On Tuesday in court, prosecutors took care to speak only of assumptions, refusing to recognize if the founder of WikiLeaks had been charged, while urging however Judge Leonie Brinkema, US District Judge, to reject the request of cancellation because the government has not publicly acknowledged that it is under federal investigation.
Brinkema stated that under normal circumstances, there would be no doubt that the public would have the right to see a complaint, but stressed that this right can only be acquired when charges have been laid publicly and that complaints "based on "Reasons" were not loosened earlier – highlighting the fact that before that time, a suspect could possibly destroy evidence or escape an arrest.
Katie Townsend, a lawyer from the Rapporteurs' Committee, asked for additional time to find cases in which such a sealed unsealing application had been accepted prior to arrest, which the judge granted. The government will then have the opportunity to respond as well. Any decision of Brinkema could take several weeks.
Barry J. Pollack, one of Assange's lawyers, did not appear in court on Tuesday, but told reporters that his client was supporting the rapporteurs' committee's motion to unveil the charges. .