on Google, surveillance and predatory capitalism

What factors will affect whether the UK approves extradition to the US?

Extradition includes a mixture of judicial and political processes. Assange could plead a number of legal objections to his extradition, including human rights concerns. This could see the case go through all levels of the English court system, as happened in 2011-12. The charges could also be challenged in the European Court of Human Rights.

Assange’s main legal objection to extradition is likely to be that the offences charged are political offences, and therefore not extraditable offences under the treaty.

In addition to the American extradition request, the Swedish prosecutor has announced she is reopening the investigation of a rape accusation against Assange. She has applied to the Swedish courts for a detention order, which is the first step towards the issuing of a European Arrest Warrant (EAW).

Both the EU’s Framework Decision on the European Arrest Warrant and the US-UK extradition treaty allow the UK to decide which of the two competing extradition requests to prioritise. There’s a good chance that the UK would decide to prioritise the Swedish request because the rape prosecution must be brought by August 2020, at the latest. It’s likely that the English courts would expedite any legal challenges to prevent time running out.

If the UK decides to prioritise the American request, it would effectively prevent the Swedish prosecution being brought in time.

Read more: Chelsea Manning and the rise of 'big data' whistleblowing in the digital age

If he goes to Sweden first to face the rape charges, would Sweden be more or less favourable on the US indictment?

The US-Swedish extradition treaty appears to be stricter than the US-UK treaty. It only allows extradition for listed offences, and espionage is not listed.

Given that the treaty was adopted in 1961, computer crimes are not listed, although they might be understood to be included in one of the forms of fraud listed in the treaty.

The US-Swedish treaty also prohibits extradition for political offences or when the death penalty is imposed.

The Swedish government declares that it will not extradite:

if there is reason to fear that the person whose extradition is requested runs a risk – on account of his or her ethnic origins, membership of a particular social group or religious or political beliefs – of being subjected to persecution threatening his or her life or freedom, or is serious in some other respect.

Do these charges attract the death penalty?

These offences could lead to a long prison sentence, but do not attract the death penalty.

Like the US-Swedish treaty, the US-UK extradition treaty also allows the UK to refuse extradition if the accused is likely to face the death penalty, unless the US gives assurances that the death penalty will not be imposed.

Could Assange be protected under the US constitution?

Civil liberties groups and journalists in the United States argue that the charges in the new indictment are unconstitutional. The First Amendment of the American Constitution guarantees freedom of expression, and American courts have historically provided strong protection for journalism.

Many argue that what Assange and Wikileaks did in obtaining information from Chelsea Manning about the detainees at Guantanamo Bay and rules of engagement in Iraq, and disseminating it, is not meaningfully different from what news outlets do on a regular basis. American officials who worked for the Obama administration say their decision not to pursue Assange was based on concerns that such a prosecution would be contrary to the First Amendment.

Assange’s legal team are likely to argue that extradition to the US would constitute a violation of Assange’s right to freedom of expression under international law. If the extradition occurs, it’s likely they would seek to have the charges thrown out by American courts as unconstitutional.

Read more: Is part of Chelsea Manning's legacy increased surveillance?

Will these new charges change the way the Australian government treats the case?

The new charges are much more serious than the computer misuse charge in the initial extradition request. The total sentence could be up to 175 years in jail – effectively a “whole of life” sentence, which some human rights advocates consider to be a form of cruel and inhumane treatment.

Australian government support for its nationals caught up in criminal proceedings overseas is largely negotiated out of the public eye. Nonetheless, there have been cases, such as the recent campaign to bring Hakeem al-Araibi back to Australia from Thailand, where the government was a public advocate.

Assange’s Australian legal adviser Greg Barns has called on Foreign Affairs Minister Marise Payne and Prime Minister Scott Morrison to raise his case personally with the US and UK governments.

Assange’s case is certainly exceptional, and the human rights concerns over US extradition could justify exceptional intervention.

Authors: Holly Cullen, Adjunct professor, University of Western Australia

Read more http://theconversation.com/new-indictments-set-up-a-confrontation-between-the-us-and-julian-assange-117741

Business News

Why Choosing the Right Bollard Supplier Matters for Australian Businesses and Public Spaces

From busy CBD streetscapes to sprawling warehouse loading docks, bollards have become one of the most essential safety and security fixtures across Australia. Whether protecting pedestrians from veh...

Daily Bulletin - avatar Daily Bulletin

Why Modular Content Is Transforming Modern Marketing Teams

Modern marketing teams are expected to produce more content than ever before. They need to support websites, landing pages, email campaigns, social channels, product pages, sales enablement material...

Daily Bulletin - avatar Daily Bulletin

Everything You Need to Know About Getting Support from Optus

Whether you've been an Optus customer for years or you've just switched over, at some point you'll probably need to contact their support team. Maybe your bill looks different from what you expected. ...

Daily Bulletin - avatar Daily Bulletin

The Marketing Strategy That’s Quietly Draining Sydney Business Owners’ Bank Accounts

Sydney businesses are investing more in digital marketing than ever before. The intention is clear. More visibility should mean more leads, more customers, and steady growth. However, many business ...

Daily Bulletin - avatar Daily Bulletin

Why Mining Hose Solutions Are Essential For High-Performance Industrial Operations

In environments where the ground itself is constantly shifting, breaking, and being reshaped, every component must be built to endure. Mining operations are among the most demanding in the industria...

Daily Bulletin - avatar Daily Bulletin

The Reason Talented Teams Underperform

If you’re in business, you might have seen it before. A team of capable and smart people just suddenly slows down, and things start spiraling out of control. On paper, everything looks perfect, but ...

Daily Bulletin - avatar Daily Bulletin

Why More Aussie Tradies Are Moving Away From Paid Ads

Across Australia, a lot of tradies are busy. There’s no shortage of demand in industries like plumbing, electrical, landscaping, and building. But being busy doesn’t always mean running a smooth or...

Daily Bulletin - avatar Daily Bulletin

Why Careers In The Defence Industry Are Growing Rapidly

The defence sector has evolved far beyond traditional roles, opening doors to a wide range of opportunities across technology, engineering, intelligence, and operations. This is where defense industry...

Daily Bulletin - avatar Daily Bulletin

Strategic partnerships to enable global acceleration for Aussie fashion brands: SHEIN Xcelerator launches

SHEIN Xcelerator is introducing a more agile, demand-led operating model, allowing brands to scale while retaining control over creative direction and identity. For fashion brands, the pressure t...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...

5 Signs Your Car Needs Immediate Attention Before It Breaks Down

Car problems rarely appear without warning. In most cases, your vehicle gives clear signals before...

Ensuring Safety and Efficiency with Professional Electrical Solutions

For businesses in Newcastle, a safe and fully functioning workplace remains a key part of day-to-d...

Choosing The Right Bin Hire Solution For Hassle-Free Waste Management

When it comes to managing waste efficiently, finding the right solution can save both time and eff...

Why Cleanliness Is Critical In Childcare Environments

Children explore the world with curiosity, often touching surfaces, sharing toys, and interacting ...

What to Look for in a Reliable Australian Engineering Partner

Choosing an engineering partner is rarely just about technical capability. Most businesses can fin...

How to Choose a Funeral Home That Supports Families with Care

Choosing a funeral home is rarely something families do under ideal circumstances. It often happen...

Why Premium Coffee Matters in Modern Hospitality Venues

In hospitality, details shape perception long before a guest consciously evaluates them.  Lightin...