In an extraordinary barely reported turn of events close to the conclusion of Julian Assange’s two day UK High Court Appeal against his extradition, a gaping hole appeared in plans to shunt him onto a plane to the US.

In the final moments of the hearing, Ben Watson KC representing the UK Home Secretary, admitted additional charges could be laid against Assange in the US that carry the death penalty, such as aiding and abetting treason. Asked by the judge whether there is anything that can be done to prevent a death penalty being imposed, he replied

“It would be very difficult to offer assurances to prevent the death penalty from being imposed”.

The wording is significant – it was not a difficulty in ‘accepting’ an assurance but in its offering. This is an indication the subject has been – as is to be expected – canvassed, and the US either can’t (those are State laws) or won’t. Either way, surely, we have a problem Houston.

What are the implications for the UK Secretary of State who has already rubber stamped the extradition and for the recent High Court’s decision approving it?

Julian Assange faces another wait to learn whether the two Justices will decide it and other grounds warrant a full appeal.

But time is of the essence for Assange who has barely seen sunlight for 13 years, at 52 has had a stroke and is exhibiting the effects of sustained relentless anxiety. He faces the prospect of inhumane conditions in a US Super Max prison for life – solitary confinement in a steel shoebox – and the evidentiary Court found he would be at risk of killing himself.

Assurances subsequently offered by the US and accepted by the High Court judge who overturned the decision to refuse extradition, are in any event not worth the paper they are written on said Amnesty International, as the US reserves the right to recant them.

The court heard Assange was too unwell to attend. Had he been present, as he had wanted to be, it would have been in a tiny court and he no doubt as always would have been at the very back, enclosed in a glass cage as if he were a violent offender, unable to communicate with his lawyers. He isn’t violent of course, but it is a reminder to him and to us all of his place in this exercise of British justice. He is convicted of nothing, but wanted by a superpower whose criminality he exposed because he published evidence proving it. This is the first hearing where US criminality was raised and elaborated on by his lawyers. US State criminality.

Assange’s Defence team did a brilliant job arguing the numerous grounds for an Appeal – their best performance to date – while the Prosecution trotted out the predictable, manufactured and largely debunked arguments – that he is a hacker who dumped unredacted documents on the internet that risked harm to those named and caused the US inconvenience.

The hacking charge is an important one for the US – it carries the least jail time but is critical to differentiate his work from that of a journalist. We know they have tried to beef it up but the effort has come to grief because their main witness, convicted paedophile Siggy Thordarson, unfortunately outed himself publicly, admitting he lied to the FBI about Assange.

Chelsey Manning has been unequivocal she was solely responsible for accessing the documents and it is a well established fact she had the security clearance to do so.

A recorded internet chat room discussion between two unnamed people about the potential to access material while protecting one’s identity ended with an ‘I’m sorry........

© Pearls and Irritations