by Jonathan Cook
Part 4 - Journalism as espionage
Significantly, Judge Baraitser backed all the Trump administration’s main legal arguments for extradition, even though they were comprehensively demolished by Assange’s lawyers.
Baraitser accepted the US government’s dangerous new definition of investigative journalism as “espionage”, and implied that Assange had also broken Britain’s draconian Official Secrets Act in exposing government war crimes.
She agreed that the 2007 Extradition Treaty applies in Assange’s case, ignoring the treaty’s actual words that exempt political cases like his. She thereby opened the door for other journalists to be seized in their home countries and renditioned to the US.
Baraitser accepted that protecting sources in the digital age – as Assange did for whistleblower Chelsea Manning, an essential obligation on journalists in a free society – now amounts to criminal “hacking”. She trashed free speech and press freedom rights, saying they did not provide “unfettered discretion by Mr Assange to decide what he’s going to publish”.
She appeared to approve of the ample evidence showing that the US spied on Assange inside the Ecuadorian embassy, both in violation of international law and his client-lawyer privilege – a breach of his most fundamental legal rights that alone should have halted proceedings.
Baraitser argued that Assange would receive a fair trial in the US, even though it was almost certain to take place in the eastern district of Virginia, where the major US security and intelligence services are headquartered. Any jury there would be dominated by US security personnel and their families, who would have no sympathy for Assange.
So as we celebrate this ruling for Assange, we must also loudly denounce it as an attack on press freedom, as an attack on our hard-won collective freedoms, and as an attack on our efforts to hold the US and UK establishments accountable for riding roughshod over the values, principles and laws they themselves profess to uphold.
Even as we are offered with one hand a small prize in Assange’s current legal victory, the establishment’s other hand seizes much more from us.
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