The 52-year-old Australian faces 18 charges in the US, most under the Espionage Act, linked to WikiLeaks’ massive release of classified US documents. This release is considered one of the most significant security breaches in US military history.
In March, the High Court provisionally allowed Assange to appeal, citing potential discrimination as a foreign national, but asked the US for assurances. Following Monday’s hearing, two senior judges ruled that Assange’s concern regarding the inability to rely on the US First Amendment deserved a full appeal, which could take months to occur. The decision sparked cheers and singing from hundreds of supporters outside the court, who tied yellow ribbons to the railings and chanted “Free, free Julian Assange!”
Assange’s wife, Stella, expressed relief but questioned the prolonged nature of the legal battle. “The United States should read the situation and drop this case now. Now is the moment to do it,” she said. She emphasized that the ruling was a significant turning point.
Assange, absent from court due to health reasons, could have been extradited within 24 hours had the ruling gone against him, ending over 13 years of legal battles in Britain.
US Assurances Fall Short
US prosecutors assured the court that Assange could rely on First Amendment protections and would not face nationality-based discrimination. However, Assange’s legal team argued that a US court would not be bound by these assurances. “We say this is a blatantly inadequate assurance,” Assange’s lawyer, Edward Fitzgerald, told the judges.
The court decided that Assange’s appeal should cover all 18 charges, not just the three as suggested by US lawyers. Fitzgerald did accept a separate US assurance that Assange would not face the death penalty.
James Lewis, representing the US authorities, stated that while the assurance “cannot bind the courts,” US courts would “take solemn notice and give effect so far as they are able to a promise given by the executive.”
Protesters Appeal to Biden
Supporters gathered early outside the court, tying yellow ribbons and holding placards that read “Free, free Julian Assange” and “Let him go Joe,” appealing directly to US President Joe Biden. Protester Emilia Butlin, 54, expressed solidarity with Assange, stating, “He, with his work, has offered tremendous service to the public, informing them about what governments are doing in their name.”
Stella Assange, who attended the hearing with Assange’s brother and father, reiterated the emotional toll of the ongoing legal battle. Assange remained absent for health reasons, as noted by his lawyer Fitzgerald.
WikiLeaks had released hundreds of thousands of classified US military documents related to the wars in Afghanistan and Iraq, as well as diplomatic cables. Notably, in April 2010, WikiLeaks published a video of a 2007 US helicopter attack in Baghdad that killed a dozen people, including two Reuters staff members.
US authorities claim Assange’s actions were reckless, compromised national security, and endangered agents’ lives. His supporters worldwide, however, view the prosecution as a miscarriage of justice, an attack on journalism and free speech, and retaliation for causing embarrassment to the US government. Human rights groups, media organizations, and political leaders, including Australian Prime Minister Anthony Albanese, have called for the charges to be dropped.
Assange was first arrested in Britain in 2010 on a Swedish warrant over sex crime allegations, which were later dismissed. Since then, he has experienced house arrest, seven years in the Ecuadorian embassy in London, and, since 2019, detention in Belmarsh high-security prison. He married Stella in 2022, and they have two young children.