A British court has ruled that the U.S. cannot extradite Julian Assange on espionage charges unless American officials assure that he will not face the death penalty for his alleged crimes. The ruling by Judges Victoria Sharp and Jeremy Johnson stated that the U.S. must provide Assange, a 52-year-old Australian national, with the same First Amendment protections as a U.S. citizen and guarantee that the death penalty will not be imposed.
The court rejected most of Assange's appeals, including claims that his prosecution is political. The judges emphasized that while Assange may have acted out of political conviction, the extradition request is not based on his political views. The ruling also addressed concerns about potential CIA involvement in kidnapping or harming Assange.
Assange faces 17 counts under the Espionage Act for allegedly receiving, possessing, and communicating classified information, as well as a charge of conspiracy to commit computer intrusion. If extradited, he would stand trial in Alexandria, Virginia, and could potentially face up to 175 years in prison if convicted.
The charges stem from WikiLeaks' 2010 publication of classified cables leaked by U.S. Army intelligence analyst Chelsea Manning. The information revealed alleged war crimes by the U.S. government in Iraq, Afghanistan, and Guantánamo Bay, as well as CIA involvement in torture and rendition.
While the Obama administration opted not to indict Assange in 2013, the Trump administration's Justice Department later brought charges under the Espionage Act. The Biden administration has continued to pursue Assange's prosecution.
Previously, a U.K. district court judge rejected the U.S. extradition request in 2021 due to concerns about Assange's well-being in U.S. prison conditions. However, higher courts overturned that decision after receiving assurances from the U.S. regarding his treatment.
Assange's case has raised concerns among press freedom groups, who argue that his prosecution sets a dangerous precedent that could criminalize journalism. The legal battle over his extradition is ongoing, with further submissions expected before a final decision is made.