Julian Assange will be allowed to appeal against his extradition to the United States.
Two judges responded today to US assurances that Mr Assange will not face the death penalty – and can rely on the First Amendment right to free speech if he faced a trial for spying.
The WikiLeaks founder faces prosecution in the US over an alleged conspiracy to obtain and disclose national defence information after the publication of hundreds of thousands of leaked documents relating to the Afghanistan and Iraq wars.
Image: WikiLeaks founder Julian Assange on the balcony of the Ecuadorian Embassy in London in 2017. Pic: Reuters
Image: WikiLeaks founder Julian Assange in a police van after being arrested in London in 2019. Pic: Reuters
Edward Fitzgerald KC, representing Assange, criticised the assurances of Joe Biden’s US administration at the hearing. He said: “Based on the principle of the separation of powers, the US court can and will apply US law, whatever the executive may say or do.”
He added most of the promises were “blatantly inadequate” – but they had accepted the promise about the death penalty.
In written submissions, the barrister said while the assurance over the death penalty was “an unambiguous executive promise”, the other assurance does not give “any reliable promise as to future action”.
The barrister added: “What needs to be conclusively removed is the risk that he will be prevented from relying on the first amendment on grounds of nationality.”
But James Lewis KC, representing the US government, insisted the “judicial branch of the United States will take due notice of this solemn assurance given by its government in the course of international relations”.
In written submissions, he said there is “no question” that Assange, if extradited, “will be entitled to the full panoply of due process trial rights, including the right to raise, and seek to rely upon, the first amendment as a defence”.
He later told the court: “The assurance does make it clear that he will not be discriminated against because of his nationality.
“He can and will be able to raise all those arguments and his nationality will not prejudice a fair trial.”
Today’s decision is the latest chapter in 13 years of legal battles and detentions for Australian-born Mr Assange.
Image: Supporters of Mr Assange have been gathering outside the High Court. Pic: Reuters
Image: Pic: Reuters
Follow Sky News on WhatsApp
Keep up with all the latest news from the UK and around the world by following Sky News
The US authorities want to put Mr Assange on trial over 18 charges, nearly all under the Espionage Act.
They claim his actions with WikiLeaks were reckless, damaged national security, and endangered the lives of agents.
During a two-day hearing in February, lawyers for Mr Assange asked for permission to challenge a judge’s dismissal of the majority of his case to prevent his extradition.
In March, Dame Victoria Sharp and Mr Justice Johnson dismissed most of Mr Assange’s legal arguments – but said unless assurances were given by the US, he would be able to bring an appeal on three grounds.
These assurances are that Assange would be protected by and allowed to rely on the First Amendment – which protects freedom of speech in the US – that he is not “prejudiced at trial” due to his nationality, and that the death penalty is not imposed.
Image: Pic: Reuters
Image: Pic: Reuters
Supporters of Mr Assange have already been gathering outside the High Court to continue their calls for his release.
Mr Assange is currently being held in London’s high security Belmarsh prison.
Britain has sent a senior commander and a small number of troops to Israel to help international efforts to monitor a fragile Gaza ceasefire following an American request.
John Healey, the defence secretary, revealed the deployment barely a week after Yvette Cooper, the new foreign secretary, said the UK had “no plans” to send soldiers.
The British Major General will work as the deputy to a US commander, who is tasked with running a civil-military coordination centre that is also expected to include troops from Egypt, Qatar, Turkey, and the United Arab Emirates.
The ceasefire deal, brokered by Donald Trump, between Hamas and Israel has created the “opportunity for a long-term peace”, Mr Healey said.
Image: Defence Secretary John Healey said Donald Trump had created the conditions for an end to the fighting. Pic: PA
“We have specialist experience and skills that we have offered to contribute,” he said, answering questions after delivering a lecture on wider defence issues to business leaders at an event in London on Monday evening.
The defence secretary said: “We can contribute to the monitoring of the ceasefire. That is likely to be led by others.
“We have also, in response to the American request, put a first rate two-star officer into a civilian-military command, as the deputy commander.
More on Army
Related Topics:
“So Britain will play an anchor role, contribute the specialist experience and skills where we can. We don’t expect to be leading… but we will play our part.”
Please use Chrome browser for a more accessible video player
2:50
Ceasefire in fragile state.
The British officer is being accompanied by a small team of UK military personnel, with expertise in planning.
The United States, for its part, is sending up to 200 troops to Israel. They will not enter Gaza.
The British contingent will also not be operating inside the strip.
A Ministry of Defence spokesperson said: “A small number of UK planning officers have embedded in the US led CMCC, Civil Military Coordination Centre, including a 2* deputy commander to ensure that the UK remains integrated into the US led planning efforts for Gaza post-conflict stability.
“The UK continues to work with international partners to support the Gaza ceasefire to see where the UK can best contribute to the peace process.”
Details about the US plans – headed by Central Command – to help facilitate the flow of humanitarian aid as well as logistical and security assistance into the territory emerged after Mr Trump brokered a ceasefire deal between Hamas and Israel on 10 October.
Image: Gazan mourners pray over the bodies of Palestinians killed by Israeli fire. Pic: AP
One official said the new team will help monitor implementation of the ceasefire agreement and the transition to a civilian government in Gaza.
It is separate to a planned international stabilisation force that would deploy into the territory to help secure the peace.
That force is a key part of Mr Trump’s 20-point peace plan.
In a sign of potential problems, though, The New York Times reported on Tuesday that countries that might contribute soldiers to the international force are nervous about putting boots on the ground while Hamas remains an armed group.
The arrival of British troops in Israel comes as the ceasefire deal remains under pressure, with Israel and Hamas accusing each other of breaching its terms.
Israel briefly resumed airstrikes over the weekend after its troops were reported to have come under attack.
Meanwhile, the Hamas-run health ministry in Gaza yesterday reported more than 50 deaths in the last 24 hours.
A current senior member of the King’s household was the head of royal protection at the time Prince Andrew allegedly asked one of his police officers to dig up dirt on Virginia Guiffre, Sky News has discovered.
Lord Peter Rosslyn, who is now Lord Steward and Personal Secretary to the King and Queen, was head of Royalty and Diplomatic Protection between 2003-2014.
It is not clear if Lord Rosslyn – known at the time as Commander Peter Loughborough – was made aware of Prince Andrew’s request. However, it reportedly happened in 2011 when it’s claimed Andrew wrote in an email that he passed the date of birth and confidential social security number of his accuser, Virginia Guiffre, to one of his close protection team to find out information about her.
Image: Lord Peter Rosslyn arriving at the Duchess of Kent’s funeral. Pic: PA
Sky News approached Lord Rosslyn for comment, which was passed to Buckingham Palace.
A palace spokesperson said: “As you may or may not be aware, Lord Rosslyn works for The Royal Household and thus this issue has been referred to me. However, since this matter relates to his time in service with the Metropolitan Police, they would be the appropriate body to approach with media enquiries of this nature.”
The Met Police had nothing further to add.
Police sources have told Sky News the officer (CPO) involved would have been expected to escalate this request from Andrew to his superiors.
While there may have been other members of senior staff between the CPO and Lord Rosslyn, the request should have been considered serious enough to be referred to the top of the Royalty and Diplomatic Service.
Those with knowledge of the royal household tell us Lord Rosslyn is one of the King’s closest and most trusted members of staff.
His role as Lord Steward involves managing all aspects of the King’s personal affairs, and the non-state business of the monarch.
Who is Lord Peter Rosslyn?
As well as being much respected by Queen Elizabeth II, and affectionately known as her “favourite policeman”, in 2014 Lord Rosslyn was appointed as Master of the Household of the then Prince of Wales and the Duchess of Cornwall at Clarence House.
In February 2003, he was made Lord Steward by the King, thereby becoming the “first dignitary of the King’s court” – a sign that the monarch wanted to keep him around.
While Andrew’s alleged attempts to smear Virginia Guiffre would have been morally wrong, he also would have been asking his police officer to put his career on the line.
Any attempt to use police databases to find information on an innocent individual not connected to a crime would have been a sackable offence, and unlawful.
In his statement on Friday, Prince Andrew again stressed that he vehemently denies the allegations against him.
A Buckingham Palace source told Sky News that the recent claims that have emerged are being viewed by the Royal Family with “very serious and grave concern” and “should be examined in the proper and fullest ways”.
Image: Prince Andrew’s signature
Andrew should give evidence to US authorities – minister
The revelation comes as a government minister said Andrew should give evidence to US authorities – and anger grows after it emerged he had been paying “peppercorn rent” for two decades.
Passages from the memoir released on Tuesday of the late Virginia Giuffre, who accused Prince Andrew of sexually assaulting her, provide further details of their alleged encounters.
Prince Andrew has always strenuously denied the allegations.
Business Secretary Peter Kyle said on Tuesday he would “support” Prince Andrew giving evidence to US prosecutors.
He added he would also support any decision by the Met Police to investigate allegations that Prince Andrew used a Met bodyguard to gain information on Giuffre.
It comes as anger continues to grow over Prince Andrew’s housing arrangements.
Please use Chrome browser for a more accessible video player
16:52
‘Victims should be in driver’s seat’
‘Peppercorn rent’
The royal has only paid “peppercorn rent” for more than two decades at his Windsor mansion, according to a National Audit Office report published in 2005.
“Peppercorn rent” is a legal term used in leases to show that rent technically exists, so the lease is valid, but it’s nominal, often literally £1 a year or just a symbolic amount.
In practice, it means the tenant pays no rent.
It also shows he was required to pay a further £7.5m for refurbishments.
A document from the Crown Estate also shows he signed a 75-year lease on the property in 2003.
It reveals he paid £1m for the lease and that since then he has paid “one peppercorn” of rent “if demanded” per year.
The agreement also contains a clause which states the Crown Estate would have to pay Andrew around £558,000 if he gave up the lease.
Pressure is mounting on him to give up the 30-bedroom mansion.
Senior Tory Robert Jenrick called for Prince Andrew to live privately.
‘He has disgraced himself’
He said: “It’s about time Prince Andrew took himself off to live in private and make his own way in life.
“He has disgraced himself, he has embarrassed the royal family time and again. I don’t see why the taxpayer, frankly, should continue to foot the bill at all. The public are sick of him.”
Image: Virginia Giuffre’s posthumous memoir was released today. Pic: Reuters
Mr Kyle, however, said that would be a question for King Charles.
But he did say MPs could bring forward a motion to strip Prince Andrew of his remaining titles, adding it would be up to Speaker Sir Lindsay Hoyle to choose one of these motions for debate.
The chief executive of Lloyds Banking Group has warned that a tax raid on the banks could harm lending to households and businesses.
In an exclusive interview with Sky News at the government’s regional investment summit, Charlie Nunn urged the chancellor to ignore calls for a windfall tax on commercial banks even though the sector is enjoying record profits.
“If we are going to have the ability and the confidence to continue to lend into the real economy, to help households and businesses invest, we need to make sure that the financial services system and Lloyds Banking Group really remains healthy in that context,” he said.
Image: Charlie Nunn was appointed Lloyds boss in November 2020. Pic: PA
Britain’s four largest banks – HSBC, Barclays, Lloyds Banking Group and NatWest – posted record profits of £45.9bn last year and are on course for another bumper performance this year, thanks to higher interest rates.
Their financial success has raised speculation that the sector could be in the chancellor’s firing line at next month’s budget.
More on Banking
Related Topics:
Rachel Reeves could raise the bank surcharge – a levy on bank profits in addition to corporation tax.
The Conservative government cut the levy from 8% to 3% in 2023. Returning it to 8% could raise £2bn for a chancellor who needs to find anywhere up to £50bn to meet her fiscal rules.
Please use Chrome browser for a more accessible video player
4:17
Chancellor faces tough budget choices
Some have suggested a separate windfall tax, which could raise closer to £8bn.
Mr Nunn said such a move risked undermining the health of a sector which underpins the country’s economic prosperity.
“Obviously, taxes are a matter for the government to look at. But it’s definitely one of the factors that impact our ability to support the real economy in the UK,” he said.
A raid on the banks would cause pain to a sector that is already facing substantial costs because of the car finance scandal.
Lloyds, one of the most exposed lenders, has set aside nearly £2bn to cover potential compensation arising from the Financial Conduct Authority’s (FCA) redress scheme.
The FCA established the scheme to draw a line under the long-running mis-selling scandal, in which lenders failed to disclose commission paid to brokers, meaning many customers ended up paying more than they should have for their car finance.
Under the FCA’s scheme, eligible customers – as many as 14.2 million – could receive an average of £700 each.
Please use Chrome browser for a more accessible video player
4:21
Payouts due after motor finance scandal
There is mounting anger within the industry at the way the scheme, which is going out to consultation, has been set up. Mr Nunn said the proposal was too generous to customers and not proportionate to the harms actually caused to customers.
He did not rule out the possibility of a judicial review but, in the first instance, called for a rethink, warning that the current scheme risks scaring away investors, causing an exodus from the market and driving up the cost and availability of credit.
“When you look at the implication of what’s being proposed by the FCA, it’s going to potentially take 20 years of profitability of the car finance industry. And, what does that mean for invest ability in that industry and for other investors and businesses looking to invest in the UK? There’s real concern that this is going to create an invest ability issue,” he said.
“Our concern is will the industry continue to function? Will it support all customers across the whole of the UK that need finance? Will other investors be looking at this and wondering whether the UK is a place they should invest, if retrospectively we can take away 20 years of profits?”