But under american law, under the US Constitution, as interpreted by the Supreme Court, in a famous case known as the Pentagon Papers case, when a journalist receives something of material interest to the public, it doesn’t matter how he receives it, he is free to publish it without civil or criminal liability. The person who stole it and gave it to Julian has since had their sentence commuted, wisely, I think, by former president Obama.

But Julian Assange languishes in a hellhole in a London prison because the american government, under the presidency of Donald Trump, decided to indict him for espionage and expose him to 175 years in jail. This is a profound injustice. He should not be tried for anything. You all know that. But now I add a word to the british judges and justices who will hear his final appeal before the end of this month.

I am a former life tenured judge in the United States of America, and I can tell you, your honors, most respectfully, that Julian Assange cannot get a fair trial in the United States on these charges. The bias against him, the prejudice in favor of the government, the exaggerated charges against him, the way he’s been portrayed in the media, will prevent him from getting a fair trial. If you allow the british government to be subservient to the american government and send this good and decent man to the United States, he will not only not get a fair trial, he’ll never see the light of day in America.

And I know in Britain, because we inherited our system from yours, judges should not slavishly follow the written law if it produces an unjust result. If you slavishly follow the written law of extradition and send Julian Sanjeer, you will kill him. A profoundly unjust result. Do the right thing, your honors. Be the heroes you can be, and set him free. .

See more of Judge Napolitano – Judging Freedom on their Public Channel and the MPN Judge Napolitano – Judging Freedom channel.