WikiLeaks founder Julian Assange gained permission on Monday to appeal against extradition to the US, telling London’s High Court that he would not be able to rely on his right to free speech in a US court, Reuters reports.
The US is wanting Australian-born Assange, 52, on 18 charges, almost all under the Espionage Act, related to WikiLeaks’ mass publication of classified US documents, the largest security breach in US military history.
In March, the High Court gave him temporary permission to appeal on the grounds that he could face discrimination as a foreign national, but suggested that the US should provide assurances.
After Monday’s hearing, two senior judges said Assange’s argument that he would not be able to rely on the US right to free speech merited a full appeal, which is unlikely to take place for months.
The news prompted cheers and chants from hundreds of supporters who gathered outside the courthouse, tying yellow ribbons to iron railings, holding placards and chanting:
“Free, free Julian Assange!”
Assange’s wife Stella, who had been in court with his brother and father, said:
“As a family we’re relieved but how long can this go on? The United States should read the situation and drop this case now. Now is the moment to do it.”
Assange himself was not present, according to his lawyer, for health reasons. The US Justice Department did not comment on the court case.
If Monday’s court ruling had not been in his favour, Assange’s team said he could have flown to the US within 24 hours, ending more than 13 years of litigation in Britain.
Assange and the First Amendment to the US Constitution
US prosecutors have told the court that Assange can “count on” the First Amendment protection of the US Constitution for US citizens and discrimination because of his nationality will not effect him.
But his lawyers said the US court would not be bound by that. Assange’s lawyer Edward Fitzgerald told the judges:
“We say this is a blatantly inadequate assurance.”
The court also concluded that Assange’s appeal should apply to all 18 counts, not just three, as US lawyers had argued. Fitzgerald, however, accepted a separate US assurance that Assange would not face the death penalty.
WikiLeaks has made public hundreds of thousands of classified US military documents about Washington’s wars in Afghanistan and Iraq, as well as many diplomatic cables.
