Dramatic Opening Day: First Witness Testifies After Judge Denies Adjournment to January<\/strong><\/p>\n 11:30 am EDT:<\/strong>\u00a0The dramatic first day of the resumption of Julian Assange\u2019s extradition hearing has ended, with technical problems cutting short the testimony of the first defense witness, Broadcast Journalism Professor Mark Feldstein.<\/p>\n Feldstein\u2019s written testimony has been\u00a0released to the public<\/a>. On the virtual \u201cstand\u201d\u2013online because of the pandemic\u2013Feldstein was questioned by the defense. He testified that it was a daily occurrence for the press to publish classified information; that he did not expect publishers to be prosecuted for this because the First Amendment protects publishers, allowing them to expose the inner workings of government that citizens have a right to know.\u00a0 He said no publisher had ever been prosecuted for publishing secret material and that no president had ever gone so far as having a grand jury return an indictment against one.<\/p>\n Feldstein\u2019s testimony was anti-climatic as it followed a last-minute defense attempt, rejected by Judge Vanessa Baraitser, to adjourn the hearing until January.\u00a0 The defense had argued it needed more time to prepare its defense as the prosecution\u2019s argument has shifted to new evidence produced in a superseding indictment on the charge of conspiracy to commit computer intrusion, and away from the charges of espionage, which Feldstein\u2019s prepared testimony dealt with. It seemed almost irrelevant after the day\u2019s events.<\/p>\n Judge Denies Adjournment Until January<\/strong><\/p>\n 10:30 am EDT:<\/strong>\u00a0Judge Vanessa Baraitser has rejected the defense\u2019s application for an adjournment of the hearing until January to give it time to gather new evidence to defend against the prosecution\u2019s superseding indictment. She said Assange lawyers had ample time to apply for postponement and that it was wrong for them to argue to have new evidence excised from case and then after losing, to try to delay proceedings until January.\u00a0 The judge has bought the prosecution argument.\u00a0 Proceedings will continue with the first defense witness, Broadcast Journalism Professor Mark Feldstein.<\/p>\n Defense Asks for Adjournment Until January<\/strong><\/p>\n 10:06 am EDT:<\/strong>\u00a0Defense attorney Mark Summers QC has asked Judge Vanessa Baraitser for an adjournment of the hearing until January to give time to gather new evidence to defend against the prosecution\u2019s superseding indictment.<\/p>\n Summers said the defense cannot proceed without Assange, who alone has the knowledge to build a defense. Summers says Assange had not read the new indictment and he still hasn\u2019t received all the documents he needs.<\/p>\n Baraitser asked how many times Assange\u2019s lawyers have spoken to him in the past weeks and Summers said only twice by phone on a bad line making it difficult to hear his client.<\/p>\n The prosecution is arguing that there is no need for an adjournment, saying defense is only seeking one because it lost to Baraitser on request strike new evidence in superseding indictment from the case. They want to proceed with defense\u2019s first witness in afternoon session.<\/p>\n Baraitser is considering the defense\u2019s request for postponement until the new year.<\/p>\n Prosecution Shifting Argument to Evidence in Superseding Indictment; Defense Says it Has No Time in Three Weeks to Mount Defense Against It<\/strong><\/p>\n 8:40 am EDT:<\/strong>\u00a0The prosecution appears to be shifting its case from Espionage Act charges, at least at this stage of the hearing, to new evidence (but no new charges) in the superseding indictment, filed in London in July, related to the charge against Assange of conspiracy to commit computer intrusion.<\/p>\n It appears the prosecution may be poised to pursue an entirely new argument based on the evidence in the new indictment which brought about a new U.S. extradition request, and a re-arrest of Assange earlier in his Belmarsh cell on Monday.<\/p>\n He was re-arrested because of the new request, and new evidence, but not on new charges.<\/p>\n James Lewis, QC for the prosecution, mentioned in court some of the \u201cnew\u201d evidence, most of which dates back to events in Iceland in 2010.\u00a0 Among this \u201cnew\u201d evidence is that Assange helped a fugitive, NSA-whistleblower Edward Snowden, escape from Hong Kong.\u00a0 But Assange was never charged with such a crime.\u00a0 The prosecution also says Assange encouraged others to hack computers, tracked police vehicles in Iceland and encouraged the theft of a bank\u2019s data.<\/p>\n![\"\"](\"https:\/\/consortiumnews.com\/wp-content\/uploads\/2020\/09\/Justice_3643291515-copy.jpg\")
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