UK court says Julian Assange can’t be extradited on espionage charges until US rules out death penalty

LONDON (AP) — A British court ruled Tuesday that Julian Assange can't be extradited to the United States on espionage charges unless American authorities guarantee he won't get the death penalty, giving the WikiLeaks founder a partial victory in his long legal battle over the site's publication of classified American documents.

Two High Court judges said they would grant Assange a new appeal unless US authorities give further assurances within three weeks about what will happen to him.

The ruling means the legal saga, which has dragged on for more than a decade, will continue — and Assange will remain inside London's high-security Belmarsh Prison, where he has spent the last five years.

Judges Victoria Sharp and Jeremy Johnson said the U.S. must guarantee that Assange, who is Australian, “is afforded the same First Amendment protections as a United States citizen, and that the death penalty is not imposed.”

The judges said that if the US.files new assurances, “we will give the parties an opportunity to make further submissions before we make a final decision on the application for leave to appeal.” The judges said a hearing will be held May 20 if the US makes those submissions.

The US Justice Department declined to comment Tuesday.

Assange's supporters say he is a journalist protected by the First Amendment who exposed US military wrongdoing in Iraq and Afghanistan that was in the public interest.

Assange's wife Stella Assange said the WikiLeaks founder “is being persecuted because he exposed the true cost of war in human lives.”

“The Biden administration should not issue assurances. They should drop this shameful case, which should never have been brought,” she said outside the High Court in London.

The ruling follows a two-day hearing in the High Court in February, where Assange's lawyer Edward Fitzgerald said American authorities were seeking to punish him for WikiLeaks' “exposure of criminality on the part of the US government on an unprecedented scale,” including torture and killings.

The US government said Assange's actions went beyond journalism by soliciting, stealing and indiscriminately publishing classified government documents that endangered many people, including Iraqis and Afghans who had helped US forces.

The judges rejected six of Assange's nine grounds of appeal, including the allegation that his prosecution is political. They said that while Assange “acted out of political conviction … it does not follow however that the request for his extradition is made on account of his political views.”

The judges also said Assange could not appeal based on allegations, made by his lawyers, that the CIA developed plans to kidnap or kill Assange during the years he spent holed up in the Ecuadorian Embassy in London, to prevent him from trying to flee.

The judges said “plainly, these are allegations of the utmost seriousness,” but concluded they had no bearing on the extradition request.

“Extradition would result in him being lawfully in the custody of the United States authorities, and the reasons (if they can be called that) for rendition or kidnap or assassination then fall away,” the ruling said.

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