A British court has ruled that WikiLeaks founder Julian Assange can appeal against an order that he be extradited to the US on espionage charges. Two High Court judges on Monday, May 20, said Assange has grounds to challenge the UK government’s extradition order.

The ruling sets the stage for an appeal process likely to further drag out a years-long legal saga. Assange faces 17 espionage charges and one charge of computer misuse over his website’s publication of a trove of classified US documents almost 15 years ago. The Australian computer expert has spent the last five years in a British high-security prison after taking refuge in the Ecuadorian Embassy in London for seven years.

Assange's lawyers had argued that the US provided "blatantly inadequate" assurances the WikiLeaks founder would have free press protections if extradited to America to face espionage charges. Lawyer Edward Fitzgerald said prosecutors had failed to guarantee that Assange, who is an Australian citizen and claims protections as a journalist for publishing US classified information, could rely on press protections of the First Amendment of the US Constitution.

"The real issue is whether an adequate assurance has been provided to remove the real risk identified by the court," Fitzgerald said. "It is submitted that no adequate assurance has been made."

17 espionage charges

Assange, 52, has been indicted on 17 espionage charges and one charge of computer misuse over his website’s publication of a trove of classified US documents almost 15 years ago. American prosecutors allege that Assange encouraged and helped US Army intelligence analyst Chelsea Manning to steal diplomatic cables and military files that WikiLeaks published.

Assange’s lawyers have argued he was a journalist who exposed US military wrongdoing in Iraq and Afghanistan. Sending him to the US, they said, would expose him to a politically motivated prosecution and risk a "flagrant denial of justice."

The US government says Assange’s actions went way beyond those of a journalist gathering information, amounting to an attempt to solicit, steal and indiscriminately publish classified government documents.

In March, two judges rejected the bulk of Assange’s arguments but said he could take his case to the Court of Appeal unless the US guaranteed he would not face the death penalty if extradited and would have the same free speech protections as a US citizen.

The court said that if Assange couldn’t rely on the First Amendment then it was arguable his extradition would be incompatible with the European Convention on Human Rights, which also provides free speech and media protections.

The US provided those reassurances, but Assange’s legal team and supporters argue they are not good enough to rely on to send him to the US federal court system because the First Amendment promises fall short. The US said Assange could seek to rely on the amendment but it would be up to a judge to decide whether he could.