
Then came the law. On May 20, the High Court in the UK gave Julian Assange a legal lifeline.
It ruled that he could bring a new appeal against attempts to have him extradited to stand trial in the US for obtaining and publishing military secrets.
At this point, he faced multiple charges under the US espionage act: 17 of publishing official secrets, each of which carried a maximum 10-year prison term, and one of hacking, which was punishable by up to five years.
One key part of the judgement was about whether Mr Assange – as an Australian citizen – would be able to use the US constitutional First Amendment right to free speech as a defence.
Nick Vamos, former head of extradition at the CPS and head of business crime at the law firm Peters & Peters, said that the May ruling put pressure on both sides to come to the table and complete the deal.
He said the ruling potentially allowed Mr Assange to argue that publishing secret US information was protected by the First Amendment, something that could have led to “months if not further years of delays and pressure”.
“Faced with this uncertainty and further delay, it looks as if the US have dropped the publishing charges in exchange for Mr Assange pleading guilty to hacking and ‘time served’, finally bringing this saga to end,” he said.
Mr Vamos added that Mr Assange’s legal team would however have recognised that the First Amendment would have made no difference to the separate charge related to hacking.
So even if they eventually saw off the charges relating to the publication of the secret material, there would be no protection against the hacking charges that went alongside them.
“Both sides saw the risks and that brought them to the table,” he said.
Whitehall sources said the date of the next High Court hearing was fast approaching on July 9 and 10 and both sides knew that if they were to agree a deal, it had to happen now.
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