Future Commemoration of The Trial of Julian Assange: A Passion Play For Truth Reframing The Christian Glorification of Speaking Truth To Power
Future Commemoration of The Trial of Julian Assange: A Passion Play For Truth Reframing The Christian Glorification of Speaking Truth To Power
Future Commemoration of The Trial of Julian Assange: A Passion Play For Truth Reframing The Christian Glorification of Speaking Truth To Power
Introduction
Cast of characters in speaking truth to power: key role of women?
Tricoteuses -- relishing the repression of truth?
Fake news -- "let them eat cake"?
Show trials, mock trials and regicides in a period of farce?
Passion for truth as highlighted by a play
Ambiguities regarding the justice of a trial
Kangaroo court -- for the trial of an Australian?
Paradox of folk heroism?
Secretive security services constraining Assange?
Appropriate symbolic alternative to crucifixion for Assange?
Introduction
This proposal derives from the indication in an addendum to an earlier document elaborated as a speculative dramatisation of the legal
process against Julian Assange in several Christian countries (Trial of Julian Assange -- Who is the Pontius Pilate of Easter 2019? In
dramatic anticipation of emergence of a Church of Julian, 2019). It has also been presented as an addendum to a bibliographical
accumulation of commentaries on that process (Extradition and Trial of Julian Assange: web resources, 2020). The following
argument draws extesnively on those resources.
Given the probability of his extradition, trial and conviction in the USA, a further document was produced to offer Christians the
possibility of collectively determining his punishment -- in the spirit of that dramatisation (Crowdsourcing Just Punishment for Julian
Assange: in faithful Christian retribution for daring to speak truth to power, 2020).
As further elaborated here, the concern is with the accumulation of clues to a dramatic commemoration of the process, inspired by the
Passion Plays so widely used with respect to the Trial of Jesus. The focus here is however on identification of dramatic elements and
processes which might serve to highlight the passion for truth, most obviously associated with investigative journalism, and to a lesser
degree by other disciplines exposed to lesser risk.
The question raised by this exploration is what makes for the enduring inspiration of an iconic process for some -- as demonstrated
by the Trial of Jesus? The concern is how the latter example seemingly constrains the preoccupation with truth in a manner divorced
from the truth highlighted by investigative journalists and others. The preoccupation of religions with divine truth would seem both to
exclude recognition of mundane truth and to ensure an unfortunate degree of complicity in its repression by secular authorities. These are
both remarkably indicated by the total failure of religions to protest the threats to investigative journalism in general and to their silence
with respect to the case of Julian Assange in particular. The history of science offers other well-documented examples, although science
itself has not proved to be free from that tendency.
Expressed otherwise, the question might be framed as to the possibility of a "science of commemoration". This would recognize both the
aesthetic and the systemic dimensions vital to counteracting the distortion and erosion of collective memory, as separately noted (Societal
Learning and the Erosion of Collective Memory, 1980; Olivier Luminet, et al, The Interplay between Collective Memory and the Erosion
of Nation States, Memory Studies, 5, 2012, 1).
Dramatis Personae
Trial of Jesus of Nazareth Trial of Julian of Australia
(Passion Plays may include 21 cast roles, as noted below) (incarcerated 2012-2020)
Imperial authority Imperial authorities:
Emperor Tiberius of Rome Queen of England: Elizabeth II (1952-present)
Regional authorities: Prime Minister of the UK: Theresa May (2016-
Herod Antipas (ruler of Galilee and Perea) 2019)
Herod Archelaus (ethnarch of Samaria, Judea, and Secretary of State -- Home Department:
Idumea) Priti Patel (2019-)
Religious authorities: Theresa May (2010-2016)
Caiaphas (Jewish high priest) High Commissioner to Australia:
Annas (High Priest of the Roman province of Victoria Treadell (2019-)
Judaea) Menna Rawlings (2015-2019)
Judiciary President of the USA: Donald Trump
Governor -- Roman province of Judaea: Pontius Spiritual counsellor: Paula White (2016-)
Pilate US Ambassador to the UN:
Members of the Sanhedrin: Nicodemus, Gamaliel Kelly Craft (2019-)
Security services at crucifixtion: the Centurion Longinus Nikki Haley (2017-2019)
Associates of Jesus: Samantha Power (2013-2017)
Peter Secretary of State: Hillary Clinton (2009-
John 2013)
Judas Iscariot Governor General of Australia: Quentin Bryce
Nathaniel (2008-2013)
Significant others Prime Minister of Australia:
Mary Magdalene Scott Morrison (2018-present)
Simon the Leper Minister for Foreign Affairs: Marise
Joseph of Arimathea Payne (2018-)
Shadow Minister for Foreign
Main roles considered relevant for the Oberammergau Passion Affairs: Penny Wong (2019-)
Play 2020: Malcolm Turnbull (2015-2018)
Jesus Minister for Foreign Affairs: Julie
Peter, John, Judas Bishop
Mary Shadow Minister for Foreign
Mary Magdalene Affairs: Tanya Plibersek
Caiaphas, Annas Senate Leader of Opposition: Penny
Joseph of Arimathea Wong
Simon the Leper Permanent Rep. to the UN: Gillian
Pilate Bird (2015-2019)
Nicodemus Tony Abbott (2013-2015)
The Centurion Minister for Foreign Affairs: Julie
Herod Bishop
Nathanael Kevin Rudd (2013-2013)
Archelaus Julia Gillard (2010-2013)
Gamaliel Responsible Judiciary:
Ezekiel Director of Public Prosecution of Sweden:
Marianne Ny (2010-2017)
District Judge of Westminster Magistrates Court:
Vanessa Baraitser (2019)
Chief Magistrate London: Emma Arbuthnot (2018)
Significant accusatory others (anonymous; more):
Miss A
Miss W
Petitioning parents
Newman’s life also teaches us that passion for the truth, intellectual honesty and genuine conversion are costly. The truth that
sets us free cannot be kept to ourselves; it calls for testimony, it begs to be heard, and in the end its convincing power comes
from itself and not from the human eloquence or arguments in which it may be couched. (Address, London, 18 September 2010)
The same "passion for truth" is of course widely recognized as of prime importance to journalists such as Assange, as separately noted
(Whistleblowing as a "crime of passion" -- for the truth? 2020). Journalists readily claim to have a passion for truth, especially
investigative journalists (Jan Boesman and Irene Costera Meijer, Nothing but the Facts? Exploring the discursive space for storytelling
and truth-seeking in journalism, Journalism Practice, 12, 2018, 8). The remarkable number of tragic deaths of journalists in many
countries increasingly calls into question the price of that truth, as can be variously argued (The Price Of Truth: why honest journalism
shouldn't be life-threatening, Elite Daily, 10 September 2014). The Committee to Protect Journalists presented a later figure (Verena
Dobnik, Report: 53 journalist deaths tied to work so far in 2018, AP News, 20 December 2018). It records that a total of 1365
journalists were killed between 1992 and 2020.
What is the disconnect between the "passion for truth" of the Catholic Church and that of journalists? Why has the Pope failed to
respond to petitions regarding Assange, despite his personal experience of suppression of truth during the dictatorship in Argentine? Had
he been a Catholic, could a case be made for the canonisation of Assange -- with a role for the advocatus diaboli in any dramatisation
interweaving the trial theme?
The disconnect is of course especially embarrassing through the manner in which "passion" and "truth" have been reframed by both the
multiplicity of charges of sexual abuses by Catholic clergy and by the extensive cover-up efforts of the Vatican. Ironically these have
been variously documented by investigative journalists with a "passion for truth", notably at The Boston Globe (Dan Gilgoff, Catholic
Church's sex abuse scandal goes global, CNN, 20 March 2010; Frédéric Martel, In the Closet of the Vatican: power, homosexuality,
hypocrisy, 2019).
This suggests a dramatic adaptation of the most famous of the passion plays, namely the periodic Oberammergau Passion Play for
which the roles and plot have been the focus of considerable documentation since its origins in the 17th century. Further insight can be
derived from the careful casting of that for Easter 2020 (Actors, Passion Play). The dramatis personae (enriching the right hand column
in the table above) has 21 main cast roles, shared between two people (leading roles). It will take place 5 days a week from May until late
September/early October (details) -- presumably corresponding to stages in the trial of Assange.
We Americans often speak of our criminal procedure as if it were one of the main bulwarks of democracy. We like to consider
the criminal trial, with its adversarial process, as one of the great institutions of abstract justice. But the American criminal justice
system is a sham. The centerpiece of the criminal justice system-the trial-is itself a sham. It is not, in the main, a mechanism for
determining the truth.5 In the majority of criminal cases, the truth is already assumed from the start. While belief in the
presumption of innocence is professed, the defendant is treated as if his guilt were assured. In reality, it is up to the defendant to
prove, if possible, his innocence and to somehow show that he is an exception to the rule. More concretely, the criminal trial is
flawed because it is not adversarial (or at least not as adversarial as it should be). Instead of two evenly matched adversaries, the
advantages are decidedly weighted in the prosecution's favor. (pp. 744-745)
Just law versus Unjust law: It could be argued that both the Trial of Jesus and the Trial of Assange are "unfair" in legal terms -- and so
they may be perceived, irrespective of the validity of any such argument. The question revolves around the distinction between "just law"
and "unjust law". A standard legal maxim is that an unjust law is no law at all (Lex iniusta non est lex). Under the heading On the Just
Law vs. the Unjust Law, and framed as one of the most important moral treatises of the twentieth century, the Intercollegiate Studies
Institute shared excerpts from Martin Luther King Jr’s Letter from Birmingham Jail (An Unjust Law is No Law at All, 21 January 2019).
With respect to unjust law, there is a certain poignancy in exploring the tragedy of the life of Alan Turing and the manner of his death in
1954 -- given his remarkable role in World War II and in enabling the subsequent developement of computer technology. It could be said
that he uniquely embodied the application of a particular mode of intelligence which enhanced immeasurably the capacities of
conventional thinking. However, through the response of UK legal authorities (later described by one Prime Minister as "appalling") to his
sexuality -- unconventional for his time and necessitating his chemical castration -- he also embodied alternatives which continue to
challenge such thinking. It required special UK legislation to enable Queen Elizabeth II to grant in 2013 a much-delayed posthumous royal
pardon for Turing's conviction for gross indecency. The UK Justice Secretary then indicated that he deserved to be "remembered and
recognised for his fantastic contribution to the war effort" and not for his later criminal conviction. It might be asked whether the future
will see fit similarly to pardon the institutions and leaders of this period for their humanitarian "effort" -- despite later recognition of their
hideous crimes against humanity in failing to engage imaginatively with the problems of their times, even to the extent of effectively
"castrating" each other.
Controversy continues to be evoked by allegations that something being legal does not make it right, as variously discussed (Adam
Serwer, Just Because an Election Is Legal Doesn’t Mean It’s Legitimate, The Atlantic, 20 November 2018; Being legal doesn’t make it
morally right, The Times-News, 15 October 2014). Such recognition goes to the heart of perceptions of injustice and frustration in that
regard -- especially when some are protected by impunity (Challenging and changing unfair laws and systems, Justice Connect; Bradley
Manning: a sentence both unjust and unfair, The Guardian, 22 August 2013)
For Martin Luther King, Jr. in that famous Letter from Birmingham Jail (16 April 1963): One has not only a legal but a moral
responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws. At that time this evoked controversial
clarification (Is it right to break the law, The New York Times, 12 January 1964). Of some relevance to the case of Julian Assange -- as
an Australian -- are controversies relating to breach of unjust laws in that country during the period of his incarceration (Josh Butler,
Here Are Some Times People Broke 'Unjust Laws', HuffPost, 16 March 2017).
Enforcement of unjust law? Referring extensively to King's letter, another Australian explores the appropriate response of an individual
to laws which they in conscience consider unjust (Bede Haines, What to do when Faced with an Unjust Law? Australian Journal of
Legal Philosophy, 29, 2004). The author is a member of the Australian Law Society’s Ethics Committee.
With respect to that concern, AnneMarie Mingo argues:
Today, new civil rights struggles continue to challenge unjust laws that shred the fabric of democracy that America espouses.
Drawing upon both the Civil Rights Movement and the contemporary Movement for Black Lives, this article argues that unjust
laws and practices must be broken and challenged before a just society is established. (Just Laws, Unjust Laws, and Theo‐Moral
Responsibility in Traditional and Contemporary Civil Rights Activism, Journal of Religious Ethics, 46, 2018, 4)
Recognizing that legitimate political institutions sometimes produce laws which are clearly unjust, the question of whether agents of
legitimate states should enforce unjust (but not massively unjust) laws is addressed by Jake Monaghan (On Enforcing Unjust Laws in a
Just Society, The Philosophical Quarterly, 68, 2918, 273). He responds to three defences of the view that it is permissible to enforce
such unjust laws. The author concludes by developing a proceduralist argument for the thesis that law enforcement is permitted to
disregard unjust laws.
Australian twist? Given Assange's Australian nationality, and the manner in which the Australian government has "washed its hands"
with regard to the outcome of the legal proceedings against him, a far more controversial issue could be highlighted in any future
dramatisation. The issue is the perception by some that the Australian government has long been complicit in its manipulation of legal
provisions with regard to the original inhabitants and their homelands -- progressively appropriated under questionable legal provisions.
This has been formally recognized to a degree through a verbal apology (Apology to Australia's Indigenous peoples, Australian Institute
of Aboriginal and Torres Strait Islander Studies, 13 February 2008).
With respect to the above argument, the concern is with what is "not right" in a purportedly "just society" (Something's Not Right: why
are many Indigenous Australians experiencing disadvantage and injustice? Australians Together, 14 January 2020). The question is
raised by a group which endeavours to "bring Australians together by telling the stories that need to be told". Appropriate to this argument
has been the role of John Pilger as a staunch defendant of Julian Assange. In a film named Utopia (2013), Pilger has documented the
devastating inequalities suffered by the Aboriginal community (John Pilger exposes Australia’s shocking secret in Utopia, Australian
Times, 15 November 2013).
Pilger will undoubtedly consider the possibility of telling the story of the treatment of Assange, whether as a documentary or as a
memorable dramatisation. Dramatically appropriate to that possibility, Assange has received an Aboriginal Nations passport, as a
consequence of having been "jilted" by the Australian government (Assange gets an Aboriginal passport, Sovereign Union - First Nations
Asserting Sovereignty, 15 September 2012; Raffi Khatchadourian, Julian Assange, A Man without a Country, The New Yorker, 14
August 2017).
Such a dramatic twist could be further exploited by reference to the increasing credibility of extraterrestrials. They could well nullify the
basis of Earthly legal provisions from a "universal" perspective, just as thr Aboriginal lands were framed as terra nullius and as the
arguments in defence of Assange are declared null and void by the prosecution (Writing Guidelines for Future Occupation of Earth by
Extraterrestrials: Be done by as you did? 2010). The argument has been significantly dramatised by the movie Avatar (2009).
An additional Australian irony might be drawn into the fuure dramatisation, namely the appeal by Cardinal George Pell (in parallel with the
Assange process) against his conviction for child abuse (George Pell: Court hears cardinal's final bid to quash sexual abuse verdict,
BBC News, 11 March 2020; George Pell appeal: cardinal's lawyers say jury was wrong to reject defence arguments, The Guardian, 11
March 2020). Cardinal Pell, as an Australian, and the former treasurer of the Vatican, is the most senior Catholic priest ever to be found
guilty of such crimes (Cardinal Pell: Poisoned power at the top of the Church, BBC News, 26 February 2019). A striking contrast is
offered to the case of Assange in that the backlash against the conviction, and the claims of his innocence, are especially articulate in
Australia (George Pell: The backlash to cardinal's sexual abuse conviction, BBC News, 6 March 2019).
Multiple concerns have been raised as to the fairness of the trial, despite the documented suffering of the victims (George Pell: Why was
conviction kept secret? BBC News, 26 February 2019). The adequacy of the Australian legal system has been called into question.
Especially noteworthy is the strong support Pell has received from former prime minister John Howard (1996-2007) and other notables -
- in contrast to that received by Assange. How might the dramatisation compare the truths they respectively represent in relation to the
legal processes in which they are being determined?
Evolving framings of justice? Such arguments tend to assume that the understanding of "justice" and "fairness" is absolute and eternal.
Missing is the perspective of history and the manner in which such understanding may evolve in centuries to come. Of considerable
interest is the manner in which legal provisions of the past are reframed by history as being unjust or unfair. Of particular interest is the
manner in which a process has been framed as legal -- therefore "justifying" arguments made -- within a framework which is only
subsequently held to be "unjust". Necessarily, no such argument is "legitimate" within any such framework at the time.
Recent examples include the well articulated:
Apartheid legislation in South Africa: The system of racial segregation in South Africa was implemented and enforced by many
acts and other laws. This legislation served to institutionalise racial discrimination. While the bulk of this legislation was enacted
after the election of the National Party government in 1948, it was preceded by discriminatory legislation enacted under earlier
British and Afrikaner governments. Apartheid is distinguished from segregation in other countries by the systematic way in which
it was formalised in law.
Law in Nazi Germany: The shift from the traditional legal system (the "normative state") to the Nazis' ideological mission (the
"prerogative state") enabled all of the subsequent acts of the Hitler regime, including its atrocities) to be performed "legally". For
this to succeed, the normative judicial system needed to be reworked; judges, lawyers and other civil servants acclimatized
themselves to the new Nazi laws and personnel.
Considerable controversy was subsequently associated with the reappointment of the judiciary, despite their implication in the
adjudication of laws deemed unjust -- and their secretive efforts to protect themselves and others from prosecution (Richard A.
Fuchs, The Rosenburg files: Germany's justice ministry and its Nazi past, 11 October 2016).
Of particular interest in relation to the last example is the book -- in the guise of a legal thriller -- by the attorney, Ferdinand von Schirach
(The Collini Case, 2011; film version) as reviewed by Yuval Elbashan, The Law in the Service of Nazi Murderers, Haaretz, 1 February
2013):
Von Schirach succeeds in confronting his readers with the fundamental dilemmas in this realm today: dilemmas of law versus
justice, and of inequality and bias among the holders-of-power who formulate the laws (to their own benefit, of course), versus
those who were born on the wrong side of the law: the victims or the defendants... He reveals that in 1968... the decision was
made to apply a statute of limitations to cases of murder committed during the period of the Third Reich -- crimes that, because
of their gravity, had previously been excepted from the regular statue of limitations applicable to other crimes committed during
that period.
On October 1, 1968... "a totally inconspicuous law" was passed, called the Introductory Act to Administrative Offenses...
[Eduard] Dreher's law, as explained in the book, was based on the fact that "'in juridical terminology only the top Nazi leaders
were murderers,' said the expert witness. 'All others were regarded as accessories to murder'" -- as just following orders. None of
the "desk murderers", as they were called at the trial of Adolf Eichmann -- those who were responsible for sending transports of
hundreds of thousands to their death -- were considered murderers in eyes of the German law. When this small, unimportant law
passed without anyone noticing, they became accessories to manslaughter rather than accomplices to murder. Thus, at a stroke,
their deeds came under the statute of limitations and they moved to the safe haven of the impossibility of indicting them.
Especially problematic is the case of religious law, which typically derives from the sacred texts of individual religions (Marylin Johnson
Raisch, Religious Legal Systems in Comparative Law, GlobaLex). The latter offers a chart of Implementation of religious law in several
jurisdictions. Examples include: Islamic Law, Jewish Law, Christian Canon Law (Roman Catholic Church), Hindu Law, Buddhist Law
and Confucian Law. A principal difficulty lies in the eternal validity associated with each such belief -- held to be unquestionable -- and
consequently the eternal justification of the laws deriving from them.
Just as Apartheid and Nazism merit recognition as beliefs -- now highly contested -- each religion typically questions the beliefs of others
and their reflection in religious law. Many societies are currently faced with conflicts arising from the relative "legitimacy" or "fairness"
of religious and secular law.
National security as a religion? More controversial, as a consequence, is the effect of religious belief on national security -- a matter
which has been variously reviewed (Moria Bar-Maoz, On Religion and the Politics of Security: how religion’s involvement in domestic
politics affects national securitymaking, The Review of Faith and International Affairs, 16, 2018, 2; Casey Lucius, Religion and the
National Security Strategy, Journal of Church and State, 55, 2013, 1; Jonathan Shaw, The Role of Religion in National Security Policy
Since September 11, 2001, Strategic Studies Institute, U.S. Army War College, 2011).
Such is the entanglement, most obviously in periods past, that it could be asked whether "national security", and the beliefs with which it
is associated, can now be effectively distinguished from a "religion". From a secular perspective, is national security a religion? How
are Nazism and Apartheid to be distinguished from religion? It could be argued, for example, that fundamental Christianity has now
"trumped" secular beliefs regarding national security in the USA. So framed, the national security provisions framing the case against
Assange could be seen as derivative to some degree from religious law -- or merit exploration as such. For those holding such beliefs, is
Assange effectively guilty of blasphemy?
Whether religious or secular, there is little consideration of the potential future evolution in understanding of what is "just" or "unjust".
This could be sharply contrasted with the argument with respect to the "half-life of knowledge", as popularised by Samuel Arbesman
(The Half-Life of Facts: why everything we know has an expiration date, 2012). How might the "half-life of justice" be understood?
Appropriate to current concerns with climate justice, an environmental instance in relation to uranium mining is offered by Sunita Dubey
(The half-life of justice and common sense, India Together, 18 April 2005).
Political vs. Non-political? The third and fourth days of the Assange extradition hearing focused on the legal question of whether there
was a bar on extradition for political offences (Kevin Gosztola, Prosecution in Assange Extradition Hearing: US-UK Treaty does not
apply to Wikileaks' publisher, Common Dreams, 27 February 2020). The prosecution on behalf of the USA claimed that there was no
such bar, in contrast with Assange's defence team who claimed that there was. The defence endeavoured to demonstrate that the
argument for extradition implied that the case was primarily political -- thereby preventing any extradition (Craig Murray, Your Man in
the Public Gallery – Assange Hearing Day Four, 28 February 2020; Craig Murray, Your Man in the Public Gallery -- The Assange
Hearing Day 3, 27 February 2020; Binoy Kampmark, Day Four of Extradition Hearings, Australian Independent Media, 28 February
2020; Binoy Kampmark, Political Offences and Legal Restraints: Day Three of Extradition Hearings, Australian Independent Media, 27
February 2020).
As yet unresolved, a potentially overriding fact is that, as head of state, Her Majesty Queen Elizabeth II had effectively pronounced prior
to the hearing that the case was indeed "political". (Queen Elizabeth won’t get involved in Julian Assange case because it’s a political
matter – Buckingham Palace, RT, 18 February 2020; Clive Hammond,Royal shock: Queen finally responds to demand to help Julian
Assange in prosecution row, Express, 18 February 2020; Queen Elizabeth II Won't Intervene in 'Political' Case Against Julian Assange,
Sputnik News, 17 February 2020). A Buckingham Palace spokeswoman has said the Queen will not intervene to release Julian Assange,
vowing to remain "non-political" -- seemingly confirming that Assange’s detention is a political, not criminal, matter.
The detachment of the Queen is itself potentially embarrassing given the arguments made by the USA for the "extradition" of her son,
Prince Andrew, for questioning with regard to sexual abuse in the Epstein case (Lizzie Dearden, Prince Andrew ‘vulnerable to
extradition’ as investigation into Jeffrey Epstein’s abuse continues, The Independent, 18 November 2019; George Galloway, Justice
blind or blinded by titles? A tale of Prince Andrew and Julian Assange, RT, 26 November 2019) ). Clearly a non-political matter? In the
same period the US decided to reject an extradition request in relation to the death of Harry Dunn (Harry Dunn: Anne Sacoolas
extradition request rejected by US, BBC News, 24 January 2020). The family have indicated their support for Assange (Teen accident
victim's family call for UK to block Julian Assange's US extradition, CNN, 23 February 2020).
Inherent paradoxes? In the absence of any systemic study of the roles in play in a range of trials, especially relevant are the nuances
and controversies highlighted in the extensive literature on the trial of Jesus, as noted by Joseph H. H. Weiler (The Trial of Jesus, First
Things, June 2010). The latter reports on insights from a seminar regularly taught at the New York University’s School of Law on the
trial of Jesus. It is especially valuable in contrasting the understandings of blame, guilt and evidence by those involved, as well as by
subsequent commentators down the centuries.
Weiler addresses an issue which has been a determining factor over millennia:
Historically, since it was not Jewish hands that physically nailed Jesus to the cross, it is the trial that became the responsibilizing
act and, hence, the source of the deicide charge. A graver charge, a heavier guilt, is difficult to imagine.... And yet, this
seemingly obvious point is in fact more nuanced than meets the eye, especially in light of the well-established difference between
the accounts in the synoptic gospels and in John. In the synoptics, for the most part, the enemies of Jesus are articulated with
considerable specificity: chief priests, priests, Levites, elders, some Sadducees and Pharisees, scribes. In John, by contrast, the
enemies are for the most part “the Jews.” Imagine for just a minute a universe in which we had only the synoptics and no John.
What problem does the trial actually raise for us? The redemptive purpose and function of Jesus’ death is realized only if the
Paschal Lamb died blameless, innocent, pure, and without blemish. The problem of the trial is not simply that it resulted in Jesus’
death. The problem is that he was convicted at the trial, which threatens that purity—and, thus, over the centuries, a huge
literature has emerged to impugn the trial as grossly unjust. Much of this injustice literature focuses on the procedure of the trial
rather than the conviction for blasphemy, perhaps because, in replying to Caiaphas, Jesus affirms that he is, indeed, the Son of
the Blessed,...
He then argues:
But, if it is God’s wish that Jesus die, and die innocent, then some human agent must transgress against God, for we are surely
commanded not to convict and kill the innocent... In the case of Jesus’ trial, however, the divine plan seems to require an
innocent man to be found guilty and put to death. That, of course, runs directly contrary to God’s law. For the Passion on which
salvation hangs to take place, evil must occur, God must be defied, and his servants must disregard his wish that humans act
justly.
In this sense, for the Trial of Assange to "work" effectvely in memorable terms for the years to come, it is vital that both his innocence
be recognized and that he be convicated in a trial which is readily recognized as flawed. Considerable importance is therefore attached to
the "Caiaphas" appointed by the US prosecution -- fully convinced (erroneously) of Assange's guilt. A key to that conviction will be any
admission by Assange, when interrogated, that his actions embody a far higher truth than that embodied by the US authorities in
prosecuting him in defence of their narrow interests (thereby defined as "evil").
There is clearly great merit in the trial coming to be perceived as extremely flawed -- if only by the future, or in any dramatisation -- as a
means of framing the higher order of truth about which investigative journalist and others are passionate. It is the many techniques of
cover-up by which such flaws are typically disguised which are a source of learning (Vital Collective Learning from Biased Media
Coverage: acquiring vigilance to deceptive strategies used in mugging the world, 2014). As with the distortions in the Trial of Jesus,
those in the Trial of Assange are a vital contribution to human development.
It is appropriate to note the recent initiative of the Clooney Foundation for Justice to establish TrialWatch as a process of tracking trials,
especially those involving human rights issues. It claims to be partnering with the Office of the United Nations High Commissioner for
Human Rights, the American Bar Association, Columbia Law School, and Microsoft Corporation, to achieve its objectives:
American Bar Association: TrialWatch launched to monitor trials worldwide
Alex Thornton, How TrialWatch and other technology can help navigate the legal system (2 July 2019)
Columbia Law School: Clooney Foundation for Justice Launches Human Rights Initiative at Columbia Law School (April 2019)
United Nations Office of the High Commissioner on Human Rights, Launch of TrialWatch with the Clooney Foundation (April
2019)
Sofia Svensson, The Clooney Foundation Launches TrialWatch: a global effort to monitor unjust trials, International
Observatory of Human Rights (17 April 2019)
Sanjana Varghese: Amal Clooney's new app fights back against unfair trials (Wired, 6 September 2019)
Brad Smith: Tech that makes the world a witness to courtroom injustices across the globe (Microsoft, 25 April 2019)
TrialWatch aims to train a multiplicity of trial-monitors and hold rogue governments to account by keeping a close eye on trials in
countries with questionable human rights records . This is distinct from the initiative of Trial International and its database.
Anyone following this case will know that justice is not the intention of the British state when it comes to Julian Assange and his
impending extradition to the United States... These are the conditions of one of the most important court cases currently
underway in British legal history.... Assange is being subjected to what is evidently a show trial....
Of all places in the world, in a British court, it should make no difference what anyone thinks about the defendant. But in this
case, the method of proof and the rules of evidence are without a doubt compromised – as indeed, is evidence of torture in this
case. Even the judge’s actions to date have been more than questionable and seem by all accounts prejudicial....
And yet, deep down, you know that this is a show trial, really just a kangaroo court. Its outcome is merely a case of
manoeuvring the facts and coming to a pre-ordained decision ordered by a cowering supplicant state of America. When this case
is over, it will set a new precedent for the state against dissidents, it will change the very basis of justice and will decisively and
permanently change the course of court cases to follow. (Julian Assange: British justice in the dock, TruePublica, 28th
February 2020)
Given the Australian citizenship of Julian Assange, a delightfully ironic possibility for any dramatisation could well be found in the
problematic nature of a so-called kangaroo court -- a term in common use within the "Five Eyes" vitally interested in the issues raised by
the trial -- namely the UK, US, Australia, New Zealand and Canada. Potentially relevant comments in each case include:
USA:
Steven Poole: 'Kangaroo court': what have marsupials got to do with White House politics? (The Guardian, 11 October
2019)
Ben Zimmer: ‘Kangaroo Court’: A Peculiar Complaint of Unjust Proceedings (The Wall Street Journal, 11 October 2019)
Rich Lowry: How the U.S. Senate Became a Campus Kangaroo Court (Politico, 20 September 2018)
Andrew Gumbel: US accused of using 'kangaroo court' to try men accused of role in September 11 attacks (Independent,
12 February 2008)
Trump’s Case Headed for Possible “Kangaroo Court” in Senate (FreeSpeech, 19 December 2019)
'Kangaroo court' - Trump blasts impeachment inquiry (YouTube, 19 November 2019)
Guantanamo a 'kangaroo court' - British judge (The Age, 27 November 2003)
UK:
Heather Stewart: Gavin Williamson: 'I was tried by kangaroo court – then sacked' (The Guardian, 2 May 2019)
Oscar Grenfell: Julian Assange’s court hearing in London: Britain stages a lawless show-trial (Pacific Free Press, 24
October 2019)
Greg Wilpert: Opinion Julian Assange in Kangaroo Court (TruthDig, 5 November 2019)
Craig Murray: Assange’s Judge a Disgrace to the Bench, Ex-UK Ambassador Says (Consortium News, 15 April 2019)
Save Julian Assange from the USA-UK Kangaroo Court (Behaviorist Socialist, 15 May 2018)
Australia:
Amanda Stoker: It’s time we culled these kangaroo courts (The Australian, 27 November 2019)
Adrian Proszenko: Sam Burgess calls for overhaul of 'kangaroo court' judiciary system (The Sydney Morning Herald, 17
September 2019)
John Hirst: 'Kangaroo Court': Family Law in Australia (Quarterly Essay, 2005, #17)
Katie McRobert: Dragging animal welfare through a kangaroo court (Australian Farm Institute, 10 April 2018)
Hubbard College of Scientology: Kangaroo Court: an investigation into the conduct of the Board of Inquiry into
Scientology, Melbourne, Australia (1967)
Canada:
Neil Mohindra: Ottawa is creating new kangaroo court that will make life a lot harder for Canadian businesses abroad
(Financial Post, 24 January 2018)
Ezra Levant: Human rights judge gone, kangaroo courts remain (Toronto Sun, 21 March 2014)
Stephen Lendman: Kangaroo Court Justice for Hassan Diab (Canadian Dimension, 18 November 2014)
Yamri Taddese: Chief justice pushes back against bias claims, insinuations of kangaroo court (Law Times, 25 August
2014)
Kathy Shaidle: Canada's Human Rights Kangaroo Court
Canada's Human Rights Commission -- Canada's very own kangaroo court? (Sherdog, 25 July 2015)
Kangaroo Court of Canada: Compliments of Liberals and Conservatives (Rabble, 2015)
New Zealand:
Kangaroo Court: a video explaining New Zealand's new "guilt-on-accusation" anti-Internet law (Boing Boing)
Activist slams SIS `kangaroo court' (New Zealand Herald, 30 June 2000)
References are widely made to the use of such courts in other countries whose legal systems are readily deplored by the countries named
above.
Such a court is one that ignores recognized standards of law or justice and often carries little or no official standing in the territory within
which it resides -- presumably not applicable in the case of Assange. The term may also apply to a court held by a legitimate judicial
authority, as in the case of Assange, which intentionally disregards the court's legal or ethical obligations -- as argued by Assange's
defence team. The defendants in such courts are often denied access to legal representation and, in some cases, proper defence and the
right of appeal -- of which there are already indications.
Trial of Jesus: In further justification of the parallels between the Trial of Assange and the Trial of Jesus, similar arguments have been
made -- often in far greater detail -- with regard to the latter (Trial of Jesus: facts and details, 2018). References include the following,
although the theme is evident in the content of many other such texts:
Who killed Jesus? The case against Caiaphas (BBC News, 18 September 2009)
Gordon Curley: A Kangaroo Court: Jesus On Trial (Sermon Central, 6 March 2016)
Kevin Riggs: Kangaroo Court: Luke 22:63-23:25 (Floods of Justice, 3 April 2017)
Sivadas Chettur: The Trial of Jesus by the Kangaroo Court (Lawyers Club of India, 2 April 2010)
D. Lance Waldie: The High Priests' Kangaroo Courts (Harvest Bible Church, 15 March 2016).
Jesse Cragwall: Luke 23:1-25 -- Jesus and the Kangaroo Court (ProvGroups, 2 March 2018)
Bruce Goettsche: Kangaroo Court (Union Church of La Harpe IL)
Bruce Carter: Kangaroo Court (Valley View: the Good News of Jesus, 14 March 2010)
Peter Leithart: Un-Kangaroo Court (Patheos, 21 November 2009)
Jim Edwards: Jesus in the Evil Jewish Kangaroo Court (Everyday Christian Family, 15 December 2015)
Before a Kangaroo Court (Ligonier Ministries)
A Kangaroo Court: how Jesus' trial was illegal (Saint Dimitrie: Romanian Orthodox Church of Brisbane, 19 April 2012)
The Illegal Kangaroo Courts leading up to Christ (Second Coming) in Wrath (New Jerusalem Ministries, 20 October 2012)
Kyle Butt: Kangaroo Court (Apologetics Press, 2003)
The latter is a commentary on a book by John MacArthur (The Murder of Jesus, W Publishing Group, 2002), subsequently republished
with a subtitle (The Murder of Jesus: A Study of How Jesus Died, Thomas Nelson Publishers, 2004).
Prejudicial bias of the decision-maker or from political decree are among the most publicized causes of kangaroo courts. Some
commentators argue that the result in the Assange case has been pre-determined. Such proceedings are often held to give the appearance
of a fair and just trial, even though the verdict was already decided before the trial actually began.
There is a splendid irony to be explored in any future dramatisation in that it is an avowedly Christian society which is framing the case
against Julian Assange. This is a society which deplores the Trial of Jesus as having been ensured through a kangaroo court and frames
the adjudication by others in such terms (Alex Newman, UN Kangaroo Court Implodes Amid Threat to Prosecute U.S. Troops, New
American, 17 November 2016). The irony is potentially all the greater in that it is the Christian fundamentalists who emphasize the
illegality and injustice of that trial who are now recognized as constituting the power base of the president of the country ultimately
responsible for the trial of Assange..
Her face was a progression of sneers and imperious indifference; she addressed Julian with an arrogance that reminded me of a
magistrate presiding over apartheid South Africa’s Race Classification Board. (Did This Happen in the Home of the Magna
Carta? Consortium News, 25 October 2019)
Given that perspective, a dramatisation could suggest that she was in fact a close relative of Lisa Baraitser, a professor of psychological
theory, whose contribution is acknowledged by the authors of a study of relevance to this argument (Jessica Pykett, et al, Psychological
Governance and Public Policy: governing the mind, brain and behaviour, 2016). A potential indication of familial bias might then be
offered by Lisa's signature of a controversial statement (List of Pro-BDS Professors and Academics, 2019).
Assange is however widely reported to be "under medication" (Doctors Petition UK Home Secretary Over Julian Assange, 23 November
2019; Ceylan Yeginsu, Julian Assange ‘Could Die’ in U.K. Jail, Doctors Warn, The New York Times, 25 November 2019), More
intriguing therefore is the authorisation for any such medication and how it relates to any "enhanced interrogation" -- as in the case of the
well-documented methods used in Guantanamo Bay (Jason Leopold and Jeffrey Kaye, Controversial Drug Given to All Guantanamo
Detainees Akin to "Pharmacologic Waterboarding", Prison Legal News, 15 April 2011). This suggests a variety of possibilities for any
future dramatisation -- especially as might follow from the use of psychoactive drugs.
Any comparison with Jesus in a dramatisation, however dubious, even suggests possibilities that his mystical experiences were drug
enabled (Richard J. Miller, Religion as a Product of Psychotropic Drug Use: how much of religious history was influenced by mind-
altering substances? The Atlantic, 27 December 2013). Would the argument now be relevant to any change agents of the present period?
An intriguing dramatic twist is offered by the fact that it was only the pleas of fellow prisoners in the Belmarsh facility which ensured the
transfer of Assange from isolation to slightly more congenial conditions. This is especially ironic in dramatic terms given the special
relation between Jesus on the Cross and the criminals hung beside him, as appreciated in the biblical tales of the penitent thief and the
impenitent thief (Caitlin Johnstone, Belmarsh Prison Inmates Prove More Ethical Than Entire Western Empire, 25 January 2020;
Assange's Solitary Confinement Ends Following Pressure From Lawyers And Fellow Prisoners, Sputnik News, 24 January 2020).
Another twist is offered by the argument of the US, as represented by the prosecutors in the extradition hearing (Julian Assange 'put
lives at risk' by sharing unredacted files, BBC News, 24 February 2020; Jason Douglas: Assange Put Lives at Risk, U.S. Argues as
Extradition Hearing Begins (24 February 2020; Michael Holden, Julian Assange put lives at risk, lawyer for United States says, IT News,
25 February 2020).
With respect to the secret services, curiously this occurs in the same period in which it has become lawful for those services to commit
crimes (U.K. Security Service Can Let Informants Commit Crimes, Court Rules, The New York Times, 21 December 2019; MI5 can
lawfully tell agents to commit crimes, The Independent, 30 December 2019). A similar patten is evident in the US (Trump's pardons erode
good order and discipline and could shatter the military's reputation, veterans say, Business Insider, 27 November 2019). For journalists,
the Saudia Arabian response to Jamal Khashoggi in 2018 has clearly been an inspiration to the UK and the USA, rather than a matter to be
deplored.
When Mel Gibson produced The Passion of the Christ (2004) with a bloodied to the point of being unrecognizable Jim Caviezel
as Jesus during his last 12 hours before the crucifixion, moviegoers had to put down their popcorn and critics said the story was
lost in the snuffing of the Savior. Respected film critic Roger Ebert described The Passion of the Christ as the most violent film
he’d ever seen. (The Truth of What It Is Like to Be Crucified, Forbes, 26 March 2016)
The earlier paper introducing the need for a memorable symbol discussed the possibility of requisite iconic "special effects" in the light of
the universal Christian appreciation of the cross as an appropriate symbol of the pain inflicted by authority on Jesus as a truth-teller. The
question raised was what contemporary technology could now best embody the official attitude of the USA to emergent truth?
Inspiration for the central symbol of environments in which truth is celebrated in the future might be more imaginatively associated with
a combination of the iconic imagery of the popular Star Wars series and the use of waterboarding -- as a seemingly painless preferred
modality in the official quest for truth in the USA. As with Jesus on the cross, a degree of elegance needs to be embodied in the imagery
for purpose of display.
A basis for reflection on that possibility, with proven imaginative appeal, is offered by the character Han Solo, appropriately described by
Star Wars creator George Lucas as: a loner who realizes the importance of being part of a group and helping for the common good. The
series is widely known for its celebration of a transcendent "Force" -- a binding, metaphysical, and ubiquitous power. The earlier
proposal reproduced the presentation by John Ringland (Two Perspectives on the US / Assange Issue, 2019) comparing Truth Wars: the
Empire strikes back with Security Wars: protecting the Homeland.
In the Star Wars drama, under the orders of Darth Vader, Solo is captured and sealed in carbonite for delivery to Jabba the Hutt -- a
process somewhat reminiscent of that desired by US authorities with respect to Assange and Snowden. Manning could already be
understood to have long been placed in a form of stasis in anticipation of his show trial. Through incarceration, permanent stasis is now
vigorously sought for all three. The practices of the Guantanamo Bay detention facility are also indicative of a form of painful legal stasis
officially favoured by the US -- a form of living death -- contrasting strangely with the values embodied in a widely known song
(Guantanamera) in celebration of a woman from that area.
Relevant to the proposal are the many references comparing Darth Vader with Donald Trump, including:
Josiah Wilmoth: Freudian Slip? Trump Accidentally Compares Himself to Darth Vader (CCN Mrkets, 21 August 2019)
Dory Jackson: Mark Hamill says Donald Trump is worse than Darth Vader, as Star Wars villain (Newsweek, 27 December 2018)
Barney Henderson: Donald Trump 'pictured next to Darth Vader' on Air Force One (The Telegraph, 7 April 2017)
Chris Matyszczyk: Donald Trump photographed with Darth Vader (CNET, 6 April 2017)
Sam Thielman: Donald and Darth: how the two leaders compare on key issues (The Guardian, 18 December 2015)
Andy Golder: Darth Vader Mixed With Donald Trump Quotes Is Hilarious (BuzzFeed, 11 December 2015)
James Vincent: This Donald Trump / Darth Vader mashup is surprisingly good (The Verge, 9 December 2015)
Someone dubbed Donald Trump over Darth Vader and it's hysterical (YouTube, 7 December 2015)
As previously suggested, the "triumvirate" of Manning-Assange-Snowden could be embodied in a single image, resembling that of Han
Solo sealed in carbonite (as in a tombstone). This could be appropriately and elegantly displayed under a flow of water in centres in
which truth is celebrated in the time to come --- echoing the enhanced interrogation to which the triumvirate are likely to be subjected
under the orders of Pontius Pilate XXI.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
For further updates on this site, subscribe here