"A sentence of death will neither be sought nor imposed on Assange," the document adds, noting that he has not been charged with any offense for which that is a possible punishment. It comes after the U.K. court ruled last month that the Biden administration had until Tuesday to confirm that he wouldn't face the death penalty and if it did not, he could continue appealing his extradition.
Responding on social media, his wife, Stella Assange—who is an attorney—blasted the U.S. assurances as "weasel words."
"The United States has issued a nonassurance in relation to the First Amendment, and a standard assurance in relation to the death penalty," she said. "It makes no undertaking to withdraw the prosecution's previous assertion that Julian has no First Amendment rights because he is not a U.S citizen."
"The Biden administration must drop this dangerous prosecution before it is too late."
"Instead, the U.S. has limited itself to blatant weasel words claiming that Julian can 'seek to raise' the First Amendment if extradited," she added. "The diplomatic note does nothing to relieve our family's extreme distress about his future—his grim expectation of spending the rest of his life in isolation in U.S. prison for publishing award-winning journalism. The Biden administration must drop this dangerous prosecution before it is too late."
The U.K. court's next hearing is scheduled for May 20. Last week, reporters asked U.S. President Joe Biden about requests from Australian Prime Minister Anthony Albanese and members of the country's Parliament to drop the extradition effort and charges. He said that "we're considering it."
So far, the Biden administration has ignored significant pressure from Australian and U.S. politicians as well as human rights and press freedom groups, and continued to pursue the extradition of Julian Assange, who was charged under former President Donald Trump—the Republican expected to face the Democratic president in the November election.
Assange was charged under the Espionage Act and Computer Fraud and Abuse Act for publishing classified documents including the "Collateral Murder" video and the Afghan and Iraq war logs. Since British authorities dragged Assange out of the Ecuadorian Embassy in London—where he lived with political asylum for seven years—he has been jailed in the city's Belmarsh Prison.
The WikiLeaks founder's wife, with whom he has two children, was not alone in condemning the U.S. assurances on Tuesday.
"This 'assurance' should make journalists even more worried about how the Assange prosecution could impact press freedom in the U.S. and globally.
The U.K. should grant Assange's appeal and refuse to extradite him," said the Freedom of the Press Foundation. "The U.S. doesn't disclaim the ability to argue that the First Amendment doesn't apply to Assange because of his nationality or other reasons, or for a court to rule against a First Amendment challenge to his prosecution."
Jameel Jaffer, director of the Knight First Amendment Institute, similarly said that "no one who cares about press freedom should take any comfort at all from the United States' assurance that Assange will be permitted to 'rely upon' the First Amendment."
"If the prosecution goes forward, the U.S. government will be trying to persuade American courts that the First Amendment poses no bar to the prosecution of a publisher under the Espionage Act," Jaffer warned. "And if the government is successful, no journalist will ever again be able to publish U.S. government secrets without risking her liberty."
"So the government's First Amendment assurances aren't responsive at all to the concerns that press freedom advocates have been raising," he concluded. "This case poses essentially the same threat to press freedom today as it did yesterday."
