Countdown To Day X: The US Suggestion That Assange Has No First Amendment Rights

The lead U.S. prosecutor in the case against WikiLeaks founder Julian Assange raised the idea that the U.S. may argue Assange has no First Amendment rights.

Editor’s Note: Ahead of a major appeal hearing before the British High Court of Justice on February 20 and 21, the “Countdown To Day X” series highlights key aspects of WikiLeaks founder Julian Assange’s appeal against extradition to the United States.

It was the lead United States prosecutor in the extradition proceedings against WikiLeaks founder Julian Assange, who first raised the idea that U.S. prosecutors may seek to deny Assange any rights under the First Amendment to the U.S. Constitution. 

Assistant U.S. Attorney Gordon Kromberg in the Eastern District of Virginia, where Assange was indicted, submitted a January 17, 2020, affidavit [PDF] to the British district court. It informed the court that Assange would have the opportunity to challenge the Espionage Act charges against him if he was extradited. 

Kromberg mentioned that Assange could claim “that his conduct was protected by the free speech provisions of the First Amendment.” But immediately after, he added, “Concerning any First Amendment challenge, the United States could argue that foreign nationals are not entitled to protections under the First Amendment, at least as it concerns national defense information."

Assange and his legal team would like the British High Court of Justice to grant a full appeal hearing and reckon with the fact that the U.S. Justice Department (DOJ) said they could deprive the WikiLeaks founder of free speech protections. 

Read the full article at The Dissenter.