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The State Failed to Break Assange

Julian Assange has not been freed, passive voice, the beneficiary of decisions taken by the American and British judiciaries — and almost certainly in the Biden regime’s upper reaches. Julian Assange has achieved his freedom, actively. Even during the darkest moments of his years under house arrest, in asylum at Ecuador’s London embassy, and at Belmarsh, he never surrendered his sovereignty. He remained ever the captain of his soul, and never did he allow his captors entry onto his ship.

SCHEERPOST, JULY 1, 2024   Patrick Lawrence

After apparently lengthy negotiations via Julian Assange’s attorneys, the WikiLeaks founder agreed to plead guilty to one felony charge of illegally obtaining and publishing U.S. government documents of various kinds — many standing as evidence of war crimes and human rights abuses, others exposing the Democratic Party’s corruptions during the presidential campaign of Hillary Clinton in 2016.

Assange was sentenced Wednesday to a term of five years and two months, precisely the time he spent at Belmarsh, the maximum-security prison in southeast London. It was from Belmarsh that Assange fought requests for his extradition to the U.S., where he would have faced multiple charges and a lengthy sentence under the 1917 Espionage Act. When he departed for Australia at the conclusion of the proceeding in Saipan, the largest of the Northern Marianas and also the capital city, he became a free man for the first time in 14 years, counting from his time under house arrest in 2010.

Let us take the utmost care with our diction at this surprising and welcome turn. This will enable us to fathom the moment clearly.

Julian Assange has not been freed, passive voice, the beneficiary of decisions taken by the American and British judiciaries — and almost certainly in the Biden regime’s upper reaches. Julian Assange has achieved his freedom, actively. Even during the darkest moments of his years under house arrest, in asylum at Ecuador’s London embassy, and at Belmarsh, he never surrendered his sovereignty. He remained ever the captain of his soul, and never did he allow his captors entry onto his ship.

It was for this, most fundamentally, that Assange has suffered these past years, especially the five he spent in a cell at Belmarsh. The project was precisely to destroy his sovereignty, to break him one way or another, and he refused to break. His will — and I simply cannot imagine the awesome muscularity of it — has seen him through to victory.  

When news of his impending freedom arrived with us last Monday evening, I reacted without hesitation, “It is not a bad deal. Everyone knows the truth and worth of what Assange did. Nothing lost. A good man’s life hung in the balance — this a gain.”  

“Everyone” seems already an overestimation, but I will get to this in a moment.

Among the curious details of Assange’s plea is the choice of the federal courthouse in the Northern Marianas, a U.S. possession, for the denouement of his case. Assange’s legal team requested this peculiar location, let us not miss. It is remote from the U.S. mainland but close to his native Australia. There are two things to surmise from this, I think.

One, it is likely Assange’s attorneys thought it a very bad idea for their client to set foot on American soil anywhere near the court in Washington’s environs where cases of this kind, national-security cases, are customarily tried — tried before jurors drawn from a pool well populated with active and retired national security operatives, bureaucrats and assorted apparatchiks.

That the locale for the final settlement was negotiated away from the District Court of Eastern Virginia indicates that Assange’s lawyers remained mistrustful of U.S. assurances of a fair treatment under the law even while their talks proceeded.

Two, and the larger point here, moving the case to so out-of-the-way a courtroom indicated that Assange and his legal defense almost certainly had considerable leverage in determining the terms under which he achieved his freedom. This tells us something important about the years Assange spent at Belmarsh subjected to disgracefully punitive conditions and the circus various judges, Vanessa Baraitser high among them, made of the British courts.

I have long assumed, as many others may have, that the Biden regime and its predecessor simply did not want Assange extradited because it did not want to take up a trial that would more or less automatically lead to a sentence of 170 years. Too potentially messy, too politically risky, too harsh a light on this administration’s hypocrisies in the matter of press freedom and its indifference to, if not its approval of, the British authorities’ inhumane treatment of a man whose organization exposed war crimes.

How else to explain the lengthy delays in the London courts these past five years? And I cannot but think with something close to conviction that the corporate press in America, chiefly The New York Times, had some modest voice in the decision to negotiate a plea that reflects to some extent the Assange side’s terms? 

The Times has avoided serious reporting of the Assange case for years. Embarrassing it would have been for the paper to report proceedings in Eastern Virginia, as it would have been obliged to do. We all remember that The Times made full use of WikiLeaks releases until, in April 2017, Mike Pompeo denounced Assange as “a state actor of Russia.” It was at that point Washington turned frontally against the organization and its founder, and the corporate press dutifully followed the lead of Trump’s egregious secretary of state.

The Biden regime has managed at last to drop a hot potato, but it is a stretch to assume it has not burned its fingers. As others have remarked, it could have vacated its case entirely and, indeed, gone so far as to offer Assange compensation for his suffering while facing unjust charges.

That would have marked a dramatic redemption. Instead, it leaves the door still wide open to pursuing cases such as Assange’s whenever a reporter’s truths are similarly inconvenient. This is self-inflicted damage atop years of self-inflicted damage, in my read. The Biden government’s exit from this case more or less mutilates any claim it will henceforth assert to respect press freedom and First Amendment rights.

Sheer Endurance

I measure the magnitude of Julian Assange’s triumph not in passing political terms, although the politics of his achievement of freedom are important. I view it in more personal terms. His greatest victory lies in the strength and sheer endurance he summoned and consistently displayed as the machinery of two sovereign states attempted to destroy him.

Several years ago, readers will recall, Nils Melzer testified in Baraitser’s court that Assange’s treatment met official definitions of psychological and physical torture. Not long after the U.N.’s special rapporteur on torture gave his testimony, I began an essay on the Assange case for Raritan, the cultural and political journal. It came to me as I wrote “Assange Behind Glass,” which I reproduce here from my web site archives, that we had to see it in the context of the “total domination” Hannah Arendt explored in The Origins of Totalitarianism, her look back, in 1951, at the horrors of the 20^th century’s first half. “Its intent is to strip humanity of all identity and individuation,” I wrote of Arendt’s theme. And from her text:……………………………………………………………………………………………………………………….

…………….Are there undisclosed codicils attaching to the Assange’s camp’s plea agreement? Will his professional activities henceforth be curtailed by agreement? These are inevitable questions, even if one does not care to pose them. The answers are unclear and may never be clear. Out of respect and admiration for a man who has just won his freedom after paying a very high price in his fight for it, I leave these matters to him and those around him. https://scheerpost.com/2024/07/01/patrick-lawrence-the-state-failed-to-break-assange/

July 2, 2024 Posted by Christina Macpherson | civil liberties | Leave a comment