Assange Granted Right to Challenge US Extradition
The High Court has ruled that Wikileaks founder Julian Assange can bring a new appeal against his extradition to the US.
Assange was granted permission to appeal the order for his extradition to face trial for leaking military secrets. This decision allows him to challenge US assurances regarding the conduct of his trial and the potential infringement of his free speech rights.
Following the ruling, the 52-year-old’s lawyers celebrated in court. They contend that the case against him, which involves the release of highly classified documents about alleged US war crimes nearly 15 years ago, is politically motivated. The US maintains that the Wikileaks files, which revealed information about the Iraq and Afghanistan wars, put lives at risk.
On Monday morning, two senior judges granted Assange permission to appeal an earlier order permitting his extradition. They determined he must be allowed a full appeal in the UK. Assange has been fighting extradition from the UK for over a decade since Wikileaks published the confidential US documents in 2010 and 2011.
Mr Assange, who is currently in Belmarsh Prison, will now have a number of months to prepare his appeal, which will concern whether or not the US courts will protect his right to free speech as an Australian citizen.
Hundreds of people had gathered outside the court ahead of the ruling, and supporters of Mr Assange cheered as news of the decision filtered through.
It means he will remain in the UK for now.
Had the court ruled in the US's favour, Mr Assange would have exhausted all legal avenues in the UK.
Speaking outside the Royal Courts of Justice after the decision, Ms Assange welcomed the ruling and branded it a “turning point”.
She called on the US to “abandon this shameful attack on journalists, on the press and the public that has been going on for 14 years.”
The US Department of Justice described the leak as "one of the largest compromises of classified information in the history of the United States".
The leaked files suggested the US military had killed civilians in unreported incidents during the war in Afghanistan.
US authorities say Mr Assange put lives at risk by failing to redact the names of intelligence operatives in the documents. They also argue that he is not being prosecuted in relation to any of the disclosures that he says exposes war crimes.
Mr Assange's legal team has argued that the case is a politically motivated form of "state retaliation".
"This case is the revenge of that country against openness and accountability."
In 2022, Home Secretary Priti Patel signed Mr. Assange's extradition order, but he appealed to the High Court in February 2024 for permission to contest the decision.
During a March hearing, the US government was granted additional time to assure the court that Mr. Assange would not face the death penalty and to address two other concerns:
That Mr. Assange would be able to invoke the First Amendment of the US Constitution, which protects free speech.
That his Australian nationality would not be held against him.
Last month, judges confirmed that the US had provided these assurances to the court.
Mr. Assange and his legal team have accepted the assurance that he will not face the death penalty if charged with other offenses.
Earlier on Monday, James Lewis KC, representing the US government, stated in written submissions that there was “no question” Mr. Assange would be “entitled to the full range of due process trial rights” – including the First Amendment defense – if extradited.
Separately, last month, US President Joe Biden said he was considering a request from Australia to drop Mr Assange's prosecution and return him to his native country.
