A major witness in the United States’ Department of Justice case against Julian Assange has admitted to fabricating key accusations in the indictment against the Wikileaks founder.
Bjartmar Oddur Þeyr Alexandersson / Gunnar Hrafn Jónsson
Part 7 - The New York Times Problem
In the month following Assange's arrest in the Ecuadorian Embassy in London on April 11th 2019 a new rogatory letter arrived in the Ministry of Justice in Iceland. This time the request was to take a formal statement from Thordarson in Iceland in the presence of his lawyer. The Ministry had a new political head at the time, who had limited knowledge of the prior history of the case.
Although the Department of Justice had spent extreme resources attempting to build a case against Julian Assange during the Obama presidency, they had decided against indicting Assange. The main concern was what was called “The New York Times Problem”, namely that there was such a difficulty in distinguishing between WikiLeaks publications and NYT publications of the same material that going after one party would pose grave First Amendment concerns.
Although the Department of Justice had spent extreme resources attempting to build a case against Julian Assange during the Obama presidency, they had decided against indicting Assange. The main concern was what was called “The New York Times Problem”, namely that there was such a difficulty in distinguishing between WikiLeaks publications and NYT publications of the same material that going after one party would pose grave First Amendment concerns.
President Donald Trump's appointed Attorney general William Barr did not share these concerns, and neither did his Trump-appointed deputy Kellen S. Dwyer. Barr, who faced severe criticism for politicizing the DoJ on behalf of the president, got the ball rolling on the Assange case once again. Their argument was that if they could prove he was a criminal rather than a journalist the charges would stick, and that was where Thordarson’s testimony would be key.
In May 2019 Thordarson was offered an immunity deal, signed by Dwyer, that granted him immunity from prosecution based on any information on wrong doing they had on him. The deal, seen in writing by Stundin, also guarantees that the DoJ would not share any such information to other prosecutorial or law enforcement agencies. That would include Icelandic ones, meaning that the Americans will not share information on crimes he might have committed threatening Icelandic security interests – and the Americans apparently had plenty of those but had over the years failed to share them with their Icelandic counterparts.
In May 2019 Thordarson was offered an immunity deal, signed by Dwyer, that granted him immunity from prosecution based on any information on wrong doing they had on him. The deal, seen in writing by Stundin, also guarantees that the DoJ would not share any such information to other prosecutorial or law enforcement agencies. That would include Icelandic ones, meaning that the Americans will not share information on crimes he might have committed threatening Icelandic security interests – and the Americans apparently had plenty of those but had over the years failed to share them with their Icelandic counterparts.
In any event, Assange has never been suspected of any wrongdoing in Iceland. Stundin has seen confirmation of this from the District Prosecutor in Iceland, the Reykjavik Metropolitan Police. Assange has no entry in the LÖKE database of any police activity linked to an individual collected by the Icelandic State Police Commissioner from 2009-2021.
Assange's lawyer also inquired in the Icelandic Foreign Ministry if the points in his updated indictment where Iceland is referred to as NATO country 1 meant that his case had any relevance to Icelandic membership to NATO, the bilateral defense agreement between USA and Iceland or any national security interests. All such connections were dismissed in a reply from the defense attache at the Ministry.
Assange's lawyer also inquired in the Icelandic Foreign Ministry if the points in his updated indictment where Iceland is referred to as NATO country 1 meant that his case had any relevance to Icelandic membership to NATO, the bilateral defense agreement between USA and Iceland or any national security interests. All such connections were dismissed in a reply from the defense attache at the Ministry.
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