Assange lawyers say US preparing charges

Wikileaks founder Julian Assange.

Steven Morris

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The US may be about to press charges against Julian Assange, the editor-in-chief of WikiLeaks, one of his lawyers said.

Jennifer Robinson said an indictment of her client under the US's Espionage Act was imminent. She said her team had heard from "several different US lawyers rumours that an indictment was on its way or had happened already, but we don't know".

According to some reports, Washington is seeking to prosecute Mr Assange under the 1917 act, which was used unsuccessfully to try to gag The New York Times when it published the Pentagon Papers in the 1970s.

Ms Robinson said Mr Assange's team did not believe the US had grounds to prosecute him but understood that Washington was "looking closely at other charges, such as computer charges, so we have one eye on it".

Mr Assange is in Wandsworth prison in south London after being refused bail on Tuesday. The authorities in Sweden are seeking his extradition over allegations of sexual assault.

Speaking to ABC News in the US, Ms Robinson said she did not believe the Espionage Act applied to Mr Assange, adding: "In any event, he's entitled to First Amendment protection as publisher of WikiLeaks and any prosecution under the Espionage Act would in my view be unconstitutional and puts at risk all media organisations in the US."

Ms Robinson said Mr Assange was being held in solitary confinement in London with restricted access to a phone and his lawyers.

"This means he is under significant surveillance but also means he has more restrictive conditions than other prisoners. Considering the circumstances he was incredibly positive and upbeat."

Last week, US Attorney-General Eric Holder said the United States had been put at risk by the flood of confidential diplomatic documents released by WikiLeaks and he authorised a criminal investigation.

Mr Holder said: "The lives of people who work for the American people has been put at risk; the American people themselves have been put at risk by these actions that are, I believe, arrogant, misguided and ultimately not helpful in any way. We are doing everything that we can.

"We have a very serious, active, ongoing investigation that is criminal in nature. I authorised just last week a number of things to be done so that we can hopefully get to the bottom of this and hold people accountable, as they should be."

In a letter to The Guardian today, prominent supporters including the investigative journalist John Pilger called for Mr Assange's release.

"We protest at the attacks on WikiLeaks and, in particular, on Julian Assange ," they wrote, adding that the leaks had "assisted democracy in revealing the real views of our governments over a range of issues".

Assange's life in jail

Meanwhile, on December 9, Mr Assange was transferred to the segregation unit of Wandsworth prison, south London, where the authorities are planning to give him limited access to the internet.

He is thought to have asked to be housed away from other prisoners, who had shown a high degree of interest in him after he arrived. A source said other inmates had been supportive of Mr Assange.

His legal team will try to secure bail for him from Westminster magistrates on Tuesday.

His solicitor, Mark Stephens, said Mr Assange was "quite chipper - he seemed to be bearing up". Mr Assange was wearing a grey prison tracksuit because he did not have any of his own clothes. The decision by the judge to remand him in custody had taken the WikiLeaks founder and his lawyers by surprise, and he went to prison in the clothes he was wearing.

Mr Assange complained about the daytime TV, Mr Stephens said, adding that "he doesn't have access to a computer, even without an internet connection, or to writing material. He's got some files but doesn't have any paper to write on and put them in".

In the wake of online attacks on corporations by pro-WikiLeaks hackers, Mr Stephens said Mr Assange was concerned that "people have unjustly accused WikiLeaks of inspiring cyber attacks".

Mr Assange, 39, was seen by a doctor when he arrived at Wandsworth - all prisoners are assessed to see if they pose a suicide risk. He was kept for a night in the prison's Onslow centre, which contains sex offenders and others assessed to be vulnerable.

As part of a scheme called "access to justice", prison authorities are arranging for Mr Assange to be given a computer so he can work on his case. The computer will have limited internet access.

Mr Assange asked for one of his legal team to be allowed to bring him a laptop, but was refused - prisoners are not commonly allowed their own computers.

Mr Assange, who was born in Australia, also saw officials from the Australian high commission. He has his own cell and because of the consular and legal visits did not exercise, but will normally get one hour a day. Because he is in the segregation unit, his association with other prisoners will be limited.

Swedish prosecutors want to interview Mr Assange about allegations of sexual assault against two women.

The Guardian