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ASSANGE EXTRADITION APPEAL HEARING: DAY 1
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This is day one of the trial, in which the US Government will present its appeal against the extradition denial ruled on in January.
Day two will be the defense rebuttal.
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This thread will be updated in real time as the case progresses through the day.
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A SERCO van has pulled up outside the court, likely holding Assange as we await the beginning of the hearing.
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A growing number of protesters are shouting "Free Julian Assange" and other slogans from outside the courthouse itself.
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Someone with a megaphone is speaking to the crowd, discussing case details around the now exposed and incarcerated FBI informant "Siggy The hacker" and the CIA plot to murder Julian.
*Crowd resumes chanting "Free Julian Assange".
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We are about an hour out from the start of the hearing itself.
A growing crowd has begun yelling "Free Julian Assange" again.
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Reporters Without Borders and Amnesty International representatives are now inside the main building, just outside the courtroom. There seems to be an issue with reporters/observers wanting into the courtroom itself at the moment.
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Julian Assange's father, John Shipton, has just entered the court.
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Stella Morris, Julian Assange's fiancée has just arrived at the court; alongside other members of Julian's team.
They will make a statement momentarily on a stage set up nearby.
*current editor of Wikileaks takes stage: states that Julian Assange has been barred from appearing in person from this hearing. He will be forced to appear by video link.
Goes on to discuss the US false assurances surrounding their extradition efforts.
Stella Morris takes stage next.
Says Julian was not allowed to appear today, they hope he will be allowed tomorrow.
Says this is about extraditing a journalist to the country that conspired to kill him. She expresses serious concern for Julian's health, says he is very thin. Begs that "wise heads prevail."
Morris Statement: "We are very concerned he is not here to be able to give instructions to his lawyers, ask for clarification for going-ons in court. And today will be about the US distorting the suffering it has inflicted on Julian".
..."It is abusing extradition treaty, this must be ended". (Statements paraphrased in part in real time)
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Per Reporters Without Borders: "We have been forced into a scrum outside the public gallery door, and have been told only 8 people will get in, one member of public is acting aggressively toward reporters/observers and refusing to respect queue. Court should not put us in this situation"
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Court audio/video link is now live to reporters.
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Crowd outside the Court is growing quite large. Dozens of people now.
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We are a little less than a half hour out from the start of the proceedings.
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The US will argue today about "assurances" they offer meant to put the UK courts at ease. They will claim there is no reason not to accept their claims at face value.
Not only do they stipulate that their assurances not to effectively torture Julian are conditional and can be changed at a later date, but they will conveniently forget and censor from reality cases like Abu Hamza, a prisoner with no hands, whom they made the exact same promises over, and the summarily broke those promises. Doing things like refusing to turn a shower on for him, or help him brush his teeth. Leading to dental disease and other health issues.
He remains, in an supermax facility to this day, under SAMS, despite the US "assurances".
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There are some 46 journalists covering the case by audio/video link, mostly independent.
Two Reporters Without Borders observers are officially in the courtroom after a lot of difficulty.
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The fact that Julian has been barred from attending this proceeding in person, a case that will decide his very freedom and life; is in and of itself an egregious breach of justice.
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Julian Assange has asked to be excused from appearing on the video link. There seems to be some debate by his defense about the nature of him being disallowed to appear in person.
We are waiting for the court to clarify what is going on.
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Judges have enetered the court.
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Apparently Julian has been heavily medicated on a new medication, according to defense, and cannot attend by video link as he is not feeling well enough today.
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Audio/video feed for reporters is absolutely awful.
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Court has begun. It will go until 4pm (BST) with a half hour for the defense from 4-4:30.
Tomorrow will be the opposite.
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US opens arguments saying they contend that the extradition denial was wrong. That the district judge ruled in error.
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Prosecution, as expected, is going over the US Gov's false assurances.
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US Gov is attempting to argue in favor of "remitting" the case and restart the entire process of trying it.
Indefinitely attempting to keep Assange imprisoned based on technicality that would send it back to district courts.
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US Governments argues that had the district judge heard their "assurances" she would have extradited Julian to begin with.
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So far the US Government's argument is about what was expected. Hammering home their "assurances" and completely censoring the reality of the case out of their argument.
A reminder that this day belongs to the prosecution almost entirely, but for a single half hour, and that tomorrow is dedicated to Assange's defense.
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Prosecution is quoting US Attorney Kromberg's "assurances" again as fact (although they clearly stipulate that they can be changed at will at any time the US gov would choose to, rendering them effectively moot)
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Posted below this thread is a copy of the US Gov's false assurances.*
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Prosecution is arguing that the extradition denial over mental health reasons is void because of their "assurances".
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US government says its prison conditions do not violate the European Convention on Human Rights. And that the risk of inhumane treatment is being conflated by defense.
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The US governmemt is attempting sleight of hand here.
Julians defense argued against prison conditions under extradition laws, not under article three.
So it is a false argunent meant to appear related to the defense without actually being what was argued or ruled on (defense will likely address this later)
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Prosecution has begun a strange road of touting the mental health access for prisoners in hyper-restrictive settings like ADX and SAMs.
**This goes against a great many studies and evidence around mental health within the US prison system. Honesty, does not seem to be on their menu today
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Prosecution is arguing that the mental health expert's opinions on assange, relied on his being confined to ADX or SAMs (Prosecution is attempting to build a false argument based on their false assurances)
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A brief glimpse of Julian attending via video link now was seen, he looks very ill indeed. He is coughing and seems to be in pain, but attempting to attend.
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The US entire argument so far seems to be predicated on the absolute acceptance of their false assurances at face value.
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US is basically stating that the district judge erred in accepting the expert testimony and belief that SAMS would be imposed on Assange, and ruled based off of that assumption, but that somehow the US Gov's false assurances, which were not submitted at the time; mean Assanges mental health is no longer an issue, and so he would not commit suicide and should be extradited anyways.
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Judge confirms Julian will now attend by video link (Julian looks awful, clearly very ill)
This is the third part of the Day one thread in which the prosecution will make their argument.
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US government (prosecution) is still involved in manufacturing circular logic.
Everything they are arguing is based off of their false assurances that Assange will not be placed in ADX or under SAMS (although as provided statements show, they are clearly stipulating the right to at any time they so choose)
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Prosecution argues again that " if we remove SAMS and ADX" district judge would have extradited (this is inherently untrue, and their assurances false anyways, but prosecution has the floor for several more hours to drive these lies home and build a false argument still)
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Prosecution says it is "essential" in extradition law to trust the US Gov's assurances.
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Hundreds of people are now gathered outside the courthouse protesting. The crowd is becoming quite massive.
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It is important to note* that the majority of prisoners held in oppressive conditions, are never specifically labeled under SAMS or ADX, that these conditions exist regularly all the time, and that the prosecution's current argument relies on ignorance of this fact.
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Prosecution is now arguing that solitary confinement is not in violation of the European Court on Human Rights Article 3. ( this is a repeat of their eaelier argument, they are attempting to reinforce their strawman)
**Again important to note, extended solitary confinement certainly does violate this.
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Prosecution arguing that solitary isn't repressive, because inmates can still shout to each other through cell bars.
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Prosecution now claiming that Assange's right to meet with his lawyers means he wouldn't be held in "total solitary" in pre-trial proceedings.
(Prosecution seems to have lost their minds somewhere along the way.)
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Prosecution argues that US has not specifically broken assurances to the UK (strawman again, country specific mention, and the assurances have giant built-in loopholes)
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Most of the prosecutions argument has already been widely refuted by legal scholars and authorities both foreign and domestic. They are repeating old, disproven statements.
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Prosecution has begun to attack examples of past legal assurances they breached, and is trying to explain them away.
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Prosecution admits "assurances" around ADX and SAMS are "conditional" says they cannot give Assange a blank cheque there.
(Because they intend to torture him obviously)
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Prosecution turns to Hamza case, and says it didnt violate assurances because US only said it was "Highly unlikely" the handless and eyeless offendor would be placed in ADX, but didnt actually specify he wouldnt.
(An oddly counterproductive argument to make when they are pushing "conditional assurances" with Assange.)
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Prosecution says "assurances" were only issued to reassure the court, but that they believed SAMS etc were "highly unlikely" to be used on Assange (which is eerily the exact language used by the US in the just discussed Hamza case where they broke those thin assurances).
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Prosecution is now arguing, based off of a single case example, that SAMS and ADX do not necessarily mean restrictive conditions. And therefore are not restrictive or dangerous to Assange's health, period.
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The prosecutions argument continues in a manufactured circle.
Because there is no risk of ADX or SAMS (false) there is no risk of suicide (false) and therefore there is no risk of suicide violating article 3 to prevent extradition (also false).
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It seems this is the only argument they have to make here. Repeatedly.
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Prosecution now pitches improbable scenario cases of first amendment challenges that Assange might raise post-extradition.
(Again, prosecution continues to exist in some sort of alternate reality)
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Julian has left the proceeding for a moment.
ASSANGE EXTRADITION APPEAL HEARING DAY 1
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This is the fourth part of the Day one thread in which the prosecution will make their argument.
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Assange has left the proceeding (via video link) after conversing with a guard beside him.
He seems very sick today and incredibly thin.
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Prosecution is now bringing up cases of suicidal inmates who failed to kill themselves in custody, and attempting to use this to bolster their argument.
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Again, nearly all of the prosecutions argument today relies on already debunked statements they used earlier.
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Prosecution is now literally arguing that Assange wasnt "suicide-y enough" to prevent extradition.
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Prosecution is continuing to argue the suicide angle, discussing lauri love case, in which an autistic hacker related to the Anonymous collective was tried on similar charges to Assange and was denied extradition based on mental health reasons.
Prosecution is attempting to draw distinction between Assange and Lauri by virtue of Lauri's other conditions, eczema and asthma... both persons are on the autism scale.
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Prosecution continues on the suicide angle saying that the US has a lower suicide rate than the UK prisons (which implies again, that Assange should be imprisoned at all)
Note* This is retread ground, expect defense to address this later.
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Prosecution claims that by refusing to extradite Assange over his suicidal potential, the UK might not ever be able to extradite suicidal people again. Or that people claiming suicidal ideation might become a catch all to being extradited.
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Court is on an hour recess for lunch. Back at 2pm (BST). (9am EST)
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Court is slowly resuming.
Raderar...
