My film doesn't "abuse" Julian Assange. But in a story about Wikileaks, facts matter

A response to John Pilger from Alex Gibney, director of "We Steal Secrets: the Story of WikiLeaks".

How sad. John Pilger, who once had a claim to the role of truth-teller, has become a prisoner of his own unquestioning beliefs.

In a recent piece in the New Statesman, he attacked, with undisguised vitriol, my film on WikiLeaks and an essay by my executive producer, Jemima Khan, for “smearing” and “abusing” Julian Assange. He also implied that our motives were dishonest, perhaps because our views differed from his own. I initially thought to ignore Pilger’s fulminations. After all, Jemima’s original essay was articulate and persuasive. But because he assails my film, because his piece is so full of factual errors and because his style is to bully – rather than to persuade – I thought it was important to set the record straight. In a story about WikiLeaks, an organisation that claims to be dedicated to the truth, facts matter. 

The first fact that should be noted is this: John Pilger has not seen my film.

What is criticism without observation? It feels more like religious zealotry than reason. Would Pilger now insist that the proper role of a WikiLeaks supporter is to treat Assange as “the one” who cannot be questioned and to abandon what Assange calls “scientific journalism” in favour of blind faith?

Pilger says I “abuse” Assange. But had he seen my film, he would have witnessed many powerful sequences highlighting Mr Assange’s original idealism and courage. Indeed, I was drawn to this tale because it was a David and Goliath story in which Assange stood up to governments and corporations with a singular determination to use transparency as a weapon to combat mendacity, corruption and crime.

Pilger attacks the title of my film. But he got even that wrong. It is not “WikiLeaks, We Steal Secrets” as Pilger wrote. It is We Steal Secrets: the Story of WikiLeaks. [Note: A few days after the original publication of Pilger’s piece, the New Statesman corrected Mr Pilger’s error.]

Why is the difference important? The made-up Pilger title – which was a better fit for his tendentious argument – implied that the film indicted WikiLeaks for “stealing secrets”. In fact, “we steal secrets” is a quote taken from the film, uttered by the former CIA director Michael Hayden. Thus, the title of the film is intended to be, er . . . ironic. (Would Pilger have thought my title Enron: the Smartest Guys in the Room signalled my admiration for Ken Lay and Jeff Skilling?) Further, the intent was not to single out WikiLeaks but to set the story of WikiLeaks within a context of the way that governments – and now citizens also – steal, or leak, secrets, sometimes for good and sometimes for ill. The film is not just about Assange; it examines many parts of the WikiLeaks saga, including the story of Bradley Manning. Writ large, the film is about the internet itself, and the conflict about what should and what should not be secret in the digital age. 

Now let’s examine Mr Pilger’s claim that Jemima and I misrepresented Sweden’s attempt to hold Mr Assange to account for possible sex crimes. He says the “Swedes have refused all requests for guarantees that he [Assange] will not be despatched in a secret agreement”. Gee, that sounds bad. The Swedes must be up to something.

But if Mr Pilger were to travel to the world of fact for a moment, he might see things differently. No government – including the UK – would selectively undo its laws for a particular individual, even if he is Australian, a former hacker and happens to have white hair. Extradition is a legal matter. Neither Sweden nor the UK would give anyone a guarantee prior to any request. Every request – if made – must be considered on its merits. Extradition is part of the rule of law and, as such, must apply to all individuals, even those who are friends with Mr Pilger. So, yes, the Swedes, up to now, have turned a deaf ear to all inquiries about hypothetical extradition requests.

Mr Pilger goes on to denigrate the possible accusations of sexual misconduct and rape – yes, rape – that are the concern of the Swedish prosecutors. Brushing aside any evidence, Mr Pilger pronounces the sex “consensual”, as if to say “that is that”. He quotes two women – yes, women! As if gender alone is proof of the rectitude of an argument – saying that the Swedes “manipulate rape allegations at will”

What Mr Pilger ignores is that the British courts have upheld the viability of accusations – if proven – as equally serious in the UK or Sweden. From the incomplete record of evidence that is now public, it appears that all of the exchanges between Assange and the two women may not have been so “consensual”. Of particular concern to the Swedish authorities were Assange’s aggressive behaviour and his various refusals to use a condom despite repeated requests by the women.  As a hypothetical matter, this could have resulted in unwanted pregnancy or the transmission of the HIV virus. But don’t take my word for it. The UK courts have concluded that the alleged actions by Assange – if proven – would be a form of rape in the UK or Sweden. He has had three separate hearings in the UK and they have ruled Sweden’s extradition request as legal.

Neither Jemima Khan nor I would argue that Assange, at this moment, is guilty of a crime. Like any individual suspected of wrongdoing, he must be given due process every step of the way. Assange often likes to note that he has not been “charged” and ridicules the Swedes for not agreeing to question him via Skype. But, in fact, Assange is wanted for more than questioning. As the Swedish prosecutor, Marianne Ny, has stated, “The preliminary investigation is at an advanced stage . . . Subject to any matters said by [Assange], which undermine my present view that he should be indicted, an indictment will be lodged with the court [after questioning]. It can therefore be seen that Assange is sought for the purpose of conducting criminal proceedings and that he is not sought merely to assist with our inquiries.”

According to Swedish law, Assange must be present in Sweden for due process to continue. Put another way, in Ny's formulation, he cannot be charged unless he is on Swedish soil. So Assange’s continued assertions that he hasn’t ever been charged have a kind of farcical – or even Orwellian – ring in a Swedish context. So long as he refuses to go to Sweden he likely can never be charged. Hello, Ecuador!

A key point of Jemima Khan’s piece – and a rather small section of my film – is that Julian Assange has undermined his high-minded principles by intentionally seeking to confuse them with his refusal to be held to account for possible sex crimes. Further, he has been silent regarding the vicious online attacks by his supporters on the Swedish women – including posting gun targets on their faces – even as he has been outspoken on the subject of his own persecution. Another fact: his “imprisonment” in the Ecuadorean embassy is self-imposed. There is no proof of a secret agreement between the US and Sweden to airlift Assange to Guantanamo (as one of his lawyers once suggested) if he leaves the Ecuadorean embassy. The film does not abuse or indict Assange in reference to the Swedish matter; it only raises questions about universal human rights (Swedish women have rights, too) and why Assange thinks that he should be above the law.

It is true – as my film points out – that WikiLeaks was the victim of an unfair embargo by Visa and MasterCard, and that Assange is likely the subject of a grand jury investigation by the US department of justice. At one time there was a rumour – revealed in hacked emails of the company Stratfor and also mentioned in my film – that there was a sealed indictment naming Assange. But facts should prevail. There is no proof that any [US] charges have been filed or are even imminent. There is some indication that the US government may be looking at data theft charges. But my sources tell me that the DoJ is wary of charging Assange under the Espionage Act because, as a publisher, there would be little to distinguish his role from that of the Guardian or the New York Times. Both the Times and the Guardian have said, publicly, that they would rush to Assange’s defence in the unlikely event that he is charged under the Espionage Act. So would I.

John Pilger’s defence of his friend Assange – by denigrating the human rights of two women in Sweden – is reminiscent of the dark side of religious devotion. In fact, as a lapsed Catholic who has just produced a film on the cover-up of sex crimes by the Roman Catholic hierarchy, I recognise Mr Pilger’s behaviour as a kind of noble cause corruption. As a point of comparison, what would we think if a cleric sought to elude accusations of sexual abuse because his overall mission was too holy to be questioned?

Jemima Khan wrote that Julian Assange runs the risk of becoming like Scientology’s L Ron Hubbard. I think his behaviour more resembles that of the outgoing Pope, who, like Assange, is fond of giving speeches to assembled multitudes on balconies. In that context, John Pilger resembles Cardinal Angelo Sodano, who, we recall, referred to sex abuse survivors’ cries for justice as nothing more than “petty gossip”.

There are many people, including me, who admire the original mission of WikiLeaks. But those supporters should not have to stand silently by as WikiLeaks’s original truth-seeking principles are undermined by a man who doesn’t want to be held to account for accusations about his personal behaviour. To paraphrase Monty Python’s Life of Brian, Julian Assange is not the Messiah; and he may be a very naughty boy.

Update 1/3/2013: John Pilger responds:

Alex Gibney's absurd online rant at me for defending Julian Assange hardly merits a response, except that it contains serious falsehoods.

For the record: far from writing about his film with no knowledge of it, I had read an entire leaked transcript of the film. Gibney's assertion that the UK courts ruled on the merits of the women's case is also false. The courts ruled only on the legality of the extradition documents lodged in the UK -- documents based on a treaty that the UK and most of the EU will almost certainly repeal at the earliest opportunity. And far from dismissing the Swedish women's accusations out of hand, I sat through days of evidence in London courtrooms and, unlike Gibney, have reviewed all the discovered evidence including critical evidence of the women's SMS exchanges. 

So what is this nonsense about? Assange refused to appear in Gibney's gratuitous film about WikiLeaks - a wise decision as Gibney's rant demonstrates.

Julian Assange addressing members of the media and supporters from the window of the Ecuadorian embassy in Knightsbridge in December 2012. Photograph: Getty Images

Alex Gibney is an Oscar-winning director of documentaries, including We Steal Secrets: The Story of Wikileaks (2013), Mea Maxima Culpa: Silence in the House of God (2012) and Enron: The Smartest Guys in the Room (2005).

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After Article 50 is triggered, what happens next?

Theresa May says Article 50 will be triggered on 29 March. The UK must prepare for years, if not decades, of negotiating. 

Back in June, when Europe woke to the news of Brexit, the response was muted. “When I first emerged from my haze to go to the European Parliament there was a big sign saying ‘We will miss you’, which was sweet,” Labour MEP Seb Dance remembered at a European Parliament event in London. “The German car industry said we don’t want any disruption of trade.”

But according to Dance – best known for holding up a “He’s Lying” sign behind Nigel Farage’s head – the mood has hardened with the passing months.

The UK is seen as demanding. The Prime Minister’s repeated refusal to guarantee EU citizens’ rights is viewed as toxic. The German car manufacturers now say the EU is more important than British trade. “I am afraid that bonhomie has evaporated,” Dance said. 

On Wednesday 29 March the UK will trigger Article 50. Doing so will end our period of national soul-searching and begin the formal process of divorce. So what next?

The European Parliament will have its say

In the EU, just as in the UK, the European Parliament will not be the lead negotiator. But it is nevertheless very powerful, because MEPs can vote on the final Brexit deal, and wield, in effect, a veto.

The Parliament’s chief negotiator is Guy Verhofstadt, a committed European who has previously given Remoaners hope with a plan to offer them EU passports. Expect them to tune in en masse to watch when this idea is revived in April (it’s unlikely to succeed, but MEPs want to discuss the principle). 

After Article 50 is triggered, Dance expects MEPs to draw up a resolution setting out its red lines in the Brexit negotiations, and present this to the European Commission.

The European Commission will spearhead negotiations

Although the Parliament may provide the most drama, it is the European Commission, which manages the day-to-day business of the EU, which will lead negotiations. The EU’s chief negotiator is Michel Barnier. 

Barnier is a member of the pan-EU European People’s Party, like Jean-Claude Juncker and German Chancellor Angela Merkel. He has said of the negotiations: “We are ready. Keep calm and negotiate.”

This will be a “deal” of two halves

The Brexit divorce is expected to take 16 to 18 months from March (although this is simply guesswork), which could mean Britain officially Brexits at the start of 2019.

But here’s the thing. The divorce is likely to focus on settling up bills and – hopefully – agreeing a transitional arrangement. This is because the real deal that will shape Britain’s future outside the EU is the trade deal. And there’s no deadline on that. 

As Dance put it: “The duration of that trade agreement will exceed the life of the current Parliament, and might exceed the life of the next as well.”

The trade agreement may look a bit like Ceta

The European Parliament has just approved the Comprehensive Economic and Trade Agreement (Ceta) with Canada, a mammoth trade deal which has taken eight years to negotiate. 

One of the main stumbling points in trade deals is agreeing on similar regulatory standards. The UK currently shares regulations with the rest of the UK, so this should speed up the process.

But another obstacle is that national or regional parliaments can vote against a trade deal. In October, the rebellious Belgian region of Wallonia nearly destroyed Ceta. An EU-UK deal would be far more politically sensitive. 

The only way is forward

Lawyers working for the campaign group The People’s Challenge have argued that it will legally be possible for the UK Parliament to revoke Article 50 if the choice is between a terrible deal and no deal at all. 

But other constitutional experts think this is highly unlikely to work – unless a penitent Britain can persuade the rest of the EU to agree to turn back the clock. 

Davor Jancic, who lectures on EU law at Queen Mary University of London, believes Article 50 is irrevocable. 

Jeff King, a professor of law at University College London, is also doubtful, but has this kernel of hope for all the Remainers out there:

“No EU law scholar has suggested that with the agreement of the other 27 member states you cannot allow a member state to withdraw its notice.”

Good luck chanting that at a march. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.