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"Alfred Nobel's endowment for peace cannot be spent on the promotion of war."
WikiLeaks founder Julian Assange on Wednesday filed a complaint against the Nobel Foundation to stop its planned payouts to Venezuelan opposition leader and 2025 Nobel Peace Prize winner María Corina Machado, who has backed US President Donald Trump's campaign of military aggression against her own country.
According to a press release that WikiLeaks posted to X, Assange's lawsuit seeks to block Machado from obtaining over USD $1 million she's due to receive from the Nobel Foundation as winner of this year's Peace Prize.
The complaint notes that Alfred Nobel's will states that the Peace Prize named after him should only be awarded to those who have "conferred the greatest benefit to humankind” by doing “the most or the best work for fraternity between nations, for the abolition or reduction of standing armies, and for the holding and promotion of peace congresses."
In an interview that aired on Sunday on CBS News’ “Face the Nation,” Machado praised Trump’s policies of tightening economic sanctions and seizing Venezuelan oil tankers, acts of aggression that appear to go against Nobel's stated declaration that the Peace Prize winner must promote "fraternity between nations."
“Look, I absolutely support President Trump’s strategy, and we, the Venezuelan people, are very grateful to him and to his administration, because I believe he is a champion of freedom in this hemisphere,” Machado told CBS News.
Trump’s campaign against Venezuela has not only included sanctions and the seizing of an oil tanker, but a series of bombings of purported drug trafficking vessels that many legal experts consider to be acts of murder.
In his complaint, Assange claims that Machado's gushing praise of Trump in the wake of his illegal boat-bombing campaign is enough to justify the Nobel Foundation freezing its disbursements to the Venezuelan politician.
"Alfred Nobel's endowment for peace cannot be spent on the promotion of war," Assange states, adding that "Machado has continued to incite the Trump Administration to pursue its escalatory path" against her own country.
The complaint also argues that there's a risk that funds awarded to Machado will be "diverted from their charitable purpose to facilitate aggression, crimes against humanity, and war crimes."
Were this to happen, the complaint alleges, it would violate Sweden's obligations under Article 25(3)(c) of the Rome Statute, which states that anyone who "aids, abets, or otherwise assists" in the commission of a war crime shall be subject to prosecution under the International Criminal Court.
Trump in recent days has ramped up his aggressive actions against Venezuela, and on Tuesday night he announced a "total and complete blockade" of all "sanctioned oil tankers" seeking to enter and leave the country.
“Venezuela is completely surrounded by the largest Armada ever assembled in the History of South America,” Trump wrote in a Truth Social post. “It will only get bigger, and the shock to them will be like nothing they have ever seen before.”
There are only a few days left for Biden to heed calls for clemency coming from a diverse array of rights groups.
Outgoing U.S. President Joe Biden announced commutations on Friday for approximately 2,500 people who have been convicted of non-violence drug crimes—a move that was cheered by rights groups and brings his total number of pardons and commutations to the highest of any president.
But Biden has so far stopped short of granting clemency to a number of high profile individuals whose cases—while all very different—have generated significant public interest and sympathy. They include: the former IRS contractor Charles Littlejohn, the environmental lawyer Steven Donziger, Indigenous activist Leonard Peltier, and WikiLeaks founder Julian Assange.
The cases have prompted a flurry of calls from various groups for Biden to take action on the cases before he hands over the White House to President-elect Donald Trump on January 20.
Littlejohn was sentenced in January 2024 to the five years in prison for unauthorized disclosure of tax information to the media. In 2020, The New York Times published a story based on information leaked by Littlejohn revealing that Trump paid only $750 in federal income taxes the year he won the presidency and in 2017. Later, journalists at ProPublica used documents made available by Littlejohn to report on how the wealthiest 25 individuals in America were able to get away with paying very little in income tax between 2014 and 2018.
Given the nature of his case, Kenny Stancil of the Revolving Door Project and Bob Lord of the Institute for Policy Studies, wrote in December that Littlejohn "very well could be on Trump's enemies list" and urged Biden to commute his sentence.
"The longer Littlejohn languishes in jail, the more he is at risk of retribution from Trump," wrote Stancil and Lord, who also highlight that Littlejohn was given the statutory maximum sentence for his crime.
On Thursday, millionaire Abigail Disney penned a defense of Littlejohn, writing that Biden should commute his sentence because he "did the nation a great service by spotlighting the urgent need for tax reform in a country being ripped apart by extreme and rising inequality."
Indigenous leaders and the human rights organization Amnesty International are calling for clemency for another man who is currently behind bars: the Indigenous rights activist Leonard Peltier, who was convicted in 1977 of having murdered two FBI agents and has spent the majority of his life in prison, despite concerns about the fairness of his trial and conviction.
Peltier had his request for parole and compassionate release denied last year, meaning clemency is "likely his only chance for freedom," according to Amnesty International.
"All of us see a little bit of ourselves in Leonard Peltier, and that's why we fight so hard for him," said Nick Tilsen, the founder and CEO of NDN Collective, an Indigenous rights group. "This is about paving a path forward that gives us the opportunity to have justice and begin to heal the relationship between the United States government and Indian people. And so, this decision is massive."
Meanwhile, 50 human rights and environmental groups sent a letter in early January to President Biden, urging him to pardon U.S. human rights lawyer Steven Donziger, who secured a multibillion settlement for Indigenous plaintiffs against Texaco (later acquired by Chevron) in an Ecuadoran court over the company's destructive oil pollution in the Amazon, but was later charged with criminal contempt of court in the U.S. for withholding evidence in a countersuit brought by Chevron. Donziger was disbarred in 2018, and then spent time in both prison and under house arrest.
Rep. Jim McGovern (D-Mass.), who has called for Donziger's pardon, recently told Democracy Now! that "Chevron has spent countless millions and millions of dollars going after Steven Donziger and not helping a single person in Ecuador deal with what they left behind. We have to stand up to corporate excesses in this country."
"If President Biden would pardon him, I think that would be a signal that maybe things are beginning to change," he added.
Also this week, press freedom and civil liberties organizations demanded that Biden pardon WikiLeaks founder and publisher Julian Assange, who last year—as a way to avoid extradition to the U.S. after languishing for years in a British prison—pleaded guilty to a felony charge under the U.S. Espionage Act of conspiring to obtain and disclose classified national military documents. Per the terms of the plea deal, he was allowed to return to his native Australia and is no longer incarcerated.
Freedom of the Press Foundation director of advocacy Seth Stern said in a statement Thursday that Assange's case "normalized the criminalization of work national security journalists do every day—talking to sources, obtaining documents from them, and publishing those documents."
"A pardon won't undo the harm the case has done to the free press or the chilling effect on journalists who now know their work can land them behind bars at the whim of the Department of Justice. But it will help reduce the damage," he said.
The former president, warned a broad rights coalition, "executed more people than the previous ten administrations combined."
A large and diverse coalition of broad coalition of rights organizations on Monday sent a letter to U.S. President Biden Monday, urging him to commute the sentences of all 40 individuals who are on federal death row.
The letter adds to a chorus of voices—including prosecutors and law enforcement officials—advocating for Biden to use his clemency powers to issue such commutations before he departs office.
The calls for Biden to issue pardons and commutations have only grown since the president issued a pardon for his son, clearing Hunter Biden of wrongdoing in any federal crimes he committed or may have committed in the last 11 years.
The joint letter to Biden was backed by over 130 organizations, including the ACLU, Brennan Center for Justice, and The Sentencing Project, commends his administration's "actions to repudiate capital punishment, including imposing a moratorium on executions for those sentenced to death, and for publicly calling for an end to the use of the death penalty during your 2020 campaign. In the face of a second Trump administration, more is necessary."
"President Trump executed more people than the previous ten administrations combined. Of those he executed, over half were people of color: six Black men and one Native American. The only irreversible action you can take to prevent President-elect Trump from renewing his execution spree, as he has vowed to do, is commuting the death sentences of those on federal death row now," the letter states.
The letter cites additional reasons that Biden ought to commute the sentences, including that the death penalty "has been rooted in slavery, lynchings, and white vigilantism."
A separate letter to Biden—sent in November by group of attorneys general, law enforcement officials, and others—argues that "condemning people to death by the state does not advance public safety. The death penalty fails as an effective deterrent and does not reduce crime. As an outdated, error-riddled, and racially-biased practice, its continued use—and the potential for its abuse—erodes public trust in the criminal legal system and undermines the legitimacy of the entire criminal legal system."
Matt Bruenig, president of the People's Policy Project think tank, directly tied Biden's inaction on this issue to the pardon he issued for his son in a blog post last week, writing that "if Biden does not act, there is little doubt that Trump will aggressively schedule executions in his next term. Their blood will primarily be on Trump's hands, but, if Biden does not act to prevent it, his hands will be bloody too."
The call for commutations for death row prisoners aligns with a wider push for the President to use his clemency powers before he leaves office.
Rep. Ayanna Pressley (D-Mass.), who has been particularly vocal on this issue, said Sunday on social media that President Biden "must use his clemency power to change lives for the better. And we have some ideas on who he can target: Folks in custody with unjustified sentencing disparities, the elderly and chronically ill, people on death row, women punished for crimes of their abusers, and more."
Pressley was one of over 60 members of Congress who sent a letter to Biden last month, encouraging Biden to intervene to help these groups.
Several lawmakers have specific pardons or commutations in mind, according to Axios. For example, Rep. Thomas Massie (R-Ky.) has urged Biden to pardon Julian Assange of WikiLeaks, and Rep. Alexandria Ocasio-Cortez (D-N.Y.) has called for a pardon of Indigenous activist Leonard Peltier, per Axios.
So far, Biden has granted far fewer clemency petitions (161 total) than former President Barrack Obama, according to the Department of Justice's Office of the Pardon Attorney, and a few dozen less than President-elect Trump did during his entire first presidency. However, in 2022, Biden did grant full and unconditional pardons to all U.S. citizens convicted of simple federal marijuana possession—a move that was cheered by advocates.
According to The New York Times, White House press secretary Karine Jean-Pierre said last week that Biden was expected to make more clemency announcements "at the end of his term."
"He's thinking through that process very thoroughly," she said.
Given what’s heading our way, we need a capacious view and robust defense of the First Amendment from all quarters—as we always have.
I thought I was done with free speech. For nearly two decades, I reported on it for the international magazine Index on Censorship. I wrote a book, Outspoken: Free Speech Stories, about controversies over it. I even sang “I Like to Be in America” at the top of my lungs at an around-the-clock banned-book event organized by the Boston Coalition for Freedom of Expression after the musical West Side Story was canceled at a local high school because of its demeaning stereotypes of Puerto Ricans. I was ready to move on. I was done.
As it happened, though, free speech—or, more accurately, attacks on it—wasn’t done with me, or with most Americans, as a matter of fact. On the contrary, efforts to stifle expression of all sorts keep popping up like Whac-A-Mole on steroids. Daily, we hear about another book pulled from a school; another protest closed down on a college campus; another university president bowing to alumni pressure; another journalist suspended over a post on social media; another politically outspoken artistdenied a spot in an exhibition; another young adult novel canceled for cultural insensitivity; another drag-queen story hour attacked at a library; another parent demanding control over how pronouns are used at school; another panic over the dangers lurking in AI; another op-ed fretting that even a passing acquaintance with the wrong word, picture, implication, or idea will puncture the fragile mental health of young people.
The instinct to cover other people’s mouths, eyes, and ears is ancient and persistent and not necessarily restricted to those we disagree with.
The list ranges from the ditzy to the draconian, and it’s very long. Even conduct can get ensnared in censorship battles, as abortion has over what information healthcare providers are allowed to offer or what information crisis pregnancy centers (whose purpose is to dissuade women from seeking abortions) can be required to offer. Looming over it all, we just had an election brimming with repellent utterances financed by gobs of corporate money, which, the Supreme Court ruled in its 2010 Citizens United decision, is a form of speech protected by the First Amendment.
I suspect that if you live long enough, everything begins to seem like a rerun (as much of this has for me). The actors may change—new groups of concerned moms replace old groups who called themselves concerned mothers; antiracists police academic speech, when once it was anti-porn feminists who did it; AI becomes the new Wild West, overtaking that lawless territory of yore, the World Wide Web—but the script is still the same.
It’s hard not to respond to the outrage du jour, and I’m finding perspective elusive in the aftermath of the latest disastrous election, but I do know this: The urge to censor will continue in old and new forms, regardless of who controls the White House. I don’t mean to be setting up a false equivalence here. The Trump presidency already looks primed to indulge his authoritarian proclivities and unleash mobs of freelance vigilantes, and that should frighten the hell out of all of us. I do mean to point out that the instinct to cover other people’s mouths, eyes, and ears is ancient and persistent and not necessarily restricted to those we disagree with. But now, of all times, given what’s heading our way, we need a capacious view and robust defense of the First Amendment from all quarters—as we always have.
In a succinct 45 words, the First Amendment protects citizens from governmental restrictions on religious practices, speech, the press, and public airings of grievances in that order. It sounds pretty good, doesn’t it? But if a devil is ever in the details, it’s here, and the courts have been trying to sort those out over the last century or more. Working against such protections are the many often insidious ways to stifle expression, disagreement, and protest—in other words, censorship. Long ago, American abolitionist and social reformer Frederick Douglass said, “Find out just what any people will quietly submit to, and you have found out the exact measure of injustice and wrong that will be imposed upon them.” It was a warning that the ensuing 167 years haven’t proven wrong.
Censorship is used against vulnerable people by those who have the power to do so. The role such power plays became apparent in the last days of the recent election campaign when The Washington Post and the Los Angeles Times, at the insistence of their owners, declined to endorse anyone for president. Commentary by those who still care what the news media does ranged from a twist of the knife into the Post‘s Orwellian slogan, “Democracy Dies in Darkness” to assessments of the purpose or value of endorsements in the first place. These weren’t the only papers not to endorse a presidential candidate, but it’s hard not to read the motivation of their billionaire owners, Jeff Bezos and Patrick Soon-Shiong, as cowardice and self-interest rather than the principles they claimed they were supporting.
Newspapers, print or digital, have always been gatekeepers of who and what gets covered, even as their influence has declined in the age of social media. Usually, political endorsements are crafted by editorial boards but are ultimately the prerogative of publishers. The obvious conflict of interest in each of those cases, however, speaks volumes about the drawback of news media being in the hands of ultra-rich individuals with competing business concerns.
Journalists already expect to be very vulnerable during Donald Trump’s next term as president. After all, he’s called them an “enemy of the people,” encouraged violence against them, and never made a secret of how he resents them, even as he’s also courted them relentlessly. During his administration, he seized the phone records of reporters at The New York Times, The Washington Post, and CNN; called for revoking the broadcast licenses of national news organizations; and vowed to jail journalists who refuse to identify their confidential sources, later tossing editors and publishers into that threatened mix for good measure.
It can be hard to tell if Trump means what he says or can even say what he means, but you can bet that, with an enemies list that makes President Richard Nixon look like a piker, he intends to try to hobble the press in multiple ways. There are limits to what any president can do in that realm, but while challenges to the First Amendment usually end up in the courts, in the time the cases take to be resolved, Trump can make the lives of journalists and publishers miserable indeed.
Among the threats keeping free press advocates up at night is abuse of the Espionage Act. That law dates from 1917 during World War I, when it was used to prosecute anti-draft and anti-war activists and is now used to prosecute government employees for revealing confidential information.
Before Trump himself was charged under the Espionage Act for illegally retaining classified documents at his Mar-a-Lago estate in Florida after he left office, his Justice Department used it to prosecute six people for disclosing classified information. That included Wikileaks founder Julian Assange on conspiracy charges—the first time the Espionage Act had ever been used against someone for simply publishing such information. The case continued under President Joe Biden until Assange’s plea deal this past summer, when he admitted guilt in conspiring to obtain and disclose confidential U.S. documents, thereby setting an unnerving precedent for our media future.
In his first term, Trump’s was a particularly leaky White House, but fewer leakers (or whistleblowers, depending on your perspective) were indicted under the Espionage Act then than during Barack Obama’s administration, which still holds the record with eight prosecutions, more than all previous presidencies combined. That set the tone for intolerance of leaks, while ensnaring journalists trying to protect their sources. In a notably durable case—it went on from 2008 to 2015—James Risen, then a New York Times reporter, fought the government’s insistence that he testify about a confidential source he used for a book about the CIA. Although Obama’s Justice Department ultimately withdrew its subpoena, Risen’s protracted legal battle clearly had a chilling effect (as it was undoubtedly meant to).
Governments of all political dispositions keep secrets and seldom look kindly on anyone who spills them. It is, however, the job of journalists to inform the public about what the government is doing and that, almost by definition, can involve delving into secrets. Journalists as a breed are not easily scared into silence, and no American journalist has been found guilty under the Espionage Act so far, but that law still remains a powerful tool of suppression, open to abuse by any president. It has historically made self-censorship on the part of reporters, editors, and publishers an appealing accommodation.
Years ago, the legal theorist Thomas Emerson pointed to how consistently expression has indeed been restricted during dark times in American history. He could, in fact, have been writing about the response to protests over the war in Gaza on American campuses, where restrictions came, not from a government hostile to unfettered inquiry, but from institutions whose purpose is supposedly to foster and promote it.
After a fractious spring, colleges and universities around the country were determined to restore order. Going into the fall semester, they changed rules, strengthened punishments, and increased the ways they monitored expressive activities. To be fair, many of them also declared their intention to maintain a climate of open discussion and learning. Left unsaid was their need to mollify their funders, including the federal government.
In a message sent to college and university presidents last April, the ACLU recognized the tough spot administrators were in and acknowledged the need for some restrictions, but also warned that “campus leaders must resist the pressures placed on them by politicians seeking to exploit campus tensions to advance their own notoriety or partisan agendas.”
The marginal might be—today or sometime in the future—what we ourselves want to say, support, or advocate.
As if in direct rebuttal, on Halloween, the newly philosemitic House Committee on Education and the Workforce issued its report on campus antisemitism. Harvard (whose previous president Claudine Gay had been forced out, in part, because of her testimony to the committee) played a large role in that report’s claims of rampant on-campus antisemitism and civil rights abuses. It charged that the school’s administration had fumbled its public statements, that its faculty had intervened “to prevent meaningful discipline,” and that Gay had “launched into a personal attack” on Rep. Elise Stefanik, a Republican committee member and Harvard graduate, at a Board of Overseers meeting. The report included emails and texts revealing school administrators tying themselves in knots over language that tried to appease everyone and ended up pleasing no one. The overarching tone of the report, though, was outrage that Gay and other university presidents didn’t show proper obeisance to the committee or rain sufficient punishment on their students’ heads.
Harvard continues to struggle. In September, a group of students staged a “study-in” at Widener, the school’s main library. Wearing keffiyehs, they worked silently at laptops bearing messages like “Israel bombs, Harvard pays.” The administration responded by barring a dozen protesters from that library (but not from accessing library materials) for two weeks, whereupon 30 professors staged their own “study-in” to protest the punishment and were similarly barred from the library.
The administration backed up its actions by pointing to an official statement from last January clarifying that protests are impermissible in several settings, including libraries, and maintained that the students had been forewarned. Moreover, civil disobedience comes with consequences. No doubt the protesters were testing the administration and, had they gotten no response, probably would have tried another provocation. As Harry Lewis, a former Harvard dean and current professor, told The Boston Globe, “Students will always outsmart you on regulating these things unless they buy into the principles.” Still, administrators had considerable leeway in deciding how to respond and they chose the punitive option.
Getting a buy-in sounds like what Wesleyan University President Michael Roth aimed for in a manifesto of sorts that he wrote last May, as students erected a protest encampment on his campus. Laying out his thinking on the importance of tolerating or even encouraging peaceful student protests over the war in Gaza, he wrote, “Neutrality is complicity,” adding, “I don’t get to choose the protesters’ messages. I do want to pay attention to them… How can I not respect students for paying attention to things that matter so much?” It was heartening to read.
Alas, the tolerance didn’t hold. In this political moment, it probably couldn’t. In September, Roth called in city police when students staged a sit-in at the university’s investment office just before a vote by its board of trustees on divesting from companies that support the Israeli military. Five students were placed on disciplinary probation for a year and, after a pro-divestment rally the next day, eight students received disciplinary charge letters for breaking a slew of rules.
The right to free expression is the one that other democratic rights we hold dear rely on. Respecting it allows us to find better resolutions to societal tensions and interpersonal dissonance than outlawing words. But the First Amendment comes with inherent contradictions so, bless its confusing little heart, it manages to piss off nearly everyone sooner or later. Self-protection is innate, tolerance an acquired taste.
One of the stumbling blocks is that the First Amendment defends speech we find odious along with speech we like, ideas that frighten us along with ideas we embrace, jack-booted marches along with pink-hatted ones. After all, popular speech doesn’t need protection. It’s the marginal stuff that does. But the marginal might be—today or sometime in the future—what we ourselves want to say, support, or advocate.
And so, I return to those long-ago banned book readings, which culminated with everyone reciting the First Amendment together, a tradition I continued with my journalism students whenever I taught about press freedoms. Speaking words out loud is different from reading them silently. You hear and know them, sometimes for what seems like the first time. Maybe that’s why our communal celebration of the First Amendment seemed to amuse, embarrass, and impress the students in unequal measure. I think they got it, though.
I recognize that this kind of exhortation is many planks short of a strategy, but it’s a place to start, especially in the age of Donald Trump, because, in the end, the best reason to embrace and protect the First Amendment is that we will miss it when it’s gone.
"I am not free today because the system worked," said Assange. "I am free today because after years of incarceration I pleaded guilty to journalism."
In his first public statement since being released from prison in June, WikiLeaks founder Julian Assange on Tuesday urged European lawmakers to take action to protect journalists from being prosecuted for their reporting work, warning that his yearslong case is directly tied to self-censorship and the chilling of press freedom.
Assange spoke to the Committee on Legal Affairs and Human Rights (PACE) at the Council of Europe, which includes members from across the continent, in Strasbourg, France, and warned that current legal protections for journalists and whistleblowers "were not effective in any remotely reasonable time," as evidenced by the 14 years he spent in prison or otherwise in confinement for his work.
"I want to be totally clear," said Assange. "I am not free today because the system worked. I am free today because after years of incarceration I pleaded guilty to journalism. I pleaded guilty to seeking information from a source."
Watch Assange's testimony below:
Assange was released from Belmarsh Prison in London in June after being incarcerated there for five years. His release was secured when he agreed to plead guilty to one felony count of illegally obtaining and disclosing national security materials in a deal with the U.S. government.
He had spent years fighting U.S. efforts to extradite him, threatening him with a sentence of up to 170 years in a federal prison, as punishment for state secrets WikiLeaks published.
The media organization reported on a series of leaks provided by former U.S. Army soldier Chelsea Manning regarding the Army's killing of unarmed civilians in Iraq, as well as publishing diplomatic cables.
"I was formally convicted by a foreign power for asking for receiving and publishing truthful information about that power, while I was in Europe," said Assange, who is Australian, on Tuesday. "The fundamental issue is simple: Journalists should not be prosecuted for doing their jobs."
Assange told PACE members that he had believed that Article 10 of European Convention of Human Rights, which protects the right to freedom of expression and freedom of the media, would protect him from prosecution.
"Similarly, looking at the U.S. First Amendment to its Constitution... No publisher had ever been prosecuted for publishing classified information from the United States," said Assange. "I expected some kind of harassment legal process. I was pre-prepared to fight for that."
He continued:
My naiveté was in believing in the law. When push comes to shove, laws are just pieces of paper and they can be reinterpreted for political expediency.
They are the rules made by the ruling class more broadly. And if those rules don't suit what it wants to do, it reinterprets them or hopefully changes them... In the case of the United States, we angered one of the constituent powers of the United States. The intelligence sector... It was powerful enough to push for a reinterpretation of the U.S. Constitution.
He said he ultimately "chose freedom over unrealizable justice," as the U.S. was intent on imprisoning him for the rest of his life unless he entered the guilty plea.
Assange added that his case set a "dangerous precedent," and that since his arrest he has observed "more impunity, more secrecy, more retaliation for telling the truth, and more self-censorship."
"It is hard not to draw a line from the U.S. government crossing the Rubicon by internationally criminalizing journalism to the chilled climate for freedom of expression now," said Assange.
His comments echoed the findings of Reporters Without Borders (RSF), which published its annual press freedom index in May. The group found that "in the Americas, the inability of journalists to cover subjects related to organized crime, corruption, or the environment for fear of reprisals poses a major problem."
The U.S. fell 10 places in the annual ranking, with citing "open antagonism from political officials" such as Republican presidential candidate Donald Trump, "including calls to jail journalists." RSF also cited the government's pursuit of Assange's extradition.
In Europe, said Assange on Tuesday, "the criminalization of news-gathering activities is a threat to investigative journalism everywhere."
"I criticized the Terrorism Act before getting on the plane, then got arrested under the Terrorism Act upon landing."
Richard Medhurst, a Syrian-British independent journalist who defends Palestinians' right to resist Israeli apartheid, occupation, and other crimes, said this week that he was recently arrested at London's Heathrow Airport and held for nearly 24 hours for allegedly running afoul of a highly controversial anti-terrorism law critics say is used to silence legitimate dissent.
Medhurst—who is known for his work opposing U.S., British, and Israeli war crimes in the Middle East and for his advocacy for formerly imprisoned WikiLeaks founder Julian Assange—said on social media Tuesday: "I criticized the Terrorism Act before getting on the plane, then got arrested under the Terrorism Act upon landing. Can't make this up."
In a nearly nine-minute video posted Monday night on X, the social network formerly known as Twitter, Medhurst said that "on Thursday, as I landed in London Heathrow Airport, I was immediately escorted off the plane by six police officers who were waiting for me at the entrance of the aircraft."
"They arrested me—not detained—they arrested me under Section 12 of the Terrorism Act of 2000 and accused me of allegedly 'expressing an opinion or belief that is supportive of a proscribed organization,' but wouldn't explain what this meant," he continued.
The controversial law criminalizes anyone who "invites support for a proscribed organization" or "expresses an opinion or belief that is supportive" of such a group. Violators can be punished with up to 14 years' imprisonment and a fine.
As Laura Tiernan explained Tuesday at World Socialist Web Site:
Introduced by [former U.K. Prime Minister] Tony Blair's Labour government, the act is a legal dragnet. In Medhurst's case, it appears that commentary defending the right of Palestinians under international law to resist foreign military occupation and genocide is being defined as support for terrorism.
Hamas is among the organizations proscribed as terrorist by the U.K. government. While its military wing was proscribed in 2001, Hamas was banned in its entirety in 2021, aimed at criminalizing support for the Palestinian people. The political wing of Hamas won elections held in Gaza in 2006 and the organization also oversees charitable work.
Medhurst said: "I categorically and utterly reject all the accusations by the police. I am not a terrorist. I have no criminal record. Prior to this incident, I'd never been detained in my entire life."
"I'm a product of the diplomatic community, and I'm raised to be anti-war," he explained. "Both of my parents won Nobel Peace Prizes for their work as United Nations peacekeepers. They had a tremendous effect on my worldview and outlook and instilled in me the importance of diplomacy, international law, and peace."
Medhurst said he was searched, handcuffed, and taken in a police van to a station where he was searched again, fingerprinted, photographed, and placed in solitary confinement. His phone and work equipment were seized. When he questioned why he'd been arrested, "the police would say something like: 'Well, we're just the arresting officers. We don't really know.'"
"No one in the world knew what had happened to me or where I was," he said. "I had to ask like four or five different guards for several hours until I finally received a call. In total, I spent almost 24 hours in detention. At no point whatsoever was I allowed to speak to a family member or a friend. After waiting 15 hours, I was finally interviewed by two detectives."
"I felt that the whole process was designed to humiliate, intimidate, and dehumanize me and treat me like a criminal, even though they must've been aware of my background and that I'm a journalist," Medhurst alleged. He contended that his arrest was "done on purpose to try and rattle me psychologically," and noted that "many people have been detained in Britain because of their connection to journalism."
He named Assange—who was freed in June following a plea deal with the U.S. government—as well as Scottish author Craig Murray, Grayzone correspondent Kit Clarenberg, and Glenn Greenwald's late partner, Brazilian politician David Miranda, as people who have been targeted for their political beliefs and expression.
"Freedom of the press, freedom of speech really are under attack," Medhurst warned in the video. "The state is cracking down and escalating to try and stop people from speaking out against our government's complicity in genocide."
Israel is currently on trial for genocide at the International Court of Justice over its 320-day assault on Gaza, which has killed more than 40,000 Palestinians, wounded at least 93,000 others, starved hundreds of thousands more, and obliterated the coastal enclave.
"We cannot call ourselves a democracy as long as reporters are dragged off of planes and detained and treated like murderers," Medhurst concluded. "I am disgusted that I am being politically persecuted in my own country."
My emotional relief at his escape from the clutches of this government far outweighs my feelings about the broader implications of the guilty plea, which has justifiably stirred concern and controversy.
fter twelve years — including five years of solitary confinement at Belmarsh Prison in London — Julian Assange is free. God bless America! He wasn’t extradited to the U.S. to stand trial, where he faced a sentence of 170 years in prison for violating the so-called Espionage Act.
Instead, he took a plea deal with the U.S. government, pleading guilty to one count of violating that act — you know, threatening America’s freedom — for which he had paid by his time already served. He was officially pronounced free at a U.S. federal court in Saipan, capital of the Northern Mariana Islands (a U.S. territory), after which he flew home to his wife and two children in Australia.
My emotional relief at his escape from the clutches of this government far outweighs my feelings about the broader implications of the guilty plea, which has justifiably stirred concern and controversy. The government got its little triumph: a “legal” acknowledgment of its right to keep monstrous secrets about what it does and punish any unauthorized spilling of the beans as “espionage.”
“He’s basically pleading guilty to things that journalists do all the time and need to do,” according to Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, quoted by the New York Times.
And Matt Taibbi said the decision “will remain a sword over the heads of anyone reporting on national security issues. Governments have no right to keep war crimes secret, but Assange’s 62-month stay in prison is starting to look like a template for Western prosecutions of such leaks.”
While such concerns are no doubt worrisome, I don’t think the legal system is a mechanism for seriously addressing them. Assange, the founder of WikiLeaks, was hardly an equal in this hellish controversy. He was in the legal crosshairs of the most powerful country on the planet, which he had had the nerve to defy, by publishing an enormous amount of “classified” — that is to say hidden — data, given to him by government-employed whistleblowers.
This is called journalism, no matter that part of the U.S. case against Assange was that he doesn’t count as a real journalist. Mainstream, corporate journalists know how to behave themselves, I guess. They’re far more likely to “respect” the do-not-cross lines the government establishes.
As I wrote in 2010, at the beginning of the WikiLeaks controversy: “In a time of endless war, when democracy is an orchestrated charade and citizen engagement is less welcome in the corridors of power than it has ever been, when the traditional checks and balances of government are in unchallenged collusion with one another, when the media act not as watchdogs of democracy but guard dogs of the interests and clichés of the status quo, we have WikiLeaks, disrupting the game of national security, ringing its bell, changing the rules.”
As long as “national security” includes the waging of war, honest — a.k.a., real — journalism will be a nuisance to those in charge, because it includes actual reportage, not simply press-releases and public-relations blather. In the real world, war equals murder. War is not an abstract game of strategy and tactics. War itself is a “war crime” — especially when it’s waged not to gain freedom from an oppressor but to maintain control over the oppressed.
WikiLeaks releases were outrageous acts of espionage — from a war-waging government’s point of view — because the data was raw, real and unsanitized. They included 90,000 classified documents on the US war in Afghanistan and nearly 400,000 secret files on the Iraq war, which . . . uh, bled beyond the official propaganda and, among other things, showed that civilian deaths in the two wars were, according to Al-Jazeera, “much higher than the numbers being reported.”
In addition, WikiLeaks released data that, as Al-Jazeera noted, “unearthed how the Geneva Conventions were being violated routinely in the Guantanamo Bay prison in Cuba. The documents, dating from 2002 to 2008 showed the abuse of 800 prisoners, some of them as young as 14.”
And then, of course, there was the infamous “collateral murder” video, which showed a U.S. helicopter firing at people on a street in Baghdad, killing seven of them, including a Reuters journalist, and wounding a number of others, including two children, who were sitting in a van that had pulled up to aid the wounded people in the street. And all this happened as helicopter crew members snickered about the deaths. This was the United States in full view, waging its “war on terror” by unleashing terror at the level only a superpower could commit.
Showing snippets of truth about the war on terror is Julian Assange’s crime: his act of espionage. And I get the government’s point of view. Assange put war itself into the forefront of collective human awareness — as a hideous reality, not a political abstraction. What he did bears striking similarity to what Emmett Till’s mother did. She exposed the raw horror of Southern racism by insisting that her son, a 14-year-old boy who was beaten and drowned by Mississippi racists for allegedly speaking to a white woman, have a public funeral with an open casket, so the whole world could see what had been done to him. This was in 1955. Not long afterward, the Civil Rights Movement was fully underway.
Human evolution isn’t a legal issue, decided by the courts. It involves humanity facing and transcending its own dark side, which can be a messy and chaotic process. This is the nature of truth.
The end of the legal saga for the Wikileaks' founder should not be seen as the end. It should be seen as a warning.
CD editor's note: The original Swedish language version of this op-ed first appeared in Sweden's Dagens Nyheter newspaper and this English translation is provided by the author.
After fifteen years, it appears that the Julian Assange case has reached a conclusion. But, as with almost everything to do with Assange, that conclusion may end up creating more problems than it solves, and raising more questions than it answers.
This was man who, on the back of material leaked by whistleblower Chelsea Manning, and by leveraging the possibilities presented by rapidly-evolving digital technologies, challenged the might of the U.S. military and the authority of the U.S. government. And, he did so through an innovative collaboration between WikiLeaks and major European and U.S. news outlets that for a brief period suggested the possibility of a new model for whistleblowing, data-gathering, and journalism.
The conclusion to the Assange case sends a clear and chilling message to journalists around the world... that you challenge U.S. power at your own peril.
WikiLeaks released the Collateral Murder video, showing a U.S. attack helicopter killing people in Baghdad, including two Reuters journalists. Some of those killed were blown to pieces as they lay injured on the ground. U.S. politicians and commentators, Democrats and Republicans alike, saw Assange and WikiLeaks as the enemy and as people who should, at best, be tried for espionage or treason or, at worst, assassinated. In 2010, none other than Donald Trump said there should be the “death penalty” for what WikiLeaks had done.
Then, the tide turned. In multiple directions. Because, after all, this was Assange.
The allegations of sexual assault made in Sweden in 2010 marked the start of a period where the support Assange and WikiLeaks had developed among some progressives rapidly began to fade. No charges were ever leveled against Assange for sexual assault or rape, but the fallout from the incident was stark. Assange called Sweden “the Saudi Arabia of feminism,” and his followers smeared his accusers as being lying tools of the U.S. government who had set Assange up. The misogyny was obvious and aggressive.
Assange sought asylum in the Ecuadorian embassy in London, and the Ecuadorian embassy years saw WikiLeaks rapidly disintegrate into a farcical side-show, marked by an increasingly close relationship between the Trump administration, a clear opposition to Hillary Clinton, the amplification of right-wing conspiracy theories and potentially dangerous acts such as linking to unredacted emails revealing private information about female voters in Turkey.
Assange, once considered by many to be a symbol of transparency, anti-Americanism and anti-militarism was now seen as doing the bidding of elites on the U.S. political right. He was hailed by right-wing politicians and commentators such as Tucker Carlson. In 2016, Trump, who just six years earlier said Assange and Manning should be put to death, now said, “I love WikiLeaks.”
The WikiLeaks account on Twitter became a steady mix of opinion, hyperbole, half-truths, and disinformation. The lifeblood of organizations that work with whistleblowers is a combination of trust, competence, and solidity. But, just the few short years after the leak of material from Chelsea Manning that shook the U.S. establishment and led to thousands of news articles across the globe, it was impossible to imagine any serious whistleblower deciding to work with WikiLeaks.
So, when Assange faced extradition to the U.S. to stand trial for his role in obtaining and publishing the material from Chelsea Manning, many shrugged their shoulders. The Assange/WikiLeaks image had been permanently tarnished. If he wasn’t guilty of espionage, the reasoning went, then the sexual assault allegations, the suggested support for Trump and the disintegration of WikiLeaks into amplifying right-wing conspiracy theories clearly made him unworthy of sympathy or attention.
And yet.
All of the distaste for Assange the person, and for what WikiLeaks had become in the years after the Manning leaks, overshadowed a fundamental yet powerful truth. The Assange case was, and is, absolutely fundamental to the working of critical investigative journalism in the U.S. and globally. Whatever dislike one may have for Assange or WikiLeaks, the fact remains that his pleading guilty to one felony count of "conspiring to unlawfully obtain and disseminate classified information relating to the national defense of the U.S." might enable Assange to leave prison, but is nevertheless a victory for the United States government and military, and a loss for freedom of information and the critical examination of power.
The conclusion to the Assange case sends a clear and chilling message to journalists around the world—Assange isn’t American, remember—that you challenge U.S. power at your own peril. This, in turn, sends a message to citizens that they are not worthy of knowing what the state does in their name. Which is pretty ironic, given that democracy is supposed to be about the rule of the people.
So, the end of the Assange case has given us one final twist, namely that the end is not the end.
It’s a warning.
"Make no mistake, the vital work of national security journalists will be more difficult today than it was yesterday."
Amid celebrations that a plea deal with the United States resulted in the release of WikiLeaks founder Julian Assange from a British prison, press freedom advocates on Tuesday continued to raise serious concerns about the damage done by the U.S. government's pursuit of a journalist who helped expose state secrets and evidence of war crimes.
"Julian Assange faced a prosecution that had grave implications for journalists and press freedom worldwide," said Jodie Ginsberg, CEO of the Committee to Protect Journalists, following news of the deal.
"While we welcome the end of his detention," Ginsberg added, "the U.S.'s pursuit of Assange has set a harmful legal precedent by opening the way for journalists to be tried under the Espionage Act if they receive classified material from whistleblowers. This should never have been the case."
After spending seven years in the Ecuadorian Embassy in the United Kingdom and then five more in the London's Belmarsh Prison, Assange agreed to plead guilty to one felony to avoid more time behind bars. The 52-year-old Australian was fighting against his extradition to the United States, where he faced 18 charges under the Espionage Act and a federal computer fraud law for publishing classified material and could have been locked up for the rest of his life.
"With today's guilty plea, Julian Assange stands convicted of practicing journalism, and all investigative journalists now face greater legal peril."
"We are hugely relieved that Julian Assange is finally free—a long overdue victory for journalism and press freedom. He never should have spent a single day deprived of his liberty for publishing information in the public interest," said Rebecca Vincent, Reporters Without Borders' director of campaigns, in a statement.
"Nothing can undo the past 13 years, but it is never too late to do the right thing, and we welcome this move by the U.S. government," she added. "We will continue to campaign in support of journalists around the world who find themselves targeted for national security reporting, and for reform of the U.S. Espionage Act, so that it can never again be used to target journalistic activity."
Vincent's group is among several press freedom and human rights organizations that had long called for the U.S. Department of Justice to drop the charges against Assange—and after news of the plea deal broke, several others warned of what is to come.
Amnesty International secretary general Agnès Callamard celebrated what the deal will mean for the WikiLeaks founder and his family—including his wife Stella Assange, who plans to seek a pardon for her husband, and their young children—but said Tuesday that "the yearslong global spectacle of the U.S. authorities hell-bent on violating press freedom and freedom of expression by making an example of Assange for exposing alleged war crimes committed by the USA has undoubtedly done historic damage."
"Amnesty International salutes the work of Julian Assange's family, campaigners, lawyers, press freedom organizations, and many within the media community and beyond who have stood by him and the fundamental principles that should govern society's right and access to information and justice," she added. "We will keep fighting for their full recognition and respect by all."
Not all journalists and media outlets defended Assange, despite the precedent that his conviction could have set, and multiple Monday headlines—including at The Associated Press, The New York Times, and The Washington Post—highlighted his guilty plea. According to the BBC, Assange plans to return to Australia after finalizing the deal in the Northern Mariana Islands, a U.S. commonwealth.
"A plea deal would avert the worst-case scenario for press freedom, but this deal contemplates that Assange will have served five years in prison for activities that journalists engage in every day," said Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University. "It will cast a long shadow over the most important kinds of journalism, not just in this country but around the world."
Ben Wizner, director of the ACLU Speech, Privacy, and Technology Project, emphasized that "with today's guilty plea, Julian Assange stands convicted of practicing journalism, and all investigative journalists now face greater legal peril."
"Exposing government secrets and revealing them in the public interest is the core function of national security journalism," Wizner continued. "Today, for the first time, that activity was described in a guilty plea as a criminal conspiracy. And even if the current Department of Justice stays true to its assurances that the Assange case is unique and will not provide a precedent to be wielded against other publishers, we can't be confident that future administrations will honor that commitment."
"The precedent set by this guilty plea would have been far more dangerous had it been ratified by federal courts," he added. "But make no mistake, the vital work of national security journalists will be more difficult today than it was yesterday."
"Just imagine what an attorney general in a second Trump administration will think, knowing they've already got one guilty plea from a publisher under the Espionage Act."
Seth Stern, director of advocacy for Freedom of the Press Foundation (FPF), also looked to the future, tying Assange's deal to the November U.S. election in which Democratic President Joe Biden is set to face former Republican President Donald Trump.
The current administration "could have distinguished itself from Donald Trump, Biden's openly anti-press electoral opponent, whose administration first indicted Assange," Stern noted in a piece for the Daily Beast. "It could have dropped the case."
Instead, the Biden administration opted for a plea deal that "does not add any more prison time or punishment for Assange," Stern stressed, echoing his initial statement on the news. "Its only impact will be to legitimize the criminalization of routine journalistic conduct and encourage future administrations to follow suit—including a potential second Trump administration."
In a Tuesday opinion piece for The Guardian, FPF executive director Trevor Timm wrote: "Just imagine what an attorney general in a second Trump administration will think, knowing they've already got one guilty plea from a publisher under the Espionage Act. Trump, after all, has been out on the campaign trail repeatedly opining about how he would like to see journalists—who he sees as 'enemies of the people'—in jail. Why the Biden administration would hand him any ammo is beyond belief."
"So if the Biden administration is looking for plaudits for ending this case, they should get exactly none," Timm asserted. "Now we can only hope this case is an aberration and not a harbinger of things to come."
"We thank all who stood by us, fought for us, and remained utterly committed in the fight for his freedom," said WikiLeaks. "Julian's freedom is our freedom."
WikiLeaks founder Julian Assange on Monday reached a deal with the U.S. government, agreeing to plead guilty to one felony related to the disclosure of national security information in exchange for his release from Belmarsh Prison in the United Kingdom.
A related document was filed in federal court in the Northern Mariana Islands, a U.S. commonwealth. Under the plea agreement, which must still be approved by a judge, the Department of Justice (DOJ) will seek a 62-month sentence, equal to the time that the 52-year-old Australian has served in the U.K. prison while battling his extradition to the United States.
Assange faced the risk of spending the rest of his life in U.S. prison if convicted of Espionage Act and Computer Fraud and Abuse Act charges for publishing classified material including the "Collateral Murder" video and the Afghan and Iraq war logs. Before Belmarsh, he spent seven years in the Ecuadorian Embassy in London with asylum protections.
"Julian Assange is free," WikiLeaks declared on the social media platform X, confirming that he left Belmarsh Monday "after having spent 1,901 days there," locked in a small cell for 23 hours a day.
"He was granted bail by the High Court in London and was released at Stanstead Airport during the afternoon, where he boarded a plane and departed the U.K.," WikiLeaks said. "This is the result of a global campaign that spanned grassroots organizers, press freedom campaigners, legislators, and leaders from across the political spectrum, all the way to the United Nations."
"He will soon reunite with his wife Stella Assange, and their children, who have only known their father from behind bars," the group continued. "WikiLeaks published groundbreaking stories of government corruption and human rights abuses, holding the powerful accountable for their actions. As editor-in-chief, Julian paid severely for these principles, and for the people's right to know. As he returns to Australia, we thank all who stood by us, fought for us, and remained utterly committed in the fight for his freedom. Julian's freedom is our freedom."
The news of Assange's release was celebrated by people around the world, who also blasted the U.S. for continuing to pursue charges against him and the U.K. for going along with it.
"Takeaway from the 12 years of Assange persecution: We need a world where independent journalists work in freedom and top war criminals go to prison—not the other way around," the progressive advocacy group and longtime Assange supporter RootsAction said on social media.
Seth Stern, advocacy director at the Freedom of the Press Foundation, said that "it's good news that the DOJ is putting an end to this embarrassing saga. But it's alarming that the Biden administration felt the need to extract a guilty plea for the purported crime of obtaining and publishing government secrets."
"That's what investigative journalists do every day," Stern noted. "The plea deal won't have the precedential effect of a court ruling, but it will still hang over the heads of national security reporters for years to come. The deal doesn't add any more prison time or punishment for Assange. It's purely symbolic."
"The administration could've easily just dropped the case but chose to instead legitimize the criminalization of routine journalistic conduct and encourage future administrations to follow suit," he added. "And they made that choice knowing that [former U.S. President] Donald Trump would love nothing more than to find a way to throw journalists in jail."
Leftist Colombian President Gustavo Petro said in a statement: "I congratulate Julian Assange on his freedom. Assange's eternal imprisonment and torture was an attack on press freedom on a global scale. Denouncing the massacre of civilians in Iraq by the U.S. war machine was his 'crime'; now the massacre is repeated in Gaza I invite Julian and his wife Stella to visit Colombia and let's take action for true freedom."
Australian Greens leader Adam Bandt, who represents Melbourne in Parliament, said on social media that "Julian Assange will finally be free. While great news, this has been over a decade of his life wasted by U.S. overreach."
"Journalism is not a crime," Bandt added. "Pursuing Assange was anti-democratic, anti-press freedom, and the charges should have been dropped."
After more than five years in the maximum-security Belmarsh Prison in the UK, WikiLeaks founder Julian Assange reached a plea deal with the U.S. government. The deal allows for his release and return to his home country of Australia after a formal sentencing at a US court in the… pic.twitter.com/5S3xdbZnG2
— CODEPINK (@codepink) June 25, 2024
The women-led peace group CodePink said in a statement:
Without Julian Assange's critical journalism, the world would know a lot less about war crimes committed by the United States and its allies. He is the reason so many anti-war organizations like ours have the proof we need to fight the war machine in the belly of the beast. CodePink celebrates Julian's release and commends his brave journalism.
One of the most horrific videos published by WikiLeaks was called "Collateral Murder," footage of the U.S. military opening fire on a group of unarmed civilians—including Reuters journalists—in Baghdad. While Julian has been in captivity for the past 14 years, the war criminals that destroyed Iraq walked free. Many are still in government positions today or living off the profits of weapons contracts.
While Julian pleads guilty to espionage—we uphold him as a giant of journalistic integrity.
Vahid Razavi, founder of Ethics in Tech and host of multiple NSA Comedy Nights focusing on government mass surveillance, told Common Dreams that "they took a hero and turned him into a criminal."
"Meanwhile, all of the war criminals in the files exposed by WikiLeaks via Chelsea Manning are free and never faced any punishment or even their day in court," he added. "You can kill journalists with impunity, just like Israel is doing right now in Gaza."
Former United Nations human rights official Craig Mokhiber, who
resigned from his job last year over the world body's refusal to prevent Israel's slaughter of Palestinian civilians in Gaza, said on social media that "political prisoner Julian Assange, persecuted for years for the crime of journalism, simply for telling the truth about U.S. war crimes, is free."
Mokhiber hailed what he called "a moment of light in an age of darkness."
British journalist Afshin Rattansi said, "Let no one think that any of us will ever forget what the British state did to the most famous journalist of his generation."
"They tortured him—according to the United Nations special rapporteur on torture—at the behest of the United States," Rattansi noted.
Andrew Kennis, a professor of journalism and social media at Rutgers University, told Common Dreams that "Julian Assange is nothing less than the Daniel Ellsberg of our time."
"His journalism revealed more war crimes by the U.S. than any other publisher in the world, and far more extensively than what Ellsberg was able to pull off with a photocopy machine," he added. "But as opposed to receiving a deserved pardon... the persecution of Assange has been indicative of the guiding principle of U.S. foreign policy these days: Prosecute the whistleblowers exposing war crimes while funding Israeli war criminals in an ongoing attempt at genocide against occupied Palestine."