University of Michigan police officers suspension violated First Amendment, jury finds MLive.com
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University of Michigan police officers suspension violated First Amendment, jury finds - MLive.com
Supporters of WikiLeaks founder Julian Assange hold banners and placards as they protest in support of him, outside The Royal Courts of Justice, Britain's High Court, in central London on May 20, 2024. Benjamin Cremel/AFP/Getty Images hide caption
Supporters of WikiLeaks founder Julian Assange hold banners and placards as they protest in support of him, outside The Royal Courts of Justice, Britain's High Court, in central London on May 20, 2024.
A court in London has ruled that WikiLeaks founder Julian Assange can now pursue an appeal against the British government's decision to approve his extradition to the United States.
The decision Monday by two judges on Britain's High Court of Justice clears the way for a full appeal hearing of that extradition, in which Assange's lawyers can argue that his First Amendment rights under the U.S. constitution may be limited by his nationality. Assange is an Australian citizen, and neither a citizen nor national of the United States.
The U.S. wants to charge him with 17 acts of espionage and one count of computer misuse, for an alleged conspiracy to take possession of and then publish national defense information.
Assange gained global prominence in 2010 when WikiLeaks, the organization he founded, released hundreds of thousands of classified documents focused on the U.S. military's activities in Iraq and Afghanistan that were leaked to the site by Chelsea Manning, then an Army intelligence analyst.
In February, lawyers for Assange submitted nine separate grounds for a possible appeal, but then in March the two High Court judges, Victoria Sharp and Adam Johnson, responded to those requests by saying there was a "real prospect of success" on only three grounds.
They directed in their March judgement that the U.S. government should provide assurances that might obviate the need for any appeal: namely by convincing the court that Assange would not face the death penalty; that he would be treated no differently than a U.S. citizen; and that he would be protected under the right to free speech afforded under the First Amendment.
In court on Monday, one of Assange's lawyers questioned the assurances that have since been made by U.S. prosecutors, pointing out that the separation of powers in the United States meant that the executive branch responsible for charging Assange would be unable to force the judicial branch in the form of a federal court in Virginia to accept certain parameters for the trial.
A lawyer representing the U.S. government in court had earlier insisted that the "judicial branch of the United States will take due notice of this solemn assurance given by its government in the course of international relations." But that U.S. federal court, said Assange's lawyer Edward Fitzgerald, "can and will apply U.S. law, whatever the executive may say or do."
This decision by one of Britain's highest courts represents the latest twist in a years-long legal saga that has embroiled Assange since a Swedish woman first accused him of rape in 2010. He was arrested for transfer to Sweden, but jumped bail in Britain and then holed up in the Ecuadorian embassy, insisting that the charges were false and a pretext for him to be further transferred to the United States.
Swedish prosecutors ultimately dropped the rape charges, but Assange was forcibly removed from the Ecuadorian embassy and placed in Belmarsh, a maximum security prison in southeast London, as the U.S. unveiled its charges against him.
The 52-year old was not in court Monday on health grounds, but must now wait for his legal team to prepare the full appeal of his extradition.
That hearing could ultimately lead to his release if judges decide that he would not face the same legal protections in a U.S. court as he would under the British legal system.
Supporters of WikiLeaks founder Julian Assange, fly a banner featuring an image of Assange, as they protest in support of him, outside The Royal Courts of Justice, Britain's High Court, in central London on Monday. Benjamin Cremel/AFP/Getty Images hide caption
Supporters of WikiLeaks founder Julian Assange, fly a banner featuring an image of Assange, as they protest in support of him, outside The Royal Courts of Justice, Britain's High Court, in central London on Monday.
But even if his appeal is ultimately denied by the British courts, Assange's lawyers say they will appeal to an even higher authority, the European Court of Human Rights. That court would then need to intervene swiftly with an injunction to prevent Assange's transfer to the U.S.
Critics of the U.S. government's pursuit of Assange hailed Monday's decision as an important victory, but warned the American prosecution efforts continued to overshadow press freedom.
"A successful prosecution would criminalize a great deal of the investigative journalism that is crucial to our democracy," said Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, in a statement. "The Justice Department should never have charged Assange under the Espionage Act, and it should drop the charges now."
The hearing in central London at the Royal Courts of Justice was attended by dozens of Assange's supporters, chanting and using bullhorns to assail the British and American authorities.
Stella Assange, the wife of Julian Assange, gives a statement outside the Royal Courts of Justice in London, after he won a bid at the High Court to bring an appeal against his extradition to the United States. Lucy North/PA Images/Getty Images hide caption
Stella Assange, the wife of Julian Assange, gives a statement outside the Royal Courts of Justice in London, after he won a bid at the High Court to bring an appeal against his extradition to the United States.
His wife Stella who originally met him when working on his legal team had said in a recent interview with Reuters that she was concerned he could have been placed on a plane to the U.S. as soon as this week, where he could theoretically face up to 175 years in prison.
The U.S. government has repeatedly argued his actions were reckless and dangerous, and have brought the charges against him under the Espionage Act.
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Julian Assange can appeal his extradition to the U.S., a British court ...
The decision means Mr Assange's lawyerscanchallengeUSassurancesabout how his trial would be conducted.
As a teenager, Mr Assange gained a reputation for computer programming.
In 1995, he was fined for hacking offences in his native country, Australia, but avoided prison after promising not to do it again.
Mr Assange founded the Wikileaks website in 2006. It claims to have published more than 100 million documents , including many confidential or restricted official reports related to war, spying and corruption.
In 2010, it released a video from a US military helicopter which showed civilians being killed in the Iraqi capital Baghdad.
These suggested that the US military had killed hundreds of civilians in unreported incidents during the war in Afghanistan.
In 2019, the US Department of Justice described the leaks as "one of the largest compromises of classified information in the history of the United States".
Mr Assange insisted that the files exposed serious abuses by US armed forces, and that the case against him was politically motivated.
The US authorities began extradition proceedings to bring Mr Assange to the US.
If convicted, his lawyers say he faces up to 175 years in jail. However, the US government says four to six years is more likely.
The 2019 US extradition request was granted after a series of court hearings.
However, Mr Assange has fought to overturn the decision.
Hewillnowhaveanumberofmonthstopreparehisappeal, which will concern whether the US courts will protect his right to free speech as an Australian citizen.
He said the claims were "without basis".
Sweden asked the UK to extradite Mr Assange, who was arrested and remanded on bail.
Two years of legal battles followed, but in 2012, the UK Supreme Court ruled that he should be extradited to Sweden for questioning.
However, he went on the run and sought political asylum in the Ecuadorian embassy, claiming the Swedish case would lead to him being sent to the US. Asylum was granted by Ecuador's then president, Rafael Correa.
Mr Assange spent seven years in the embassy, and was regularly visited by celebrity supporters including the singer Lady Gaga and the actor Pamela Anderson.
He was arrested inside the embassy by British police, and then tried for not surrendering to the courts to be extradited to Sweden. He received a 50-week prison sentence.
She wore a wedding dress designed by Dame Vivienne Westwood, and has called on US President Joe Biden to "drop this shameful case".
The couple began their relationship in 2015, and have two children together.
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Why Wikileaks' Julian Assange faces US extradition demand - BBC
Edward Snowden wants to go back to the US but faces espionage charges if he returns
A National Security Agency (NSA) surveillance program has been ruled unlawful, seven years after it was exposed by whistleblower Edward Snowden.
The surveillance of millions of Americans' telephone records first came to light in 2013.
And Mr Snowden has said he feels vindicated by the ruling.
I never imagined that I would live to see our courts condemn the NSAs activities as unlawful and in the same ruling credit me for exposing them, Mr Snowden said.
"And yet that day has arrived," he added.
Accept and continue
Top US intelligence officials had publicly insisted the NSA had never knowingly collected data from private phone records, until Mr Snowden exposed evidence to the contrary in 2013.
Following the revelation, officials said the NSA's surveillance program had played a crucial role in fighting domestic terrorism, including the convictions of Basaaly Saeed Moalin, Ahmed Nasir Taalil Mohamud, Mohamed Mohamud, and Issa Doreh, of San Diego, for providing aid to al-Shabab militants in Somalia.
But, on Wednesday, the Court of Appeals said the claims were "inconsistent with the contents of the classified records" and the program had violated the Foreign Intelligence Surveillance Act.
The ruling will not affect the 2013 convictions.
Todays ruling is a victory for our privacy rights, the American Civil Liberties Union said in a statement.
"It makes plain that the NSAs bulk collection of Americans phone records violated the Constitution.
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NSA surveillance exposed by Snowden ruled unlawful - BBC
Can Edward Snowden Become the Next CEO of Twitter? Elon Musk is Ready to Give Up Analytics Insight
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Can Edward Snowden Become the Next CEO of Twitter? Elon Musk is Ready to Give Up - Analytics Insight
LONDON (AP) WikiLeaks founderJulian Assangehas been fighting for more than a decade to avoid extradition to the United States to face charges related to his organizations publication of a huge trove of classified documents. He has been in custody in a high-security London prison since 2019, and previously spent seven years in self-exile in the Ecuadorian Embassy in London.
WATCH: Wikileaks founder Julian Assange makes last-ditch attempt to avoid U.S. extradition
As his lawyers begina final round of legal challengeTuesday to stop him from being sent from Britain to the U.S., here is a look at key events in the long-running legal saga:
Assange founds WikiLeaks in Australia. The group begins publishing sensitive or classified documents.
In a series of posts, WikiLeaks released almost half a million documents relating to the U.S. wars in Iraq and Afghanistan.
Swedish prosecutors issue an arrest warrant for Assange based on one womans allegation of rape and anothers allegation of molestation. The warrant is withdrawn shortly afterward, with prosecutors citing insufficient evidence for the rape allegation. Assange denies the allegations.
Swedens director of prosecutions reopens the rape investigation. Assange leaves Sweden for Britain.
Swedish police issue an international arrest warrant for Assange.
Assange surrenders to police in London and is detained pending an extradition hearing. High Court grants Assange bail.
District court in Britain rules Assange should be extradited to Sweden.
Assange enters Ecuadorian Embassy in central London, seeking asylum on June 19, after his bids to appeal the extradition ruling failed. Police set up round-the-clock guard to arrest him if he steps outside.
Assange is granted political asylum by Ecuador.
Assange loses his bid to have an arrest warrant issued in Sweden against him canceled. A judge in Stockholm upholds the warrant alleging sexual offences against two women.
Swedish prosecutors ask to question Assange at the Ecuadorian embassy.
Swedish prosecutors drop investigations into some allegations against Assange because of the statute of limitations; an investigation into a rape allegation remains active.
Metropolitan Police end their 24-hour guard outside the Ecuadorian embassy but say theyll arrest Assange if he leaves, ending a three-year police operation estimated to have cost millions.
Assange claims total vindication as the U.N. Working Group on Arbitrary Detention finds that he has been unlawfully detained and recommends he be immediately freed and given compensation. Britain calls the finding frankly ridiculous.
Ecuadors president says his country and Britain are working on a legal solution to allow Assange to leave the embassy.
Assange seeks a court injunction pressing Ecuador to provide him basic rights he said the country agreed to when it first granted him asylum.
A U.S. court filing that appears to inadvertently reveal the existence of a sealed criminal case against Assange is discovered by a researcher. No details are confirmed.
Ecuadorian President Lenin Moreno blames WikiLeaks for recent corruption allegations; Ecuadors government withdraws Assanges asylum status. London police arrest Assange at the Ecuadorian embassy for breaching bail conditions in 2012, as well as on behalf of U.S. authorities.
Assange is sentenced to 50 weeks in prison for jumping bail in 2012.
The U.S. governmentindicts Assangeon 18 charges over WikiLeaks publication of classified documents. Prosecutors say he conspired with U.S. army intelligence analyst Chelsea Manning to hack into a Pentagon computer and release secret diplomatic cables and military files on the wars in Iraq and Afghanistan.
Swedish prosecutordrops rape investigation.
An extradition hearing for Assange is delayed amid the COVID-19 pandemic.
The U.S. files new indictment against Assange that prosecutors say underscores Assanges efforts to procure and release classified information.
A British judge rules Assangecannot be extradited to the U.S.because he is likely to kill himself if held under harsh U.S. prison conditions.
The High Courtgrants the U.S. government permission to appealthe lower courts ruling blocking Assanges extradition.
The High Court rules that U.S. assurances about Assanges detention areenough to guarantee he would be treated humanely.
Britains top courtrefuses to grant Assange permissionto appeal against his extradition.
Britains governmentorders the extraditionof Assange to the United States. Assange appeals.
Assanges lawyers launch a final legal bid to stop his extradition at the High Court.
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Timeline of the Julian Assange legal saga as he makes a final bid ... - PBS