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The British home secretary has formally approved the extradition of WikiLeaks publisher Julian Assange to the United States, in the latest development in a dangerous and misguided criminal prosecution that has the potential to criminalize national security journalism in the United States.
This is one more troubling development in a case that could upend journalists' rights in the 21st century.
Previously, a major coalition of civil liberties organizations, including Freedom of the Press Foundation, implored U.S. Attorney General Merrick Garland to drop the case against Assange in the name of protecting the rights of journalists everywhere. So, too, have the editors of major news outlets such as The New York Times and Washington Post.
By continuing to extradite Assange, the Biden DOJ is ignoring the dire warnings of virtually every major civil liberties and human rights organization in the country that the case will do irreparable damage to basic press freedom rights of U.S. reporters.
The prosecution, which includes 17 charges under the Espionage Act and one under the Computer Fraud and Abuse Act, covers events that took place more than a decade ago, but was brought only under the Trump administration--after the Obama Department of Justice reportedly considered charges but dismissed them for their dangerous First Amendment implications.
Reports suggest Assange may have at least one more avenue of appeal, so he may not be on a flight to the United States just yet. But this is one more troubling development in a case that could upend journalists' rights in the 21st century.
You don't have to like Assange or his political opinions at all to grasp the dangerous nature of this case for journalists everywhere, either. Even if you don't consider him a "journalist," much of the activity described in the charges against him is common newsgathering practices. A successful conviction would potentially make receiving classified information, asking for sources for more information, and publishing certain types of classified information a crime. Journalists, of course, engage in all these activities regularly.
You don't have to like Assange or his political opinions at all to grasp the dangerous nature of this case for journalists everywhere.
There is some historical irony in the fact that this extradition announcement falls during the anniversary of the Pentagon Papers trial, which began with the Times publication of stories based on the legendary leak on June 13, 1971, and continued through the seminal Supreme Court opinion rejecting prior restraint on June 30, 1971.
In the months and years following that debacle, whistleblower (and FPF co-founder) Daniel Ellsberg became the first journalistic source to be charged under the Espionage Act. What many do not know is that the Nixon administration attempted to prosecute Times reporter Neil Sheehan for receiving the Pentagon Papers as well--under a very similar legal theory the Justice Department is using against Assange.
Thankfully, that prosecution failed. And until this one does too, we continue to urge the Biden administration to drop this prosecution. Every day it continues to further undermine the First Amendment.
After several days of global outrage over footage of mounted U.S. agents using their horse reins as whips and menacing Black migrants at the southern border, President Joe Biden on Friday finally condemned the conduct, while his administration continued mass deportations to Haiti.
A reporter asked the president whether he takes responsibility for the "chaos that's unfolding" at the border and if he was failing to deliver on his campaign promise to restore the moral standing of the United States, in part by ending the Trump administration's immigration policies.
"Of course I take responsibility. I'm president," Biden said, adding that it was "horrible... to see people treated like they did: horses nearly running them over and people being strapped. It's outrageous."
"I promise you, those people will pay," he said of the mounted agents, noting that a federal investigation is underway. "There will be consequences. It's an embarrassment. But beyond an embarrassment, it's dangerous; it's wrong. It sends the wrong message around the world. It sends the wrong message at home. It's simply not who we are."
\u201cI'm heartbroken by the treatment of Haitian migrants at our border \u2014 and I acknowledge it is only the latest of many historic indignities that Haitians have faced. We will continue to offer assistance and investigate wrongdoing. I remain committed, as ever, to Haiti's future.\u201d— President Biden (@President Biden) 1632512546
Biden had been under pressure to speak out about the U.S. Customs and Border Protection (CBP) agents' recent actions at the border.
"The horrific conduct by CBP in Del Rio, Texas, including officers charging into crowds of Haitian asylum-seekers on horseback, violently dispersing them, taunting them, and forcing them away from safety, is reprehensible and underscores a deeper problem of systemic and racist treatment against Haitian and other Black migrants in the U.S. and at the southern border," said Paul O'Brien, executive director at Amnesty International USA.
Former 2020 Democratic presidential candidate Julian Castro said Friday that "I'm glad to see President Biden speak out about the mistreatment of Haitian asylum-seekers."
"But his administration's use of Title 42 to deny them the right to make an asylum claim is a much bigger issue. End Title 42," Castro added, referring to a controversial policy first implemented under former President Donald Trump that the Biden administration is still using to swiftly deport people on public health grounds due to the Covid-19 pandemic.
Castro, on Thursday, had slammed Biden's silence about the CBP agents as "baffling and disappointing," and said--referring to one of Trump's senior advisers--that "this administration's use of Stephen Miller's Title 42 policy is a terrible error--in more ways than one. It should end."
Responding to Biden's Friday comments, the humanitarian aid group No More Deaths said that federal agents attack migrants "every day in the remote desert, away from cameras," and that "the problem isn't a few bad apples... it's a system rotten to the core."
During a Friday afternoon press conference at the White House, U.S. Homeland Security Secretary Alejandro Mayorkas addressed the agents' actions and the resulting investigation.
The secretary explained that the use of horse patrol units has been halted in the area, at least for now, and "the agents involved in these incidents have been assigned to administrative duties and are not interacting with migrants while the investigation is ongoing."
He also confirmed there are no more migrants at the encampment in Del Rio, Texas, where about 15,000 people, mostly Haitians, had gathered days earlier to seek asylum. The Biden administration has faced criticism for responding by ramping up deportations.
Daniel Foote, the administration's special envoy to Haiti, resigned in a Wednesday letter that highlighted the current conditions of the Caribbean country, which is still reeling from the July assassination of former President Jovenel Moise that was followed by an earthquake and tropical storm.
Foote wrote that he will not be associated with the "inhumane, counterproductive decision to deport thousands of Haitian refugees and illegal immigrants to Haiti, a country where American officials are confined to secure compounds because of the danger posed by armed gangs," adding that the Biden administration's "policy approach to Haiti remains deeply flawed, and my recommendations have been ignored and dismissed."
The Associated Press reports that "a U.S. official with direct knowledge of the situation said six flights were scheduled to Haiti on Friday, with seven planned Saturday and six Sunday, though that was subject to change. The official was not authorized to speak publicly."
Mayorkas said that as of Friday, about 2,000 people had been deported to Haiti over the past week on 17 expulsion flights; another 12,400 migrants will have their cases heard by an immigration judge; and 5,000 are being processed by the Department of Homeland Security.
The DHS chief also noted the limitations of the U.S. asylum system and defended the administration's Title 42 expulsions, declaring that it's a "public health imperative" not an immigration policy and has been broadly applied to migrants regardless of their home country.
"Title 42 inflicts immense harm--stranding asylum-seekers in grave danger where they are targets of brutal kidnappings and attacks, turning away Black and LGBTQ asylum-seekers to suffer bias-motivated violence, separating families, and endangering public health," Human Rights First tweeted Friday, calling on Biden to scrap the policy, which his administration is currently defending in federal court.
Noting the dire conditions in Haiti, Amnesty's O'Brien said that "these mass deportations demonstrate that the government is not committed to upholding the rights and well-being of the asylum-seekers they are sending back to danger."
"The U.S. government has a moral and legal responsibility to welcome Haitians and all people who have fled their homes in search of safety," he added, "and the Biden administration can and must do better."
Following intense pushback from migrant rights campaigners and progressive politicians after President Joe Biden said last month that he would continue his predecessor's historically low refugee cap, the White House on Monday officially announced it would more than quadruple the number of refugees allowed into the United States this year--while also acknowledging that the actual number of people admitted would fall short of the ceiling.
"Welcoming refugees is not only a moral imperative, but also promotes U.S. national security, bolsters our economy, enriches our communities, and demonstrates that we're willing to work together with other governments."
--Eric P. Schwartz,
Refugees International
"I am revising the United States' annual refugee admissions cap to 62,500 for this fiscal year," Biden said in an executive memorandum. "This erases the historically low number set by the previous administration of 15,000, which did not reflect America's values as a nation that welcomes and supports refugees."
In a separate statement, Biden said that "we are going to rebuild what has been broken and push hard to complete the rigorous screening process for those refugees already in the pipeline for admission."
However, the president warned that while his administration is "working quickly to undo the damage of the last four years" under former President Donald Trump, "the sad truth is that we will not achieve 62,500 admissions this year."
\u201cThe U.S. Refugee Admissions Program embodies our commitment to protect the most vulnerable. It\u2019s a statement about who we are, and who we want to be. That\u2019s why today, I revised our annual cap from 15,000 \u2014 a historic low set by the previous administration \u2014 to 62,500.\u201d— President Biden (@President Biden) 1620084309
Biden reiterated his "commitment to the goal of 125,000 refugee admissions" in the first fiscal year of his presidency. Although that figure is more than 10 times the number of refugess actually admitted into the U.S. last year and represents the highest ceiling since 1993, it is still much lower than the inaugural cap of 231,700 set for 1980, the final full year of Jimmy Carter's presidency and the height of the migrant crisis that followed the end of the Vietnam War and the Cambodian genocide.
The new ceiling will open the door to more refugees from Africa, Central America, and the Middle East, a stark departure from Trump's frequent disparagement of Global South nations, some of which he once called "shithole countries."
The International Rescue Committee (IRC) lamented that the Biden administration had so far only resettled 2,050 refugees in the United States this year. However, the New York-based nonprofit welcomed Monday's White House announcement, calling it "a step towards rebuilding America's welcome."
\u201cGOOD NEWS: President Biden has raised refugee admissions to 62,500 for FY21. \ud83d\udc4f\n\nWe stand for a US, and world, that makes #RefugeesWelcome\u2014always. This announcement doesn't not just fulfil a promise; it's a step towards rebuilding America's welcome. More: https://t.co/iAgIT8gw8m\u201d— IRC - International Rescue Committee (@IRC - International Rescue Committee) 1620073531
Other advocacy groups and progressive politicians also praised the administration's move. Eric P. Schwartz, president of Refugees International, called Biden's move "a profoundly important step" that will "pave the way for the administration to make good on its commitment to rebuild the U.S. refugee admissions program and restore U.S. leadership on this critical issue."
"This is a proud and historic moment," added Schwartz. "At a time of great humanitarian need, welcoming refugees is not only a moral imperative, but also promotes U.S. national security, bolsters our economy, enriches our communities, and demonstrates that we're willing to work together with other governments on some of the world's most complex problems."
\u201cDonald Trump\u2019s decision to slash the number of refugees allowed into the country wasn\u2019t just bad policy \u2013 it was a moral failure. I\u2019m very glad the Biden administration is raising the admissions cap to help people fleeing violence and persecution. https://t.co/aoH4rJnoTv\u201d— Elizabeth Warren (@Elizabeth Warren) 1620083722
\u201cGlad to see President Biden lift the refugee cap for this year.\u00a0 \n\nAmerica can and should offer a new start for people fleeing conflict and persecution.\u201d— Rep. Barbara Lee (@Rep. Barbara Lee) 1620083177
Andrew Albertson, executive director at Foreign Policy America, said in a statement that "the most powerful thing we can do as a country is to lead by example."
Obama-era Housing and Urban Development secretary and 2020 Democratic presidential candidate Julian Castro tweeted that "the U.S. has always been a place of refuge and opportunity for those escaping violence and persecution. Trump tried to end that legacy. I'm glad the Biden-Harris administration is working to reverse the damage he's done."