Locking Assange in Solitary

Today was the worst day for the defense since the start of the trial, as their expert witnesses failed to cope with the sheer aggression of cross-examination by the US Government and found themselves backing away from maintaining propositions they knew to be true. It was uncomfortable viewing.

It was not that the prosecution had in any way changed their very systematic techniques of denigrating and browbeating; in fact the precise prosecution template was once again followed. It goes like this.

  1. undermine academic credentials as not precisely relevant
  2. humiliate by repeated memory test questions of precise phrasing of obscure regulations or definitions
  3. denigrate relevance of practical experience
  4. iterate official positions and challenge witness to say they are expressed by named officials in bad faith
  5. humiliate by asking witness to repeat from memory regulations for expert testimony in UK courts
  6. run though a list of qualifications and government positions relevant to the subject and make witness say one by one they have not held them
  7. claim testimony is biased or worthless because it does not include government assertions at full length.

You will note that none of this has anything to do with the truth of the actual evidence, and to date almost all witnesses have easily, sometimes contemptuously, seen off this intellectually shallow method of attack. But today was another story. The irony was that, when it came to the real subject matter of the evidence, it was obvious to any reasonable person that the prosecution claims of the good conditions in the American Prison service for high profile national security prisoners are just nonsense. But it was a day when the divorce between truth and court process was still plainer than usual. Given the horrific reality this process was disguising, it was a hard day to sit through.

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Assange Extradition: Important Witness for the Defense Explains Manning’s Hacks

It is hard to believe, but Judge Baraitser on Friday ruled that there will be no closing speeches in the Assange extradition hearing. She accepted the proposal initially put forward by counsel for the US government, that closing arguments should simply be submitted in writing and without an oral hearing. This was accepted by the defense, as they need time to address the new superseding indictment in the closing arguments, and Baraitser was not willing for oral argument to take place later than 8 October. By agreeing to written arguments only, the defense gained a further three weeks to put together the closing of their case.

But this entire hearing has been conducted in effective secrecy, a comprehensive secrecy that gives sharp insight into the politico-economic structures of current western society. Physical access to the courtroom has been extremely limited, with the public gallery cut to five people. Video link access has similarly been extremely limited, with 40 NGOs having their access cut by the judge from day 1 at the Old Bailey, including Amnesty International, PEN, Reporters without Borders and observers from the European Parliament, among many others. The state and corporate media have virtually blacked out this hearing, with a truly worrying unanimity, and despite the implications of the case for media freedom. Finally, the corporations that act as internet gatekeepers have heavily suppressed social media posts about Assange, and traffic to those few websites which are reporting.

I am reminded of the words of another friend of mine, Harold Pinter, in accepting the Nobel Prize for Literature. It seems perfectly to fit the trial of Julian Assange:

It never happened. Nothing ever happened. Even while it was happening it wasn’t happening. It didn’t matter. It was of no interest. The crimes of the United States have been systematic, constant, vicious, remorseless, but very few people have actually talked about them. You have to hand it to America. It has exercised a quite clinical manipulation of power worldwide while masquerading as a force for universal good. It’s a brilliant, even witty, highly successful act of hypnosis.

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UK Government Caught Lying Twice at Assange Extradition

During the hearing of medical evidence the last three days, the British government has been caught twice directly telling important lies about events in Belmarsh prison, each lie proven by documentary evidence. The common factor has been the medical records kept by Dr. Daly, head of the jail’s medical services. There has also been, to put it at its very lightest, one apparent misrepresentation by Dr. Daly. Personally, I am wary of the kind of person who impresses Ross Kemp.

Here is a still of Dr. Daly from Ross Kemp’s documentary on Belmarsh prison.

This is Mr. Kemp’s description of the medical wing at Belmarsh: “Security is on another level here with six times more staff per inmate than the rest of the jail.”

While in the medical wing or “healthcare”, Julian Assange was in effect in solitary confinement, and three psychiatrists and a physician with extensive experience of treating trauma have all testified in court that Assange’s mental and physical condition deteriorated while he was in “healthcare” for several months. They also said he improved after he left “healthcare”. That says something profound about the “healthcare” being provided. The same doctors testified that Assange has a poor relationship with Dr. Daly and will not confide his symptoms or feelings to her, and this has also been asserted by defense council.

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Assange Extradition: Prosecutor Attempts To Minimize Horrors of US Prisons

On Wednesday the trap sprang shut, as Judge Baraitser insisted the witnesses must finish next week, and that no time would be permitted for preparation of closing arguments, which must be heard the immediate following Monday. This brought the closest the defense have come to a protest, with the defense pointing out they have still not addressed the new superseding indictment, and that the judge refused their request for an adjournment before witness hearings started, to give them time to do so.

Edward Fitzgerald QC for the defense also pointed out that there had been numerous witnesses whose evidence had to be taken into account, and the written closing submissions had to be physically prepared with reference to the transcripts and other supporting evidence from the trial. Baraitser countered that the defense had given her 200 pages of opening argument and she did not see that much more could be needed. Fitzgerald, who is an old fashioned gentleman in the very nicest sense of those words, struggled to express his puzzlement that all of the evidence since opening arguments could be dismissed as unnecessary and of no effect.

I fear that all over London a very hard rain is now falling on those who for a lifetime have worked within institutions of liberal democracy that at least broadly and usually used to operate within the governance of their own professed principles. It has been clear to me from Day 1 that I am watching a charade unfold. It is not in the least a shock to me that Baraitser does not think anything beyond the written opening arguments has any effect. I have again and again reported to you that, where rulings have to be made, she has brought them into court pre-written, before hearing the arguments before her.

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Psychologist Explains Julian Assange’s Dire Mental Health Condition

When Daniel Ellsberg released the Pentagon Papers, the US Government burgled the office of his psychiatrist to look for medical evidence to discredit him. Julian Assange has been obliged to submit himself, while in a mentally and physically weakened state and in conditions of the harshest incarceration, to examination by psychiatrists appointed by the US government. He has found the experience intrusive and traumatizing. It is a burglary of the mind.

Julian is profoundly worried that his medical history will be used to discredit him and all that he has worked for, to paint the achievements of WikiLeaks in promoting open government and citizen knowledge as the fantasy of a deranged mind. I have no doubt this will be tried, but fortunately there has been a real change in public understanding and acknowledgment of mental illness. I do not think Julian’s periodic and infrequent episodes of very serious depression will be successfully portrayed in a bad light, despite the incredibly crass and insensitive attitude displayed today in court by the US Government, who have apparently been bypassed by the change in attitudes of the last few decades.

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Assange Extradition: Judge Pushes To Expedite Witness Testimony

Monday was a frustrating day as the Assange Hearing drifted deep into a fantasy land where nobody knows or is allowed to say that people were tortured in Guantanamo Bay and under extraordinary rendition. The willingness of Judge Baraitser to accept American red lines on what witnesses can and cannot say has combined with a joint and openly stated desire by both judge and prosecution to close this case down quickly by limiting the number of witnesses, the length of their evidence, and the time allowed for closing arguments. For the first time, I am openly critical of the defense legal team who seem to be missing the moment to stop being railroaded and say no, this is wrong, forcing Baraitser to make rulings against them. Instead most of the day was lost to negotiations between prosecution and defense as to what defense evidence could be edited out or omitted.

More of which later.

PROFESSOR CHRISTIAN GROTHOFF

The first witness was Professor Christian Grothoff, a computer scientist based at the University of Berne Institute of Applied Sciences. Prof. Grothoff had prepared an analysis of how and when the unredacted cables first came to be released on the Internet

Prof. Grothoff was taken through his evidence in chief by Marks Summers QC for the defense. Prof. Grothoff testified that WikiLeaks had shared the cable cache with David Leigh of the Guardian. This had been done in encrypted form. It had a very strong encryption key; without the long, strong password there would be no way to access it. It was useless without the key. In reply to questions from Summers, Prof. Grothoff confirmed that it was standard practice for information to be shared by an online cache with strong encryption. It was standard practice, and not in any way irresponsible. Banking or medical records might be securely communicated in this way. Once the file is encrypted, it cannot be read without the key, and nor can the key be changed. New copies can of course be made from the unencrypted original with different keys.

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