By James Landale & Tiffanie Turnbull, BBC News, London & Sydney
In the end, it was a combination of diplomacy, politics, and law that made it possible for Julian Assange to take off on Monday in a secret flight from London’s Stansted aircraft, heading finally to Australia and flexibility.
After seven years of self-imposed confinement and next five years of forced detention, the agreement that gave him his freedom was weeks in the making but unforetably questionable.
In a statement, the Crown Prosecution Service ( CPS) said the possibility of a plea deal” first came to our attention in March”. Since then, it has been “on the concepts” of how to get Mr. Assange released and appear before a US national judge “in compliance with his desires and those of the US government.”
After so many decades of stalemate, the agreement possibly began with the election of a new American government in May 2022, which put in place a government that was determined to bring one of its people who had been detained abroad to safety.
Anthony Albanese, the new Labor prime minister, said he did not support all Mr Assange had done but “enough was plenty” and it was time for him to get released. He made the case a priority, generally behind closed doors. Not all international affairs are best handled with the noisy hailer, he said at the moment.
Mr Albanese had mix- gathering support in Australia’s congress also.
In September, an MP committee made a direct lobbying trip to Washington. The prime minister therefore addressed the matter to Joe Biden during a state visit in October at the White House.
Following this, a parliamentary vote in February saw MPs ‘ overwhelming support for a petition asking the US and the English to enable Mr. Assange to return to Australia.
They lobbied challenging the significant US ambassador to Australia, Caroline Kennedy.
Stephen Smith, who took over as the new Asian High Commissioner in London in the early 20th century, was a key person.
According to political resources, he “did a lot of the heavy lifting, making it a specific thing to get this over the range.”
In a previous American government led by Kevin Rudd, the present embassy in Washington, who was also involved in the discussions, Mr. Smith was also the foreign secretary. He paid an earlier visit to Mr. Assange in Belmarsh jail in April 2023.
There was a “natural inclination” for Australian governments to support the US, according to Simon Jackman, Honorary Professor of US Studies at the University of Sydney, but both countries ‘ public and political sentiment had changed just enough to give Mr. Albanese a” cover” to demand his release behind closed doors.
Also at times, American ministers made comparisons between Mr. Assange’s detention and that of other American citizens held as social prisoners by Iran and China.
Greg Barns, a attorney and legal assistant to the American Assange campaign, said it was the politicians that made a change.
” The Albanese state was the first to bring the issue into the US. And Albanese got aid from the opposition.
” The treatment]of Julian ] stuck in the throat of many Australians. People may ask,’ where’s the open attention in that?’ “
The legal crutch
Next came the rules. The UK High Court erected a constitutional emergency for Julian Assange on May 20.
He was given the option of filing a fresh appeal against US prosecution’s attempt to possess him extradited to a US court for obtaining and publishing military secrets.
At this point, he faced several charges under the US spy work: 17 of printing official secrets, each of which carried a maximum 10- year prison term, and one of hacking, which was punished by up to five years.
One of the main points of the decision was whether Mr. Assange, an American national, could use the US legal First Amendment right to free speech as a defense.
Previous CPS extradition head Nick Vamos and former head of business violence at Peters & Peters said the May ruling prompted both sides to agree to a deal and bring it to a conclusion.
He claimed that the decision might have paved the way for Mr. Assange to assert that the First Amendment protected the publication of classified US information, which” may have resulted in months, if not even more years of delays and stress.”
It appears as though the US dropped the posting charges in exchange for Mr. Assange to plead guilty to hackers and “time served,” which finally brings this saga to an end, he said.
Mr. Vamos added that Mr. Assange’s legal team would have acknowledged that the distinct cost relating to hacking would not have been affected by the First Amendment.
So even if they later dismissed the charges brought against them for the release of the key material, there would still be no defense against the charges brought against them for hacking.
” Both attributes saw the challenges and that brought them to the table, “he said.
According to Whitehall sources, the next High Court reading was quickly looming on July 9 and 10 and both sides were aware that a package must be reached right away.
The elections behind the scenes
As always, elections even played a part.
Some time ago, the Americans had indicated their willingness to reach a bargain. Ambassador Kennedy formally suggested a plea deal might be a way to end the stand-off in August of last year, a recommendation that Mr. Assange’s attorneys eventually picked up.
And in April, Mr Biden said he was considering a demand from Australia to cut the trial.
The US and Australia had established the so-called Aukus defence and security agreement, which US officials were concerned about protecting.
Some diplomats were eager to square off with the Assange case, which had been a long-standing irritant in UK-US relations.
There was growing rumors that the Biden administration wanted the problem resolved before the November presidential election, and some Assange supporters yet suggested that the US feared a Labour-led UK government would be less eager to accept his extradition.
The White House quickly stated on Tuesday that the Department of Justice had jurisdiction over the specifics of the plea deal.
After years of legal and political tussles, it appears that everyone finally reached a point where they both wanted a deal and were willing to make a compromise in exchange.