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IN the WESTMINSTER MAGISTRATES' COURT B E T W E E N: GOVERNMENT of the UNITED STATES of AMERICA Requesting State V JULIAN ASSA

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IN the WESTMINSTER MAGISTRATES' COURT B E T W E E N: GOVERNMENT of the UNITED STATES of AMERICA Requesting State V JULIAN ASSA IN THE WESTMINSTER MAGISTRATES’ COURT B E T W E E N: GOVERNMENT OF THE UNITED STATES OF AMERICA Requesting State v JULIAN ASSANGE Defendant ____________________________________________________________ DEFENCE CLOSING SUBMISSIONS ** All references are to the Defence Core Bundle unless otherwise stated ____________________________________________________________ Index PART A ............................................................................................................................................................... 5 1. Introduction ............................................................................................................................................. 5 2. JULIAN ASSANGE’S CONDUCT AND HIS POLITICAL OPINIONS ................................................... 12 The earlier history of WikiLeaks ................................................................................................................ 13 Julian Assange’s political opinions ........................................................................................................... 16 Actions of Julian Assange ......................................................................................................................... 21 THE POLITICALLY MOTIVATED PROSECUTION – SECTIONS 3 – 6 ......................................................... 26 3. Prelude to the present politically motivated prosecution: the earlier decision not to prosecute and the fact of non-prosecution for seven years under the Obama administration........................................... 26 The original conduct .................................................................................................................................. 26 Chelsea Manning’s Court Martial .............................................................................................................. 27 Decision not to prosecute Julian Assange in 2013 ................................................................................... 28 4. Prosecution under the Trump Administration ....................................................................................... 32 The political agenda of the Trump administration ..................................................................................... 32 Julian Assange targeted to make an example of him ............................................................................... 36 The government’s public attacks on Julian Assange in April 2017........................................................... 37 The Criminal Complaint in December 2017 .............................................................................................. 40 Surveillance in and subsequent expulsion from the Embassy of Ecuador ............................................... 41 Superseding indictment ............................................................................................................................ 44 Unprecedented ......................................................................................................................................... 45 The Swedish investigation and the timing of the superseding indictment ................................................ 47 The escalation of the case in the first superseding indictment in May 2019 ............................................ 47 The second superseding indictment in June 2020 ................................................................................... 48 5. Accompanying abuses of the rule of law .............................................................................................. 49 Invasion of legal professional privilege ..................................................................................................... 49 Pressuring Ecuador to expel Julian Assange ........................................................................................... 49 Further breach of legal privilege ............................................................................................................... 50 1 The proposed pardon deal ........................................................................................................................ 51 6. Abuse by reason of fact that offences are political in nature and extradition for them is therefore barred under the Anglo-US Extradition Treaty ..................................................................................... 53 Article 4(1) applies because espionage is a pure political offence ........................................................... 55 The prosecution’s reply that pure political offences are not covered by the Treaty ................................. 56 In any event, a ‘relative’ political offence .................................................................................................. 56 Prosecution’s claim that conduct does not qualify as a ‘relative’ political offence .................................... 57 7. Abuse of process by reason of bad faith and abuse of power ............................................................. 58 8. Prosecution for political opinions and section 81(a) ............................................................................. 60 The test under Section 81(a) .................................................................................................................... 62 The legal test for ‘political opinions’ .......................................................................................................... 62 The prosecution reply that these are ordinary crimes .............................................................................. 64 Conclusion on Section 81(a) ..................................................................................................................... 66 9. Prejudice in his treatment at trial, sentencing and subsequent detention by reason of political opinions and his status as a foreigner ................................................................................................................ 66 PART B ............................................................................................................................................................. 69 10. Article 7 ECHR ...................................................................................................................................... 69 Application of Article 7 in the extradition context ...................................................................................... 69 Extradition of Mr Assange would involve a real risk of a (flagrant) violation of Article 7 .......................... 70 Article 7 ECHR and accessibility............................................................................................................... 71 Article 7 ECHR and foreseeability............................................................................................................. 76 Foreseeability: Prosecution of Leakers was selective and factually unpredictable .................................. 76 Foreseeability: Prosecution of Journalists was legally unprecedented and unforeseeable ..................... 78 11. Article 10 ECHR (and dual criminality) ................................................................................................. 88 The conduct which the US seeks to criminalise is investigative journalism ............................................. 90 Complicit in the whisteblower’s crime ....................................................................................................... 92 The passcode hash ................................................................................................................................. 103 Unredacted names .................................................................................................................................. 107 First Amendment and foreigners............................................................................................................. 112 12. Zakrzewski abuse ............................................................................................................................... 113 The first Zakrzewski abuse; The ‘draft most wanted list’ ........................................................................ 115 The second Zakrzewski abuse: the ‘passcode hash’ allegation ............................................................. 124 The third Zakrzewski abuse: The alleged recklessness as to sources .................................................. 134 13. Dual criminality: Disclosing / preventing criminality and gross human rights violations ..................... 155 The cables (counts 1, 3, 7, 10, 13, 17) ................................................................................................... 155 The Rules of Engagement (counts 1, 4, 8, 11, 14) ................................................................................. 158 The Guantánamo Detainee Assessment Briefs (counts 1, 6, 9, 12, 18) ................................................ 161 The Iraq and Afghan War diaries (counts 1, 15, 16) ............................................................................... 163 These matters would render Mr Assange’s actions lawful as a matter of UK law .................................. 167 14. Section 81(a): Disclosing criminality ................................................................................................... 175 Opposing state criminality is a political act/opinion at law under s.81(a) ..............................................
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