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American Presidents

I have hardly blogged on the US Presidential elections for two reasons. Firstly the debate is so polarised that many people are oblivious to rational argument that moves outwith the few favoured memes of each side, and I have more than enough abuse in my life already. Secondly, it is some years since I spent any substantial length of time in the USA, and it is a country I find that I understand less and less. I prefer to blog about things where I bring not just judgement, but an extra store of knowledge.

I am very frequently chided for not posting on a subject; a number of people have approached me asking me to post on Nagorno-Karabakh, and indeed I have been offered money to post here on the subject, an offer I suspect would have turned out to be accompanied by conditions as to what I wrote. I will never accept such offers. I am not a corrupt shill like the highly respectable mainstream media journalists receiving secret UK government cash for propaganda from the Integrity Initiative. But also Nagorno-Karabakh is an ancient and tangled dispute with roots that lie deep in history, with complex modern consequences, and which would require a huge amount of reading before I was ready to take a considered view. It is part of a region of which I do in fact have a very deep knowledge, but on Nagorno-Krabakh not specific enough.

I think it is important not to become an all-purpose pundit who fires off unconsidered views on everything that occurs. Such pundits are two a penny in the mainstream media

On the US election I showed my limitations with a tweet yesterday evening predicting Biden would win fairly comfortably, and Trump would concede with good grace. I was wrong. I think Biden will win, but not comfortably and with margins in the key “rust bucket” states close enough for Trump to have every right to question in court aspects of the United States’ rickety voting practices. I still expect to see President Biden at the end of it all.

I know that many of my readers will be triumphant at the departure of Trump. I can understand that. From the viewpoint of US domestic policy and particularly attitudes to social division, race and immigration, the end of Trump’s cynical manipulation of atavistic instinct among the electorate will be in itself a good thing. This has not been a healthy period in US politics.

But Trump has not been defeated by a Bernie Sanders; he has been defeated by a corrupt political hack backed to the hilt by the large majority of the billionaire owned media, financed out of Wall street and with no intention of pursuing anything other than neo-liberal economic policies. It is also the firm re-establishment of the rule of the security state and the military-industrial complex. Trump’s instinctive isolationism made him an enemy of the security state interest which spent a great deal of time in trying to undermine its President.

With Biden we will return to business as usual, and that means war and invasions. Under Trump we have had no new wars started, even if he continued old ones with little control. Without Trump, I have not the tiniest doubt that Syria would have been bombed back to the Stone Age, exactly like Libya, and millions more people would have been killed. Irrespective of the undoubted damage Trump has caused inside the United States across many fronts, Hillary would have killed a lot more people. Just not Americans.

I pause to note that the terrorist in Vienna had attempted to go as a jihadist to Syria and fight against Assad. If he had not been prevented from doing that, he would have been financed by the Saudis, fed and clothed by the Turks, armed by the CIA, trained by the SAS and given air support by the Israelis. He might even have got to be a TV star posing in a White Helmet, or employment artfully placing chlorine bottles on beds for pictures by Bellingcat. Unfortunately, having been prevented from joining the western sponsored insurgency, he ended up killing Austrians instead of Syrians and now is a “terrorist”, whereas jihadist killers of Syrians are “heroes”. A strange world. The Manchester Arena bomber was of course physically brought in to the UK by the British military after fighting for “our side” in Libya. You do indeed reap what you sow.

I hope that those who consider themselves of the left enjoy their relief when the electoral process finally puts to bed the extraordinary populism of Trumpism, and returns the USA to the smoother control of the regular media and political classes and their billionaire controllers. Because anybody who believes any more than that is happening is a fool. I said that I did not blog about the US elections because of the appalling partisan nature of debate. The truth is the system threw up, again, two truly obnoxious candidates entirely antithetical to the real interests of ordinary people in the USA. Biden will do nothing to tackle the appalling wealth and resource inequality which is the most startling problem the country faces. He will hopefully resolve social tensions in the short term. But the cause of those social tensions is a system of gross exploitation of the middle and working classes which is not sustainable in the long term, and which was the root of the Trump political eruption.

Kamala Harris was of course the most right wing possible Vice-Presidential pick. Her advance into power, despite being entirely rejected in the Democratic primaries, is in itself a huge condemnation of the system. I believe I am right in saying that Harris’s Primary campaign was so disastrous she managed to obtain zero delegates at all to the Democratic National Convention. Zero, None. Absolute bottom of the pile. Rejected by Democratic voters as the candidate in toto. Attempting to confirm this zero delegate fact, I just looked up the Wikipedia page on her primary campaign, which turns out to be the most entirely false, hagiographic and manicured Wikipedia page I have ever seen, on any subject, which is saying a lot. Apparently her Presidential Primary bid was in fact a tour de force of brilliant debating and political strategy, recounted in enormous detail, not an abject failure resulting in no delegates. The extraordinarily dishonest Wikipedia page is not perhaps in itself hugely important, but it is emblematic of the sinister manipulation behind the scenes of Kamala Harris’s rise to power.

Let us put a note in our collective diaries to look again in two years and see whether the USA has entered a period of renewed social progress, or just reinvigorated its position as a violent threat to the world. I am looking forward to the period when Biden’s mainstream cheerleaders have to find something positive to say rather than just respond “But Trump is evil”. I predict most of the responses below will say nothing much more on analysis than “But Trump is evil.” Knock yourselves out.

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

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Defence Fund and Contempt Case Update

I have transferred £10,000 from my defence fund to Mark Hirst’s defence fund, which needs money immediately. If anybody who donated objects, your donation can be refunded if you use the contact button top right to send a message.

This does not mean that my own defence fund has more money than it needs – quite the opposite, as the Crown seems to be continuing its policy of spinning out the case as long as possible, with multiple procedural hearings, to drain our funds and ability to fight. The Crown has still not produced the new argument on how it proposes to prove “jigsaw identification”, which we strongly deny and have produced considerable evidence to disprove. The Crown was ordered at the last procedural hearing to come up with new substantive argument, and we are yet to see this. The Crown’s only tactic to date has been to argue that all of our witnesses and evidence are inadmissible, even most of my own witness statement, and the Crown refuses to produce any of the documentation requested by my defence.

The requested documentation included the messages from Peter Murrell to Sue Ruddick, Chief Operating Officer of the SNP, stating that “it was a good time to be pressurising the police” to take action against Alex Salmond, and another to get the Metropolitan Police to act because “the more fronts he is having to firefight on the better”. Incredibly, even though these messages are now firmly in the public domain, the Crown Office still refuses to release the original documents to my lawyers for use in my defence.

Those messages are the tip of the iceberg. It is some months since I saw them, but others include a message from one of the SNP’s most senior officials in which they explain that the police were saying they did not have sufficient evidence to act on some of the complaints. There then follows a line that had me springing up from my chair when first I read it. It was to the effect that if the police would only specify what evidence they need, then they could get it for them.

My sworn statement, given to the High Court in August, names that official. I am not permitted to tell you the name before the trial.

There is much more of this that I could tell you. Either the Crown Office will release these documents for my defence, or from the witness box I shall recount them (which is the reason they seek to stop me giving evidence). To prove to you that I really do know this material, here is an extract from my twitter direct messages detailing the famous Murrell one, written two months before it was leaked to Kenny Macaskill and given by him to the press.

The trial keeps slipping backwards due to Crown procrastination. I am in the peculiar position of facing a potential jail sentence yet being impatient for them to bring it on. Currently scheduled for 20 and 21 January in the High Court, Edinburgh. Please put it in your diary.

For those asking how can I stand for President of the SNP while exposing this kind of dirty laundry, the answer is very simple. This is a part of why I am standing. This kind of appalling behaviour by party officials has nothing to do with party members, nothing to do with Independence, and we have to stand up to put a stop to it, before it does still more damage to the party. Hushing it up would eventually explode in the face of the Independence campaign.

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

Subscriptions to keep this blog going are gratefully received.

Choose subscription amount from dropdown box:

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Paypal address for one-off donations: [email protected]

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Subscriptions are still preferred to donations as I can’t run the blog without some certainty of future income, but I understand why some people prefer not to commit to that.

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Virtue Signaling Over Corpses

I was sent this lovely anecdote of Sean Connery today by a successful Hollywood screen writer. They said I could publish but did not want to be named.

In the late 1990s and early 2000s, I was involved in a series of movie projects with Sean Connery. He was everything you’d like a Hollywood star to be in person: charismatic, gregarious, intelligent, very focused in meetings, a great raconteur. He’d often remind you of his Scottishness and in case you’re wondering, he was more attractive in real life than he was onscreen.

One day we were in a meeting in his office, discussing whatever was our latest venture. The phone on his desk kept ringing. He’d pick it up, put it back down to end the call, then the phone would start ringing again. Then his mobile phone started to ring and ring and ring. Annoyed, he buzzed the outer office on the intercom.

Sean: What’s going on? I’m in a meeting.
Office person: It’s Tony Blair.
Sean (exasperated sigh): I can’t talk to HIM right now.

Then he looked at us, shaking his head and said ‘Sorry about that.’ And we carried on with our meeting.

He will be missed but when Scotland is independent, he can be in your pantheon.

I have also been deluged with social media postings about Sean Connery’s reported views on slapping women.

Do we have to do this?

What he said is not defensible: but are there really people out there who have never in their life said or done anything wrong? The worst thing I ever did in my life (which was not at all criminal but was wrong) still gives me nightmares of remorse, quite literally. I wake up thinking about it. I hope and believe it is outweighed as a single incident in a life in which I generally tried to do good. But I would not want it dragged up for public gloating when I die.

Every single human has made mistakes. I don’t think there is any reason to believe that Sean Connery was a generally bad man like Jimmy Savile. His first marriage was unhappy but his second was very happy and lasted forty years. Connery was born the same year, into the same class and the same city, as my own father. Ten minutes walk between their homes. My father would have shared Connery’s views on women – some of my father’s views were very worrying. They were the views of a working class man brought up in Edinburgh in the 1930s and 1940s.

I am not a moral relativist. I think that Connery’s view was plain wrong, just as my father talking of people coming “off the banana boat” or “having a touch of the old tarbrush” was plain wrong. But I also know why my father did not understand it was wrong, and why by contrast I did know it was wrong. Part of the reason I knew it was wrong is that my father worked so hard to lift his family out of poverty and enable us to benefit from the great free educational opportunities the state then gave us – opportunities he never had, leaving school at 13. Who was I to sneer at him?

I recognise the vicious circle of destructive macho that led Connery to repeat the claims when challenged. I should say that pretty well all my father’s closest friends were black, he actively helped several refugees and there was an extraordinary gap between his extremely kind and completely colour-blind personal behaviour, and the horrible views he used to state. It was a peculiar kind of defiance or assertion of identity, not something real.

Even today, I wish I understood this better of my father. Likewise Connery: I suspect that by the time he was repeating in the 1980’s his obnoxious views of the 60’s, Connery was doing something similar. He was defending the remembered tropes of his class and community, no longer what he was actually living by. And did not know how to back down.

I like to think that in seventy years time, people will look back at today’s virtue signaling students who are swamping the internet with anti-Connery memes, and be horrified at the completely unacceptable views that today’s students hold in tolerating massive wealth inequality.

I repeat that I found Connery’s view on violence against women absolutely obnoxious. It is a good thing that such views are now beyond the pale. But that a ninety year old man expressed a single obnoxious view in 1969 and 1984 does not invalidate him as a human being. It is not the most important thing about him. We are mourning one of Scotland’s most talented sons, and perhaps the most famous. He did not have to be perfect; nobody does.

It is possible to bury the dead without virtue signaling over their still warm corpse.

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

Subscriptions to keep this blog going are gratefully received.

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Craig Murray for SNP President and Independence in Two Years

The party hierarchy decided members should not be allowed to vote on routes to Independence that do not depend on the permission of Boris Johnson. To give party members a chance to register their concern, I have decided to go forward as a candidate for President. I do so not in the hope of winning (I won’t beat longstanding party servant Mike Russell), but because the ordinary members need to be able to show that they are not happy with the lack of focus on Independence and the closed nature of the party establishment – which two things are related.

Every vote for me is a vote for early Independence and no veto for Boris Johnson. Independence must be obtained within two years. It will not be given, we must take it.

The party appears to have no plan that could deliver Independence before 2026 at the earliest. Instead of conference being allowed to debate Plan B, there will be a “discussion” on “Independence in the Future”. It is plain that for many of the party’s very well paid elected officials and functionaries, that future is some far off optional destination, not an immediate arrival.

Obviously I shall be writing more on this in the next month. My opening shot is here, as an advert in the National newspaper.

My announcement has brought a great deal of twitter vituperation from the pillars of the political class – mainstream media journalists and SNP paid staff and leadership acolytes. Plainly democratic choice is not high on their agenda. Some are absolutely astonished that a candidate not approved by the leadership should have the temerity to stand, and not only that, but actually have the nerve to ask people to vote for them.

Mostly though it is just intellect free vituperation, on quite a wide scale:

That was just the first little period. There are huge amounts more of this stuff, much of it from paid SNP staffers. For those of a morbid mind with plenty of free time, the linkages between SNP staffers and unionist journos on twitter are really quite interesting to trace.

I should point out that I have said nothing in the least critical of Mike Russell or Corri Wilson. This is all entirely unprovoked.

A party where the Chief Executive is married to the leader and has a secret salary kept from members is not a healthy party. Particularly when he is then seeking to pressurise police into taking action against the last leader. This is not good.

I leave you with a last thought. Only rebels from the Establishment have ever won Independence, anywhere. We will never be given Independence, we will have to take it. Who is the most likely to play a useful role in that?

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Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

Subscriptions to keep this blog going are gratefully received.

Choose subscription amount from dropdown box:

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Paypal address for one-off donations: [email protected]

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Account name
MURRAY CJ
Account number 3 2 1 5 0 9 6 2
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Bank address Natwest, PO Box 414, 38 Strand, London, WC2H 5JB

Bitcoin: bc1q3sdm60rshynxtvfnkhhqjn83vk3e3nyw78cjx9

Subscriptions are still preferred to donations as I can’t run the blog without some certainty of future income, but I understand why some people prefer not to commit to that.

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Time to Stand Up and Be Counted

Today, nothing is more important than to say that we will not be silent on the dreadful oppression of the Palestinian people; the daily beatings, killings, humiliations, demolitions, expropriations and destruction of groves that are the concomitant of Israeli illegal occupation.

We will never be browbeaten into silence on the slow genocide of the Palestinian people.

Nobody with any grasp on the location of their right mind believes Jeremy Corbyn to be an anti-Semite. Nobody with any grasp on their right mind believes the Labour Party is now anything but the substitutes’ bench for the Neoconservative team. Under Keir Starmer, the Labour Party has failed to oppose the granting of legal powers to the security services to kill, torture, entrap, forge and fake with impunity. It has failed to oppose the limitation of prosecution of British soldiers for war crimes. The Labour Party now seeks to erase all trace that it might once have been a party that offered an alternative to the right wing security state.

As Director of Public Prosecutions, Keir Starmer pressurised Swedish prosecutors who wished to drop the case against Julian Assange, to persist in order that he might be rendered to the USA. He further persuaded them not to interview Julian here, which is standard practice when he was never charged but only wanted for questioning, and which would have reduced Julian’s ordeal by four years.

Starmer received £50,000 in personal donations from lobbyist Sir Trevor Chinn to fund his leadership bid.

It is perfectly plain that Starmer’s aim in suspending Corbyn is to drive the mass membership that Corbyn attracted out of the Labour Party, and make it a reliable arm of the right wing security state. He wants the Labour Party to be financially dependent not on its members, who have annoying principles, but on donors like Chinn.

The media and political elite have attained their aim; there is no longer any point in voting in Westminster elections. A right wing government supporting the neo-con status quo and the ever tightening security state is now firmly guaranteed and cannot be influenced by a Westminster election.

 
 
Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

Subscriptions to keep this blog going are gratefully received.

Choose subscription amount from dropdown box:

Recurring Donations



 

Paypal address for one-off donations: [email protected]

Alternatively by bank transfer or standing order:

Account name
MURRAY CJ
Account number 3 2 1 5 0 9 6 2
Sort code 6 0 – 4 0 – 0 5
IBAN GB98NWBK60400532150962
BIC NWBKGB2L
Bank address Natwest, PO Box 414, 38 Strand, London, WC2H 5JB

Bitcoin: bc1q3sdm60rshynxtvfnkhhqjn83vk3e3nyw78cjx9

Subscriptions are still preferred to donations as I can’t run the blog without some certainty of future income, but I understand why some people prefer not to commit to that.

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The Circle of Amnesiacs

Today was a particularly interesting meeting of the Holyrood Inquiry into the mishandling of the Salmond affair, with two senior civil servants, Judith Mackinnon and Barbara Allison, who both had very convenient and complete failures of memory, about key points which just happened to be the very points on which the committee had previously been lied to.

To take Barbara Allison first, she had been happily on holiday in Mauritius. I am sure it is of great comfort to the ordinary people of Scotland that, as has been clear from this inquiry, the Scottish Government employs an extraordinary plethora of officials, nearly all of them female, in non-jobs with silly titles at salaries that enable them to spend their vacations at the most expensive and exclusive spots on the planet.

Now Ms Allison, Director of Communications, had forgotten that, on the day Alex Salmond won the judicial review case against the Scottish Government, she had immediately texted from Mauritius to Permanent Secretary Leslie Evans, and that Leslie Evans had instantly replied “Battle may be lost but not the war.” She denied it had happened under oath to the committee when she gave evidence on 15 September 2020. She only remembered it when the Crown Office subsequently handed over the text – which police Scotland had taken from her own phone – to the Committee. She then was forced to write to the Committee correcting her evidence, which if the text had never been produced, presumably she would never have done.

The remarkable thing is, that Leslie Evans’ message had been famous ever since the Alex Salmond trial. It had featured quite literally scores of times in the media after being mentioned in the evidence at Alex Salmond’s preliminary hearing (where it was among the evidence the defence were banned from using at trial) and after being quoted from the steps of the court room by Alex Salmond after his complete acquittal. It is the subject of this column by Iain Macwhirter, for example, and features in the title. Presumably as part of her job Ms Allison must have followed all this, but none of it jogged her memory that she had received the message. Even when Leslie Evans gave evidence to the Inquiry on 8 September that she had sent the message, that did not remind Ms Allison that she had received the message before she explicitly denied, under oath, receiving it to the committee exactly one week later.

It is plain from the messages that Evans and Allison are close. Civil servants do not normally add kisses to work related texts. We are asked to believe that on 8 September Evans gave evidence on this text message to Allison, and did not mention it to Allison before her own appearance before the committee the following week. That is ludicrous.

But remarkably, the fog of Allison’s memory still has not cleared. Nothing has yet been jogged. The infamous text from Evans is evidently a reply to one from Allison. Evans’ reply begins “Thanks Barbara”. Yet Allison today told the committee, again under oath, that she had no recollection of sending Evans her initial text and no recollection what she had said in it. In fact she testified she had no recollection of the event at all.

Let us dig a bit further into that. Imagine you are in Mauritius on holiday. It is a wonderful place.

You are there on holiday. You are relaxing by the sea in the magnificent scenery and enjoying a drink or a meal. You receive immediate notification of the result of the Salmond civil case judicial review, thousands of miles away. How? It did not make the Mauritian or the international media. Plainly somebody has contacted you to give you the news instantly. Had you organised for that, or had someone thought it so important as to bother you on your holiday?

[As a former senior civil servant myself, I can tell you for certain that an event would have to be considered extremely significant, and requiring indispensable involvement of a particular civil servant, for them to be interrupted when away on a holiday. Plainly, this was not casual.]

Your tropical idyll has been interrupted. You then immediately initiate an exchange of texts with the Permanent Secretary. You now cannot – just eighteen months later – recall any of this happening at all.

I just do not buy it. I do not believe it. I do not accept it. It is my opinion (cf Dugdale vs Campbell libel case) that Barbara Allison gave a very strong impression that she is a liar.

The content of Barbara Allison’s text is of course very important, because of Leslie Evans’ wildly improbable explanation to the committee, that when she said “battle may be lost but not the war”, with reference to the judicial review case against Alex Salmond, the “war” to which she referred was not the war against Alex Salmond, but rather a wider struggle that government should have “equality at the heart of what it does”. In this (frankly unbelievable) context, the missing Barbara Allison text message becomes very important indeed.

Did Allison text that day from Mauritius “God that bastard Salmond won. We have to nail him”, to which Evans replied “Thanks Barbara, the battle may be lost, but not the war”? Or did Allison text from Mauritius “I am in full support of the effort to incorporate equality and women’s rights at the heart of all we do”, to which Evans replied “Thanks Barbara, the battle may be lost, but not the war.” As I hope you see, it makes a major difference which it is.

Unfortunately, of course, Allison has (ahem) forgotten what her text message said. And here is the extraordinary thing – she had deleted that key message before she handed her phone over to the police. Now, she had not deleted her messages with one of the accusers from months earlier. Also she had not deleted the reply from Lesley Evans to her deleted text, nor had she deleted her reply to Lesley Evans’ reply to her missing text. We are left with this:

Text X – deleted
“Thanks Barbara. Battle maybe lost but not the war. Hope you are having lovely and well deserved break. L”
“Thanks Lesley. It is lovely here. My mind and thoughts are with you all there tho. Best wishes B. x ”

Now why did text X get deleted and not the other two? Allison told the committee that she routinely deletes texts to unclutter her phone.

Is that not rather strange? We all know how text messages work – your phone shows you the most recent message in a conversation first. So scrolling back, Allison decided to keep the last two but to delete the third one back? Why that one? Why not the whole exchange? It is very hard to think of any logical explanation for that selection – unless the deleted text happened to say something like “God that bastard won. We have to nail him”, which might be incriminating given the subsequent (ahem) organisation of complainants for the criminal case. But as Allison cannot remember writing or deleting that text message, we may never know.

Except of course, we should know. Police Scotland took the messages from the phone to give to the Crown Office. Unfortunately the interest of Police Scotland was in conspiring with Peter Murrell to fit up Alex Salmond. Had they not been otherwise fixed on a corrupt intent, Police Scotland would have been able to deploy their resources to recover the obviously missing deleted text, either from the iPhone or from the service provider.

Let us leave the unpleasant Ms Allison to stew in her own mendacity, and move on to another unreliable witness with a very poor memory, Judith McKinnon. Now I have to refer here to an earlier witness, civil servant Mr James Hynd, who had evidently been selected to take upon himself the responsibility for having devised a procedure to investigate ex-ministers. He had testified it was entirely his own idea, that he had never discussed it with anybody at all, and that it had first existed in a draft policy he had alone written.

Unfortunately this attempt to sanitise the genesis of the “get Salmond” policy quickly collapsed as documents have slowly been squeezed out of the Scottish government showing that a procedure against ex-ministers had been discussed by civil servants and special advisers before Hynd “first” thought of it, including by Judith McKinnon, who had gone on to coach the initial complainants against Alex Salmond. In fact, Mckinnon had produced a “flowchart” of the new procedure including ex-ministers, dated before Hynd’s document which he claimed was the first time the idea had been thought of. Hynd was another one forced to write to the committee to “clarify” his evidence under oath.

Today McKinnon was pressed on why she had included ex-Ministers in her flowchart before Hynd had thought of it, and McKinnon replied that it had been generally discussed and was generally agreed. Pressed by committee members as to who she had generally discussed it with, and whether this included Leslie Evans or the First Minister’s office, McKinnon replied that – she had forgotten who she discussed it with.

Now there is a shock.

Scotland employs, on very high salaries, a quite fascinating number of women with very poor memories.

The members of the committee were most excited about another point. They questioned both women on the fact that the new procedure which the court had found unlawful and tainted by apparent bias, under which McKinnon could both coach complainants and be the investigating officer, was still in place. There was, huffed Alex Cole Hamilton, the possibility the same mistake could be made again and the taxpayer again lose a great deal of money.

Silly Mr Cole Hamilton. He has not yet understood that the “new procedure” was only ever a single shot, designed to “get” Alex Salmond. There was never any chance it would be used against anybody else. So why bother to amend it now?

Finally and perhaps even more interestingly, today a letter has been released which Alex Salmond wrote to James Hamilton, who is conducting the investigation into whether Nicola Sturgeon broke the ministerial code. This entire letter is well worth reading, but this bit is truly stunning. Alex Salmond points out that Hamilton’s remit was written by Sturgeon’s deputy John Swinney, and he suggests it is a “straw man”, deliberately misdirecting Hamilton to areas where Sturgeon probably did not break the ministerial code.

Salmond instead suggests other areas where Sturgeon did actually break the ministerial code, and asks Hamilton if he is able to investigate them or just carrying out the Swinney defined charade. This is the first direct and public attack by Alex on Nicola since she conspired to have him jailed, and it is extremely significant. I am hopeful it may be the starting point of a change towards a Scottish government that will actually use its popular mandate to act on Independence.

UPDATE I have been informed it wasn’t Mauritius, it was the Maldives. Which is, of course, even more spectacularly exclusive and expensive.

 
 
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Covid-19 and the Political Utility of Fear

The true mortality rate of covid-19 remains a matter of intense dispute, but it is undoubtedly true that a false public impression was given by the very high percentage of deaths among those who were tested positive, at the time when it was impossible to get tested unless you were seriously ill (or a member of society’s “elite”). When only those in danger of dying could get a test, it was of course not at all surprising that such a high percentage of those who tested positive died. It is astonishing how many articles are published with the entirely fake claim that the mortality rate of Covid-19 is 3.4%, based on that simple methodology. That same methodology will today, now testing is much more widely available to those who feel ill, give you results of under 1%. That is still an overestimate as very few indeed of the symptomless, or of those with mild symptoms, are even now being tested.

The Guardian’s daily graphs of statistics since January 1 illustrate this very nicely. It is of course not in fact the case, as the graphs appear to show, that there are now vastly more cases than there were at the time of peak deaths in the spring. It is simply that testing is much more available. What the graphs do indicate is that, unless mortality rates have very radically declined, cases tested on the same basis they are tested today would have given results last spring of well over 100,000 cases per day. It is also important to note that, even now, a very significant proportion of those with covid-19, especially with mild symptoms, are still not being tested. Quite possibly the majority. So you could very possibly double or treble that figure if you were looking for actual cases rather than tested cases.

I do not believe anybody seriously disputes that there are many millions of people in the general population who had covid and survived it, but were never tested or diagnosed. That can include people who were quite badly ill at home but not tested, but also a great many who had mild or no symptoms. It is worth recalling that in a cruise ship outbreak, when all the passengers had to be compulsorily tested, 84% of those who tested positive had no symptoms.

What is hotly disputed is precisely how many millions there are who have had the disease but never been tested, which given the absence of widespread antibody testing, and inaccuracies in the available antibody tests, is not likely to be plain for some time, as sample sizes and geographical reach of studies published to date have been limited. There is no shortage of sources and you can take your pick. For what it is worth, my own reading leads me to think that this Lancet and BMJ published study, estimating an overall death rate of 0.66%, is not going to be far off correct when, in a few years time, scientific consensus settles on the true figure. I say that with a certain caution. “Respectable” academic estimates of global deaths from Hong Kong flu in 1968 to 70 range from 1 million to 4 million, and I am not sure there is a consensus.

It is impossible to discuss covid-19 in the current state of knowledge without making sweeping assumptions. I am going here to assume that 0.66% mortality rate as broadly correct, which I believe it to be (and if anything pessimistic). I am going to assume that 70% of the population would, without special measures, catch the virus, which is substantially higher than a flu pandemic outbreak, but covid-19 does seem particularly contagious. That would give you about 300,000 total deaths in the United Kingdom, and about a tenth of that in Scotland. That is an awful lot of dead people. It is perfectly plain that, if that is anything near correct, governments cannot be accused of unnecessary panic in their responses to date.

Whether they are the best responses is quite another question.

Because the other thing of which there is no doubt is that covid-19 is an extremely selective killer. The risk of death to children is very small indeed. The risk of death to healthy adults in their prime is also very marginal indeed. In the entire United Kingdom, less than 400 people have died who were under the age of 60 and with no underlying medical conditions. And it is highly probable that many of this very small number did in fact have underlying conditions undiagnosed. Those dying of coronavirus, worldwide, have overwhelmingly been geriatric.

As a Stanford led statistical study of both Europe and the USA concluded

People <65 years old have very small risks of COVID-19 death even in the hotbeds of the pandemic and deaths for people <65 years without underlying predisposing conditions are remarkably uncommon. Strategies focusing specifically on protecting high-risk elderly individuals should be considered in managing the pandemic.

The study concludes that for adults of working age the risk of dying of coronavirus is equivalent to the risk of a car accident on a daily commute.

I should, on a personal note, make quite plain that I am the wrong side of this. I am over 60, and I have underlying heart and lung conditions, and I am clinically obese, so I am a prime example of the kind of person least likely to survive.

The hard truth is this. If the economy were allowed to function entirely normally, if people could go about their daily business, there would be no significant increase in risk of death or of life changing illness to the large majority of the population. If you allowed restaurants, offices and factories to be be open completely as normal, the risk of death really would be almost entirely confined to the elderly and the sick. Which must beg the question, can you not protect those groups without closing all those places?

If you were to open up everything as normal, but exclude those aged over 60 who would remain isolated, there would undoubtedly be a widespread outbreak of coronavirus among the adult population, but with few serious health outcomes. The danger lies almost entirely in spread to the elderly and vulnerable. The danger lies in 35 year old Lisa catching the virus. She might pass it on to her children and their friends, with very few serious ill effects. But she may also pass it on to her 70 year old mum, which could be deadly.

We are reaching the stage where the cumulative effect of lockdown and partial lockdown measures is going to inflict catastrophic damage on the economy. Companies could survive a certain period of inactivity, but are coming to the end of their resilience, of their financial reserves, and of effective government support. Unemployment and bankruptcies are set to soar, with all the human misery and indeed of deleterious health outcomes that will entail.

There is no social institution better designed than schools for passing on a virus. The fact that schools are open is an acknowledgement of the fact that there is no significant danger to children from this virus. Nor is there a significant danger to young adults. University students, the vast, vast majority of them, are not going to be more than mildly ill if they catch coronavirus. There is no more health need for universities to be locked down and teaching virtually, than there would be for schools to do the same. It is a nonsense.

The time has come for a change in policy approach that abandons whole population measures, that abandons closing down sectors of the economy, and concentrates on shielding that plainly defined section of the population which is at risk. With this proviso – shielding must be on a voluntary basis. Elderly or vulnerable people who would prefer to live their lives, and accept that there is currently a heightened risk of dying a bit sooner than might otherwise be expected, must be permitted to do so. The elderly in particular should not be forcefully incarcerated if they do not so wish. To isolate an 88 year old and not allow them to see their family, on the grounds their remaining life would be shortened, is not necessarily the best choice for them. It should be their choice.

To some extent this selective shielding already happens. I know of a number of adults who have put themselves into voluntary lockdown because they live with a vulnerable person, and such people should be assisted as far as possible to work from home and function in their isolation. But in general, proper protection of the vulnerable without general population lockdowns and restrictions would require some government resource and some upheaval.

There could be, for example, a category of care homes created under strict isolation where no visitation is allowed and there are extremely strict firewall measures. Others may have less stringent precautions and allow greater visitation and movement; people should have the choice, and be assisted in moving to the right kind of institution for them. This would involve upheaval and resources, but nothing at all compared to the upheaval being caused and resources lost by unnecessary pan-societal restrictions currently in force. Temporary shielded residential institutions should be created for those younger people whose underlying health conditions put them at particular risk, should they wish to enter them. Special individual arrangements can be put in place. Public resource should not be spared to help.

But beyond those precautions to protect those most in danger, our world should return to full on normal. Ordinary healthy working age people should be allowed to make a living again, to interact socially, to visit their families, to gather together, to enjoy the pub or restaurant. They would be doing so in a time of pandemic, and a small proportion of them would get quite ill for a short while, and a larger proportion would get mildly ill . But that is a part of the human condition. The myth that we can escape disease completely and live forever is a nonsense.

Against this are the arguments that “every death is a tragedy” and “one death is too many”. It is of course true that every death is a tragedy. But in fact we accept a risk of death any time we get in a car or cross a road, or indeed buy meat from the butcher. In the USA, there has been an average of 4.5 amusement park ride fatalities a year for the last 20 years; that is an entirely unnecessary social activity with a slightly increased risk of death. Few seriously want amusement parks closed down.

I genuinely am convinced that for non-geriatric people, the risk of death from Covid-19 is, as the Stanford study suggested, about the same as the risk of death from traffic accident on a daily commute. The idea that people should not commute to work because “any death is a tragedy” is plainly a nonsense.

The problem is that it is a truism of politics that fear works in rendering a population docile, obedient or even grateful to its political leaders. The major restrictions on liberty under the excuse of the “war on terror” proved that, when the statistical risk of death by terrorism has always been extraordinarily small to any individual, far less than the risk of traffic accident. All the passenger security checks that make flying a misery, across the entire world, have never caught a single bomb, anywhere.

Populations terrified of covid-19 applaud, in large majority, mass lockdowns of the economy which have little grounding in logic. The way for a politician to be popular is to impose more severe lockdown measures and tell the population they are being saved, even as the economy crumbles. Conversely, to argue against blanket measures is to invite real hostility. The political bonus is in upping the fear levels, not in calming them.

This is very plain in Scotland, where Nicola Sturgeon has achieved huge popularity by appearing more competent and caring in managing the covid-19 crisis than Boris Johnson – which may be the lowest bar ever set as a measure of political performance, but it would be churlish not to say she has cleared it with style and by a substantial margin.

But when all the political gains are on the side of more blanket lockdowns and ramping up the levels of fear, then the chances of measures tailored and targeted specifically on the vulnerable being adopted are receding. There is also the danger that politicians will wish to keep this political atmosphere going as long as possible. Fear is easy to spread. If you make people wear face masks and tell them never to go closer than 2 metres to another person or they may die, you can throw half the population immediately into irrational hostility towards their neighbours. Strangers are not seen as people but as parcels of disease.

In these circumstances, asking ordinary people to worry about political liberty is not fruitful. But the new five tier measures announced by the Scottish government yesterday were worrying in terms of what they seem to indicate about the permanence of restrictions on the, not really under threat, general population. In introducing the new system, Nicola Sturgeon went all BBC on us and invoked the second world war and the wartime spirit, saying we would eventually get through this. That of course was a six year haul.

But what really worried me was the Scottish government’s new five tier system with restrictions nominated not 1 to 5, but 0 to 4. Zero level restrictions includes gatherings being limited to 8 people indoors or 15 people outdoors – which of course would preclude much political activity. When Julian Assange’s father John was visiting us this week I wished to organise a small vigil for Julian in Glasgow, but was unable to do so because of Covid restrictions. Even at zero level under the Scottish government’s new plans, freedom of assembly – an absolutely fundamental right – will still be abolished and much political activity banned. I cannot see any route to normality here; the truth is, of course, that it is very easy to convince most of the population inspired by fear to turn against those interested in political freedom.

What is in a number? When I tweeted about this, a few government loyalists argued against me that numbering 0 to 4 means nothing and the levels of restriction might equally have been numbered 1 to 5. To which I say, that numbering the tiers of restriction 1 to 5 would have been the natural choice, whereas numbering them 0 to 4 is a highly unusual choice. It can only have been chosen to indicate that 0 is the “normal” level and that normality is henceforth not “No restrictions” but normal is “no public gathering”. When the threat of Covid 19 is deemed to be sufficiently receding we will drop to level zero. If it was intended that after level 1, restrictions would be simply set aside, there would be no level zero. The signal being sent is that level zero is the “new normal” and normal is not no restrictions. It is both sinister and unnecessary.

UPDATE I just posted this reply to a comment that this argument amounts to a “conspiracy theory”. It is an important point so I insert my reply here:
But I am not positing any conspiracy at all. I suspect that it is very easy for politicians to convince themselves that by increasing fear and enforcing fierce restriction, they really are protecting people. It is very easy indeed to genuinely convince yourself of the righteousness of a course which both ostensibly protects the public and gives you a massive personal popularity boost.

It is argued that only Tories are worried about the effect on the economy in the face of a public health pandemic. That is the opposite of the truth. Remarkably, the global lockdowns have coincided with an astonishing rate of increase in the wealth of the richest persons on the planet. That is an effect we are shortly going to see greatly amplified. As tens of thousands of small and medium businesses will be forced into bankruptcy by lockdown measures and economic downturn, their assets and their markets will be snapped up by the vehicles of the super-wealthy.

I am not a covid sceptic. But neither do I approve of fear-mongering. The risk to the large majority of the population is very low indeed, and it is wrong that anybody who states that fact is immediately vilified. The effect of fear on the general population, and the ability of politicians to manipulate that fear to advantage, should not be underestimated as a danger to society.

There has been a substantial increase in human life expectancy over my lifetime and a subsequent distancing from death. That this trend should be permanent, in the face of human over-population, resource exhaustion and climate change, is something we have too readily taken for granted. In the longer term, returning to the familiarity with and acceptance of death that characterised our ancestors, is something to which mankind may need to become re-accustomed.

In the short term, if permanent damage to society is not to be done, then the response needs to be less of an attack on the entire socio-economic structure, and more targeted to the protection of the clearly defined groups at real risk. I greatly dislike those occasions when I feel compelled to write truths which I know will be unpopular, particularly where I expect them to arouse unpleasant vilification rather than just disagreement. This is one of those times. But I write this blog in general to say things I believe need to be said. I am very open to disagreement and to discussion, even if robust, if polite. But this is not the blog to which to come for comfort-reading.

 
 
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Magic Novichok

The security services put an extraordinary amount of media priming effort into explaining why the alleged novichok attack on the Skripals had a delayed effect of several hours, and then failed to kill them. Excuses included that it was a cold day which slowed their metabolisms, that the chemical took a long time to penetrate their skins, that the gel containing the novichok inhibited its operation, that it was a deliberately non-fatal dose, that rain had diluted the novichok on the doorknob, that the Skripals were protected by gloves and possibly only came into contact in taking the gloves off, or that nerve agents are not very deadly and easily treated.

You can take your pick as to which of those convincingly explains why the Skripals apparently swanned round Salisbury for four hours after coming into contact with the novichok coated doorknob, well enough to both drink in a pub and eat a good Italian lunch, before both being instantaneously struck down and disabled at precisely the same time so neither could call for help, despite being different sexes, ages and weights. Just as the chief nurse of the British army happened to walk past.

So now let us fast forward to Alexei Navalny. Traces of “novichok” were allegedly found on a water bottle in his hotel room in Tomsk. That appears to eliminate the cold and the gloves. It also makes it possible he ingested some of the “novichok”. I can find no suggestion anywhere it was contained in a gel. So why was this deadly substance not deadly?

There seems no plain allegation of where Navalny came into contact with the “novichok”. Assuming he spent the night in his hotel room, then the very latest he can have come into contact with the deadly nerve agent would be shortly before he left the room, assuming he then subsequently touched the bottle before leaving. This is true whether the bottle was the source or he just touched it with novichok on his hands. After poisoning with this very deadly nerve agent – which Germany claims is “harder” than other examples, he then checked out of the hotel, went to the airport, checked in for his flight, had a cup of tea and boarded the flight, all before being taken ill. This after contact with a chemical weapon allegedly deadlier than this:

Which of course is aside from all the questions as to why the Russians would use again the poison that was ineffective against the Skripals, and why exactly the FSB would not have swept and cleaned up the hotel room after he had left. All that is even before we get to some of the questions I had already asked:

Further we are expected to believe that, the Russian state having poisoned Navalny, the Russian state then allowed the airplane he was traveling in, on a domestic flight, to divert to another airport, and make an emergency landing, so he could be rushed to hospital. If the Russian secret services had poisoned Navalny at the airport before takeoff as alleged, why would they not insist the plane stick to its original flight plan and let him die on the plane? They would have foreseen what would happen to the plane he was on.

Next, we are supposed to believe that the Russian state, having poisoned Navalny, was not able to contrive his death in the intensive care unit of a Russian state hospital. We are supposed to believe that the evil Russian state was able to falsify all his toxicology tests and prevent doctors telling the truth about his poisoning, but the evil Russian state lacked the power to switch off the ventilator for a few minutes or slip something into his drip. In a Russian state hospital.

Next we are supposed to believe that Putin, having poisoned Navalny with novichok, allowed him to be flown to Germany to be saved, making it certain the novichok would be discovered. And that Putin did this because he was worried Merkel was angry, not realising she might be still more angry when she discovered Putin had poisoned him with novichok

There are a whole stream of utterly unbelievable points there, every single one of which you have to believe to go along with the western narrative. Personally I do not buy a single one of them, but then I am a notorious Russophile traitor.

The eagerness of the Western political establishment to accept and amplify nonsensical Russophobia is very worrying. Fear is a powerful political tool, politicians need an enemy, and still more does the military-industrial complex that so successfully siphons off state money. Many fat livings depend on the notion that Russia poses a serious threat to us. The nonsense people are prepared to believe to maintain that fiction give a most unpleasant glimpse into the human psyche.

 
 
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Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

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People Need to Reclaim the Internet

No matter how much you dislike Trump, only a fool can fail to see the implications for public access to information of the massive suppression on the internet of the Hunter Biden leaks.

This blog has been suffering a ratcheting of social media suppression for years, which reached its apogee in my coverage of the Julian Assange trial. As I reported on 24 September:

Even my blog has never been so systematically subject to shadowbanning from Twitter and Facebook as now. Normally about 50% of my blog readers arrive from Twitter and 40% from Facebook. During the trial it has been 3% from Twitter and 9% from Facebook. That is a fall from 90% to 12%. In the February hearings Facebook and Twitter were between them sending me over 200,000 readers a day. Now they are between them sending me 3,000 readers a day. To be plain that is very much less than my normal daily traffic from them just in ordinary times. It is the insidious nature of this censorship that is especially sinister – people believe they have successfully shared my articles on Twitter and Facebook, while those corporations hide from them that in fact it went into nobody’s timeline. My own family have not been getting their notifications of my posts on either platform.

It was not just me: everyone reporting the Assange trial on social media suffered the same effect. Wikileaks, which has 5.6 million Twitter followers, were obtaining about the same number of Twitter “impressions” of their tweets (ie number who saw them) as I was. I spoke with several of the major US independent news sites and they all reported the same.

I have written before about the great danger to internet freedom from the fact that a few massively dominant social media corporations – Facebook, Twitter, Instagram – have become in effect the “gatekeepers” to internet traffic. In the Assange hearing and Hunter Biden cases we see perhaps the first overt use of that coordinated power to control public information worldwide.

The way the power of the “gatekeepers” is used normally is insidious. It is quite deliberately disguised. “Shadow banning” is a term for a technique which has many variations. The net result is always that the post is not ostensibly banned. Some people see it, so that if the subject of the suppression claims to be banned they look stupid. But it is in fact shown to far, far less people than it would normally be. So even members of my own immediate family find that my posts no longer turn up in their timeline on either Facebook or Twitter. But a few followers, presumably at random, do see them. Generally, though not always, those followers are apparently able to retweet or share, but what they are not told is that their retweet or share is in fact put in to very, very few people’s timelines. The overall audience for the Tweet or Facebook post is cut to as little as 1% of what it might be without suppression. As 90% of the traffic to this blog comes in clicks from these social media posts, the effect is massive.

That was the technique used on the Assange hearing. In normal times, the ratchet on traffic can be screwed down or released a little, from week to week or post to post.

In the Hunter Biden case, social media went still further and without disguise simply banned all mention of the Hunter Biden leaks.

As I reported on September 27 last year:

What I find deeply reprehensible in all the BBC coverage is their failure to report the facts of the case, and their utter lack of curiosity about why Joe Biden’s son Hunter was paid $60,000 a month by Burisma, Ukraine’s largest natural gas producer, as an entirely absent non-executive director, when he had no relevant experience in Ukraine or gas, and very little business experience, having just been dishonorably discharged from the Navy Reserve for use of crack cocaine? Is that question not just a little bit interesting? That may be the thin end of it – in 2014-15 Hunter Biden received US $850,000 from the intermediary company channeling the payments. In reporting on Trump being potentially impeached for asking about it, might you not expect some analysis – or at least mention – of what he was asking about?

That Hunter Biden received so much money from a company he never once visited or did any legitimate work for, located in a country which remarkably at the same time launched into a US sponsored civil war while his father was Vice President, is a question which might reasonably interest people. This is not “fake news”. There is no doubt whatsoever of the facts. There
is also no doubt that, as Vice President of the USA, Joe Biden secured the firing of the Ukrainian prosecutor who was investigating Burisma for corruption.

The story now is that Hunter Biden abandoned a laptop in a repair shop, and the hard drive contained emails between Hunter and Burisma in which he was asked for, and promised, various assistance to the company from the Vice President. This hard drive was passed to the New York Post. What the emails do not include is any incriminating correspondence between Hunter and his father in which Joe Biden agrees to any of this – which speaks to their authenticity, as that would be the key thing to forge. Given that the hard drive also contains intimate photos and video, there does not seem to be any real doubt about its authenticity.

However both Facebook and Twitter slapped an immediate and total ban on all mention of the Hunter Biden emails, claiming doubts as to its authenticity and an astonishing claim that they never link to leaked material or information about leaked material.

Alert readers will note that this policy was not applied to Donald Trump’s tax returns. These were extremely widely publicised throughout social and mainstream media – and quite right too – despite being illegally leaked. Twitter may be attempting to draw a distinction between a “hack” and a “leak”. This is difficult to do – the Clinton and Podesta emails, for example, were leaked but are frequently claimed to have been hacked.

I am astonished by the online comment of people who consider themselves “liberals” who support the social media suppression of the Hunter Biden story, because they want Trump to be defeated. The truth is that those in control of social media censorship are overwhelmingly Atlanticist figures on the Clinton/Blair political spectrum. That embraces the roles of Nick Clegg and Ben Nimmo at Facebook. It explains the protective attitude of Blairite Wikipedia boss Jimmy Wales (also a director of Guardian Media Group) toward the Philip Cross operation.

Censorship from the self-satisfied centre of the political establishment is still more dangerous, because more stable, than censorship from the left or right. It seeks rigorously to enforce the “Overton window” on social media. It has a “whatever it takes” attitude to getting Joe Biden into the White House and removing a maverick element from the political stability it so prizes. Its hatred of public knowledge is behind the persecution of Assange.

The Establishment’s problem is that inequalities of wealth are now so extreme in Western society, that the attempted removal of access by the public to radical thinking is not protecting a stable society, but is protecting a society tilting towards structural instability, in which the lack of job security and decent conditions and pay for large swathes of the population contrasts vividly with the spectacularly flourishing fortunes of the ultra billionaires. Our society desperately needs thinking outside the box into which the social media gatekeepers are attempting to confine us.

An early part of that thinking out of the box needs to relate to internet architecture and finding a way that the social media gatekeepers can be bypassed – not by a few activists, but by the bulk of the population. We used to say the internet will always find a work-around, and there are optimists who believe that the kind of censorship we saw over Hunter Biden will lead to a flight to alternative platforms, but I don’t see that happening on the scale required. Regulation to prevent censorship is improbable – governments are much more interested in regulation to impose more censorship.

The development of social media gatekeeping of internet traffic is one of the key socio-political issues of our time. We need the original founders of the internet to get together with figures like Richard Stallman and – vitally – Julian Assange – to find a way we break free from this. Ten years ago I would not have thought it a danger that the internet would become a method of political control, not of political freedom. I now worry it is too late to avert the danger.

 
 
Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

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Lord Advocate Launches War on Twitter

In what we think is a world first, the Lord Advocate of Scotland is claiming in the contempt of court case against me that I am legally responsible for the content of replies to my tweets.

The claim is founded on an argument that when you tweet, there is a menu which enables you to hide replies. If you do not hide a reply, you are therefore the publisher of that reply. As the Lord Advocate is putting it:

2. That the Twitter account under profile name @CraigMurrayOrg is operated by the Respondent. When the user of such an account publishes a post on Twitter, there is an option for readers to post publicly available comments in relation to each post and to reply to other readers’ comments. Replies to original posts will appear on the timeline of the author of the original post and on the timeline of the author of the reply. The user of the account who published the original cannot delete comments by others but, since November 2019, has the option to hide replies to their original post.

Note this is a very different argument to the accepted principle that if you publish a defamatory or otherwise illegal tweet, you bear a responsibility for people retweeting or passing on the information.

What the Lord Advocate is saying is that you can post a perfectly legal tweet, but you are responsible for any illegal replies. So if you post “Joe’s Fish and Chips are Great”, and somebody replies “But old Joe is a paedophile”, you become the publisher of the reply and liable in law for it (presumably unless you hide it, but that has not been stated in terms). The Lord Advocate is arguing that the reason that this has not previously been the law is that it is a new situation, with the “hide reply” option only being added in November 2019.

The reason this argument is being made is that the Crown is struggling to prove I published anything illegal myself, but believes a reply to one of my tweets is more obviously illegal.

The situation on Twitter is very different to a blog or media website. This website is mine. It is registered to me, I am the publisher and I accept responsibility for its content. Even there, however, the law on comments is much more nuanced than people realise and I am not generally liable for comments unless there was something in the content of my original post that was illegal or encouraged illegality, given that reasonable arrangements for moderation are in place.

But neither you nor I nor any other user is the publisher of Twitter. There is no sensible view in which you are the publisher of replies to your tweets. Twitter is the publisher of tweets and users are responsible for what they tweet.

The Lord Advocate’s approach would have a massive chilling effect on Twitter and fundamentally change its nature. When you tweet there is an option to limit who can reply. People would be loathe to allow replies at all if they were liable in law for what other people might say. Nobody wants to have to be constantly checking replies to their tweets, including to old tweets, in case somebody – who may be somebody you never heard of – tweeted something illegal.

For good or ill, Twitter has become a major medium of social and political debate. That dialogue would be entirely changed if replies are routinely turned off. What troubles me is that, in stretching for a way to convict me, the Lord Advocate appears completely oblivious to the very wide consequences of this argument for free speech. The Lord Advocate is of course not only Scotland’s chief prosecutor, he is also a member of the Scottish Government, appointed by the First Minister.

I cannot help but put this together with the Hate Crime Bill, which was condemned as an attack on free speech by every reputable body you can possibly imagine, and conclude that Scottish Government has no concern whatsoever for the concept of freedom of speech. It simply does not feature in their internal thinking, and is of no concern unless hammered upon them from outside.

The doctrine that Twitter users are the legal publishers of replies to their tweets has massive implications were it to succeed in court. That it should be recklessly resorted to as part of this vindictive attack on me, shows how deep down the rabbit hole we are going.

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Where Is My Final Assange Report?

Numerous people have contacted me in various ways to ask where is my promised report on the final day of the Assange hearing, to complete the account?

It is difficult to explain this to you. When I was in London it was extremely intense. This was my daily routine. I would attend court at 10am, take 25 to 30 pages of handwritten notes, and leave around 5. In court I was always with Julian’s dad John, and usually for lunch too. After court I would thank supporters outside the courtroom, occasionally do some media and often meet with the Wikileaks crew to discuss developments and tactics. I would then get back to my hotel room, have a bite to eat and go to bed around 6.30pm to 7pm. I would awake between 11pm and midnight, shower and shave, read my notes and do any research needed. About 3am I would start to write. I would finish writing around 8.30am and proofread. Then I would get dressed. About 9.30am I would make any last changes and press publish. Then I would walk to the Old Bailey and start again.

Apart from being exhausting, I was totally immersed in a bubble, and buoyed by the support of others close to Julian, who were also inside that bubble.

But in that courtroom, you were in the presence of evil. With a civilised veneer, a pretence at process, and even displays of bonhommie, the entire destruction of a human being was in process. Julian was being destroyed as a person before my eyes. For the crime of publishing the truth. He had to sit there listening to days of calm discussion as to the incredible torture that would await him in a US supermax prison, deprived of all meaningful human contact for years on end, in solitary in a cell just fifty square feet.

Fifty square feet. Mark that out yourself now. Three paces by two. Of all the terrible things I heard, Warden Baird explaining that the single hour a day allowed out of the cell is alone in another, absolutely identical cell called the “recreation cell” was perhaps the most chilling. That and the foul government “expert” Dr Blackwood describing how Julian might be sufficiently medicated and physically deprived of the means of suicide to keep him alive for years of this.

I encountered evil in Uzbekistan when the mother brought me the photos of her son tortured to death by immersion in boiling liquid. The US government was also implicated in that, through the CIA cooperation with the Uzbek Security Services; it happened just outside the US military base at Karshi-Khanabad. Here was that same evil paraded in the centre of London, under the panoply of Crown justice.

Having left the bubble, my courage keeps failing me to return to the evil and write up the last day. I know that sounds either pathetic or precious. I know the mainstream journalists who revel in portraying me as mentally unstable will delight to mock. But this last few days I can’t even bring myself to look at my notes. I feel physically ill when I try. Of course I will complete the series, but I may need a little time.

 
 
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Either Nicola Sturgeon or Geoff Aberdein is Lying on Oath – and Proving Which Will Be Easy

It is impossible that both Nicola Sturgeon and Geoff Aberdein are tellng the truth about their meeting on 29 March 2018, which both now say discussed allegations against Alex Salmond.

Geoff Aberdein, Alex Salmond’s former Chief of Staff testified under oath in the Salmond trial that he was contacted in mid-March by phone by Nicola Sturgeon’s office to discuss historic allegations against Alex Salmond, and was asked to a meeting with the First Minister on 29 March. Aberdein testified he was so concerned that he arranged a conference call with Kevin Pringle and Duncan Hamilton QC to discuss this.

By contrast, Sturgeon claims in her evidence to the parliamentary inquiry that the meeting happened by accident, that she had no knowledge it would discuss allegations against Alex Salmond, and subsequently she had entirley forgotten about it; forgetting about it especially when replying repeatedly to parliament, over 18 months, to questioning on when she had first heard of allegations.

As has been reported already, four days earlier – 29 March 2018 – I had spoken with
Geoff Aberdein (former Chief of Staff to Alex Salmond) in my office at the Scottish
Parliament.
Mr Aberdein was in Parliament to see a former colleague and while there came to see
me.
I had forgotten that this encounter had taken place until I was reminded of it in, I think,
late January/early February 2019.
For context, I think the meeting took place not long after the weekly session of FMQs
and in the midst of a busy day in which I would have been dealing with a multitude of
other matters.
However, from what I recall, the discussion covered the fact that Alex Salmond wanted
to see me urgently about a serious matter, and I think it did cover the suggestion that
the matter might relate to allegations of a sexual nature.
Around this time, I had been made aware separately of a request from Mr Aberdein
for me to meet with Alex Salmond.

These two stories are utterly incompatible. Unless we are to believe that Nicola’s office set up a meeting for her without her permission, without telling her the subject, and without subsequently telling her they had set it up. We would also have to believe that Nicola’s private office knew of the allegations for weeks without telling their boss. I can tell you for certain, that is not how the Civil Service works.

The matter is capable of proof. Geoff Aberdein testified he held a conference call with Kevin Pringle and an eminent QC, Duncan Hamilton, ahead of the Sturgeon meeting. Presumably he would have informed Mr Hamilton of the genesis of the meeting to explain why he needed advice. Let the Fabiani inquiry call both Aberdein and Hamilton to give testimony.

It is important to note that if Aberdein is telling the truth – and I was in court when he gave his testimony, which sounded entirely credible – then Nicola Sturgeon’s private office was phoning him about allegations about Salmond weeks before Nicola Sturgeon subsequently claimed to parliament that she first heard anything of all this. Of course, they could have known many months or years before that, but the Aberdein testimony gives us mid-March 2018.

You may, if you wish, choose to believe that Sturgeon’s private office was pursuing these allegations without her knowledge, which must be true if she did not lie to parliament. In which case I have an excellent garden bridge in London to sell you.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

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How a Police State Starts

On Saturday a small, socially distanced vigil of 18 people for Julian Assange at Piccadilly Circus was broken up by twice that number of police and one elderly man arrested and taken into custody. The little group of activists have been holding the vigil every week. I had just arrived to thank them and was astonished to see eight police vans and this utterly unnecessary police action. There could not be a clearer example of “Covid legislation” being used to crack down on unrelated, entirely peaceful political dissent.

I was myself questioned by a policeman who asked me where I lived, how long I had been in London and why, what I had been doing at the Assange trial and when I was going back to Edinburgh. (You can see me very briefly at 10mins 30 secs trying to reason with a policeman who was entirely needlessly engaging in macho harassment of a nice older lady).

Later in the evening I had dinner with Kristin Hrafnsson, editor-in-chief of Wikileaks. I returned to my hotel about 11pm, did my ablutions and went to bed. Just after midnight I was awoken by an insistent and extremely loud pounding at the door of my room. I got naked out of bed and groped my way to open the door a chink. A man dressed like the hotel staff (black trousers, white shirt) asked me when I was checking out. I replied in the morning, and pointed out the hotel knew I was leaving the next day. Why was he asking in the middle of the night? The man said “I was asked to find out”. I closed the door and went back to bed.

The next morning I complained in the strongest possible terms, the hotel refunded me one night’s accommodation. The duty manager who did this added “It was not our fault” but said they could not tell me any more about why this had happened.

The person at my door had a native English accent. I had been staying in the hotel over four weeks and I think I know all of the customer facing staff – not a single one of them has a native English accent. I had never seen that man before. This was a four star hotel from a major chain. I suspect “do not get sleeping guests out of bed after midnight to ask them what time they are checking out” is pretty high on their staff training list. I cannot help but in my mind put it together with my encounter with the police earlier that day, and their interest in when I was returning to Edinburgh, but there seems no obvious purpose other than harassment.

The hotel incident may just be in the strange but unexplained category. The busting of the Assange vigil earlier is of a piece with the extraordinary blanking of the hearing by corporate media and the suppression of its reporting on social media. These are dangerous times.

I am now safely back home in Edinburgh.

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Your Man in the Public Gallery: Assange Hearing Day 21

I really do not know how to report Wednesday’s events. Stunning evidence, of extreme quality and interest, was banged out in precis by the lawyers as unnoticed as bags of frozen chips coming off a production line.

The court that had listened to Clair Dobbin spend four hours cross-examining Carey Shenkman on individual phrases of first instance court decisions in tangentially relevant cases, spent four minutes as Noam Chomsky’s brilliant exegesis of the political import of this extradition case was rapidly fired into the court record, without examination, question or placing into the context of the legal arguments about political extradition.

Twenty minutes sufficed for the reading of the “gist” of the astonishing testimony of two witnesses, their identity protected as their lives may be in danger, who stated that the CIA, operating through Sheldon Adelson, planned to kidnap or poison Assange, bugged not only him but his lawyers, and burgled the offices of his Spanish lawyers Baltazar Garzon. This evidence went unchallenged and untested.

The rich and detailed evidence of Patrick Cockburn on Iraq and of Andy Worthington on Afghanistan was, in each case, well worthy of a full day of exposition. I should love at least to have seen both of them in the witness box explaining what to them were the salient points, and adding their personal insights. Instead we got perhaps a sixth of their words read rapidly into the court record. There was much more.

I have noted before, and I hope you have marked my disapproval, that some of the evidence is being edited to remove elements which the US government wish to challenge, and then entered into the court record as uncontested, with just a “gist” read out in court. The witness then does not appear in person. This reduces the process from one of evidence testing in public view to something very different. Wednesday confirmed the acceptance that this “Hearing” is now devolved to an entirely paper exercise. It is in fact no longer a “hearing” at all. You cannot hear a judge reading. Perhaps in future it should be termed not a hearing but an “occasional rustling”, or a “keyboard tapping”. It is an acknowledged, indeed embraced, legal trend in the UK that courts are increasingly paper exercises, as noted by the Supreme Court.

In the past, the general practice was that all the argument and evidence was placed before the court orally, and documents were read out, Lady Hale said.
She added: “The modern practice is quite different. Much more of the argument and evidence is reduced into writing before the hearing takes place. Often, documents are not read out.
“It is difficult, if not impossible, in many cases, especially complicated civil cases, to know what is going on unless you have access to the written material.”

At least twice in the current case, Judge Baraitser has mentioned that the defence gave her three hundred pages of opening argument, and has done so in the context of doubting the need for all this evidence, or at least for lengthy closing arguments which take account of the evidence. She was highly resistant to any exposition by witnesses of their evidence before cross-examination, arguing that their evidence was already in their statements so they did not need to say it. She eventually agreed on a strict limit of just half an hour for witness “orientation”.

However much Lady Hale thinks she is helping by setting down a principle that the documentation must be available, having Patrick Cockburn’s statement online somewhere will never have the impact of him standing in the witness box and expounding on it. What happened on Wednesday was that the whole hearing was collapsed, with both defence and prosecution lawyers hurling hundreds of pages of witness statement at Baraitser’s head, saying: “You look at this. We can get finished tomorrow morning and all have a long weekend to prepare our next cases.”

I was so disappointed by the way the case petered out before my eyes, that the adrenaline which has carried me through must have dried up. Returning to my room at lunchtime for a brief doze, when I tried to get up for the afternoon session I was overcome with dizziness. I eventually managed to walk to the court, despite the world having decided to present itself at a variety of sharp and unusual angles, and everything appearing to be under glaring orange sodium light. The Old Bailey staff – who I should say have been really friendly and helpful to me throughout – very kindly took me up in a lift and through the advocate’s robing room to the public gallery.

I am happy to say that after court two pints of Guinness and a cheese and ham toastie had a substantial restorative effect. Those who have followed these reports will understand how frustrating it was to be deprived of James Lewis asking Noam Chomsky how he can venture an opinion on whether this extradition is politically motivated when he is only a Professor of Linguistics, or whether he has ever published any peer-reviewed articles. To attempt to encapsulate the wealth of information skipped through yesterday is not the work of an evening.

What I shall do for now is give you the eloquent and brief statement by Noam Chomsky on the political nature of Julian Assange’s actions:

I will also give you the breathtaking testimony of “Witness 2”:

A friend last night gave me the cold comfort that I should not worry about the hurried close of these proceedings reducing the public gaze on the evidence and the arguments (and I think there were altogether nine witness statements yesterday), because that public gaze had been extremely limited, as indeed I have been continually explaining. In other words, it makes no difference. I follow that argument, but it goes against some fundamental beliefs and motivations I have about bearing witness, which I shall need to develop further in my own mind.

In the next few days I will try to bring you a synthesis and analysis of all that passed on Wednesday. Now I need to go to court and see the last few dribbles of this case, and exchange last glances of friendship with Julian for some months.

 
 
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Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

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Your Man in the Public Gallery: Assange Hearing Day 20

Tuesday has been another day on which the testimony focused on the extreme inhumane conditions in which Julian Assange would be kept imprisoned in the USA if extradited. The prosecution’s continued tactic of extraordinary aggression towards witnesses who are patently well informed played less well, and there were distinct signs that Judge Baraitser was becoming irritated by this approach. The totality of defence witnesses and the sheer extent of mutual corroboration they provided could not simply be dismissed by the prosecution attempting to characterise all of them as uninformed on a particular detail, still less as all acting in bad faith. To portray one witness as weak may appear justified if they can be shaken, but to attack a succession of patently well-qualified witnesses, on no basis but aggression and unreasoning hostility, becomes quickly unconvincing.

The other point which became glaringly anomalous, in fact quite contrary to natural justice, was the US government’s continued reliance on affidavits from US Assistant Attorney Gordon Kromberg and Board of Prisons psychiatrist Dr Alison Leukefeld. The cross-examinations by the US government of the last four defence witnesses have all relied on precisely the same passages from Kromberg and Leukefeld, and every single one of the defence witnesses has said Leukefeld and Kromberg are wrong as to fact. Yet under US/UK extradition agreements the US government witnesses may not be called and cross-examined. When the defence witnesses are attacked so strongly in cross-examination on the points of disagreement with Kromberg and Leukefeld, it becomes glaringly wrong that Kromberg and Leukefeld may not be similarly cross-examined by the defence on the same points.

Similarly as to process, the only point of any intellectual purchase which the US government’s lawyers have hit upon is the limited direct experience of the witnesses of the H unit of the ADX Supermax prison. This casts in a stark light last week’s objection to the defence introducing further witnesses who have precisely that experience, in response to the affidavits of Kromberg and Leukefeld on these specific points, which were submitted on 20 August and 2 September respectively. The prosecution objected to these witnesses as too late, whereas both were submitted within a month of the testimony to which they were responding. The US government and Baraitser having ruled out witnesses on this very specific new point, their then proceeding to attack the existing defence witnesses on their knowledge of precisely the point on which they refused to hear new evidence, leaves a very bad taste indeed.

The first witness of the day was Maureen Baird, former warden (governor in UK terms) of three US prisons including 2014–16 the Metropolitan Correction Centre (MCC) New York, which houses a major concentration of Special Administrative Measures (SAMs) prisoners pre-trial. She had also attended national courses and training programmes on SAMs and met and discussed with fellow warders and others responsible for them elsewhere, including Florence ADX.

Led through her evidence by Edward Fitzgerald QC, Baird confirmed that she anticipated Assange would be subject to SAMs pre-trial, based on the national security argument and on all the documentation submitted by the US Attorney, and post-trial. SAMs meant being confined to a cell 23–24 hours a day with no communication at all with other prisoners. In MCC the one hour a day outside your cell was spent simply in a different but identical empty cell known as the “recreation cell”. She had put in an exercise bike; otherwise it was unequipped. Recreation was always completely alone.

Prisoners were allowed one phone call a month of 30 minutes, or 2 of 15 minutes, to named and vetted family members. These were monitored by the FBI.

Fitzgerald asked about Kromberg’s assertion that mail was “free-flowing”. Baird said that all mail was screened. This delayed mail typically by two to three months, if it got through at all.

Baird said that the SAMs regime was centrally determined and was the same in all locations. It was decided by the attorney general. Neither the prison warden nor the Board of Prisons itself had the power to moderate the SAMs regime. Fitzgerald said the US government had claimed yesterday it could be varied, and some people under SAMs could even have a cellmate. Baird replied “No, that is not my experience at all”.

Fitzgerald quoted Kromberg as stating that a prisoner could appeal to the case manager and unit manager against the conditions of SAMs. Baird replied that those people “could do nothing”. SAMs was “way above their pay grade”. Kromberg’s description was unrealistic, as was his description of judicial review. All internal procedures would have to be exhausted first, which would take many years and go nowhere. She had never seen any case of SAMs being changed. Similarly, when Fitzgerald put to her that SAMs were imposed for only one year at a time and subject to annual review, Baird replied that she had never heard of any case of their not being renewed. They appeared simply to be rolled over by the Attorney General’s office.

Baird said that in addition to herself applying SAMs at the MCC, she went on national training courses on SAMs and met and discussed experiences with those applying SAMs at other locations, including the Florence, Colorado ADX. SAMs had strong and negative consequences on prisoners’ mental and physical health. These included severe depression, anxiety disorder and weight loss. Baird said she agreed with previous witness Sickler that if convicted Assange could very well face spending the rest of his life imprisoned under SAMs at the Florence ADX. She quoted a former warden of that prison describing it as “not built for humanity”.

Fitzgerald took Baird to Kromberg’s description of a multi-phased programme for release from SAMs. Baird said she recognised none of this in practice. SAMs prisoners could not participate in any group programmes or meet other prisoners in any circumstances. What Kromberg was describing was not a programme but a very limited list of potential small extra privileges, such as one extra phone call a month. Phase 3 involved mingling with other prisoners and Baird said she had never seen it and doubted it really applied: “I don’t know how that happens”.

Fitzgerald asked Baird about Dr Leukefeld’s claim that some prisoners enjoy Florence ADX so much they did not want to leave. Baird said this was a reflection of the extreme anxiety disorders that could affect prisoners. They became scared to leave their highly ordered world.

It was interesting to see how the prosecution would claim that Baird was unqualified. It was very difficult to counter the evidence of a prison warder about the inhumanity of the prison regime. The US government hit on a quite extraordinary attack. They claimed that the prison system was generally pleasant as described by Leukefeld and Kromberg, but that the prisons in which Baird had worked had indeed been bad, but only because Baird was a bad warden.

Here are brief extracts from the US Government’s cross-examination of Baird:

Clair Dobbin Are you independent?
Maureen Baird I work for one attorney but also others.
Dobbin You appear on a legal website as a consultant – Allan Ellis of San Francisco.
Baird I do some consultancy, including with Allan but not exclusively.
Dobbin You only work for defendants?
Baird Yes.
Dobbin It says that the firm handles appeals and post-conviction placing.
Baird Yes, I tend to get involved in post-conviction or placing.
Dobbin Do you have any experience in sentencing?
Baird What kind of sentencing?
Dobbin That is what I am asking.
Baird I have testified on prison conditions pre-sentence.

This was a much briefer effort than usual to damage the credentials of the witness. After questions on Baird’s exact prison experience, Clair Dobbins moved on to:

Dobbin Do you know the criteria for SAMs?
Baird Yes.
Dobbin Why do you say it is likely Assange will get SAMs? Kromberg only says it is possible.
Baird Kromberg talks about it a very great deal. It is very plainly on the table.
Dobbin It is speculative. It can only be decided by the Attorney General as reasonably necessary to prevent the disclosure of national security information.
Baird They have made plain they believe Assange to hold further such information.
Dobbin You are not in any position to make any judgement.
Baird It is my opinion he would be judged to meet that criterion, based on their past decisions.
Dobbin How can you say the risk exists he would disclose national security information?
Baird He is charged with espionage. They have said he is a continuing risk.
Dobbin I am suggesting that is highly speculative and you cannot know.
Baird I am judging by what the government have said and the fact they have so much emphasised SAMs. They very definitely fail to say in all this that SAMs will not be applied.

After further discussion on Kromberg’s claims versus Baird’s experience, the US government moved on to the question of the SAMs prisoners under Baird’s care in the MCC.

Dobbin You say they were in solitary confinement. The officers on the unit did not have human contact with the prisoners?
Baird They did not speak to inmates.
Dobbin Why not?
Baird That is not what prison officers do.
Dobbin Why not? You were in charge?
Baird They just open the small viewing slot in the iron door every half hour and look through. Conversation just did not happen.
Dobbin You could encourage that?
Baird I could lead by example. But ordering conversation is not something a prison warden does. I did not have that authority. There are unions. If I instructed the prison officers to socialise with the prisoners, they would reply it is not in their job description.
Dobbin Oh, come on! You could encourage.
Baird On a normal basis, those officers do not talk to inmates.
Dobbin Did you tell your staff to? Wouldn’t the first thing you do be to tell your staff to talk?
Baird No. That’s not how it works.
Dobbin Did you raise your concerns about SAMs with those above you?
Baird No.
Dobbin Did you raise your concerns with judges? (brief discussion of a specific case ensued)
Baird No.
Dobbin Did you raise concerns about the conditions of SAM inmates with judges?
Baird No. They were a very small part of the prison population I was dealing with.
Dobbin So you didn’t encourage staff or raise any concerns?
Baird I tried to be fair and compassionate. I talked to the isolation prisoners myself. The fact that other staff did not engage is not uncommon. I do not recall making any complaints or recommendations.
Dobbin So these conditions did not cause you any concerns at the time. It is only now?
Baird It did cause me concerns.
Dobbin What did you do about your concerns at the time?
Baird I did not think I had any influence. It was way above me. SAMs are decided by the Attorney General and heads of the intelligence agencies.
Dobbin You did not even try.

This was an audacious effort to distract from Baird’s obviously qualified and first-hand evidence of how dreadful and inhuman the regime is, but ultimately a complaint that Baird did not try to modify the terrible system does not really help the government case. In over two hours of cross-examination, Dobbin again and again tried to discredit Baird’s testimony by contrasting it with the evidence of Kromberg and Leukefeld, but this was entirely counter-productive for Dobbin. It served instead to illustrate how very far Kromberg’s and Leukefeld’s assurances were from the description of what really happens from an experienced prison warden.

Baird demolished Dobbin’s insistence on Kromberg’s description of a functioning three-stage programme for removal of SAMs. When it came to Dr Leukefeld’s account of SAMs prisoners being allowed to take part in psychiatric group therapy sessions, Baird involuntarily laughed. She suggested that from where Dr Leukefeld sat “in the central office”, Leukefeld possibly genuinely believed this happened.

The afternoon witness was an attorney, Lindsay Lewis, who represents Abu Hamza, who is held at ADX Florence. The videolink to Lewis had extremely poor sound and from the public gallery I was unable to hear much of her testimony. She said that Hamza, who has both forearms amputated, had been kept in solitary confinement under SAMs in the ADX for almost ten years. His conditions were absolutely inappropriate to his condition. He had no prosthesis sufficient to handle self-care and received no nursing care at all. His bed, toilet and sink were all unadapted and unsuitable to his disability. His other medical conditions including severe diabetes, hypertension and depression were not adequately treated.

Lewis said that the conditions of Hamza’s incarceration directly breached undertakings made by the US government to the UK magistrates’ court and High Court when they made the extradition request. The US had stated his medical needs would be fully assessed, his medical treatment would be adequate, and he was unlikely to be sent to the ADX. None of these had happened.

In cross-examination, Dobbin’s major point was to deny that the assurances given to the British authorities by the US Government at the time of Hamza’s extradition amounted to undertakings. She was also at great pains to emphasise Hamza’s convicted terrorist offences, as though these justified the conditions of his incarceration. But the one thing which struck me most was Lewis’s description of the incident that was used to justify the continued imposition of SAMs on Hamza.

Hamza is allowed to communicate only with two named family members, one of whom is one of his sons. In a letter, Hamza had asked this son to tell his one-year-old grandchild that he loved him. Hamza was charged with an illegal message to a third party (the grandson). This had resulted in extension of the SAMs regime on Hamza, which still continues. In cross-examination, Dobbin was at pains to suggest this “I love you” may have been a coded terrorist message.

The day concluded with a foretaste of excitement to come, as Judge Baraitser agreed to grant witness anonymity to the two UC Global whistleblowers who are to give evidence on UC Global’s spying on Assange in the Ecuadorean Embassy. In making application, Summers gave notice that among the topics to be discussed was the instruction from UC Global’s American clients to consider poisoning or kidnapping Assange. The hidden firearm with filed-off serial numbers discovered in the home of UC Global’s chief executive David Morales, and his relationship to the Head of Security at the Las Vegas Sands complex, were also briefly mooted.

 
 
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Your Man in the Public Gallery: Assange Hearing Day 19

Today was the worst day for the defence since the start of the trial, as their expert witnesses failed to cope with the sheer aggression of cross-examination by the US Government and found themselves backing away from maintaining propositions they knew to be true. It was uncomfortable viewing.

It was not that the prosecution had in any way changed their very systematic techniques of denigrating and browbeating; in fact the precise prosecution template was once again followed. It goes like this.

  1. undermine academic credentials as not precisely relevant
  2. humiliate by repeated memory test questions of precise phrasing of obscure regulations or definitions
  3. denigrate relevance of practical experience
  4. iterate official positions and challenge witness to say they are expressed by named officials in bad faith
  5. humiliate by asking witness to repeat from memory regulations for expert testimony in UK courts
  6. run though a list of qualifications and government positions relevant to the subject and make witness say one by one they have not held them
  7. claim testimony is biased or worthless because it does not include government assertions at full length.

You will note that none of this has anything to do with the truth of the actual evidence, and to date almost all witnesses have easily, sometimes contemptuously, seen off this intellectually shallow method of attack. But today was another story. The irony was that, when it came to the real subject matter of the evidence, it was obvious to any reasonable person that the prosecution claims of the good conditions in the American Prison service for high profile national security prisoners are just nonsense. But it was a day when the divorce between truth and court process was still plainer than usual. Given the horrific reality this process was disguising, it was a hard day to sit through.

First to give evidence by videolink was Yancey Ellis. An attorney with a doctorate in law, Ellis has been practising for 15 years including five as a US Marine Judge Advocate. He currently practises in Alexandria, Virginia, where he is now private, having formally been a public defender. As such he is very familiar with the Alexandria Detention Centre where Assange would be held pre-trial. This includes visiting clients in the Administrative Segregation, (AdSeg or X block) where high profile and national security prisoners are held.

He testified that pre-trail detention could last many months or even years. Isolation from other prisoners is the purpose of the X block. Prisoners are in tiny cells of approximately 50 square feet, which is under 5 square metres. The bed is a shelf. On a daily basis only one to two hours are allowed outside the cell, into a small area outside at a time when nobody else is there. The second hour was generally available only in the middle of the night, so was not utilised.

Edward Fitzgerald, QC for the defence, asked Ellis whether prisoners in Administrative segregation could associate. Ellis replied “not really”. The purpose of AdSeg was to prevent it. You were never allowed out of your cell at the same time as another AdSeg prisoner. Contrary to the assertions of Gordon Kromberg, it was very difficult to talk through the thick steel doors. You would have to scream at the top of your voice to be heard at all. Ellis had tried it himself to consult with his clients. Communication was only possible if he could find a deputy to open a food flap for him. As prisoners in AdSeg were locked down, the unit was not usually staffed.

Ellis said that AdSeg was solitary confinement, on the definition of more than 22 hours a day alone with no human interaction. In practise, there was no appeal to the judicial authorities on prison conditions. “Courts will defer to the jail on how they house inmates” [which of course mirrors Baraitser’s answers to requests to ameliorate Assange’s periods in solitary confinement and other mistreatment in Belmarsh prison].

Fitzgerald pointed out that the AdSeg regime Ellis described was even without the addition of Special Administrative Measures, which bring additional restrictions. Ellis confirmed none of the clients he represented was subject to SAMs. He confirmed they did get phone access, but only to a service that allowed them to send “pre-recorded phone calls” to relatives. Fitzgerald then asked how this was affected by SAMs, but James Lewis QC objected on the grounds Ellis had said he had no direct knowledge and Baraitser upheld that.

Fitzgerald asked Lewis about provision of medical and psychiatric care. Ellis replied that the Alexandria Detention Centre does not employ a doctor. There were some social work and counselling services available in-house. Medical services were provided by a private firm. It could take several weeks to see a psychiatrist, even in a crisis. Asked about suicide risk, Ellis said prisoners could be made to wear a “special suit” [straitjacket?] and had shoelaces, belt etc. removed.

James Lewis QC then cross-examined for the US government and I think this is best conveyed as dialogue. Again this is slightly condensed and paraphrased. It is not a transcript (it would be illegal for me to take a transcript; no, I don’t know why either).

Lewis You have described US Assistant Attorney Gordon Kromberg’s testimony as “inaccurate or incomplete”. How many prisoners are there currently in Alexandria Detention Centre?
Ellis Approximately 300.
Lewis You say there are four or six cells in administrative segregation?
Ellis Yes, in the H block.
Lewis Your info comes from your visits and from prisoners?
Ellis Yes.
Lewis Have you interviewed the governor?
Ellis No.
Lewis Have you interviewed the custodial staff?
Ellis No.
Lewis Have you interviewed the psychiatrists or psychologists?
Ellis No.
Lewis You have given one side of the story. One side of the picture. Do you agree?
Ellis Do I agree there are two sides to every story?
Lewis US Marshalls annually inspect the jail. Do you disagree?
Ellis I don’t know.
Lewis Kromberg says it was inspected on August 5 2019 by US Marshalls and found fully compliant. What do you say?
Ellis Alright.
Lewis Also the Commonwealth of Virginia inspected July 23-5 2019. There have been no suicides during the current inspection period.
Ellis They have a good track record when it comes to completed suicides.
Lewis Have you read these reports? Do you know the findings of these reports? You don’t know how prisoners are assessed for different types of housing?
Ellis I have frequently asked for assessment reports in individual cases. I have never been given them.
Lewis You don’t know that Assange will be placed in Administrative Segregation?
Ellis I would bet that he will.
Lewis Kromberg has stated that AdSeg prisoners have access to prisoner programmes but you have testified otherwise. But you have never represented federal prisoners, have you?
Ellis There is no difference in treatment inside the jail between state and federal prisoners.
Lewis Were you asked by the defence to state that AdSeg is solitary confinement?
Ellis No.
Lewis There is unlimited access to your lawyers. That is not considered in your definition of solitary confinement.
Ellis Not unlimited.
Lewis AdSeg prisoners have library access?
Ellis Rarely. They may be able to go there in their time outside the cell, but only if it can be empty at that time so they do not meet anybody.
Lewis You say Assange will be housed in AdSeg on the ground floor. You cannot know that.
Ellis National security prisoners are all on the ground floor. The higher floors are for general population.
Lewis Your clients in AdSeg were a security risk. Do you know that Assange will be so deemed?
Ellis No.
Lewis How do you know Assange won’t be kept in the medical wing?
Ellis High profile prisoners are not allowed to mix with the general population.
Lewis But won’t Mr Assange benefit from a phalanx of lawyers questioning his conditions. Don’t you think his publicity and support will bring better treatment?
Ellis I don’t know that will be the effect.

Edward Fitzgerald then re-examined for the defence.

Fitzgerald Your judgements are based on your personal observations?
Ellis Yes, and the reports of my clients.
Fitzgerald And why do you say Assange will be kept on the H block?
Ellis It’s the design of the jail. Nowhere else a long term AdSeg prisoner could be held.
Fitzgerald On prisoner programmes, you say they would not be possible if it involved meeting another prisoner?
Ellis Yes, and there are no individual programmes.

For the first time in this trial, Baraitser herself now asked a question of the witness. She asked Ellis why he thought Assange would not be held in the general prison population, as he currently was at Belmarsh. Ellis said it was because he was a public figure in a high profile case. Baraitser suggested that in the UK, being a high profile figure did not mean different treatment. Ellis said he was simply recounting the actual practice of the Alexandria jail in such cases.

Baraitser’s intervention was extraordinary given she had heard irrefutable evidence from Dr Blackwood that Assange had been placed into isolation in the medical wing in Belmarsh after somebody took a brief snatch of video of him, to prevent “reputational damage” to the prison. Yes, now she was saying high profile prisoners in the UK are not removed from the general prison population. She seems to have an infallible mental filter for blocking inconvenient information.

Her less subconscious filter was next in evidence, as there was time for a quick procedural judgement before the next witness, on the question of the decision of the prison governor on Julian Assange in the razor blade in the cell case. The record of the hearing on this ran to a minimum of 19 paragraphs, the judgement itself being in paragraph 19. Baraitser had indicated she was minded only to take para 19 as evidence, although the defence said the whole document contained very useful information. I am told that paras 1 to 18 include information on the extraordinary decision to place Julian Assange in solitary confinement disguised as “healthcare”, including the fact Belmarsh chief medic Dr Daly had produced not one of the compulsory monthly medical reports in his five months on the medical wing.

In one of those accommodations I find inexplicable, the defence conceded, without forcing Baraitser to a judgement, that paragraphs 1 to 18 should be ignored and only para 19 accepted as evidence, on the understanding it did establish the existence of the razor blade and thus vindicate Prof Kopelman’s judgement, and showed the charge had merely been dismissed as not timeous.

Yancey Ellis’s cross-examination above reads very well, and he did provide good answers to the prosecution attack. But he sounded rattled and nervous, and the performance was less convincing than it reads. This was to get much worse for the defence.

The next witness was Joel Sickler. He has a Master’s degree in the administration of justice and has worked for forty years in sentencing and advocacy. He is head of an organisation called Justice in Alexandria, Virginia, an expert in prison conditions, and has visited over 50 prisons across the United States. His organisation makes representations to the court on which institutions are suitable for a prisoner. He testified that he had made dozens of visits to the Alexandria Detention Centre.

He testified that in line with policy Assange would be placed in AdSeg due to his involvement in national security issues and concerns he might pass secrets on to other prisoners. He might also be categorised as needing protection from other prisoners and from self-harm. He would have zero to very limited contact with other prisoners. Sickler characterised Kromberg’s claim that inmates could communicate with each other through the steel doors and thick plexiglass windows as “ridiculous”. If SAMs were applied on top, that involved statutory isolation.

Sickler said that his knowledge of post-incarceration conditions at ADX Florence in Colorado came largely from reading reports. He had one client in there who was not subject to SAMs but was still effectively in solitary confinement for twenty years, despite a clean conduct record. Fitzgerald asked about provision of medical and psychiatric care, and Sickler stated that across the federal system he had dozens of clients who had found a way to commit suicide. In ADX specifically, there was a possibility of being transferred to a Federal medical centre in extreme cases.

At the ADX, Assange would be kept in the SSU known as the H block. With or without SAMs, contact with other prisoners would be completely barred. Contact with the outside world would be extraordinarily limited. Any contact permitted with family would be monitored by the FBI. One 15-minute phone call was allowed per month. Post conviction, contact with lawyers was very limited.

Fitzgerald asked how you could appeal against SAMs or other prison conditions. Sickler replied that appealing even over minor administrative matters virtually never succeeds. SAMs can only be varied by the Attorney General. In the prison system generally, Sickler had filed many thousands of requests on prison conditions and perhaps a dozen had succeeded. With SAMs there was effectively no chance. Solitary confinement could be indefinite in ADX – there was no upper limit.

Fitzgerald asked about changes in the prison after the Cunningham Mitigation settlement. Sickler said changes had been nominal. Any real improvement had only affected lower security prisoners. On prison conditions in general “Official statements, public pronouncements are one thing, reality in prison is something else”. The affidavit by Dr Alison Leukefeld for the government looked great on paper but was not the practice. On the other hand, reports by organisations like the Marshall Project exactly matched with his practical experience. Official statistics, like only 3% of federal prisoners having mental health problems, “do not ring true to me”. There was a significant risk Assange would not receive adequate physical and mental healthcare.

Clair Dobbin then rose to cross-examine. Again, I will report this as dialogue.

Dobbin What do you actually do? Do you work for the defence in cases?
Sickler Yes, I help identify the appropriate institution for imprisonment and help clients navigate the prison system.
Dobbin So prisoner advocacy?
Sickler Yes.
Dobbin So you only go to prisons to visit those you represent?
Sickler Yes.
Dobbin So you are not a prison inspector?
Sickler No, I am not.
Dobbin So you are not an academic?
Sickler No, I am not.
Dobbin So you are not a psychiatrist?
Sickler No, I am not.
Dobbin So you are not a researcher?
Sickler No, I am not.
Dobbin So you are not a doctor? You don’t get to see medical records?
Sickler No, I am not. But I retain a medical consultant. I look at medical reports and I initiate conduct reports on a daily basis.
Dobbin But you don’t have across the board access? Only in respect of your clients?
Sickler That is right.
Dobbin But you are not a clinician. You do not have the authority to validate medical opinion?
Sickler No, but I employ a medical consultant.
Dobbin Is this consultant a clinical psychiatrist?
Sickler No.
Dobbin Have you represented anybody on SAMs?
Sickler No. SAM-like procedures, but not SAMs which can only be ordered by the attorney general.
Dobbin But you said clearly in your affidavit that you have SAM clients. Did you put that there because you want to give the impression you have more expertise than you do?
Sickler Of course not.
Dobbin You have never been to the AdSeg area of Alexandria Detention Centre. So what is your opinion based on?
Sickler Information given to me by numerous third parties including my clients, other lawyers and the public defender.
Dobbin But did you not think it was important to make plain in your statement this is hearsay?
Sickler I didn’t see the distinction as important.
Dobbin Did you see the rules governing expert evidence to this court?
Sickler Yes. I did not think that was against the rules.
Dobbin You have seen Kromberg’s statement. Do you accept there may be legitimate reasons for Assange to be in AdSeg?
Sickler Absolutely.
Dobbin Prisoners in protective custody receive all the same services and rights as other prisoners?
Sickler Of course.
Dobbin Do you agree that he would be able to attend programmes with other prisoners?
Sickler Not if under SAMs.
Dobbin Do you agree that those in protective custody can meet with other prisoners?
Sickler Certainly.
Dobbin Do you agree there are no restrictions on access to lawyers?
Sickler Absolutely, there is a constitutional right.
Dobbin Do you agree that SAMs can only be imposed by the Attorney General?
Sickler Yes.
Dobbin What is the procedure for that?
Sickler It involves consulting the intelligence agencies.
Dobbin It needs the certification of one of the heads of one of the security agencies that the prisoner is a threat to the United States?
Sickler Yes.
Dobbin You cannot know that Assange will get SAMs. And SAMs differ from person to person.
Sickler Yes, correct.
Dobbin In the case of convicted terrorist El-Haj, he was under SAMs but still allowed access to family members?
Sickler Yes, his immediate family.
Dobbin Provisions depend on the individual prisoner?
Sickler Yes.
Dobbin The judge who convicted [another prisoner not heard clearly] entered the MMC personally to check on prison conditions. Does that not show there is good judicial supervision?
Sickler I have seen it, on rare occasions.
Dobbin SAMS does not restrict access to lawyers.
Sickler How do you access lawyers in Florida ADX? And pre-trial there are scheduling difficulties. If he is under SAMs his lawyer will himself be subject to surveillance.
Dobbin What evidence do you have for that?
Sickler The Lynne Stewart case. Lindsay Lewis.
Dobbin Lynne Stewart was running a message for jihadists (she added much alleged detail). Her client was subject to SAMs to prevent him running a terrorist organisation.
Sickler The case, and others, had a chilling effect on the willingness of lawyers to take on SAM cases involving national security.
Dobbin The Alexandria Detention Centre is not overcrowded
Sickler No, it’s below capacity. It is a well-run jail. The staff are very professional.
Dobbin Kromberg sets out very substantial medical staffing levels.
Sickler I understand those are mostly private contractors, not prison staff. In practice prisoner needs are not meaningfully met. It takes a few days to a few weeks to get treatment.
Dobbin But they do get sufficient treatment?
Sickler There is no real psychiatric intervention. This is not top tier. Usually prisoners are just medicated.
Dobbin So they have access to medication? And someone to talk to?
Sickler Correct.
Dobbin Your evidence only refers to one suicide, at the Metropolitan Correctional Centre.
Sickler That is just one example, one of my current cases.
Dobbin But two prison officers have been charged for that.
Sickler We are always swift to blame a little man.
Dobbin It was not the protocols that were wrong, just two people did not do their job. [This is possibly the Epstein case.] The ADC has a good record on suicide.
Sickler It is a very very arduous, almost torturous system of confinement in AdSeg. Assange has depression and is on the autism spectrum. It will be unbearable for him. Even with healthy clients of mine, there has been a terrifying deterioration in these conditions.
Dobbin The evidence is they are successful in preventing suicide at the ADC.
Sickler Yes, they have a stellar record.
Dobbin In the Babar Ahmad case (2012), the European Court of Human Rights considered SAMs and ruled it was not an unacceptable regime. Has anything changed since 2012?
Sickler Not significantly.
Dobbin You initially said in your report Assange might not be sent to ADX. Now you change your mind. Sentencing is at the discretion of the judge. There is no basis for your report.
Sickler I changed my mind in the intervening period. From the second superseding indictment, the charge is now espionage and the government alleges Assange is a continuing threat to the USA.
Dobbin You were a consultant in the Reality Winner case. She only got 53 months.
Sickler She was a qualitatively different kind of defendant.
Dobbin She was an insider. They normally get harsher sentences. She is serving her sentence in a medical facility.
Sickler Not on medical grounds. It is the closest federal incarceration facility to her family.
Dobbin You say Assange would be in solitary confinement. But Kromberg states that most inmates in special housing are in double cells with a cell-mate.
Sickler That can be worse. Many are violent and mentally unwell. Assaults by cellmates are frequent.

There followed an interchange where Dobbin tried to trip up Sickler over the procedures for committing someone to ADX Florida, but he proved knowledgeable in detail.

Dobbin The procedures say that prisoners with health conditions will not be sent to the ADX unless there are serious security concerns.
Sickler Abu Hamza is there and he has no arms.
Dobbin There are just 14 people in ADX in this category. You have not been there. How do you get your information?
Sickler Reports including the Lowenstein Center and the Center for Constitutional Rights
Dobbin Prisoners at ADX do get family visits.
Sickler How often would Mr Assange get family visits? Why don’t you tell the court?
Dobbin [name not heard] a convicted terrorist who attempted to blow up a plane is in ADX and gets family visits and phone calls.
Sickler He is allowed communication with two named family members. But how often is he allowed to call or see them?
Dobbin You have said solitary confinement at the ADX can be indefinite?
Sickler That’s my impression.
Dobbin What is your source of information?
Sickler It’s from prisoners and lawyers. It’s anecdotal, I admit. But are you saying at some point the US government will decide that Assange won’t be likely to divulge classified information?
Dobbin Do you understand that there are three levels in the H block that defendants can work themselves through to get out?
Sickler No.
Dobbin Did you know that even in SAMs, prisoners can mingle together for social periods?
Sickler No, I did not.
Dobbin (Quotes ECHR judgement endorsing the stepdown programme)
Sickler You have to be within 2 years of release. If you are designated by the Attorney General for SAMs, you are not eligible for that programme. Conditions in the ADX are extraordinarily arduous.
Dobbin Kromberg sets out the stages and says that stage 3 allows contact with other prisoners

Sickler It sounds awful. Even when you reach phase 3 with the extra privileges. If they do that in practice, well that’s wonderful. It still sounds awful to me.
Dobbin There is a progression.
Sickler I should like to know how long it takes.
Dobbin Do you know the numbers who have come out of the ADX? Shouldn’t you know these facts?
Sickler The place is torturous. That is not in dispute.
Dobbin How inmates are treated will depend on how big a security risk they are.
Sickler Precisely.
Dobbin Medical care at the ADX is not affected by SAMs.
Sickler OK.
Dobbin Do you agree that as a result of the Cunningham Settlement there has been a substantial improvement?
Sickler I cannot say.
Dobbin Gordon Kromberg testifies that ADX Colorado has more mental health provision per inmate than any other federal prison.
Sickler That is needed because of the extreme circumstances people are kept in.
Dobbin Does that not indicate to you that the standard of care is good?
Sickler Is there meaningful patient/clinician interaction? I don’t know.
Dobbin The Cunningham Settlement led to over 100 people being removed from ADX.
Sickler But how many had SAMs?
Dobbin We have established that you don’t know anything about the movement out of people with SAMs.
Sickler Yes, you have established that.
Dobbin As a result of the Cunningham Mitigation two new mental institutions were established.
Sickler Yes, for schizophrenia and psychoses.
Dobbin A Department of Corrections report of 2014 shows that some inmates never want to leave ADX as they find the standard of care so good. They re-offend to get back in.
Sickler They cherry-pick whom they speak to. Most prisoners are desperate to get out.
Dobbin Every report gets an official response from the Board of Prisons and policies are constantly upgraded.
Sickler Yes, but I just don’t see results in practice. I had one client recently, a prisoner, who rather than being treated was beaten up and thrown naked in the hole. It took months before a court got him out. Another was refused his diagnosed and prescribed medicines as not in the BoP formulary.
Dobbin In the first case there was judicial review. So the system works.
Sickler After six months.

There was more of this. The cross-examination lasted two and a half hours. Again, it seems much more convincing from Sickler written down than it did live, where he appeared shaken by the aggression. The answers he gave which sound like firm responses, sounded petulant and throwaway when he delivered them. He gave the impression that it was not worth his time to engage with the unreasonable Dobbin and, while I heartily sympathise, that was not the requirement of the moment.

Sickler very definitely gave the impression he was at times agreeing with the prosecutor just because that was the easier line of action. He often did so in a voice that suggested scepticism, sarcasm or mockery, but that was not plain in his words and will not be apparent in the transcript. In normal life, making short sarcastic responses like “Oh yes, it’s marvellous” in reply to ludicrous assertions by the prosecution about the provision of US supermax prisons, may work as a form of ridicule; in a court setting it does not work at all. In fairness to Mr Sickler, being at home rather than actually in a court session will partly account for it. But the court record will say Sickler says prisoner provision in US supermax prisons is marvellous. It doesn’t note sarcasm.

Dobbin is officious beyond the point of offensive; she comes over as properly obnoxious as a person.

The unpleasant irony in all this is that both Sickler and Ellis were mocked and scorned for their lack of personal knowledge of ADX Colorado, when prosecution and judge had combined just on Friday to bar two witnesses who the defence both wished to testify, who had expert personal experience of ADX Florence. That is yet another striking example of the fact that this process is divorced from any genuine attempt to find truth or justice.

 
Forgive me for pointing out that my ability to provide this coverage is entirely dependent on your kind voluntary subscriptions which keep this blog going. This post is free for anybody to reproduce or republish, including in translation. You are still very welcome to read without subscribing.

Unlike our adversaries including the Integrity Initiative, the 77th Brigade, Bellingcat, the Atlantic Council and hundreds of other warmongering propaganda operations, this blog has no source of state, corporate or institutional finance whatsoever. It runs entirely on voluntary subscriptions from its readers – many of whom do not necessarily agree with the every article, but welcome the alternative voice, insider information and debate.

Subscriptions to keep this blog going are gratefully received.

Choose subscription amount from dropdown box:

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Subscriptions are still preferred to donations as I can’t run the blog without some certainty of future income, but I understand why some people prefer not to commit to that.

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Your Man in the Public Gallery: Assange Hearing Day 18

It is hard to believe, but Judge Baraitser on Friday ruled that there will be no closing speeches in the Assange extradition hearing. She accepted the proposal initially put forward by counsel for the US government, that closing arguments should simply be submitted in writing and without an oral hearing. This was accepted by the defence, as they need time to address the new superseding indictment in the closing arguments, and Baraitser was not willing for oral argument to take place later than 8 October. By agreeing to written arguments only, the defence gained a further three weeks to put together the closing of their case.

But this entire hearing has been conducted in effective secrecy, a comprehensive secrecy that gives sharp insight into the politico-economic structures of current western society. Physical access to the courtroom has been extremely limited, with the public gallery cut to five people. Video link access has similarly been extremely limited, with 40 NGOs having their access cut by the judge from day 1 at the Old Bailey, including Amnesty International, PEN, Reporters without Borders and observers from the European Parliament, among many others. The state and corporate media have virtually blacked out this hearing, with a truly worrying unanimity, and despite the implications of the case for media freedom. Finally, the corporations that act as internet gatekeepers have heavily suppressed social media posts about Assange, and traffic to those few websites which are reporting.

I am reminded of the words of another friend of mine, Harold Pinter, in accepting the Nobel Prize for Literature. It seems perfectly to fit the trial of Julian Assange:

It never happened. Nothing ever happened. Even while it was happening it wasn’t happening. It didn’t matter. It was of no interest. The crimes of the United States have been systematic, constant, vicious, remorseless, but very few people have actually talked about them. You have to hand it to America. It has exercised a quite clinical manipulation of power worldwide while masquerading as a force for universal good. It’s a brilliant, even witty, highly successful act of hypnosis.

Harold sent me a copy of that speech printed for the ceremony, with a kind dedication that I knew was by then painful for him to write as lines of ink shot uncontrollably across the page. After he died, I had it framed and it hangs on my study wall. That was a mistake. When I get back home to Edinburgh, I will break the frame and get the pamphlet out. It needs to be read, often.

The closing arguments are the part of any trial which the media is most likely to report. They sum up all the evidence heard on both sides and what might be drawn from the evidence. To have these simply submitted on paper, without the drama of the courtroom, is to ensure that the hearing will continue to be a media non-event.

The timetable which has been accepted is that the defence will lodge their closing arguments in writing on 30 October, the prosecution will reply on 13 November, with the defence able to make a further response by 20 November purely on any legal questions; Baraitser will then deliver her judgement in January. She made plain that she would not accept any further submissions based on developments in the interim, including the US Presidential election.

Friday was yet another day when the process was as important to the result as the evidence heard, if not more so. The day had started with discussion over a defence attempt to submit two new statements from two new witnesses. Both were psychiatrists with expert knowledge of the US prison system. Previous witnesses, both psychiatrists and US attorneys, who had testified for the defence had been criticised by the prosecution as not having direct knowledge of the specific prison, ADX Florence, Colorado, in which Julian would serve his sentence if convicted.

The prosecution had provided two affidavits on conditions in the prison, one from US Assistant Attorney Gordon Kromberg dated 20 August 2020 and one from a prison psychiatrist named Leukefeld dated 3 September 2020. Now it is a very strange feature indeed of these extradition hearings that the defence have no right to cross-examine witnesses who are US federal employees. Gordon Kromberg has submitted five separate affidavits, containing much which is disputed hotly as to fact, but he cannot be cross-examined. Nor may Leukefeld be cross-examined.

Fitzgerald made the point that the defence had to respond to this prosecution evidence somehow, as it could not be cross-examined. He stated that as it had been submitted by the prosecution with the last four weeks, it had taken the defence a little time to find expert witnesses who were in a position to contradict, and then to take their evidence. The defence now had two excellent witnesses with personal knowledge of ADX Florence, and wished to enter their evidence. The defence accepted that because Baraitser had stated the trial will end next week, there would not be time to cross-examine these new witnesses. But then, the prosecution witnesses could not be cross-examined either. As Fitzgerald put it “the prosecution do not have a divine right to cross-examine our witnesses when we do not have any right to cross-examine their witnesses.”

For the US government, James Lewis QC “strongly objected” to this new evidence being submitted. He said the defence had more than a year to prepare these statements and kept trying to prolong the hearing. He said that the defence witnesses did not have the authority of the US government witnesses, and they needed to be cross-examined because many of the defence “experts” were not really expert at all. If these witnesses were called, he would insist on the right to cross-examine and that would extend the hearing.

Having heard the lawyers, Judge Baraitser yet again read out a ruling from her laptop which had been written before she heard either Lewis or Fitzgerald speak. Entirely predictably, she ruled that the defence statements were not admissible, as being too late. The defence “had had a fair opportunity to investigate”. Defence witnesses must be liable to cross-examination. These proceedings had lasted too long already and there must be an end to new evidence. “As a matter of fairness a line must be drawn”, she intoned. She seemed particularly pre-occupied with the notion of “fairness”, which apparently almost always entails ruling against the defence.

For the first time in the course of these hearings, Baraitser did look up briefly from her pre-prepared judgement to insert a reference to something Fitzgerald had said in court, that one possible approach might be that the new defence evidence could simply be cited as though it were an academic article. But only to dismiss it.

So, no closing speeches and two key witnesses not admitted.

We then moved on to the next leg of this very peculiar procedure, in which “case management” always trumps justice, with another defence evidence statement of which an agreed “gist” is simply read into the record, with no cross-examination. Under this procedure, which Baraitser expressly initiated to save time, where the defence will agree, witness statements are whittled down simply to those facts which are uncontested, and a “gist” or edit of that edit is read out, with the whole redacted statement entered into the court record.

The defence have allowed themselves to be too easily browbeaten into submission on all of this “time saving”, which is of course pursued by the judge and the US government in the interests of having as little embarrassing information aired in public as possible, and closing down the hearing quickly. One consequence of the rather hangdog defence approach to this is that, after the first very effective reading of key passages from el-Masri’s evidence, subsequent “gists” read into the record have been raced through, as though the defence realise this evidence has been reduced to a pointless formality, with no expression or weight in the reading and at a speed that far exceeds my ability to take an accurate note.

Like Thursday’s evidence from John Young of Cryptome, the witness statement of Jakob Augstein was important evidence that went to the fact that it was not Assange or Wikileaks who first published the unredacted material, and Augstein added additional information that Assange had tried to prevent it. Before Der Freitag had published its article of 25 August 2011, which revealed that both the password key and the file were out there, Assange had telephoned Augstein, editor of Der Freitag:

This evidence negates the main thrust of the prosecution case, so much so that I cannot understand why the defence have agreed to having it slipped into the record in a manner nobody notices.

The other interesting point about Augstein’s evidence is that it pointed squarely at the possibility that it has been Daniel Domscheit-Berg who, in defecting from Wikileaks, had been responsible for the emergence of the encrypted but unredacted cache on the net.

We then came on to the only witness who was actually heard in person on Friday, Patrick Eller, by videolink from the States. He was to address the accusation that Assange conspired with Chelsea Manning to crack a hash key password and obtain the documents which Manning leaked, and/or to help Manning cover her tracks. Securing Eller was rather a coup for the defence as there could not be a better expert witness on this particular subject. Eller is CEO of Metadata Forensics and a Professor teaching forensic evidence at the US Army Law School. A 25 year veteran, he was commander of the US Army digital forensic investigations unit at US Army Criminal Investigation Command in Virginia.

I am not going to use my usual technique of reporting through Eller’s evidence and cross-examination chronologically, because the subject matter does not lend itself to that, being both highly technical and delivered in a very disjointed fashion. This was partly due to the approach by James Lewis QC, counsel for the US government, who adopted a policy of asking long runs of technical questions about the operation of the computer systems, most of which were basic, irrelevant, and both required and got the simple answer “yes”, and then after a run of a dozen to twenty “yeses”, Lewis would throw in a more dubious proposition. This did once work when he got a “yes” to the proposition that “a great hacker can crack a great cypher” by this system of inducing impulsive repetition of “yes”. Lewis went on to claim that Assange had once self-described as “a fantastic hacker”.

I am not attempting to hide the fact that there were passages of Eller’s testimony in court which I simply did not understand. When I get a new laptop, it takes me days to work out how to turn it on and I am yet to find how to transfer any information from an old one. There are very definitely readers who would have done a much better job than me of reporting this, but then I was there and you were not. So these, for me, were the key points of Eller’s evidence.

With respect to the Jabber conversations between Chelsea Manning and “Nathaniel Frank”, which form the basis of the charge of aiding the commission of computer intrusion, there is no forensic evidence that “Nathaniel Frank” is Julian Assange, or indeed any single individual.

The “Hash key”, or encrypted half of a password, which Manning had requested assistance with cracking could not have been cracked with the technology available in 2010. It was “impossible” and “computationally infeasible”, according to Eller. This could not have been done with a brute force attack, dictionary attack or rainbow table. In cross-examination Lewis explored this at great length and read from a 2009 article on a vulnerability in Windows XP precisely with regard to the hash key system. Eller replied this was well known, but Microsoft had fixed it with a patch well before the events in question. That made it in practice impossible for the code to be cracked using one half of the hash key. Lewis did not query this and quickly moved on; it appeared he knew of the patch all along.

Perhaps Eller’s most telling evidence was that Manning had in fact already downloaded the bulk of the material passed to the Wikileaks dropbox before initiating the conversation with Frank at all. Manning had full access to the SIPRnet, or classified infranet of material up to secret, under her own username, and had already been downloading using a program called wget. Furthermore, Manning had already been taking steps to protect her identity by rebooting from a Linux CD thus evading several Windows security features. That would have been at least as effective as downloading from the FTP account if preventing detection were the goal.

Manning therefore had no need of help from “Nathaniel Frank”, either to obtain the classified documents or to cover her tracks, although the problem of downloads being traceable to the IP address would remain. But this would not have been solved anyway by Manning’s interest in logging in to a File Transfer Protocol account. There was much discussion as to whether the FTP account would or would not have admin privileges, but as Eller was insistent it would neither have increased her access to classified material nor have better enabled her to cover her tracks, and that they could not have cracked the password with the hash key half anyway, I did not quite understand where that discussion was leading.

One particularly jolting bit of information from Eller was that the SIPRnet from which Manning had downloaded all the material was open to “millions” of users. Eller’s final key point was that all of his evidence was consistent with the findings of the prosecution at Manning’s court martial, and presumably thus with the investigations of his old forensic team. Some of the lines taken by Lewis – including that it was in fact possible to crack the password from the half hash key – are inconsistent with the US prosecution’s own forensic evidence at the Manning court martial.

Eller’s evidence is an example of those occasions where I know the comments below the line will be much more informed than my own efforts!

Finally and ominously, Baraitser heard arguments on whether the full medical records of Assange from the doctors and psychiatrists who had given evidence should their public be released to the media. They have been requested by the press. The records contain a huge amount of background and many intimate details of Julian’s childhood and relationships which are in evidence but were not given in open court by the doctors. Both defence and prosecution opposed release, but Baraitser kept referring to “open justice”. You will remember that earlier this year, Baraitser decided that it was in the interests of “open justice” to release to the media the identity of Julian’s partner Stella Moris and her children. That too was against the wishes of both prosecution and defence.

That a judge so intent on shutting down or refusing to hear defence evidence is suddenly so preoccupied with “open justice” when it comes to hurting Assange by release of his deeply personal information, is a great irony. Baraitser will rule on this on Monday and I hope humanity has prevailed with her.

 
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Your Man in the Public Gallery: Assange Hearing Day 17

During the hearing of medical evidence the last three days, the British government has been caught twice directly telling important lies about events in Belmarsh prison, each lie proven by documentary evidence. The common factor has been the medical records kept by Dr Daly, head of the jail’s medical services. There has also been, to put it at its very lightest, one apparent misrepresentation by Dr Daly. Personally, I am wary of the kind of person who impresses Ross Kemp.

Here is a still of Dr Daly from Ross Kemp’s documentary on Belmarsh prison.

This is Mr Kemp’s description of the medical wing at Belmarsh: “Security is on another level here with six times more staff per inmate than the rest of the jail.”

While in the medical wing or “healthcare”, Julian Assange was in effect in solitary confinement, and three psychiatrists and a physician with extensive experience of treating trauma have all testified in court that Assange’s mental and physical condition deteriorated while he was in “healthcare” for several months. They also said he improved after he left “healthcare”. That says something profound about the “healthcare” being provided. The same doctors testified that Assange has a poor relationship with Dr Daly and will not confide his symptoms or feelings to her, and this has also been asserted by defence council.

That is all essential background to the lies. Now let me come to the lies. Unfortunately to do so I must reveal details of Julian’s medical condition which I had withheld, but I think the situation is so serious I must now do that.

I did not report that Professor Michael Kopelman gave evidence that, among other preparations for suicide, Julian Assange had hidden a razor blade in his folded underwear, but this had been discovered in a search of his cell. As I did report, Kopelman was subjected to an extremely aggressive cross-examination by James Lewis, which in the morning had focused on the notion that Julian Assange’s mental illness was simply malingering, and that Kopelman had failed to detect this. The razor blade was a key factor in Lewis’s browbeating of Kopelman, and he attacked him on it again and again and again.

Lewis stated that Kopelman “relied on” the razor blade story for his diagnosis. He then proceeded to portray it as a fantasy concocted by Assange to support his malingering. Lewis asked Kopelman repeatedly why, if the story were true, it was not in Dr Daly’s clinical notes? Surely if a prisoner, known to be depressive, had a razor blade found in his cell, it would be in the prison medical records? Why had Prof Kopelman failed to note in his report that there was no evidence for the razor blade in Dr Daly’s medical records? Was he hiding that information? Was it not very strange that this incident would not be in the medical notes?

In an attempt to humiliate Kopelman, Lewis said
“You say you do not rely on the razor blade for your diagnosis. But you do rely on it. Let us then look at your report. You rely on the razor blade at paragraph 8. You mention it again at paragraph 11a. Then 11c. Then paragraph 14, paragraph 16, 17b, 18a. Then we come to the next section and the razor blade is there at paragraph 27 and 28. Then again in the summary it is at paragraphs 36 and again at paragraph 38. So tell me Professor, how can you say that you do not rely on the razor blade?”
[I do not give the actual paragraph numbers; these are illustrative].

Lewis then went on to invite Kopelman to change his diagnosis. He asked him more than once if his diagnosis would be different if there was no razor blade and it were an invention by Assange. Kopelman was plainly unnerved by this attack. He agreed it was “very odd indeed” it was not mentioned in the medical notes if it were true. The plain attack that he had naively believed an obvious lie disconcerted Kopelman.

Except it was Lewis who was not telling the truth. There really was a concealed razor blade, and what Assange had told Kopelman, and what Kopelman had believed, was true in every single detail. In a scene straight out of a TV legal drama, during Kopelman’s testimony, the defence had managed to obtain the charge sheet from Belmarsh Prison – Assange had been charged with the offence of the razor blade. The charge sheet is dated 09.00 on 7 May 2019, and this is what it reads:

Governor,

On the 05/05/19 at approximately 15.30, myself and Officer Carroll were conducting a routine matrix search in 2-1-37 solely occupied by Mr Assange A9379AY. He was asked before we began the search if everything in the cell belonged to him, to which he replied “To my knowledge yes”. During the process of this search I lifted a pair of his personal underwear up whilst searching the cupboard. When I lifted them I heard a metal object drop inside the cupboard. When I investigated what it was I saw half of a razor blade which had been concealed in his personal underwear. This had now been placed in evidence bag number M0001094.

This concludes my report

Signed
Off Locke

I was later shown a copy and got a quick shot:

When on Tuesday Edward Fitzgerald QC produced this charge sheet in court, it did not appear to be news to the prosecution. James Lewis QC panicked. Rather too quickly, Lewis leapt to his feet and asked the judge that it should be noted that he had never said that there was no razor blade. Fitzgerald responded that was not the impression that had been given. From the witness box and under oath, Kopelman stated that was not the impression he had been given either.

And it was most certainly not the impression I had been given in the public gallery. In repeatedly asserting that, if the razor blade existed, it would be in the medical notes, Lewis had, at the very least, misled the witness on a material question of fact, that had actually affected his evidence. And Lewis had done so precisely in order to affect the evidence.

Panicking, Lewis then gave the game away further by making the desperate assertion that the charge against Mr Assange had been dismissed by the Governor. So the prosecution definitely knew rather more about the events around the razor blade than the defence.

Baraitser, who was aware that this was a major car crash, grasped at the same straw Lewis was clinging to in desperation, and said that if the charge had been dismissed, then there was no proof the razor blade existed. Fitzgerald pointed out this was absurd. The charge may have been dismissed for numerous reasons. The existence of the blade was not in doubt. Julian Assange had attested to it and two prison warders had attested to it. Baraitser said that she could only base her view on the decision of the Prison Governor.

However Baraitser may try to hide it, Lewis attacked Prof Kopelman over the existence of the blade when Lewis gave every appearance afterwards of a man who knew full well all along that there was compelling evidence the blade did exist. For Baraitser to try to protect both Lewis and the prosecution by pretending the existence of the blade is dependent on the outcome of the subsequent charge, when all three people in the cell at the time of the search agreed to its existence, including Assange, is perhaps Baraitser’s most remarkable abuse of legal procedure yet.

After his evidence, I went for a gin and tonic with Professor Kopelman, who is an old friend. We had no contact at all for two years, precisely because of his involvement in the Assange case as a medical expert. Michael was very worried he had not performed strongly in his evidence session in the morning, though he had been able to answer more clearly in the afternoon. And his concern about the morning was because he had been put off by the razor blade question. He had firmly understood Lewis to be saying that there was no razor blade in prison records and Michael had therefore been deceived by Julian. If he had been deceived, it of course would have been a professional failing and Lewis had successfully caused him anxiety while in the witness box.

I should make plain I do not believe for one moment the government side were not aware all along the razor blade was real. Lewis cross-examined using detailed prepared notes on the razor blade and with all the references to it tabulated in Kopelman’s report. That this was undertaken by the prosecution without asking the prison if the incident were true, defies common sense.

On Thursday Edward Fitzgerald handed the record of the prison hearing where the charge was discussed to Baraitser. It was a long document. The Governor’s decision was at paragraph 19. Baraitser told Fitzgerald she could not accept the document as it was new evidence. Fitzgerald told her she had herself asked for the outcome of the charge. He said the document contained very interesting information. Baraitser said that the Governor’s decision was at paragraph 19, that was all she had asked for, and she would refuse to take the rest of the document into consideration. Fitzgerald said the defence may wish to make a formal submission on that.

I have not seen this document. Based on Baraitser’s earlier pronouncements, I am fairly certain she is protecting Lewis in this way. At para 19 the Governor’s decision probably dismisses the charges as Lewis said. But the earlier paras, which Baraitser refuses to consider, almost certainly make plain that Assange’s possession of the razor blade was undisputed, and very probably explains his intention to use it for suicide.

So, to quote Lewis himself, why would this not be in Dr Daly’s medical notes?

Even that startling story I did not consider sufficiently powerful to justify publishing the alarming personal details about Julian. But then it happened again.

On Thursday morning, Dr Nigel Blackwood, Reader in Forensic Psychiatry at Kings College London, gave evidence for the prosecution. He essentially downplayed all of Julian’s diagnoses of mental illness, and disputed he had Asperger’s. In the course of this downplaying, he stated that when Julian had been admitted to the healthcare wing on 18 April 2019, it had not been for any medical reason. It had been purely to isolate him from other prisoners because of the video footage of him that had been taken and released by a prisoner.

Fitzgerald asked Blackwood how he knew this, and Blackwood said Dr Daly had told him for his report. The defence now produced another document from the prison that showed the government was lying. It was a report from prison staff dated 2.30pm on 18 April 2019 and specifically said that Julian was “very low” and having uncontrollable suicidal urges. It suggested moving him to the medical wing and mentioned a meeting with Dr Daly. Julian was in fact then moved that very same day.

Fitzgerald put it to Blackwood that plainly Assange was moved to the medical wing for medical reasons. His evidence was wrong. Blackwood continued to assert Assange was moved only because of the video. Dr Daly’s medical notes did not say he was moved for medical reasons. The judge pulled up Fitzgerald for saying “nonsense”, although she had allowed Lewis to be much harder than that on defence witnesses. Fitzgerald asked Blackwood why Assange would be moved to the medical wing because of a video taken by another prisoner? Blackwood said the Governor had found the video “embarrassing” and was concerned about “reputational damage” to the prison.

So let us look at this. Dr Daly did not put in the medical notes that Assange had concealed a razor for suicide in his cell. Dr Daly did not put in the medical notes that, on the very day Assange was moved to the medical wing, a staff meeting had said he should be moved to the medical wing for uncontrollable suicidal urges. Then Daly gives Blackwood a cock and bull story on reasons for Assange’s removal to the medical wing, to assist him in his downplaying of Assange’s medical condition.

Or let us look at the alternative story. The official story is that Healthcare – to quote Ross Kemp where “security is on another level” – is used for solitary confinement, to hold prisoners in isolation for entirely non-medical reasons. Indeed, to avoid “embarrassment”, to avoid “reputational damage”, Assange was kept in isolation in “healthcare” for months while, according to four doctors including on this point even Blackwood, his health deteriorated because of the isolation. While under Dr Daly’s “care”. And that one is the official story. The best they can come up with is “he was not sick, we put him in “Healthcare” for entirely illegitimate reasons as a punishment.” To avoid “embarrassment” if prisoners took his photo.

I am going to write to Judge Baraitser applying for a copy of the transcript of Lewis cross-examining Professor Kopelman on the razor blade, with a view to reporting Lewis to the Bar Council. I do wonder whether the General Medical Council might not have reason to consider the practice of Dr Daly in this case.

The final witness was Dr Sondra Crosby, as the doctor who had been treating Julian since his time in the Ecuadorean Embassy. Dr Crosby seemed a wonderful person and while her evidence was very compelling, again I see no strong reason to reveal it.

At the end of Thursday’s proceedings, there were two witness statements read very quickly into the record. This was actually very important but passed almost unnoticed. John Young of cryptome.org gave evidence that Cryptome had published the unredacted cables on 1 September 2011, crucially the day before Wikileaks published them. Cryptome is US based but they had never been approached by law enforcement about these unredacted cables in any way nor asked to take them down. The cables remained online on Cryptome.

Similarly Chris Butler, Manager for Internet Archive, gave evidence of the unredacted cables and other classified documents being available on the Wayback machine. They had never been asked to take down nor been threatened with prosecution.
 
 
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Your Man in the Public Gallery: Assange Hearing Day 16

On Wednesday the trap sprang shut, as Judge Baraitser insisted the witnesses must finish next week, and that no time would be permitted for preparation of closing arguments, which must be heard the immediate following Monday. This brought the closest the defence have come to a protest, with the defence pointing out they have still not addressed the new superseding indictment, and that the judge refused their request for an adjournment before witness hearings started, to give them time to do so.

Edward Fitzgerald QC for the defence also pointed out that there had been numerous witnesses whose evidence had to be taken into account, and the written closing submissions had to be physically prepared with reference to the transcripts and other supporting evidence from the trial. Baraitser countered that the defence had given her 200 pages of opening argument and she did not see that much more could be needed. Fitzgerald, who is an old fashioned gentleman in the very nicest sense of those words, struggled to express his puzzlement that all of the evidence since opening arguments could be dismissed as unnecessary and of no effect.

I fear that all over London a very hard rain is now falling on those who for a lifetime have worked within institutions of liberal democracy that at least broadly and usually used to operate within the governance of their own professed principles. It has been clear to me from Day 1 that I am watching a charade unfold. It is not in the least a shock to me that Baraitser does not think anything beyond the written opening arguments has any effect. I have again and again reported to you that, where rulings have to be made, she has brought them into court pre-written, before hearing the arguments before her.

I strongly expect the final decision was made in this case even before opening arguments were received.

The plan of the US Government throughout has been to limit the information available to the public and limit the effective access to a wider public of what information is available. Thus we have seen the extreme restrictions on both physical and video access. A complicit mainstream media has ensured those of us who know what is happening are very few in the wider population.

Even my blog has never been so systematically subject to shadowbanning from Twitter and Facebook as now. Normally about 50% of my blog readers arrive from Twitter and 40% from Facebook. During the trial it has been 3% from Twitter and 9% from Facebook. That is a fall from 90% to 12%. In the February hearings Facebook and Twitter were between them sending me over 200,000 readers a day. Now they are between them sending me 3,000 readers a day. To be plain that is very much less than my normal daily traffic from them just in ordinary times. It is the insidious nature of this censorship that is especially sinister – people believe they have successfully shared my articles on Twitter and Facebook, while those corporations hide from them that in fact it went into nobody’s timeline. My own family have not been getting their notifications of my posts on either platform.

The US Government responded to Baraitser’s pronouncement enthusiastically with the suggestion that closing arguments did not ought to be heard AT ALL. They ought merely to be submitted in writing, perhaps a week after final witnesses. Baraitser appeared eager to agree with this. A ruling is expected today. Let me add that two days ago I noticed the defence really had missed an important moment to stand up to her, when the direction of her railroading became evident. It appears that because of the ground the defence already conceded at that stage, Noam Chomsky is one of the witnesses from whom we now will not hear.

I am afraid I am not going to give you a substantive account of Wednesday’s witnesses. I have decided that the intimate details of Julian’s medical history and condition ought not to be subject to further public curiosity. I know I cannot call back what others have published – and the court is going to consider press requests for the entire medical records before it. But I have to do what I believe is right.

I will say that for the defence, Dr Quinton Deeley appeared. Dr Deeley is Senior Lecturer in Social Behaviour and Neurodevelopment at the Institute of Psychiatry, Psychology, and Neuroscience (IOPPN), King’s College London and Consultant Neuropsychiatrist in the National Autism Unit. He is co-author of the Royal College Report on the Management of Autism.

Dr Deeley after overseeing the standard test and extensive consultation with Julian Assange and tracing of history, had made a clear diagnosis which encompassed Asperger’s. He described Julian as high-functioning autistic. There followed the usual disgraceful display by James Lewis QC, attempting to pick apart the diagnosis trait by trait, and employing such tactics as “well, you are not looking me in the eye, so does that make you autistic?”. He really did. I am not making this up.

I should say more about Lewis, who is a strange character. Privately very affable, he adopts a tasteless and impolite aggression in cross-examination that looks very unusual indeed. He adopts peculiar postures. After asking aggressive questions, he strikes poses of theatrical pugilism. For example he puts arms akimbo, thrusts out his chin, and bounces himself up on his feet to the extent that his heels actually leave the floor, while looking round at the courtroom in apparent triumph, his gaze pausing to fix that of the judge occasionally. These gestures almost always involve throwing back one or both front panels of his jacket.

I think this is some kind of unconscious alpha male signalling in progress, and all these psychiatrists around might link it to his lack of height. It is display behaviour but not really very successful. Lewis has grown a full set during lockdown and he appears strikingly like a chorus matelot in a small town production of HMS Pinafore.

There is a large part of me that wants to give details of the cross-examination because Deeley handled Lewis superbly, giving calm and reasoned replies and not conceding anything to Lewis’s clumsy attempts to dismantle his diagnosis. Lewis effectively argued Julian’s achievements would be impossible with autism while Deeley differed. But there is no way to retell it without going into the discussion of medical detail I do not wish to give. I will however tell you that Julian’s father John told me that Julian has long known he has Asperger’s and will cheerfully say so.

The second psychiatrist on Wednesday, Dr Seena Fazel, Professor of Forensic Psychiatry at the University of Oxford, was the first prosecution witness we have heard from. He struck me as an honest and conscientious man and made reasonable points, well. There was a great deal of common ground between Prof Fazel and the defence psychiatrists, and I think it is fair to say that his major point was that Julian’s future medical state would depend greatly on the conditions he was held in with regard to isolation, and on hope or despair dependent on his future prospects.

Here Lewis was keen to paint an Elysian picture. As ever, he fell back on the affidavit of US Assistant attorney Gordon Kromberg, who described the holiday camp that is the ADX maximum security prison in Florence, Colorado, where the prosecution say Julian will probably be incarcerated on conviction.

You will recall this is the jail that was described as a “living hell” and a “fate worse than death” by its own warden. Lewis invited Prof Fazel to agree this regime would not cause medical problems for Julian, and to his credit Prof Fazel, despite being a prosecution witness, declined to be used in this way, saying that it would be necessary to find out how many of Kromberg’s claims were true in practice, and what was the quality of this provision. Fazel was unwilling to buy in to lies about this notorious facility.

Lewis was disingenuous because he knows, and the prosecution have conceded, that if convicted Julian would most likely be kept in H block at the ADX under “Special Administrative Measures.” If he had read on a few paragraphs in Kromberg’s affidavit he would have come to the regime Julian would actually be held under:

So let us be clear about this. William Barr decides who is subjected to this regime and when it may be ameliorated. For at least the first twelve months you are in solitary confinement locked in your cell, and allowed out only three times a week just to shower. You are permitted no visits and two phone calls a month. After twelve months this can be ameliorated – and we will hear evidence this is rare – to allow three phone calls a month, and brief release from the cell five times a week to exercise, still in absolute isolation. We have heard evidence this exercise period is usually around 3am. After an indeterminate number of years you may, or may not, be allowed to meet another human being.

Behind Baraitser’s chilly disdain, behind Lewis’s theatrical postures, this hell on Earth is what these people are planning to do to Julian. They are calmly discussing how definitely it will kill him, in full knowledge that it is death in life in any event. I sit in the public gallery, perched eight feet above them all, watching the interaction of the characters in this masque, as the lawyers pile up their bundles of papers or stare into their laptops, as Lewis and Fitzgerald exchange pleasantries, as the friendly clerks try to make the IT systems work, and my mind swims in horrified disbelief. They are discussing a fate for my friend as horrible as that of the thousands who over 500 years were dragged from this very spot and strung up outside. They are all chatting and working away as though we were a normal part of civilised society.

Then I go back to my hotel room, type it all up and post it. The governments who are destroying Julian have through their agencies pushed the huge corporations who now control the major internet traffic gateways, to ensure my pained and grieving account is seen by very few. My screams of pain and horror are deadened by thick padded walls. We are all locked in.

 
 
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