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The final chapter in a 14-year legal odyssey: Why is Julian Assange flying to remote island of Saipan in the Pacific?

FP Explainers June 25, 2024, 12:57:04 IST

WikiLeaks founder Julian Assange is currently headed to a courtroom on the Pacific island of Saipan, where he is anticipated to enter a guilty plea on Wednesday for a single criminal charge. This plea deal is expected to result in his release, allowing him to return to Australia, his home country, after a lengthy legal journey spanning 14 years

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WikiLeaks founder Julian Assange holds a document at a location given as London, Britain, in this still image from video released on 25 June, 2024. X/wikileaks via Reuters
WikiLeaks founder Julian Assange holds a document at a location given as London, Britain, in this still image from video released on 25 June, 2024. X/wikileaks via Reuters

A plane, thought to be transporting Julian Assange, touched down in Bangkok on Tuesday. The WikiLeaks founder is en route to enter a plea deal with the US government, which is expected to secure his release and conclude a prolonged legal battle that has spanned multiple years and continents due to the publication of a vast collection of classified documents.

The chartered flight, VJT199, landed shortly after noon at Don Mueang International Airport, situated north of the Thai capital. It remains uncertain whether the plane was merely refueling or what the subsequent travel arrangements for Assange entail as he proceeds to Saipan, the capital of the Northern Mariana Islands, a US commonwealth in the Western Pacific, where he is scheduled to appear in court on Wednesday morning local time.

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According to a letter filed by the US Justice Department, Assange is anticipated to plead guilty to an Espionage Act charge for conspiring to unlawfully obtain and disseminate classified national defence information

Why Saipan?

The US commonwealth of Saipan is in the western Pacific, and lies about 70 kilometers north of Guam and consists of 14 islands. Saipan, like other US territories such as Guam or Puerto Rico, is part of the United States but lacks full state status. Its residents are US citizens but cannot vote in presidential elections.

Crucially, it hosts US district courts, which makes it a suitable location for Assange’s legal proceedings. According to US prosecutors, Assange’s preference for a court close to his home in Australia, yet not on the continental United States, led to the selection of Saipan.

WikiLeaks founder Julian Assange boards a plane at a location given as London, Britain, in this still image from video released on 25 June, 2024. X/wikileaks via Reuters

“He has to front up to charges that have been brought under US law,” Emily Crawford, a professor at the University of Sydney’s law school told Reuters. “It had to be US territory but it had to be the US territory closest to Australia that wasn’t a US state like Hawaii.”

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What is the plea deal?

The US Justice Department has confirmed that Assange will plead guilty to an Espionage Act charge of conspiring to unlawfully obtain and disseminate classified national defence information. He will be sentenced to 62 months, which he has already served. If the judge approves his plea, Assange is expected to return to Australia after the hearing.

WikiLeaks confirmed Assange’s departure from the British prison where he has spent the last five years. The organisation expressed gratitude for the support during his fight for freedom.

“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,” WikiLeaks said in a statement.

This court artist sketch by Elizabeth Cook of barrister Edward Fitzgerald, centre, standing, Julian Assange’s father John Shipton, second left, and Julian Assange’s wife Stella Assange at the Royal Courts of Justice in London, 20 May, 2024. AP

Australian Prime Minister Anthony Albanese, who has been lobbying for the US to end its prosecution of Assange, stated, “Regardless of the views that people have about Mr. Assange’s activities, the case has dragged on for too long. There’s nothing to be gained by his continued incarceration and we want him brought home to Australia.”

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How did the legal saga begin?

Assange’s legal troubles began in 2010 when WikiLeaks released a series of posts that included nearly half a million documents related to the US wars in Iraq and Afghanistan. This disclosure led to an international arrest warrant issued by Swedish police in November 2010.

Assange surrendered to police in London in December 2010 and was detained pending an extradition hearing. The High Court granted him bail, but a district court in Britain ruled that he should be extradited to Sweden.

A car with a message in support of WikiLeaks founder Julian Assange drives in front of the High Court, on the day of an extradition hearing of Julian Assange, in London, UK, 20 May, 2024. File Image/Reuters

In June 2012, Assange sought asylum in the Ecuadorian Embassy in London after failing to appeal the extradition ruling. He was granted political asylum by Ecuador in August 2012. Assange remained in the embassy until April 2019, when Ecuador revoked his asylum status, leading to his arrest by British police.

Over the years, Assange faced numerous legal battles. In 2019, the US government indicted him on 18 charges related to WikiLeaks’ publication of classified documents. The charges accused Assange of conspiring with US Army intelligence analyst Chelsea Manning to hack into a Pentagon computer and release secret diplomatic cables and military files. Prosecutors argued that Assange’s actions damaged national security and aided US adversaries.

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Assange’s supporters have long argued that his actions were those of a journalist exposing wrongdoing. They pointed to the publication of a 2007 Apache helicopter attack video by WikiLeaks, which showed American forces killing 11 people, including two Reuters journalists. However, his reputation was also marred by rape allegations in Sweden, which he has denied.

What next?

The plea deal is expected to bring an end to a complex and prolonged legal saga. Assange’s family and supporters have highlighted the toll these years have taken on his physical and mental health.

His attorney, Barry Pollack, emphasised that Assange has endured more than a decade of legal battles and severe confinement conditions. “It is high time for this ordeal to end,” Pollack said.

Also Read | WikiLeaks’ Julian Assange to be freed: How did he avoid US prison time?

The case against Assange has been a contentious issue among press freedom advocates and legal experts. While some argue that his actions were in the public interest, others contend that he broke laws meant to protect national security. The plea agreement reflects a compromise, allowing Assange to admit guilt while sparing him further prison time.

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With inputs from agencies

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