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WikiLeaks founder wins right to appeal against extradition order to the U.S.

The Australian computer expert has spent the last 5 years in a British high-security prison
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FILE - WikiLeaks founder Julian Assange being taken from court, where he appeared on charges of jumping British bail seven years ago, in London, Wednesday May 1, 2019. Assange faces what could be his final court hearing in England over whether he should be extradited to the United States to face spying charges. (AP Photo/Matt Dunham, File)

WikiLeaks founder Julian Assange can appeal against extradition to the United States on espionage charges, a London court ruled Monday BԪַ a decision likely to further drag out an already long legal saga.

High Court judges Victoria Sharp and Jeremy Johnson ruled for Assange after his lawyers argued that the U.S. government provided BԪַblatantly inadequateBԪַ assurances that he would have the same free speech protections as an American citizen if extradited from Britain.

Assange, 52, has been indicted on 17 espionage charges and one charge of computer misuse over his websiteBԪַs publication of a trove of classified U.S. documents almost 15 years ago.

Hundreds of supporters cheered and applauded outside court as news of the ruling reached them from inside the Royal Courts of Justice.

AssangeBԪַs wife, Stella, said the U.S. had tried to put BԪַlipstick on a pig BԪַ but the judges did not buy it.BԪַ She said the U.S. should BԪַread the situationBԪַ and drop the case.

BԪַAs a family we are relieved but how long can this go on?BԪַ she said. BԪַThis case is shameful and it is taking an enormous toll on Julian.BԪַ

The Australian computer expert has spent the last five years in a British high-security prison after taking refuge in the Ecuadorian Embassy in London for seven years. Assange was not in court to hear the ruling because of health reasons, his lawyer said.

American prosecutors allege that Assange encouraged and helped U.S. Army intelligence analyst Chelsea Manning to steal diplomatic cables and military files that WikiLeaks published.

AssangeBԪַs lawyers have argued he was a journalist who exposed U.S. military wrongdoing in Iraq and Afghanistan. Sending him to the U.S., they said, would expose him to a politically motivated prosecution and risk a BԪַflagrant denial of justice.BԪַ

The U.S. government says AssangeBԪַs actions went way beyond those of a journalist gathering information, amounting to an attempt to solicit, steal and indiscriminately publish classified government documents.

The brief ruling from the bench followed arguments over AssangeBԪַs claim that by releasing the trove of confidential documents he was essentially a publisher and due the free press protections guaranteed by the First Amendment of the U.S. Constitution.

The hearing was a follow-up to a provisional ruling in March that said he could take his case to the Court of Appeal unless the U.S. guaranteed he would not face the death penalty if extradited and would have the same free speech protections as a U.S. citizen.

The U.S. provided those assurances but AssangeBԪַs lawyers only accepted that he would not face the prospect of capital punishment.

They said the assurance that Assange could BԪַraise and seek to rely uponBԪַ the First Amendment fell short of the protections he deserved. Further, they argued that the prosecutor refused to say he would not challenge AssangeBԪַs right to use such a defense.

BԪַThe real issue is whether an adequate assurance has been provided to remove the real risk identified by the court,BԪַ Fitzgerald said. BԪַIt is submitted that no adequate assurance has been made.BԪַ

The court previously said that without the right to a First Amendment defense, AssangeBԪַs extradition could be incompatible with the European Convention on Human Rights, which also provides free speech and media protections.

Attorney James Lewis, representing the U.S., said AssangeBԪַs conduct was BԪַsimply unprotectedBԪַ by the First Amendment.

BԪַNo one, neither U.S. citizens nor foreign citizens, are entitled to rely on the First Amendment in relation to publication of illegally obtained national defense information giving the names of innocent sources, to their grave and imminent risk of harm,BԪַ Lewis said.

AssangeBԪַs lawyers say he could face up to 175 years in prison if convicted, though American authorities have said any sentence would likely be much shorter.

AssangeBԪַs family and supporters say his physical and mental health have suffered during more than a decade of legal battles, which includes seven years spent inside the Ecuadorian Embassy in London from 2012 until 2019. He has spent the past five years in a British high-security prison.

Commuters emerging from a Tube stop near the courthouse couldnBԪַt miss a large sign bearing AssangeBԪַs photo and the words, BԪַPublishing is not a crime. War crimes are.BԪַ

Scores of supporters gathered outside the neo-Gothic Royal Courts of Justice chanting BԪַFree Julian AssangeBԪַ and BԪַPress freedom, Assange freedom.BԪַ Some held white flags aimed at President Joe Biden, exhorting: BԪַLet him go Joe.BԪַ

Biden said last month that he was considering a request from Australia to drop the case and let Assange return to his home country.

Officials provided no other details but AssangeBԪַs wife said it was BԪַa good signBԪַ and Australian Prime Minister Anthony Albanese said the comment was encouraging.

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