On May 20, judges at London’s High Court will decide the fate of WikiLeaks founder Julian Assange. Photo / AP
The possibility of Julian Assange being extradited to the United States could be edging closer to becoming a reality.
On May 20, judges at London’s High Court will decide the WikiLeaks founders’ fate - the latest chapter in a story that has captivated and divided the world.
They could agree to rubber stamp his extradition to the US - where he is wanted on 18 charges, all bar one under the Espionage Act, over the release of thousands of classified documents in 2010.
Alternatively, he could be given further opportunities to argue his case before the United Kingdom courts or even be set free.
Former editor of The Guardian, Alan Rusbridger, worked with Assange - along with editors from The New York Times, Germany’s Der Spiegel, France’s Le Monde, and Spain’s El País - to publish military and diplomatic documents relating to the Iraq War.
Rusbridger, now editor of Prospect magazine, told The Front Page he understands why people don’t rush to support Assange.
“He was everything you’ve read about. He could be extremely focused, strategic, clear, decisive and he could be disorganised, chaotic, impossible, and everything in between.”
Reports of those who have worked closely with Assange point to a picture of a difficult man who has fallen out with almost everyone he has collaborated with.
Rusbridger himself has reflected upon his time working alongside the whistleblower, saying partnering with him was unpleasant - but, work like his is crucial.
He once wrote: “Of all of Julian Assange’s undoubted talents, maybe his greatest gift is the ability to make enemies. He trusts, likes, and respects almost no one”.
“At this stage of the game, it’s not a question of whether he’s likable or not. There are larger principles at stake,” Rusbridger told The Front Page.
The possible extradition of Assange isn’t only the latest in a series of events - being dragged yelling from the Ecuadorian Embassy after seven years of asylum is a notable one.
It raises fundamental questions about press freedom.
Rusbridger himself has posed the question of whether Assange is deserving of support or a “villain for whom few would weep tears if he spent the rest of his life in a jail cell”.
“Assange is not everybody’s idea of a conventional reporter, he’s certainly not that. But, he often behaves like a reporter and the things he did were certainly not espionage.
“It’s something that is really worrying. That somebody, who has done some really valuable service in revealing things that states would rather be hidden, should be treated as though he was a spy. I think that sets a dangerous precedent.”
Perhaps one of the most infamous leaks as a result of the document dump was a video titled Collateral Murder - which is video taken from the gunsight of a US helicopter as the helicopter’s crew killed 12 unarmed Iraqi civilians on a Baghdad street in 2007.
“It was a really painful thing to watch,” Rusbridger said.
“You can see why the American government was distressed and furious that this tape had emerged.”
With the release also came criticism of Assange’s decision to not redact parts of the documents, like names of Afghan citizens who were putting themselves at risk by helping coalition forces.
Rusbridger said they had agreed altogether what would be redacted, and what wouldn’t.
“Julian had different decisions about what he would redact and what he wouldn’t. And I think it’s up to him to defend those choices,” Rusbridger said.
The Espionage Act, which Assange is being prosecuted under, was enacted shortly after the US entered the World War I in response to a fear of spies in wartime.
“If he were taken back to America and put on trial, he wouldn’t be able to say, ‘here was my motivation, this was what I was trying to do, this was why I did it, here was the public interest’. It would be an open and shut case. And I think that feels, to me, quite deliberate,” Rusbridger said.
“You’re creating a world where people can be plucked literally from the street and sent off to another country because you’ve offended their particular ideas of what they consider to be secret.
“You can see if that was allowed to become the pattern, it would definitely start affecting the ability of investigative journalists around the world to do the job that I think most of us would hope they should do.”
“If the prosecution succeeds investigative reporting based on classified information will be given a near death blow.” - @JamesGoodale1 (NYT lawyer for Pentagon Papers) on why Julian Assange should not be extradicted. https://t.co/mnRNII9Exr
The charges Assange faces carry maximum penalties of 175 years.
American officials have sent assurances to a UK court he would not face the death penalty in the US. He’ll also be entitled to argue for free-speech protections under the First Amendment.
But, counsel to Assange and WikiLeaks, Doughty Street Chamber barrister Jennifer Robinson, told the ABC it’s unclear whether this applies to foreign citizens.
“It’s no assurance at all. And no comfort should be given to those who are concerned about free speech protections and about the precedent that is being set with this case,” she said.
Assange is Australian – and as such, the Albanese government has asked the US to close the case against the WikiLeaks founder and allow him to return to Australia.
His wife, Stella Assange, spoke to media last week ahead of the London hearing.
“Julian misses Australia and we’re very keen to travel to Australia with the kids and for him to show his home country to our children,” she said.
Listen to the full episode to hear more about how Assange’s extradition could affect press freedom and how the world is grappling with distrust in media.
The Front Page is a daily news podcast from the NZ Herald, available to listen to every weekday from 5am. The podcast is presented by Chelsea Daniels, an Auckland-based journalist with a background in world news and crime/justice reporting who joined NZME in 2016.