1
J
UDICIARY OF
E
NGLAND AND
W
ALES
District Judge Vanessa Baraitser
In the Westminster Magistrates’ Court
Between: THE GOVERNMENT OF THE US OF AMERICA -v- JULIAN PAUL ASSANGE CONSOLIDATED ANNEX Page The criminal proceedings
Eric Lewis 3 Thomas Durkin 11
Journalism
Mark Feldstein 13 Trevor Timm 18 Nicolas Hager 20 Noam Chomsky 22 Michael Tigar 23
2
Political Motivation
Paul Rogers 23 Daniel Ellsberg 26
The Official Secrets Act
Carey Shenkman 28 Jameel Jaffer 33
The Grand Jury
Robert Boyle 33 Bridget Prince 36
Prison Conditions
Joel Sickler 37 Yancy Ellis 43 Maureen Baird 49
Medical Evidence (summarised in decision) Password Hash Agreement
Patrick Eller 51
Redacting the Documents
John Goetz 55 John Sloboda 58 Jakob Augstein 60 Christian Grothoff 60 Stefania Maurizi 65 Christopher Butler 67 John Young 67
The importance of the “Manning” leaks
Clive Stafford Smith 67 Andy Worthington 70 Ian Cobain 71 Patrick Cockburn 72 Khaled el-Masri 72
The Ecuadorian Embassy
Aitor Martininez Jimenez 74 Anonymous Witness 1 74 Anonymous Witness 2 76
3 Cassandra Fairbanks 79 Guy Goodwin-Gill 79 THE CRIMINAL PROCEEDINGS
Eric Lewis
1.
Dr Lewis gave evidence and adopted his five witness statements dated 18 October 2019 (EL1), 12 February 2020 (EL2), 17 January 2020 (EL3), 18 July 2020 (EL4) and 25 August 2020 (EL5), confirming that they were true to the best of his knowledge and belief. All paragraph references below refer to his statements. He sets out his qualifications at EL1 §1-3. Dr. Lewis is a partner in the US law Firm Lewis Baach Kaufmann Middlemiss PLLC in Washington DC. He has been an attorney in private practice for 35 years. 2.
Regarding pre-trial detention, Dr. Lewis believes Mr. Assange is very likely to be held in the William G Truesdale Detention Centre in Alexandria, Virginia also known as the
Alexandria Detention Centre (“ADC”) as it is close to the trial court. A second les
s likely possibility is the Northern Neck Regional Jail in Warsaw, Virginia. 3.
Regarding administrative segregation (“ADSEG”) h
e stated that it is a
“certainty” that Mr.
Assange will be held under this regime of for a significant portion of his sentence, in light of the severity of his likely sentence, the fact the charges are concerned with espionage (and the usual practice with respect to defendants charged with national security related offences) and the great hostility that has surrounded the
“Manning”
publications. 4.
There is also a “material risk” (EL1 §20)
or “high likelihood” (evidence
-in-chief) that
Special Administrative Measures (“SAMs”)
will be applied both pre-trial and post-conviction
out of concern for Mr. Assange’s access to secret
information and the risk of its disclosure. SAMs is a restrictive regime. Mr. Lewis represented Ahmad Abu Khatallah, who was held pre-trial at the ADC for 3 years between 2015 and 2018. In his fourth statement he describes
Mr. Khatallah’s conditions of detention (E
L4 §37). He was detained in a SAMs regime over a period of years: his exercise period was normally in the middle of the night when no other prisoners were in common areas; he was held in solitary confinement in cramped concrete sells for 22 to 23 hours per day; his time spent out of his