Senate debates

Wednesday, 2 August 2023

Matters of Public Importance

Assange, Mr Julian Paul

6:00 pm

Photo of Claire ChandlerClaire Chandler (Tasmania, Liberal Party, Shadow Assistant Minister for Foreign Affairs) Share this | | Hansard source

The President has also received the following letter from Senator McKim:

Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:

The Albanese Government should use our close relationship with the United States of America and the United Kingdom to free Julian Assange and bring him home.

Is the proposal supported?

More than the number of senators required by the standing orders having risen in their places—

Photo of Andrew McLachlanAndrew McLachlan (SA, Deputy-President) Share this | | Hansard source

With the concurrence of the Senate, the clerks will set the clock in line with the informal arrangements made by the whips.

6:01 pm

Photo of David ShoebridgeDavid Shoebridge (NSW, Australian Greens) Share this | | Hansard source

The Albanese government should use our close relationship with the United States of America and the United Kingdom to free Julian Assange and bring him home. As we begin this debate in the chamber, I want to acknowledge the presence of Gabriel Shipton, Julian's brother, in the chamber. Thank you for coming, Gabriel, and for all your courageous work.

In 2010, Chelsea Manning, an intelligence analyst in the US military, bravely broke US law to blow the whistle to WikiLeaks about US war crimes. Chelsea was bound by US military and criminal law. She lived in the United States and was a United States citizen. In 2013, Chelsea was convicted of 17 serious criminal charges and sentenced to 35 years maximum security imprisonment. Four years later, Manning's government acknowledged the wrong in imprisoning her and her sentence was commuted by US President Obama and she was released from prison in 2017.

In 2010, Julian Assange, an Australian journalist living outside the United States, with no legal or contractual obligations to the US, published Manning's material on WikiLeaks. This included thousands of documents that exposed the brutal reality of US led wars. One of those was the deeply distressing video of cold-blooded murder by a US Apache helicopter of Iraqi citizens that included two Reuters journalists. Since then, the US has been openly targeting Julian Assange in order to prosecute him under the US Espionage Act. As part of this, in late 2010, the US National Security Agency added Assange to its 'manhunting time line', an annual account of efforts to capture or kill alleged terrorists. For the decade that followed, the US named Assange as effectively an enemy of the state and, in 2019, he was charged with multiple breaches of the US Espionage Act, with a maximum sentence of 175 years in prison. For the past four years, Assange has been held in solitary detention in a UK maximum security prison, awaiting extradition to the US.

It's now 2023, and Julian Assange is still in jail, still hounded by the US. Where is this government? What is it doing? Julian Assange is not a soldier. He is a journalist with no connection to the US and no valid legal or contractual obligations of secrecy to the US government, and he is still in jail and still being persecuted by the US, abandoned by Australia and facing a lifetime in a US prison. What was Julian's crime? Telling the truth and telling this history. He told the truth and the reality about the US-Australia relationship. The real reason Julian Assange is still in jail is that, whether it's Prime Minister Albanese or Prime Minister Morrison, Australian leaders are willing to trade a citizen's liberty, their right to speak truth to power, for a close and unquestioning bear hug from a US president. They say truth is the first victim of war and, in the case of Julian Assange, that's a truth the whole world is seeing. I'm standing in this chamber today with my colleagues echoing the concerns of millions of Australians who can see what is happening to Julian Assange is an outrageous attack on journalism and on the truth.

The Albanese government, it's true, have raised the imprisonment and extradition of Julian Assange when speaking privately with their US counterparts. They have had quiet chats, maybe a carefully worded communique, but they've never even put a single element of the Australia-US relationship on the line for Julian's freedom. Days ago, in Brisbane, US Secretary of State Antony Blinken launched an extraordinary attack on Julian Assange. He backed in allegations that Julian had not only engaged in serious criminal conduct but had risked harm to US national security. All the while, Australia's Minister for Foreign Affairs, Senator Wong, stood by mutely, not defending Julian and accepting Blinken's lies. It was almost as though she believed them. The US relationship, we're told, is critically important to both countries, and many hoped this would work in Julian's favour. But the reverse, it seems, is true. We had the US saying to our Prime Minister: 'Buy our nuclear submarines, fighter planes and missiles. Host our bases. Embed our spies. Don't forget to smile like it's good for you. And, by the way, we will jail your people whenever we choose.' And what is Prime Minister Albanese saying? 'Sure. What a deal.'

When I talk with the many good, committed people who are working to bring Julian home, they tell me how they hope that Labor will do what is needed to make this happen, because failing to do so sends a clear message to our biggest allies that Australia is a walkover. So we say to Prime Minister Albanese today: If not now, then when? When will you tell the US that the next purchase of US military equipment is on the line or AUKUS is at play if they don't respect our citizens' right to truth and if they don't end the prosecution so that we can free Julian Assange and bring him home?

6:06 pm

Photo of Gerard RennickGerard Rennick (Queensland, Liberal Party) Share this | | Hansard source

I support this motion to a degree. I think that there should be some facts put on the table. My understanding of it was that the crime that was alleged against Julian Assange should have been put onto some Guardian journalists who released the encryption code that gave access to the WikiLeaks file. That was actually done by the Guardian. These particular journalists wrote down the encryption code in a book that they wrote about WikiLeaks. So I fail to see why Julian Assange is being held accountable for this so-called crime and not the Guardian journalists who released the encryption code. I'm also led to believe that there is another leaker of data, who leaked similar files to the ones that Julian Assange is being accused of being guilty of leaking, and the US government isn't actually going after them. Furthermore, it has been reported that Robert Gates said that no Afghan troops or interpreters or American soldiers or Australian soldiers were actually put at risk, I'm led to believe. I don't necessarily think that we should be putting our troops in jeopardy when it comes to these wars, but, at the same time, I do believe in the role of free speech and I do think that we need to hold governments to account for the decisions that they make when they start to go into other countries.

What's particularly annoying about the Assange case is that he was basically disclosing information in regard to the Iraq War. I think everyone in this chamber agrees that the Iraq War was a gross violation of human rights. There were never any biological weapons of mass destruction. The whole thing seemed to be a set-up. My view on this is that, the year before this war was started, Saddam Hussein said that he was going to start accepting payment for oil in the euro, and anyone who has followed the machinations of the Bank for International Settlements and prior wars throughout history knows that, whenever you start to attack a currency, that is when the bankers come in. We saw that when they took out Gaddafi. He was talking about bringing in an African dinar, backed by gold. That's not just my opinion. A bloke by the name of Sidney Blumenthal, who was an adviser to Hillary Clinton—this was later leaked on WikiLeaks—advised against that. We know that, after World War II, the Bank of England was nationalised, and all of the debts from World War II were stuck into the Bank of England. That was the way the wealth was transferred from the Old World to the New World, similar to World War I, where Germany copped all the debts.

So I think that there needs to be much greater scrutiny. It's very unfair to hold Julian Assange to account for basically trying to get to the bottom of what was going on in the Iraq War. Yet again, that went on, and this is what I fear with the Ukraine crisis, that it's just going to become this perpetual war machine. Eventually it'll slip onto the back pages, but there will still be people getting massacred in Ukraine or being shot to bits in Ukraine in 10 years time because it suits the journalists or whatever in the deep state to push this stuff onto the back pages.

Another thing that needs to be noted is, where do you draw the line today on what is it journalism? I know there was a court case in 1971 where the US military tried to hold the New York Times to account for an article they posted about the My Lai massacre. The New York Times won that case because the US court upheld the right to know and the right to freedom of speech. As we transition to the internet world, bloggers and others are entitled to the right to freedom of speech. As I said, I don't think we should jeopardise our troops, but there has been no evidence shown whereby anything that was leaked out of WikiLeaks jeopardised any troops. The wars in Iraq and Afghanistan are now over, so there is no longer an ongoing threat from any of that information that was leaked. Furthermore, the question needs to be asked: why is Julian Assange in jail under heinous conditions when people that were responsible for many more deaths aren't actually having the finger pointed at them and being asked, 'Well, how did we get into the situation in the first place?'

I think in the name of humanity and in the name of our international relations—and this is not an attack on the people of the US or Great Britain; this is an attack on the deep state, which was taken over the governments of these countries— (Time expired)

6:14 pm

Photo of Linda WhiteLinda White (Victoria, Australian Labor Party) Share this | | Hansard source

Julian Assange and his legal proceedings have understandably attracted great interest in Australia. It is important to acknowledge the depth of community sentiment about this issue. Indeed, my own electorate office receives calls from concerned members of the public about this issue, and I welcome those representations. It is also important to note that the Australian government has made clear its view that Julian's case has dragged on for too long and it should be brought to a close. Both the Prime Minister and the Minister for Foreign Affairs have personally expressed this view to the governments of both the United Kingdom and the United States and will continue to do so. At this point I might add that this is an issue that requires a measured and sustained diplomatic approach based on mutual respect.

I have known Senator Wong for many years, and I know her approach to this matter and to all her important diplomatic work is a sound, measured and sustained approach that prioritises diplomacy and respect. It is also worth making the point that the Australian government is unable to intervene in another country's legal processes, just as another country is unable to intervene in Australia's processes. Further, the Australian government is not party to these legal proceedings, so we cannot influence them. They are a matter for the independent foreign court of law, not the Australian government. Similarly, while we're doing what we can in facilitating dialogue between the Australian government and other concerned governments, there are limits to what can be done until Mr Assange has concluded the necessary legal processes. In a comparable case, the resolution by government was only possible after legal processes had concluded. We have to have these due legal processes occur and indeed respect those legal processes.

Let us not also forget that, as we do for other Australians facing legal proceedings overseas, the Australian government is following Julian's case closely and offering consular assistance to him as often and as comprehensively as we can. The High Commissioner of Australia to the United Kingdom visited Mr Assange in Belmarsh prison on 4 April and had the opportunity to check on Mr Assange's health and welfare. This is a part of the consular assistance afforded to all Australians detained overseas and will continue to be so. Of course, part of the assistance is also the Australian government's expectation that Julian Assange is entitled to due process as well as humane and fair treatment and access to his legal team. These expectations are important to the government and will continue to be conveyed.

Again, as we were saying, the Australian government, including the foreign minister and the Department of Foreign Affairs and Trade, cannot simply intervene in overseas legal processes. We can make representations and seek to get an earlier outcome that way, but we cannot force an outcome and nor would we want another country forcing their views on Australian legal processes.

So all these points still stand. Firstly, Senator Wong has made the point publicly that the case has dragged on for too long and should be brought to a conclusion. That desire has been expressed both publicly and privately, in the media and diplomatically. We want to see Julian Assange's matters resolved and brought to a close. Secondly, until the matter is brought to a close and those proper legal channels of appeal and due process happen, there is little that an Australian government can do to intervene in the legal processes of another country, besides making those representations I mentioned earlier. From a personal point of view, I understand the public interest in the case, but these legal processes of a foreign country must be respected. Lastly, the Australian government has provided, and will continue to provide, Julian Assange with consular assistance to check on his welfare, to offer support and to make sure that his health is being looked after and that he is being treated humanely and fairly.

6:15 pm

Photo of Malcolm RobertsMalcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | | Hansard source

As a servant to the people of Queensland and Australia, I note that the treatment of Julian Assange is not acceptable and should not be acceptable in a civilised society like Australia's. There are two issues: Australian citizenship and whether he committed crimes. Julian is an Australian citizen. No matter what he may or may not have done, Julian has the same rights as any other Australian citizen. It's terrifying that the rule of law protecting Australians from capricious government action can be trashed in this manner. Julian has already lost 13 years to confinement, and now the United States is threatening him with life in prison for telling the truth in exposing the murder of innocent civilians during Operation Enduring Freedom.

Enduring freedom—now, that's ironic. Perhaps the United States needs a dictionary. 'Freedom' means the right to free speech, especially for investigative journalists who have investigated the US government's illegal actions. Part of every journalist's duty is exposing illegal behaviour. The US constitution guarantees freedom of speech. American governments have trashed their nation's constitution. While freedom of speech is not enshrined in our Constitution, I'm advised it is enshrined in High Court rulings. Despite that, it means little, as many, including myself, discovered in COVID. Clearly the US government is making an example of Julian Assange to dissuade other journalists from publishing the truth about other illegal US government activity.

Let's connect the point about freedom of speech and COVID. We're now seeing remarkable facts emerging about big pharma, big government and big tech. Imagine if Julian had been free during COVID and WikiLeaks was functioning properly. All the documents it has taken years to start prising out of the hands of big government and the big pharma state showing the most egregious and inhuman breaches of truth and decency may have been brought to light much earlier. Instead, we had compliant mouthpiece media that repeated the talking points of the pharmaceutical state.

Government has three roles: to protect life, to protect property and to protect freedom. Successive Australian and American governments are taking lives, killing people in unauthorised state sanctioned killings, stealing property, transferring wealth from 'we the people' to big pharma, removing freedom and imprisoning journalists, thereby destroying the nation's freedom and every person's freedom.

For serving the country, Julian has suffered 13 years of deprivation of liberty. Opponents say he jeopardised American soldiers and spies. Now, a court can decide that. Do you remember the weapons of mass destruction claims? The perpetrators admitted they had no evidence. Who held them accountable? Not one member of parliament. Not one member of congress. They got away with it. To anyone who thinks Julian Assange deserves the treatment he's getting, I say: remember the wisdom of the words of St Francis of Assisi, who said, 'There but for the grace of God go I.' Our government needs to use our close relationship with America to bring Julian Assange home now.

6:18 pm

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

The media have dubbed Julian Assange the most famous political prisoner in the world. He is, for all intents and purposes, a political prisoner. The charge of espionage that has been brought against him is a political charge. So it was very disappointing to hear the Labor Party in here today rolling out the same lines they've been rolling out for the last 18 months, saying that they can't intervene because of legal proceedings. I want to note, and I want the Senate to understand, that they have consistently, and rightly, intervened to get Australians out of political prisoner situations. Many famous names come to mind. Why is it that they won't do the same for Julian Assange?

When his wonderful and inspirational wife, Stella Assange, visited Australia a few months ago, there were high hopes that maybe we were close to a deal to get Julian out of imprisonment and see him freed. I have no doubt that Secretary Blinken's comments last weekend were strategically designed to smash any hopes of any deal with this government.

I want to say to all the supporters of Julian Assange out there—his family, including his brother Gabriel, here today—and to Julian, who will be watching this debate, that is not going to happen. There are 30 MPs in this parliament in the Parliamentary Friends of the Bring Julian Assange Home Group who will not give up. There are millions of Australians who support Julian Assange who will not give up. We are not going to stop the campaign to have him freed. So, sorry, Secretary Blinken, your propaganda and your downright lies at that press conference will not cut it.

Let me tell you why it was propaganda. Julian Assange is being tried because of the rules of engagement disclosures. That's what Secretary Blinken refers to in his statement, that Julian Assange was charged with very sensitive criminal conduct in the United States in connection to his alleged role in one of the biggest compromises of classified information in the history of this country. As Senator Shoebridge pointed out, Private Bradley Manning—now Chelsea Manning—was charged, convicted and pardoned.

Julian Assange was a publisher, a journalist. Those rules of engagement files were published by media outlets right around the world. To remind the Senate, Julian Assange and Wikileaks got a Walkley Award in this country for the rules of disclosure leaks and the public interest stories that came out of that. So why is he a political prisoner and why is he being politically persecuted? I have no doubt because it is deeply personal. There are some very powerful people in this world as well as intelligence agencies who fear nothing more than disclosure. Why is he being politically persecuted? He's being persecuted because this is an attack on press freedoms. The message they are sending is: if you disclose our lies, our corruption and our war crimes, we will come after you with the full power of our state and we will do everything we possibly can to crush you. That's the message they are sending. That is why they are not giving up on Julian Assange. Are we going to let that stand? No, we are not going to let that stand.

We recently had the 20-year commemoration of the Iraq War. I agree with Senator Rennick. I cannot think of a darker period of history, certainly while I have been alive. Isn't it ironic, with the millions of people who perished in that conflict right across the Middle East, the instability, the civil war in Syria, the rise of ISIS, more global terrorism, that no-one who instigated that illegal, immoral war has been brought to justice? But the great truth-teller of that war, along with Chelsea Manning, Julian Assange, sits behind bars waiting 175 years of virtual death sentence. Are we going to let that stand? This is the Australian parliament. Julian Assange is an Australian citizen. It is un-Australian for us to turn our back on a mate, and we won't do it. We will keep campaigning to bring him home. (Time expired)

6:23 pm

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

It's so sad and frustrating that so many in this parliament regard Australia as a vassal state to the United States. It is equally sad that when, given an opportunity today in this Senate chamber to put the government's position, even though there is a minister of the Crown sitting here in the chamber, we didn't even get to hear from a minister from the Labor government. Maybe this is what Labor calls 'quiet diplomacy'—outrageous—not so much quiet as downright silent. It's even sadder that one of the people in this parliament that regards this country as a vassal state to the US is our Prime Minister. We're spending $370 billion on the AUKUS deal. We're hosting their armed forces, with US bases on our soil. We're going to host their nuclear submarines, and we're going to embed their spies into our military apparatus. We've been here time after time after time for the US. Whenever they've said 'jump' our only question has been, 'How high would you like us to jump?' It is time that Australia made it clear to the US that this relationship is a two-way street. We're not just here to deliver for the US, time after time after time. They've got to step up and deliver for us on the way back.

Mr Albanese has been able to run his line about quiet diplomacy with some success, until last week. Last week the US made it abundantly clear that they are not for the turning on this. That's an exposure of the failure of Mr Albanese's quiet diplomacy, and it's an exposure of the failure of Senator Wong's quiet diplomacy. What we need is for the Prime Minister and the foreign minister to make it clear to Mr Biden that freedom for Mr Assange is a non-negotiable in this relationship. Mr Albanese needs to stand up for his citizens. That is the very least that any Australian would expect their Prime Minister to do.

Make no mistake: the situation Mr Assange finds himself in is not in any way about his actions threatening US national security. The US's behaviour is motivated by three things. The first is their utter humiliation and embarrassment that Mr Assange exposed the US military as having committed murder and war crimes. The second is their desire to send a chilling message to the media around the world that they shouldn't report on things like the US military engaging in murder and war crimes—a blatant attack on the press freedoms that are such a fundamental part of any liberal democracy. The third is to send a chilling message to anyone else who might be thinking of blowing the whistle in the future, like Chelsea Manning did.

Remember: the US government has freed Chelsea Manning, and rightly so, but what about the Aussie? What about the Australian citizen who published the information? He published it—he didn't leak it. He's festering away in Belmarsh prison. It's an outrageous injustice that we are discussing here today. What the Albanese government needs to do is insist that the US cease its attack on journalism, cease its attack on the truth and free Mr Assange. Let's bring him home to his family and his country, where he belongs.