WikiLeaks’ Julian Assange Avoids Extradition for Now, Wins Right to Petition UK Supreme Court

Posted on the 06 December 2011 by Periscope @periscopepost

Rally to Free Julian Assange takes place in Melbourne, Australia, December 14, 2010. Photo credit: Takver


Julian Assange, founder of whistleblowing website WikiLeaks, has won the right to petition the UK Supreme Court in his fight against extradition to Sweden. Assange lost his High Court battle last month to be extradited over alleged sex offences. But Monday’s ruling by British judges means he can now directly ask the Supreme Court to look at his case. Although he still has no automatic right to be heard by the highest court in the UK, his supporters have warmly welcomed the decision.

The BBC reported that Assange was cheered by supporters as he left London’s Royal Courts of Justice. Speaking of his case, he said: “I think that is the correct decision, and I am thankful. The long struggle for justice for me and others continues.” The Australian faces extradition over accusations he raped a woman and sexually molested another in Stockholm in August last year. He denies the allegations and claims his arrest was politically motivated and linked to the activities of WikiLeaks.

Assange’s legal team insisted that the highest court should consider whether his extradition would be unlawful because the request was made by a “partisan prosecutor working for the executive” and whether he could be defined as “the accused” even though no decision has been taken to prosecute him. The BBC noted that Sir John Thomas, one of the two judges, told Assange’s lawyer that the court’s view was that it had “very little doubt that, as a matter of law, the prosecutor was within the scheme” for issuing warrants, and Assange’s chances of success in the Supreme Court were “extraordinarily slim.” Even so, buzz about a possible comeback for Assange and WikiLeaks is hotting up.

Supreme Court: Last chance saloon for Assange? The New York Times, which, alongside other newspapers published classified State Department diplomatic cables obtained by WikiLeaks, said Assange had “fought the warrants at every turn” and has dodged extradition “on a single legal technicality” relating to the status of the Swedish public prosecutor seeking his extradition. But the newspaper suggested that he might be running out of legal road. It noted that Assange’s lawyers were reported to have been considering a last-minute appeal to a European court if the judges refused them permission to approach the Supreme Court. “But, court officials said, the European court would likely be unable to prevent Mr. Assange’s extradition if the Supreme Court rules against him.”

WikiLeaks not dead yet. At This Just In, CNN”s news blog, Ashley Fantz suggested Assange and WikiLeaks could be bouncing back from the canvas. “Perhaps reports of WikiLeaks’ demise have been greatly exaggerated”, suggested Fantz, “Last week’s new release, which WikiLeaks is calling “The Spy Files,” could mean that the site is far from doomed.” The Spy Files are comprised on 287 documents about the global surveillance and arms industry. Fantz noted that The Washington Post and other outlets are calling The Spy Files a comeback for the site, which has been dogged by financial problems.

U.S. Rep. Peter King, R-New York, has said that Assange should be prosecuted for espionage. He also has said that the U.S. should classify WikiLeaks as a terrorist group so that “we can freeze their assets.” King has called Assange an enemy combatant.

Assange has a little more hope and lot more shaggier hair. Gawker said the judges decision is only “sort of” a legal win for “Wikileaking lothario” Assange. The snarky site reminded that the ruling doesn’t mean that the Supreme Court will automatically consider Assange’s extradition appeal, “but that the court might do so. Now his lawyers have two weeks to file the petition. If the court ignores it, then Assange will “have exhausted all legal avenues in Britain,” his lawyer told the BBC. And then he will be “screwed,” in legal parlance.” Gawker added that “all this courtroom drama seems to have excited Assange’s hair follicles, as his hairdo continues to get shaggier.”