Julian Assange of WikiLeaks was given a chance on Tuesday to continue his fight against extradition to the United States after the High Court in London required more assurances from the U.S. prosecutors. They are seeking to put Assange on trial for 18 counts, mostly under the Espionage Act, related to WikiLeaks’ release of confidential U.S. military records and diplomatic cables. Assange’s lawyers argued in February that his prosecution was politically motivated and sought permission to challenge Britain’s approval of his extradition.
Two senior judges ruled that Assange had a real chance of successfully appealing against extradition on several grounds. The U.S. authorities have been given the opportunity to provide satisfactory assurances regarding his ability to rely on the First Amendment of the U.S. Constitution and whether he could face the death penalty. If these assurances are not provided, Assange will be granted permission to appeal, with a further hearing scheduled for May 20.
Judges Victoria Sharp and Jeremy Johnson stated that if the U.S. fails to provide assurances, Assange will be granted leave to appeal based on breach of freedom of expression and the potential for the death penalty. They emphasized that if assurances are not given, the court will grant leave to appeal without the need for another hearing.
In June 2022, Britain’s home secretary approved Assange’s extradition, and a judge at London’s High Court rejected his request for an appeal last year. Supporters fear that if extradited, Assange could face a lengthy prison sentence in a U.S. high-security jail. The U.S. argues that Assange’s actions endangered the lives of their agents and insists that his criminality has no excuse.
Years at embassy, then detention
Assange’s supporters view him as a hero who exposed U.S. wrongdoing and alleged war crimes, despite being a journalist. The U.S. contends that Assange indiscriminately published sources’ names and was charged for that, not his political opinions.
Assange founded WikiLeaks in 2006, gaining prominence in 2010 with the release of classified U.S. military documents and diplomatic cables. The leaks, including videos and files related to conflicts in Iraq and Afghanistan, were the largest security breaches in U.S. military history. Chelsea Manning, a former Army intelligence analyst, served time for leaking documents to WikiLeaks before his sentence was commuted in 2017.
Assange’s legal troubles began in 2010 when he was arrested in the UK on sexual assault charges. He sought asylum in the Ecuadorian embassy in 2012 and remained there for nearly seven years until his asylum was revoked in 2019. The U.S. formally requested his extradition in 2019 on charges related to hacking and espionage.
After a British judge ruled against his extradition in 2021 citing mental health concerns, the U.S. won an appeal in 2021. During his time in the embassy, Assange had children with his partner Stella Moris, whom he married in 2022.
