September 28, 2020
Pre-Hearing
Nothing unusual to report except that human rights groups and NGOs are still being denied entry to the hearing. From @jlpassarelli, “September 28th, day 15 of the #AssangeCase extradition proceedings. 40 political and #FreeSpeech advocate observers including @RSF_inter and @amnesty are still banned from observing the most important trial of our lifetime by Judge Baraitser without any explanation.”
And my daily reminder that Belmarsh prison puts Assange through a five-hour ordeal every day just to take him to court which includes being handcuffed, strip-searched, and a three-hour round-trip transport. I’m wondering how many journalists and publishers out there that refuse to speak out on his behalf against this extradition request would feel if the U.S. arrested them tomorrow and put them through this punishment for simply practicing journalism. Especially those who used WikiLeaks documents in the past to bolster their work, image, or publications.
Release of Medical Report
The hearing started with the judge’s ruling on whether or not Assange’s medical report should be released to the media. You may remember that on Friday both the defense and prosecution agreed to withhold it, defense arguing to the judge that “open justice would not be advanced by the disclosure of this information.” After speaking to a member of the press Judge Vanessa Baraitser said that she would make her decision today.
And keep in mind what Naomi Colvin said, “This is a press request for access to the medical reports. Note that the press agencies *always* request access to material (of course they do). This isn’t about JA personally.” So maybe Assange supporters can remember that in the future and stop taking things so personally meaning you probably shouldn’t be advocating that Assange is a journalist and that the government shouldn’t go after him for journalistic activity while your attacking journalists for conducting normal journalistic activity just because it doesn’t suit you.
The judge’s final decision is that the records will be withheld with the exception of Dr. Catherine Humphries’ witness statement which was read into court on September 23, 2020. Her statement was about neurological tests Assange had taken.
Defense Witness #26: Yancy Ellis
Mr. Ellis has been practicing law for 15 years, he was a judge advocate in the U.S. Marines, and he’s a public defender in Alexandria, VA. He’s very familiar with the Alexandria jail (ADC) where Assange would likely be held in pre-trial detention if he’s extradited.
Administrative Segregation
Ellis believes that Assange will be held for months if not years at ADC in administration segregation known as “X-block” during pre-detention. The cells are tiny and only have room for a sleeping space, a metal toilet and sink, and not much else. Assange would only spend around 1-2 hours outside of his cell and the entire point of X-block is to keep you away from other inmates. If you want to talk to a prisoner in the cell next to you as the prosecution claimed you could do, you literally have to scream at the top of your lungs for anyone to hear you. According to Ellis, these are “the basic minimum physical conditions of the unit” and SAMs would make the environment even more extreme.
Mental Health Care
ADC has social workers and counsellors but no doctors on staff. There’s also a part-time psychiatrist but no psycho-therapy. Medical care for someone with psychological disabilities was described at “very limited,” and I guess if you’re lucky, every once in a while a social worker will check in on you.
The prosecution relied on Kromberg's affidavit that paints the US prison system as a holiday at Mar-a-Lago. Lewis tried to discredit his knowledge about the prison, etc. #AssageCase
— Juan Passarelli (@jlpassarelli) September 28, 2020
Suicide
The prosecution for the United States tried to pull off this amazing argument that because ADC hasn’t had any suicides in awhile (what’s this about?) it’s always sunny at ADC. But it seems the only thing they might be good at is making sure there aren’t any completed suicides i.e. Chelsea Manning. As for how ADC deals with prisoners at risk for suicide, they simply move them into the medical unit or a state psychiatric hospital.
Prosecutor James Lewis QC on Cross
During cross, Lewis argued that Ellis never interviewed the warden at ADC but isn’t this the same prosecution who ignored what the former warden of ADX Florence said, you know, like it’s not fit for humanity? He also argued that Ellis can’t see into the future and has no idea if Assange would be put under administrative segregation but isn’t the point that Lewis can’t either and that Assange could be? And then he tried to say that a “phalanx of lawyers” would be looking out for Assange and making the “minutist criticism of every detail of the conditions,” which a. sure, maybe, but as of now it doesn’t appear that Assange’s lawyers have filed much of anything in 16 months to protect him at Belmarsh b. that’s not how it works, you don’t get to be incompetent and then say “well just file a complaint” and c. if Assange commits suicide, it’s a little late to file anything.
Judge Vanessa Baraitser
After cross and re-examination, Judge Baraitser asked Ellis why he thought that Assange would be held in administrative segregation since U.K. prisons hold everyone, regardless of their public standing or notoriety, under the same conditions. Ellis stated that in his experience with U.S. prisons, being a public figure coupled with (in this case) mental health issues that likely means Assange will be segregated and isolated.
Defense Witness #27:Joel Stickler
Defense witness Joel Stickler was a correction counsellor in D.C.’s Department of Corrections, he has more than forty years experience in federal prison-related matters and prison advocacy, he founded the Justice Advocacy Group, and is extremely familiar with the jail in Alexandria (ADC).
Administrative Segregation
Stickler agreed with Ellis that Assange would probably be sent to the X-block at ADC based on Assange being a public figure, concerns for his safety, and his risk of self-harm. But note, also because of the charges levied against him i.e. he’s a national security threat. Stickler also agrees that Assange would not be able to communicate with other inmates and despite the infamous Kromberg stating otherwise, Stickler says that “in practice, that’s ridiculous. You have to scream [to each other].”
Suicide
Stickler also agrees that prisoners with mental health issues or at risk of suicide are generally medicated or sent to the prison’s psychiatric ward. However, he believes that if someone is “intent on committing suicide, it can be done,” and then noted that one of his clients killed themselves despite being one of the most guarded prisoners there. U.K. prosecution for the U.S. was nice enough to point out that the prison guards who allowed it to happen were being prosecuted for falling asleep on the job (“falling asleep” as in the same “falling asleep” under Epstein’s watch?) after which Stickler pointed out, “…but that doesn’t bring him back.”
Dobbins keeps on insisting that there have been no suicides at the ADC since 2017, although she just mentioned the attempted suicide of Chelsea Manning last year. She is just interested in successful suicides, not the conditions or welfare of the inmates. #AssangeCase
— Juan Passarelli (@jlpassarelli) September 28, 2020
Dobbins has Stickler, answering yes or no questions that make the prison system sound like a lovely holiday destination.
— Juan Passarelli (@jlpassarelli) September 28, 2020
The prosecution also tried to argue against isolation and segregation by noting that some inmates get to buddy up with someone else in their prison cell like we’re talking about summer camp—that is, summer camp where your roommate has a lot of mental problems and likes to beat you up every once in awhile. “One time, at ADC…”
SAMs
Really disturbing testimony today from Stickler about his clients, one of which went into prison at age 25 and has been in solitary confinement for 22 years. A second client was held in solitary for 19 years. Sickler believes:
- There’s no cap on time someone can spend in isolation
- Assange will be classified at the highest level if prosecuted
- Assange will likely not receive the mental health care he needs
- Assange will get a long sentence, if not life in prison
Stickler: #Assange has released some of the most vile crimes of the US. I think that he is going to get very limited communications, and I also think he is facing life if not at least 20 to 30 years. #AssangeCase
— Juan Passarelli (@jlpassarelli) September 28, 2020
Prosecutor Claire Dobbin QC on Cross
- Claire Dobbin for the prosecution pointed out that terrorist Wadih el-Hage isn’t under SAMs but when Stickler asked her which prison he was at she refused to answer
- Dobbin compared Assange’s case to that of Reality Winner’s who received a five year prison term
- After Dobbin kept up pretenses that Assange might not be in solitary, Stickler replied, “They are going to put in in [sic] him there incommunicado and keep his [sic] that way for years, I’ve had a client held that way for 22 years.”
- Despite admitting to Dobbin that ADX Florence is well-staffed, Stickler doesn’t agree that its effective
Sickler getting tired of the way Dobbin is questioning, asks her, "Why don't you inform the court, how often will Mr Assange be able to be visited by his family, under SAMs at the ADX?"
— Assange Defense (@DefenseAssange) September 28, 2020
She doesn't answer directly but is reading through other cases
Dobbin is comparing #JulianAssange, a non-violent journalist, to a man serving multiple life sentences for trying to blow up an airliner with a bomb hidden in his underwear. And arguing that this his treatment he will get is alike, acceptable and fair. https://t.co/RLS49RWeR3
— Juan Passarelli (@jlpassarelli) September 28, 2020
The three main takeaways from Stickler’s testimony today is that he firmly believes Assange will be put under SAMs if extradited and prosecuted, U.S. prisons cannot adequately care for prisoners’ mental health issues especially when you take into account SAMs and long term isolation, and, despite what ADX might say, reality is much different than what they say in their holiday brochure.
Twitter Sources
The Twitter users I followed today that I want to give a special thanks to for covering the hearing and that were used as my source material include (these guys and gals do the heavy lifting so we don’t have to):
A head’s up that @SMaurizi will no longer be covering the hearing (for now). Yesterday, the UK prosecution for the United States took issue with her doing so ⟶ “I am afraid today and in the coming days I won’t be able to follow and cover the Julian #Assange extradition hearing because the lawyers acting for the US government asked I won’t do it as I am a witness of fact in the Julian #Assange extradition hearing.” – Stefania Maurizi
Daily Updates
Bridges for Media Freedom Daily Court Summary: A.M. SUMMARY and P.M. SUMMARY
Richard Medhurst’s Daily Updates (video) HERE
Mohamed Elmaazi’s Daily Report HERE
@AssangeDefense’s Daily Report HERE
Articles
“Julian Assange faces ‘torturous’ months in parking space-sized cell if extradited to US, court hears.” Press Association via pressgazette.co.uk
“Julian Assange ‘faces fate worse than death’ in US: WikiLeaks founder could serve life in isolation at dreaded ‘Supermax’ prison that’s home to America’s most violent terrorists and drug lords if extradited, court hears.” Emer Skully via DailyMail
“Dissident Ai Weiwei protests possible extradition of Assange.” AP News Wire via independent.co.uk
Of Interest
“How Did We Get Here? The Threat of Fascism in U.S.” Davey Heller via ClassConscious.org
“No more appeals to the fascist Trump! The Assange campaign must turn to the working class!” Davey Heller via ClassConscious.org
“The Darkest Corner: Special Administrative Measures and Extreme Isolation in the Federal Bureau of Prisons.” Center For Constitutional Rights
Conditions of Prison in Alexandria, VA via The Justice Campaign (Twitter thread)
“Lockdown Life is Better in Virtual Reality” Madeleine Spence, The Times
“Wikileaks – USA against Julian Assange (english subtitles)” via ardmediathek.de
Witnesses
- Day 1 and 2: Mark Feldstein
- Day 2: Clive Stafford-Smith
- Day 3: Paul Rogers, Trevor Timm
- Day 4: Eric Lewis (cancelled)
- Day 5: Eric Lewis
- Day 6: Eric Lewis (continued), Thomas Durkin
- Day 7: John Goetz, Daniel Ellsberg
- Day 8: John Sloboda, Carey Shenkman
- Day 9:
- Nicky Hager
- Jennifer Robinson (statement read in court, no cross-examination)
- Khaled El-Masri (statement read in court, no cross-examination)
- Carey Shenkman (continuation from day before)
- Dean Yates (statement read in court, no cross-examination)
- Day 10:
- Christian Grotthoff
- Andy Worthington (statement read by judge/unclear)
- Cassandra Fairbanks (statement read in court, no cross-examination)
- Day 11: Dr. Kopelman
- Day 12:
- Dr. Quinton Deeley
- Seena Fazel
- Dr. Catherine Humphries
- Day 13:
- Dr. Nigel Blackwood
- Dr. Sandra Crosby
- Christopher Butler (statement read in court, no cross-examination)
- John Young (statement read in court, no cross-examination)
- Day 14:
- Jakob Austein
- Patrick Eller
- Day 15:
- Yancy Ellis
- Joel Stickler
Attorneys
- Edward Fitzgerald QC (Assange defense)
- Mark Summers QC (Assange defense)
- Jennifer Robinson (Assange defense)
- Gareth Peirce (Assange defense)
- Florence Iveson (Assange defense)
- James Lewis QC (prosecutor for the U.S.)
- Joel Smith (prosecutor for the U.S.)
- Claire Dobbin (prosecutor for the U.S.)
Documents
Defense Opening Arguments HERE
Defense Skeleton Arguments HERE and HERE
Prosecution Skeleton Arguments (photos via @MacWBishop) HERE
Prosecution Witness Bundle Including Kromberg Statement (bundle may be subject to change with each witness) HERE
Defense Witness #1 Statement: Professor Mark Feldstein HERE and HERE
Defense Witness #2 Statement: Clive Stafford-Smith HERE
Defense Witness #3 Statement: Paul Rogers HERE
Defense Witness #4 Statement: Trevor Timm HERE
Defense Witness #5 Statement: Eric Lewis
Defense Witness #6 Statement: Thomas Durkin
Defense Witness #7 Statement: John Goetz HERE
Defense Witness #8 Statement: Daniel Ellsberg HERE
Defense Witness #9 Statement: John Sloboda HERE
Defense Witness #10 Statement: Carey Shenkman HERE
Defense Witness #11 Statement: Nicky Hager HERE
Defense Witness Statement #12: Jennifer Robinson HERE
Defense Witness #13 Statement : Khaled El-Masri HERE
Defense Witness #14 Statement: Dean Yates HERE
Defense Witness #15 Statement: Christian Grotthoff HERE
Defense Witness #16 Statement: Andy Worthington HERE
Defense Witness #17 Statement: Cassandra Fairbanks HERE
Defense Witness #18 Statement: Dr. Kopelman (not released)
Defense Witness #19 Statement: Dr. Quinton Deeley (not released)
Prosecution Witness #1 Statement: Seena Fazel (not released)
Defense Witness #20: Dr. Catherine Humphries (not released)
Prosecution Witness #2 Statement: Dr. Nigel Blackwood (not released)
Defense Witness #21 Statement: Dr. Sandra Crosby (not released)
Defense Witness #22 Statement: Christopher Butler HERE
Defense Witness #23 Statement: John Young HERE
Defense Witness #24 Statement: Jakob Austein HERE
Defense Witness #25 Statement: Patrick Eller HERE
Defense Witness #26 Statement: Yancy Ellis
Defense Witness #27 Statement: Joel Stickler (not released)
Post Disclaimer
Disclaimer: Ten thousand more pages of disclaimers to follow.
If you were mentioned in this article because your associate(s) did or said something stupid/dishonest, that’s not a suggestion that you did or said something stupid/dishonest or that you took part in it. Of course, some may conclude on their own that you associate with stupid/dishonest individuals but that’s called having the right to an opinion. If I’ve questioned something that doesn’t make sense to me, that’s not me spinning the confusing material you’ve put out. That’s me trying to make sense out of something that doesn’t make sense. And if I’ve noted that you failed to back up your allegations that means I either missed where you posted it or you failed to back your shiz up.
If I haven’t specifically stated that I believe (my opinion) someone is associated with someone else or an event, then it means just that. I haven’t reported an association nor is there any inference of association on my part. For example, just because someone is mentioned in this article, it doesn’t mean that they’re involved or associated with everyone and everything else mentioned. If I believe that there’s an association between people and/or events, I’ll specifically report it.
If anyone mentioned in this article wants to claim that I have associated them with someone else or an event because I didn’t disclose every single person and event in the world that they are NOT associated with, that’s called gaslighting an audience and it’s absurd hogwash i.e. “They mentioned that I liked bananas but they didn’t disclose that I don’t like apples. Why are they trying to associate me with apples???” Or something similar to this lovely gem, “I did NOT give Trish the thumb drive!” in order to make their lazy audience believe that it was reported they gave Trish the thumb drive when, in fact, that was never reported, let alone inferred.
That’s some of the BS I’m talking about so try not to act like a psychiatric patient, intelligence agent, or paid cyber mercenary by doing these things. If you would like to share your story, viewpoint, or any evidence that pertains to this article, or feel strongly that something needs to be clarified or corrected (again, that actually pertains to the article), you can reach me at jimmysllama@protonmail.com with any questions or concerns.
I cannot confirm and am not confirming the legitimacy of any messages or emails in this article. Please see a doctor if sensitivity continues. If anyone asks, feel free to tell them that I work for Schoenberger, Fitzgibbon, Steven Biss, the CIA, or really just about any intelligence agency because your idiocy, ongoing defamation, and failure as a human is truly a sight to behold for the rest of us.
If I described you as a fruit basket or even a mental patient it's because that is my opinion of you, it's not a diagnosis. I'm not a psychiatrist nor should anyone take my personal opinions as some sort of clinical assessment. Contact @BellaMagnani if you want a rundown on the psych profile she ran on you.
This is an Op-ed article. The information contained in this post is for general information purposes only. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information contained on the post for any purpose. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site.
The views or opinions represented in this blog do not represent those of people, institutions or organizations that the owner may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.