Some preliminary thoughts on #Assange ruling (which I will now have to read) (1/13)
Baraitser has taken the path of least resistance and followed the prosecution line to the letter. (2) #Assange
This isn't all that surprising in the context of a first instance extradition decision. There is a strong presumption that the requesting state is behaving reasonably. (3) #Assange
I wouldn't have expected arguments about the political nature of the US prosecution to pass muster at this level in any event. (4) #Assange
Likewise arguments about the compatibility of the domestic Extradition Act with the UK-US treaty. That's Supreme Court stuff. (5) #Assange
Statements in this ruling about what does and does not constitute valid journalistic behaviour should be examined closely. And critically. (6) #Assange
Likewise, statements about the likely status of Julian #Assange under the Official Secrets Act should take account of current thinking about status of the OSA under Article 10. (7)
(Somewhat ironically, the Law Commission's report recommending a public interest defence to the OSA was published just before the JA evidential hearings in September). (8) #Assange
DJ Baraitser's explicit reference to allegations in the second superseding indictment is probably helpful to JA. (9) #Assange
Shockingly, there has been no scope for substantive argument on these issues *at all* in these proceedings. Hopefully it will now be possible to make submissions, submit new evidence on appeal. (10) #Assange
Speaking of which - I would be very concerned if the appeal were scheduled without adequate time to prepare. Anything before the 2nd half of 2021 would worry me greatly. (11) #Assange
Those of us familiar with Espionage Act prosecutions in the United States may feel that DJ Baraitser's hope that #Assange's constitutional rights will be protected is wishful thinking. (12)
On the plus side - and it's a BIG plus - Baraitser appears to have accepted the defence medical case at its strongest. JA is severely depressed and has an autism diagnosis. This means a Lauri Love style win on appeal is very possible. #Assange (13)
(this is in fact, pretty much how Lauri's first instance ruling went too).
(Obviously I wrote this thread before hearing he’d won!)
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