The phantom of liberty … the paradoxes of conservatism

Economist and commentator Henry Ergas wrote in The Australian recently: “With the Trump revolution wreaking havoc on conservative movements worldwide and the election rout leaving Liberals stunned, Australian conservatism faces an identity crisis it no longer can afford to ignore. Understanding its divergence from overseas traditions is vital to recovering and redefining the distinctive voice it needs to deal with the latest threat to its existence.”  I have repolished it below.
Personally, I find the crisis in contemporary conservatism, particularly as it pertains to Australia politics, fascinating. Here it is in danger descending into a culture of grievance and of populism (- defined as the quest for simple solutions to complex problems).

These fast-moving times are shaky ground for the creed. People are losing faith in institutions; the church no longer has moral influence; the social norms that once tied the community together are changing at lightning speed. Even many within what can be classified as the centre-right acknowledge  what might be described as the conservative movement is apparently on the back foot, scrambling to define itself by what it opposes rather than what it believes, plagued by self-doubt and confusion as to what to believe what to stand up for.

As younger voters in the Anglo-sphere veer away from conservative parties, old warhorses and young fogeys, an incongruous, anachronistic cabal of reactionaries if ever there was one, desperately seek relevance and comfort as they endeavour to beat back what they see as the rising tide of progressivism and the proliferation of what they condemned as “woke” – a portmanteau word for whatever that dislike and disdain in politics and society’s at large.

“Conservatism” is an intriguing concept. It can broadly be translated as “traditional” values, and can embrace a varied spectrum of “isms”, including authoritarianism, hierarchy, nationalism, nativism and ethnocentrism, and also, en passant, religiosity, homophobia, and indeed, anything deemed antithetical to the old, tried and true ways. In a general sense, it has gained traction across much of the world as people yearn for order and stability and belonging and identity that western-style liberalism with its ecumenical emphasis on identity, equity and diversity cannot satisfy. Many highlight what they see as to the erosion of national institutions, of Western culture and even morality itself. Some advocate a national conservatism that hold nations to be distinctive and to seek to protect this distinctiveness.

It is in essence an atavistic worldview, one which harks back to the ways of thinking and acting of a former time and a yearning for “la recherche du temps perdu”. In its modern manifestations, it is in many ways a belligerent, intolerant creed, quite distinct from the late 18th century English parliamentarian Edmund Burke’s benchmark conservatism, namely the preservation of principles of the past which emerge from “the nature of things by time, custom, succession, accumulation, permutation and improvement of property”, and in which institutions and customs were rendered sacred by longevity and continual use. The comfort of continuity, in fact.

And it is different to what perennial Australian prime minister Robert Menzies was alluding when he formed the Australian Liberal Party in 1945: “a healthy and proud sense of continuity, is one of the greatest steadying influences and a superb element of sanity in a mad world… “ in his Forgotten People speech of 1942, he invoked homes material, homes human and homes spiritual – the homes humans can live in and where families can be enriched spiritually – rather than the merits of some cold ideology. It was a uniquely reassuring doctrine for homely, ordinary folk opposed to change or frightened by it.

In his essay, “Why I Became A Conservative“, the late British philosopher Roger Scruton wrote that the romantic core of the creed was the search for the “lost experience of home”, the dream of a childhood that cannot ever be fully recaptured, but can be “regained and remodelled, to reward us for all the toil of separation through which we are condemned by our original transgression”. At the heart of conservatism, in other words, is love: love for things that exist or existed and must be saved.

In his introduction to A Political Philosophy, Scruton wrote: “the conservation of our shared resources — social, material, economic and spiritual — and resistance to social entropy in all its forms”. His conservatism was, above all, conservationist: constant care for institutions, customs, and family. His debt to Edmund Burke: society is a contract between the living, the dead and the unborn; a “civil association among neighbours” is superior to state intervention; “the most important thing a human being can do is to settle down, make a home and pass it on to one’s children”.

There is something quite benign about these concepts of conservatism. In stark contrast, conservatism that is gaining traction in many countries, particularly in eastern Europe, but also on the MAGA movement in the United States and on the far-right in Western Europe and also, Australia is a cold, atavistic and embittered beast. Populist in its nature, it appeals primarily to those who favour the reassuring hand of a paternal authority figure who is able to promise those aforementioned simple solutions to the modern world’s bewildering array of complex problems. Freethinkers, individuals, and all of heterodox opinions and practices, political, social, biological or spiritual – beware!

© Paul Hemphill 2025. All rights reserved

Disclaimer: the only thing this post has to do with Spanish director Luis Buñuel’s 1974 surrealist comedy drama Le Fantôme de la liberté is its title, although like the film, it challenges pre-conceived notions about the stability of social mores and reality.

See also in In That Howling Infinite, A Political World – thoughts and themes

Existential dilemma: the great conservative split

With the Trump revolution wreaking havoc on conservative movements worldwide and the election rout leaving Liberals stunned, Australian conservatism faces an identity crisis it no longer can afford to ignore.

Henry Ergas and Alex McDermott, The Australian 10 May 2025

The Trump revolution is wreaking havoc on conservative movements worldwide. Artwork: Frank Ling

In the aftermath of last weekend’s devastating election loss it is easy to write off conservatism in Australia. This wouldn’t be for the first time. As historian Keith Hancock observed in Australia (1930), conservative, in this country, has always been a term of abuse, implying that its target is an out-and-out reactionary.

There is nonetheless a profound paradox. Although conservative may be a term of abuse, Australian politics has long had a marked conservative vein, even as its chief protagonists have studiously avoided the descriptor. A hardy perennial, with a distinctive voice that contrasts with overseas conservatism, the conservative instinct in Australia has run deep, dominating federal politics for decades – and recovering, time and again, from setbacks that had been claimed to foreshadow its demise.

Now, however, with the Trump revolution wreaking havoc on conservative movements worldwide and the election rout leaving Liberals stunned, Australian conservatism faces an identity crisis it no longer can afford to ignore. Understanding its divergence from overseas traditions is vital to recovering and redefining the distinctive voice it needs to deal with the latest threat to its existence.

US President Donald Trump and Vice-President JD Vance. Picture: AP

US President Donald Trump and Vice-President JD Vance. Picture: AP

In part, that identity crisis reflects the factor that has made for conservatism’s enduring success: its infinite adaptability. Indeed, the term defies easy definition, just as the groups to which it has been applied defy ready categorisation, making the conservative identity inherently labile.

As Paul de Serville, a historian of Australian and British conservatism, has observed, every party that has emerged to represent conservatism’s interests and beliefs across the past 350 years “is a study in contradiction between opposing traditions and schools of thought”.

Even its founding parent, the movement that eventually became the Conservative Party in Britain, has “died or lain dormant” numerous times, split at least twice, and never settled on any singular set of policies, ideas and beliefs. Its capacity to incorporate diverse elements has in fact been one of its defining qualities. After all, “what other party has elected a Jewish novelist (Disraeli) to lead a group of wordless squires? Or a grocer’s daughter (Thatcher) to rule a sulky band of Tory Wets?”

But beneath the shifting terrain of cultural and political battlegrounds, there are in British conser­vatism some identifiable commitments. Originally, the commitment was above all to tradition. Born in the turmoil of the English civil war, the Tories (a term derived from the Middle English slang for outlaw) stood for loyalty to the Church of England and the crown. Unapologetic royalists, their clergy defended the church against the Puritans while stressing the values of family, home and nationhood. Over time, however, the primary emphasis of British conservatism changed into a commitment to the virtue of prudence.

Often associated with a sense of human limitations and the impossibility of achieving utopia, British conservatism became the embodiment of a Western intellectual tradition that extends back at least as far as St Augustine.

Former British Prime Minister Boris Johnson picture in 2019, led a populist style Conservative Party. Picture: AFP

Former British Prime Minister Boris Johnson led a populist style Conservative Party. AFP

Conservatism in the US had a starkly different origin and trajectory. Far from being a reaction to the threat of change, it was a by-product of the American Revolution’s fight against the crown. Initially, what it sought to conserve was the ideal of a “mixed constitution” whose myriad checks and balances could prevent the development of an overmighty state. That coexisted with the agrarian conservatism of the south that feared, above all, the centralism that might abolish slavery and privilege northern manufacturers over southern primary exporters. Together, those foundations fuelled the development of a staunchly conservative, often highly formalistic legalism whose power – unrivalled in any other Western country – grew with the ascendancy of the Supreme Court.

But as early as the 1820s that version of conservatism faced a powerful challenge from Andrew Jackson’s radical populism. Jacksonian populism had more than its fair share of incoherence but its grassroots pugnacity spawned one of US politics’ most enduring and certainly most distinctive notions: the spectre of a “deep state” that was liberty’s greatest enemy.

Permeated by a Manichean friend-enemy dynamic that distinguishes what American historian Richard Hofstadter famously called the “paranoid style” in US politics, the Jacksonians portrayed the federal government as far worse than overbearing: having been hijacked by the enemies of the common man, it was an actively malevolent force hiding behind the facade of law and order. Only by dismantling it could freedom be preserved.

Former US President Andrew Jackson. Jacksonian populism spawned one of US politics’ most enduring and distinctive notions: the spectre of a ‘deep state’. Picture: News Corp

Former US President Andrew Jackson

The Jacksonians left a deep imprint on the American right and most notably on its rhetoric, but they never entirely conquered the field. The somewhat rigid constitutional conservatism that had preceded Jacksonianism survived and, inspired by intellectual leaders such as Supreme Court associate justice Antonin Scalia, flourished.

At the same time, many other varieties of conservatism appeared and at times reappeared after having gone into abeyance.

For instance, Vice-President JD Vance’scommitment to an intensely moralistic vision of politics – that privileges honest labour over endless consumption, security at home over adventures overseas, family and local community over wider notions of society – renews a Catholic tradition that had waned as the ethnic communities that were its original bearers assimilated into the American mainstream.

Vice-President JD Vance’s commitment to an intensely moralistic vision of politics renews a Catholic tradition that had waned. Picture: AFP

Vice-President JD Vance

In that sense American conservatism was always as mutable, open-ended and diverse as the US itself. But for all of that diversity, the nature of the presidential contest periodically forced its differing elements to coalesce around a leader who somehow embodied the spirit of the times.

Seen in that perspective, Donald Trump’s ascendancy reflects the triumphant resurgence of the movement’s radical populist streak.

As with all populisms, Trump’s message jumbles together contradictory, even irreconcilable, components. But it isn’t intended as a coherent intellectual project – it is not a politics of ideas that Trump pursues but of emotive response and instantaneous impact.

Even less is it a politics of cautious pragmatism, as was the conservatism of Republicans George HW Bush or John McCain, who also channelled one of American patriotism’s many styles. And least of all is it, like Vance’s, a politics of high moral purpose. Rather, it is a politics of personal power, deployed, often arbitrarily, to purposes that can change unpredictably from day to day.

That it is not to deny that there runs through Trump’s project American conservatism’s golden thread: the goal of restoring what his supporters view as the freedoms that were the original promise of the American founding and, later, the American Revolution.

But much as was the case with the Jacksonians, that goal is to be achieved by demolishing existing institutions, which are cast as having betrayed the original promise, rather than through their cautious reform. Trumpism’s intensely antinomian character is starkly antagonistic to the American tradition of constitutional conservatism, which is why a number of unquestionably conservative scholars are challenging the administration’s actions in the courts. At the same time, its messianic quality, imbued with visions of future glory, breeds a fanaticism entirely alien to the British conservative tradition.

Trumpism breeds a fanaticism entirely alien to the British and Australian conservative tradition. Picture: AFP

Trumpism breeds a fanaticism alien to the British and Australian conservative tradition. AFP

It is entirely alien to the Australian conservative tradition too. Here the greatest difference lies in the fact the Australian political ethos has not seen the state as the enemy, much less as a malignant force. It has been regarded instead as a tool to be effectively used to benefit the people and help them flourish.

That difference from the US has profound historical roots. America’s initial European settlement occurred in the 1600s, a period distinguished in Britain by what became known as the “Old Corruption”. Government offices were chiefly sinecures, officially apportioned rackets for personal gain, propping up an oligarchy whose favours were openly for sale.

In contrast, European settlement in Australia and New Zealand began as sweeping reforms to Britain’s system of government were taking hold. For the first time it was becoming possible to treat the government as a utility, dispensing valued benefits, rather than as a lurking predator. Colonial governors’ administrations, while not without their own rackety aspects, were shaped by changes reducing royal patronage and improving government accountability. As Australian historian John Hirst argued, that laid the seeds of an enduring respect for impersonal authority, exercised, at least in theory, in the pursuit of prosperity and good order.

There were, for sure, periodic outbreaks of radical opposition. But the Australian approach was almost always to absorb the conflict by institutionalising its protagonists. Embedding the agitators within the system they were fighting against, that solution traded moderation for tangible gains.

For example, violent class war and mass strikes in the 1890s Depression culminated in the birth of the ALP as an official parliamentary party, changing laws and winning government. Later, the Arbitration Court became run largely by what had been the warring parties – the infamous “industrial relations club”, as columnist Gerard Henderson called it. In exchange for prestigious sinecures, the former enemies descended into what Hancock derided as a “pettifogging” legalism that suffocated the radicals.

Equally, landless gold-diggers demanded the squatters’ leases be ripped up, and stormed Victoria’s parliament in the 1850s. The Land Selection Acts in the subsequent decades established a regional population of often struggling farmers whose 20th-century political incarnation took the form of country parties.

Those parties not only secured “protection all round” in the 1920s, along with significant direct subsidies; they also ensured the establishment of marketing boards to which party worthies were invariably appointed. And much the same could be said of the Tariff Board, which shaped manufacturing protection for decades.

The corollary of that solution was a particular type of conservatism. Yes, in the early years of settlement there had been “real” conservatives of the Tory variety. But when self-government began, they were rudely jostled aside. Australian conservatism would not draw its strength from them.

It was instead the middle class that provided the dominating motifs of enduring Australian conservative strength. It isn’t difficult to understand why. The “workingman’s paradise” was a place where ordinary settlers and working men could get ahead, not rags-to-riches style, as the American dream pitched it, but enough to acquire comfort, leisure and independence.

Australian wages had been essentially the highest in the world since first settlement and the political victory of liberalism, which occurred during the 1850s gold rushes, ensured free markets and social mobility. To become an independent small business owner, to own your own home, to provide for your family, your children – this was the dream, and in Australia they by and large found it.

The conservatism that resulted from that success story incorporated the liberal beliefs and practices that proved so decisively triumphant in the colonial context. Historian Zachary Gorman observes that liberalism’s 19th-century victory in Australia was so comprehensive it became “less of a clear agenda and more of a pervasive political culture”. No longer conservatism’s upstart challenger as in Britain, liberalism here almost instantaneously became the established mainstream – it became what needed to be protected, as well as what conservatives sought to conserve.

Australian conservatism, then, sprang not out of reverence for the past or social hierarchy but from attachment to the enjoyments and freedoms of ordinary life that the most liberal polity in the world encouraged to flourish. It kept faith with ordinary experience and the socially durable values of an open society.

It soon came to shape the whole of the centre-right, underpinning both the twin liberal traditions of early 20th-century Australian life – the neo-Gladstonian free trade liberalism typified by NSW’s Henry Parkes, George Reid and Joseph Carruthers and the Deakenite liberalism protectionist Victoria championed.

More pragmatic and willing to innovate than, say, Britain’s Home Counties conservatism, Australian conservatism was dispositional rather than traditionalist – as a byproduct of urban, aspirational, middle-class Australia, generally inspired by the hope of improvement, it had no difficulty accommodating an uninterest in the past. The attachment to steady improvement was the important thing.

Robert Menzies’ pitch in his justly famous “Forgotten People” broadcast in 1942 captures this spirit perhaps better than any other significant Australian political testament. In it Menzies speaks directly to the attachment to the home and the family as the cornerstone of the “real life of the nation … in the homes of people who are nameless and unadvertised, and who … see in their children their greatest contribution to the immortality of their race”.

Accompanying that emphasis on home and family is a classically conservative sense of continuity.

“It’s only when we realise that we are a part of a great procession,” Menzies declared in laying the foundation stone of the National Library of Australia two months after he retired in March 1966, “that we’re not just here today and gone tomorrow, that we draw strength from the past and we may transmit some strength to the future.”

Across several decades of political leadership Menzies’ speeches pulsed with phrases that exemplified this disposition. His governments have been “sensible and honest”. He speaks “in realistic terms”, sustained “by an unshake­able belief in the good sense and honesty of our people”.

It was the constant undercurrent of hope and aspiration that gave Robert Menzies’ conservatism its distinctive flavour. Former PM Robert Menzies is pictured in 1941. Picture: Herald Sun

 Former PM Robert Menzies is pictured in 1941. Picture: Herald Sun

Yet this stress on continuity in Menzies’ rhetoric complemented rather than contradicted a commitment to what he referred to as “solid progress”. This country was a settler society built by successive waves of migrants; since its earliest days, its life had been saturated with optimism: Australia, said Menzies, was “our young and vigorous land”, still embarking on its glad, confident morning.

It was the constant undercurrent of hope and aspiration that gave Menzies’ conservatism its distinctive flavour, making it more explicitly geared to the confident expectation of future possibility than its European or American counterparts.

And it was precisely because it was so oriented to progress that the term conservative was generally avoided by the movement he forged, even as a conservative disposition bubbled along beneath its immediate surface, and was mirrored in electoral preferences of voters – not simply by voting right of centre but by giving governments a second term even if their first had been somewhat disappointing, and by regularly knocking back proposed constitutional changes.

However, those two elements – continuity and change – were uneasy bedfellows: continuity could, and eventually did, act as an obstacle to indispensable change.

The institutionalisation of conflict through entities such as the arbitration tribunals and the Tariff Board had, for decades, moderated conflict – but only at the price of inefficiencies that became ever more unsustainable as the world economy globalised in the 1970s and 80s. At that point, Australian conservatism entered into a prolonged crisis, torn between the deeply embedded value of caution and the equally strong value of adaptation.

It was easy to repeat Edmund Burke’s axiom that “A state without the means of some change, is without the means of its own conservation”; but effecting sweeping change without destroying the party’s unity was of an entirely different order of difficulty.

Nothing more clearly highlighted the dilemma than Liberal leader John Hewson’s Fightback – a call to arms that was as close as the movement ever came to a truly Thatcherite policy revolution. Its failure had many causes but one was the complete absence of the sense of continuity and stability that has always been dear to the Australian middle class.

It lacked, too, the high Gladstonian moral clarity that Margaret Thatcher articulated in her heroic campaign to reverse Britain’s slide to socialised mediocrity. In fact, Thatcher’s argument for the moral basis of capitalism had far more in common with Menzies’ creed of “lifters not leaners” than with Hewson’s “economic rationalism”.

Former British PM Margaret Thatcher addresses an election rally for Conservative Party leader William Hague in 2001. Picture: AP

Former British PM Margaret Thatcher2001. Picture: AP

What was needed was a new synthesis. As Menzies had, John Howard, the first Liberal leader to actively identify himself as a conservative, provided it.

Nigel Lawson, who served as the Thatcher government’s most consequential chancellor of the exchequer, once commented that whereas “Harold Macmillan had a contempt for the (Conservative) party, Alec Home tolerated it, and Ted Heath loathed it, Margaret (Thatcher) genuinely liked it. She felt a communion with it.” Exactly the same could be said about Howard: his scrupulous respect for his party’s traditional ethos helped him succeed for as long as he did.

That is not to deny that Howard at times pursued dramatic change – a GST, industrial relations reform, gun ownership – but the approach was rarely radical in style, much less revolutionary in tone. It is telling that the one reform that failed was Work Choices, which went furthest in dismantling existing institutions. And it is telling, too, that subsequent Coalition governments tinkered with the arrangements Labor put in its place rather than seeking their wholesale removal.

Now the synthesis Howard forged between conservation and change is yet again under extreme stress. So, too, are its electoral foundations, as the bases of politics undergo a profound transformation.

Because of Australian conservatism’s pragmatic nature, marshalling broad alliances against those forces and movements that endanger the foundations of the polity has always been its signature approach. Finding some common ground among its constituents, each of those alliances combined the shared opposition to an adversary with a positive program based on overlapping, if not entirely shared, values. The way Liberals, free-traders and protectionists alike rallied alongside Conservatives when threatened by a new common enemy, the ALP in the early 20th century, is a classic example.

John Howard pictured in 1996 after claiming victory for the Coalition. His scrupulous respect for his party’s traditional ethos helped him succeed for as long as he did. Picture: Michael Jones

John Howard pictured in 1996 after claiming victory for the Coalition. Picture: Michael Jones

However, the dominant force in contemporary politics is fragmentation: the centrifugal pressures that make coalitions hard to assemble but easy to destroy have become ever stronger as social media and identity politics shatter politics’ traditional alignments.

The centre-right is far from being immune from those tendencies, as the emergence of the teals shows. And they are compounded by the pressures of Trumpian populism, which is as hostile to the compromises coalition-building entails as it is to inherited institutions. The only coalitions Trumpism can forge are those that aggregate resentments: against the arrogance of the “progressives”, the abuses of power that occurred during the pandemic, the perception that common values are denigrated and despised.

To use a phrase American constitutional lawyer Greg Lukianoff and social psychologist Jonathan Haidt coined for the left, Trumpism’s dominant mode of action is “common-enemy politics”, with the adversary being the principal factor unifying its disparate parts. There are no shared values, nor any shared aspirations; the glue comes from shared hatreds.

But intransigent oppositionalism is no basis for a viable politics. Regardless of what Trump’s Australian acolytes believe, its transposition to this country would make for a future of repeated failure.

Rather, for a broader alliance to be possible again, a new synthesis is needed. Australia’s two greatest prime ministers, Menzies and Howard, suggest the way. Both exemplified a social conservatism that drew from the distinctively Australian emphasis on the conservative temperament over and above distinctive philosophical creed. Both forged a synthesis that combined an attachment to liberal principles with a commitment to large-scale changes needed to underwrite prolonged prosperity and progress.

Now, after the rout of last weekend’s election, that synthesis desperately needs to be redefined.

In the end, politics is about argument and arguments are about ideas. When politics seems so entirely bereft of them, Australian conservatives have no choice but to think again.

Henry Ergas is a columnist with The Australian. Alex McDermott is an independent historian.

The agony of Julian Assange

I walked, with other souls in pain,
Within another ring,
And was wondering if the man had done
A great or little thing,
When a voice behind me whispered low,
That fellow’s got to swing’.

Oscar Wilde, The Ballad of Reading Gaol

News is something somebody doesn’t want printed; all else is advertising
William Randolph Hearst, American newspaper publisher and politician

Julian Assange has served his time. He has effectively been deprived of his liberty for a decade and faces many more years in the US, a sentence that far exceeds a proportionate penalty. His continuing persecution brings only shame upon self-proclaimed paragons of “freedom” like the US, Britain and Australia.

In Hilary Mantel’s Wolf Hall sequel, Bring Up The Bodies, Thomas Cromwell’s son questions his father after the trials of Queen Anne and her alleged lovers: When Gregory says, ‘Are they guilty?’ he means, ‘Did they do it?’ But when Thomas says, ‘Are they guilty?’ he means, ‘Did the court find them so?’ The lawyer’s world is entire unto itself, the human pared away.” The law, sadly, is about justice and retribution”.

Imprisoning journalists as spies and traitors has always been the norm in authoritarian countries, such as Saudi Arabia, Turkey and Egypt, while denouncing the free press as unpatriotic is a more recent hallmark of nationalist populist governments that have taken power all over the world. The US, perennially claiming the high moral ground with regard to freedom of the press, and of human rights generally, rarely raises its voice in condemnation and rarer still in anger its “friendly” autocrats. But plotting to take down Julian Assange mere years after condemning (though yet again, not punishing) the kidnap and murder of Saudi journalist and dissident Adnan Khashoggi takes its perfidy to astral heights.

Author’s note

This opinion piece was first published five years ago and has been updated as events unfolded over time. After having been held without charge in a British high security prison for five years as multiple appeals against his extradition to the United States on multiple espionage charges played out, he was finally released in June 2024 after agreeing to a plea bargain which saw him plead guilty to one charge of espionage. He is now back on Australian soil whilst supporters and detractors in Australia, Britain and the US continue to argue over  his role in the torturous Wikileaks saga. He was, is and will doubtless continue to be a polarising figure.  As commentator David Crowe wrote in the Sydney Morning Herald on 28th June 2024:

”Assange will remain a hero to some and a villain to others, but it is better to see him as neither. The WikiLeaks founder is a publisher who will release any leaks he can find about how the world really works. We do not know if he will continue this work, but it could make him a cyclonic force in Australian politics and media now he has come home … He is, after all, someone the political class cannot control. Assange wants information to be free. Few politicians are likely to agree”.

The Road to Belmarsh Gaol

Julian Assange, the Australian co-founder of online media organization WikiLeaks is in deep shit. He’s pissed off the Yanks, frustrated the Poms, and angered his Ecuadorian hosts, and now the Swedes want to have another bash …

He was arrested on April 11th 2019 by British police at the Ecuadorian Embassy in London, where he had been claiming political asylum for almost seven years having lost a final appeal against his extradition to Sweden to face charges of sexual assault. He was then charged with failing to surrender to the court.

While in the embassy, Assange could not be arrested because of the international legal protection of diplomatic premises, which meant police could not enter without Ecuador’s consent. On April 11, British police were invited into the embassy and made the arrest. On the same day, Assange was found guilty on that charge of failing to surrender, sentenced to fifty weeks for jumping bail. and is serving his time at HM Prison Belmarsh.

The United States government unsealed an indictment made in March 2018 charging Julian Assange with a conspiracy to help whistle-blower Chelsea Manning, former soldier and pardoned felon to crack a password which enabled her to pass on classified documents that were then published by WikiLeaks – in effect, conspiracy to hack US computer systems, a charge which carries a maximum five year sentence. The US has requested that the UK extradite Assange to face these charges before a US court. Assange has now been indicted on seventeen charges under the espionage act, which if proven, could mean life imprisonment. There is no guarantee that once he enters the the legal system he will ever re-emerge.

In 2010, a Swedish prosecutor requested Assange’s transfer to Sweden to face sexual assault allegations, which he denies. Whilst appealing a British High Court decision to extradite him, he spent eighteen months under house arrest at the home of a supporter (in effect, he has been incarcerated for almost a decade). In 2016, Assange was questioned by Swedish authorities by video link while he remained in the Ecuadorian embassy. In 2017, they closed the case against him, but after his arrest, the lawyer for one of the Swedish complainants indicated she’d ask the prosecutor to reopen the case. Sweden’s Prosecution Authority reviewed the case and renewed its request for extradition; but in November 2019, it dropped the matter citing a lack of substantive evidence.

But the British Home Secretary Sajid Javid has signed off on the US’ extradition request. It must now go through the British courts. The process could take years, well beyond Assange’s initial   fifty weeks incarceration, the court’s refusal to free him when it had expired – on the grounds that he was a flight risk (he has form, after all) – and the formal expedition hearing which open in February 2020.

Stay angry, get even

The current US administration cleaves to the maxim “stay angry and get even” – Uncle Sam neither forgets nor forgives. Just wait and see what happens if it can get its hands on exiled hacker and   Now Russian resident Edward Snowden. The British Government, relieved to have restored a corner of Knightsbridge to its sovereignty, and currently knee deep in the Brexit “Big Muddy”, probably won’t lift a finger to help him even though by any standard of much-vaunted British ‘fair play’, his self-imposed punishment hardly fits his alleged crimes, an by any liberal and democratic benchmark, he’s certainly served his time. Former Aussie prime minister Kevin Rudd has declared that  Julian Assange would pay an “unacceptable” and “disproportionate” price if he is extradited to the United States, that no actual harm to individuals has been demonstrated, whilst the WikiLeaks founder should not take the fall for Washington’s failures to secure its own classified documents.

Our leaders here in Australia, lost in our own short-term political preoccupations bleat from the distant sidelines that it’s not our problem – which politically and diplomatically speaking, it isn’t, other than the fact that he is an Australian citizen (albeit a longtime absentee) and therefore warrants consular assistance. Simplistically put, there are no votes in it.

Will our government now help him out? Demand his return to Australia? Oppose the calls from the US to extradite him from the UK?

Our tepid and tardy response to the detention in Thailand of footballer Hakeem al-Araibi on a dodgey Bahraini extradition order and the asylum plea of Saudi teen Rahaf Mohammad – ironically, again from Thailand – does not auger well for a resolute and reasonable response. The way we left erstwhile al Qaida fellow-travelers David Hicks and Mamduh Habib to rot in Gitmo, and the  lack of enthusiasm with which we took up journalist Peter Greste’s case in Egypt – his family and journalists worldwide maintained the struggle for his release – suggest that after what we call “diplomatic representations” (what ordinary folk call “going through the motions”), we will face political realities and bend to the US’ will.

Caught up between our subservient relationship with the US, our slavish pandering to economic and strategic interests, placing these above considerations of human rights, and our government’s susceptibility to the malign influence of shock-jocks and populist politicians, Australia’s official behaviour in such cases is often predictably and reflexively disingenuous.

Nowadays, most governments are desperate to stop leaks, data dumps, whistle-blowers and uncomfortable revelations. Democratic governments have attempted to use ostensibly benign legal and security powers to restrict media oversight and criticism. Witness here in Australian how the Victorian Director of Prosecutions is seeking to put thirty-six media outlets, editors and journalists on trial over allegations that they breached a suppression order in reports published after the prominent and well-connected Cardinal George Pell was convicted of child sex abuse charges. The powerful look after their own.

Less squeamish, more thuggish autocratic regimes have few qualms about consigning journalists and editors to jail and worse whilst their western allies and armourers ‘see no, hear no, speak no evil’. Narrow, national interests as ever trump (an apposite word, indeed) human rights. Witness the hundreds of Egyptian and Turkish journalists jailed without trial, the harassment and even killing of reporters in Eastern Europe and Russia, and, of course, the gruesome murder of Saudi scribbler and stirrer Jamal Khashoggi.

The US, the land of the free and the First Amendment has truly shown its hand, and its true colours, proving that Assange’s fears of extradition were quite justified. The UK, meanwhile, has long ached to nail him for contempt of its bail laws, and just plain contempt, really – and a seriously extravagant waste of already straitened police resources. When Assange had worn out his Ecuadorian welcome, lubricated, it is alleged (by WikiLeaks), a $4.2 billion IMF bailout plus another $6 billion from other financial institutions, the Met was ready to roll. Meanwhile, Australia’s political class, having long regarded his Australian nationality as an embarrassing inconvenience, just hoped that we could be left out of it all.

Rally ‘round the fall guy

The media, mainstream, extreme, any stream really, including social media and sundry supporters and detractors, are rushing to both praise Assange and to bury him. They defend and demonstrate, denounce and demean. So Julian Assange, simultaneously icon and bête noir, is the ideal fall-guy “pour decourager les autres”: for everyone on the left and the right who dig him, there’s another who can’t stand him for reasons political, personal, or perverse.

There’s the role he played in the demise of Hilary Clinton and election of Donald Trump, as if, some believe, he was hoping for some kind of “get out of jail free” card from a Trump administration. There’s his hanging out, in a confined space, with the likes of UKIP’s irritating and arguably obnoxious Nigel Farage. All this has forever tarnished his reputation as a warrior of the left. There’s those problematical charges in Sweden that we now learn have never gone away.

During the Australian Federal election before last, the party running his senate bid in absentia gave its preferences to right-wing libertarian nut-jobs ahead of Labor and the Greens, his erstwhile natural allies – and then put it all down to clerical error.

Sadly, stories about his tantrums, visits by Yoko Ono, Lady Gaga and onetime Baywatch hottie Pamela Anderson (nudge, nudge, wink, wink!) and neglecting to clean up after his cat – lurid tales of his hygiene habits appear have been concocted to dehumanize him in tabloid tittle-tat – have rendered him an object of ridicule. And the images of him being dragged out of the embassy, pale and blinking in the unforgiving daylight, grey-haired, bearded, wide-eyed and disheveled, like some mad old street person, have engendered pathos and pity.

There can be little doubt that his mental and physical health deteriorated during his confinement. For sure he is not the confident man who entered the embassy so many years ago; but the law doesn’t recognise this – it demands a reckoning. And many love to kick a man when he’s down.

In the end, Assange was in so many ways his own worst enemy. It is hypothesized that he could’ve surrendered to the Brits long time passing and took his chances at law instead of hiding, a much diminished figure, in the embassy of a small Latin American republic. The sad irony is that if he’d faced the music all those years ago, he might’ve been a free man by now, either having done his time or been exonerated, or else, a credible and respected political prisoner supported worldwide as a champion of press freedom and free speech.

Lights in dark corners

Amidst all the commentary and partisanship swirling about the Assange’s unfortunate circumstances, there has been remarkably little explanation of what he, Manning, WikiLeaks and Snowden have actually done in a substantive security sense. Robert Fisk and his colleague at The Independent, Patrick Cockburn, address just that.
Fisk wrote on 31st May:  “ … the last few days have convinced me that there is something far more obvious about the incarceration of Assange and the re-jailing of Manning. And it has nothing to do with betrayal or treachery or any supposed catastrophic damage to our security”.
Cockburn succinctly belled the cat with on the same day: “ … the real purpose of state secrecy is to enable governments to establish their own self-interested and often mendacious version of the truth by the careful selection of “facts” to be passed on to the public. They feel enraged by any revelation of what they really know, or by any alternative source of information. Such threats to their control of the news agenda must be suppressed where possible and, where not, those responsible must be pursued and punished.”
Fisk continues: “The worst of this material was secret not because it accidentally slipped into a military administration file marked “confidential” or “for your eyes only”, but because it represented the cover-up of state crime on a massive scale. Those responsible for these atrocities should now be on trial, extradited from wherever they are hiding and imprisoned for their crimes against humanity. But no, we are going to punish the leakers – however pathetic we may regard their motives … Far better we hunt down other truths, equally frightening for authority. Why not find out, for example, what Mike Pompeo said in private to Mohammed bin Salman? What toxic promises Donald Trump may have made to Netanyahu? What relations the US still secretly maintains with Iran, why it has even kept up important contact – desultory, silently and covertly – with elements of the Syrian regime?
Assange was not, in Fisk’s opinion an investigative journalist; he is nevertheless, a scapegoat, and also a salutary warning for all who shine a light into the dark corners of power: “… what we find out through the old conventional journalism of foot-slogging, of history via deep throats or trusted contacts, is going to reveal – if we do our job – just the same vile mendacity of our masters that has led to the clamour of hatred towards Assange and Manning and, indeed, Edward Snowden. We’re not going to be arraigned because the prosecution of these three set a dangerous legal precedent. But we’ll be persecuted for the same reasons: because what we shall disclose will inevitably prove that our governments and those of our allies commit war crimes; and those responsible for these iniquities will try to make us pay for such indiscretion with a life behind bars. Shame and the fear of accountability for what has been done by our “security” authorities, not the law-breaking of leakers, is what this is all about”.

Back to Cockburn who writes that one reason Assange was being persecuted was for WikiLeaks’ revelations about US policy in Yemen: “Revealing important information about the Yemen war – in which at least 70,000 people have been killed – is the reason why the US government is persecuting both Assange and Yemeni journalist Maas al Zikry … (who) says that “one of the key reasons why this land is so impoverished in that tragic condition it has reached today is the US administration’s mass punishment of Yemen”. This is demonstrably true, but doubtless somebody in Washington considers it a secret.”

A nice dilemma

WikiLeaks and Julian Assange has done the world many favours. They’ve exposed war crimes in Iraq, Afghanistan and elsewhere; they’ve shine an unwelcome light on wrongdoing, shabby deals, and hypocritical, incriminating and ofttimes embarrassing goings-on in the corridors of power and diplomacy worldwide. And they’ve passed all this on to reputable media sources throughout the so-called free world to sift, analyse, question, join disparate dots, and disseminate.

Yet, in what may seem in retrospect to be a bad dose of overconfidence and hubris, they aspired to be players in the power games of others rather than remaining a neutral and discerning watchdog. And this was perhaps Assange’s undoing – if undone he indeed becomes. This story has some distance to run …

His faithfully longtime lawyer Jen Robinson declared that his arrest, after seven years of self-imposed internal exile, has “set a dangerous precedent for all media and journalists in Europe and around the world”. His extradition to the US, she said, meant that any journalist could face charges for “publishing truthful information about the United States”. She might have added “published outside the US”, Indeed, US revanchism is a chilling demonstration of imperial overreach and a grim warning to others.

And yet, much of the legal argy-bargy around the charges Assange is likely to face in the US hinge on the question of whether he is actually a journalist and whether WikiLeaks is actually a news organization. He and his supporters have long portrayed him as a champion of a free press, but some experts believe that the US Department of Justice’s decision to charge him with conspiring to hack government computers limits his ability to mount a vigorous free speech defense. Assange has long said WikiLeaks is a journalistic endeavour protected by freedom of the press laws, and in 2017, a UK tribunal recognized WikiLeaks as a “media organisation”.

Political prisoner, maybe, whistle-blower, certainly, but “not a prisoner of conscience”, at least by Amnesty International’s definition. Compared to many prisoners on Amnesty’s books, innocents and activists banged up by oppressive regimes, Assange has been pretty well treated. The consistent reference in many media reports to a potential death sentence in the US is egregious insofar as the UK will not allow extradition if a death sentence is on the cards. Many would also dispute the tag “investigative journalist” that some have bestowed upon him, seeing as he and Chelsea Manning released classified US and other information. They did not ferret it out, sift it and analyse it for publication as investigative journalists generally do. As for making Assange a “working class hero”, as some on the far-left have done, that is drawing a long bow. Friends and foes alike are now dancing around these distinctions.

In a concise recent article in The Sydney Morning Herald, Peter Greste, who got to know very well the inside of a squalid Egyptian prison cell and the Egypt’s kafkaesqe judicial system for allegedly publishing what a government didn’t like, makes a few points that Jennifer, her colleague, the eloquent and famous Geoffrey Robertson, and others have skated lightly over:

“Julian Assange is not a journalist, and WikiLeaks is not a news organisation. There is an argument to be had about the libertarian ideal of radical transparency that underpins its ethos, but that is a separate issue altogether from press freedom … Journalism demands more than simply acquiring confidential information and releasing it unfiltered onto the internet for punters to sort through. It comes with responsibility. To effectively fulfill the role of journalism in a democracy, there is an obligation to seek out what is genuinely in the public interest and a responsibility to remove anything that may compromise the privacy of individuals not directly involved in a story or that might put them at risk. Journalism also requires detailed context and analysis to explain why the information is important, and what it all means”.

Greste nevertheless sounds a warning. On the eve of the first extradition hearing on January 25th 2020, in an opinion piece in the SMH, he wrote of how the Obama administration   “realized that if they prosecuted him, they would then have to prosecute the New York Times, the Washington Post, the Guardian and others for also publishing much of Wikileaks’ material, and in the process do irreparable harm to the constitutional guarantees for press freedom. It is clear that under Trump, Assange is highly unlikely to have his rights respected or get a fair trial, and those, too, are grounds to oppose his extradition. The manner in which US prosecutors are handling his case, and its implications for anybody who believes in democratic accountability, are too serious to let Assange be extradited without a fight”.

Other Australian are not as hostile to Assange as Peter Greste, as a recent article  by Amanda Horton in the Sydney Morning Herald observes, concluding with the not quite rhetorical question of what would Australia do if he was serendipitously returned to our distant shore:

“The Australian government certainly appears singularly unmoved by Julian Assange … Prime Minister Scott Morrison has said the legal processes must “run their course” and Assange should “face the music”. The government position appears to be that f the US wants to extradite him, and extradition proceedings are underway, Australia can’t intervene even if it wanted to … This is total nonsense, says everyone with experience: diplomacy is all about pulling levers behind the scenes … The problem, say sources in government, is that Australia may be reluctant to expend political capital on behalf of Assange … Australia may also be too afraid – “too craven”, according to one – to test its standing with the US; and there may be a sense that the US has gone too far to back down, so a request to do so would be both embarrassing and useless. The US-Australia relationship may be further tested if, eventually, the UK refuses extradition and deports Assange back to Australia. It appears that the US might then be able to request his extradition directly from us. What will we do then?”

Meanwhile people continue to argue over whether Assange is a hero or a ratbag – our ratbag as an equally ratbag conservative Australian member of parliament called him – demanding,  surprisingly that he be brought home).  They debate whether he is a legitimate journalist, publisher, troublemaker or whistleblower, a Trumpista or Putinesca. But sycophantic and pusillanimous politicians aside, most informed people of goodwill believe that there isn’t a case to answer and that he should be repatriated to Australia. It will be interesting to see where Jen Robinson’s last minute (February 2020) witness statement about Trump’s offer of pardon will go, and indeed, what the British Court will decide. One thing’s for sure: The Powers That Be will continue to play dirty.

 

© Paul Hemphill 2019.  All rights reserved


Yes, Julian is in deep shit. But, you animal lovers and sharers of kitty pics out there in the twitterverse and Facebook world, his cat and companion Michi has gone to a good home …

Read more about politics in In That Howling Infinite here: A Political World – Thoughts and Themes