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).

The Alternative
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"I won't do this forever": meet Alternative leader, Uffe Elbæk – Denmark's Jeremy Corbyn

The Alternative party leader speaks frankly about his party's journey from being seen as a comedy sideshow to taking nine seats in the Danish elections.

In Britain, popular anti-politics sentiment has engulfed the Labour party, through Jeremy Corbyn. In Denmark's splintered, assorted political landscape, it has created a party called the Alternative. The barely two-year-old party was depicted as a comedic sideshow before June's elections. But with nine of 179 seats, they embarrassed all electoral predictions, including their own. Their rise owes to a growing European gripe with politics as usual, as well as to growing chasms within Danish politics.

"I don't want to do this forever. I want to be a pensioner, lay on a beach somewhere, write books and make money from speeches." Embracing his maverick figure, the 61-year-old witty, self-deprecating leader, Uffe Elbæk, has become one of the most resonant voices in Danish politics. As an ex-culture minister he was tarred by conflict of interest accusations leading to him to voluntarily step down as minister in 2012. He was later cleared of wrongdoing but the ridicule in the media stuck. His re-emergence in Danish politics is no longer trivial. His party has struck a match on a sentiment he claims is not European but international.

"What we see across Europe is a growing divide between politicians and their electorate. We are trying to bridge that divide and move from a representative democracy to a far more involving democracy. You see the same in the Scottish Referendum, in Syriza, in Podemos, in a way in Bernie Sanders and, of course, in Jeremy Corbyn".

In tandem with the rise of populist parties in Europe, they've capitalised on a discontent with mainstream politics, perceived spin and sound bite. In the last elections, the Alternative refused to directly persuade the electorate to vote for them, instead encouraging them to vote on their convictions.

“We are critical of the neoliberal doctrine from Thatcher and Reagan and growing inequality," explains Elbæk. "But I believe deeply in human potential and creating a more entrepreneurial, creative society based on progressive values".

The party decides its policies in what they call "political laboratories" where members and non-members are invited to share, hone, and develop policy ideas. The party is in many respects what it says on the tin. Despite flinching away from left and right political categories, they are staunchly pro-environment and pro-immigration.

"A lot of progressives do a lot of good things in the grassroots, but the reality is that few want to go into the big party machines." The Alternative has been a huge grassroots built campaign, attracting exactly those types of voters. It has gained over 6,000 members in its first two years, a remarkable feat as membership across Danish political parties steadily declines.

The party appeals to a desire, more prominent on the left of the Danish electorate, for a straight-talking, green party not overtly party political but reminiscent of conventionally Scandinavian values of tolerance and consensus. It is hawkish about whether socialist-inspired thinking is condusive to modern challenges, but similarly it believes in harnessing public support directly. They are a growing albeit slightly hippy and unconventional vehicle for political expression.

The migrant crisis has exposed chasms in Danish politics. Controversial proposals to advertise anti-refugee adverts, by integration minister Inger Støjberg, have sparked widespread concern. From across politics and from business, there has been a steady reel of expressed concern that Denmark risks creating a perception of intolerance to foreigners.

A private Danish group called People Reaching Out, published adverts in the same four Lebanese newspapers that ran the anti-refugee ads. Crowdfunding over £16,000, they replicated the original ads writing, "sorry for the hostility towards refugees expressed here. From people's to people's we wish to express our compassion and sympathy to anyone fleeing war and despair".

Michala Bendixen, who heads the campaign group, Refugee's Welcome, wrote an op-ed in The Daily Star, one of the Lebanese papers which carried the ad. She stated that, "the adverts give a completely distorted picture of the situation", clarifying that the Danish asylum process was amongst the fastest in Europe.

Støjberg's reforms to immigration and almost 50 per cent cuts to refugee benefits have made her a controversial figure but despite much criticism, topped a recent poll of ministers in the current government that voters felt were doing well. Largely on the back of a hardline position on immigration, the Danish People's Party won 21 per cent of the popular vote in this year's elections. Similarly to many countries across Europe, the migrant crisis has been emotive and polarising. On that divide, the Alternative has been categorical.

"In Denmark there is one thing happening in politics and another in the streets," says Elbæk. "There is a disgraceful lack of empathy from politicians but the reaction from the Danish people has been really touching. Suddenly we were seeing hundreds of refugees on our motorways, and it came as a reality shock to the Danish people. But they responded to it by offering shelter, food, water, and blankets."

Denmark's new government is hardening its position on immigrants and refugees. The split reaction reflects a more polarised terrain. There is a debate about what Denmark's values really are, and whether the migrant crisis betrays or protects them. Within it, the Alternative, partly motley, but with a non-trivial and rising electoral appeal, are an increasingly influential voice.