Skip to main content

The latest charges against Julian Assange are an assault on Press Freedom

by Brian Barrett

On Thursday, the Department of Justice unsealed new charges against WikiLeaks founder Julian Assange. Unlike the previous indictment—which focused narrowly on an apparent offer to help crack a password—the 17 superseding counts focus instead on alleged violations of the Espionage Act. In doing so, the DOJ has aimed a battering ram at the freedom of the press, whether you think Assange is a journalist or not.

The indictment, which you can read in full below, alleges that Assange published classified information over a dozen times, an act expressly forbidden by the Espionage Act, which Congress first passed in 1917. But the Espionage Act has only rarely, and never successfully, been applied to the recipient of a leak. For the first time in the history of our country, the government has brought criminal charges against a publisher for the publication of truthful information,” says Ben Wizner, director of the American Civil Liberties Union’s Speech, Privacy, and Technology Project. “This is an extraordinary escalation of the Trump administration's attacks on journalism, and a direct assault on the First Amendment.

The Trump administration’s position that the Espionage Act should apply here would have immediate and broadly-felt repercussions far beyond WikiLeaks. Because however you personally care to classify Assange, the acts at the heart of this latest indictment mirror those made by journalists every day. They’re the reason US citizens know about PRISM, and the Pentagon Papers, and any number of other revelations around abuses of power and governmental impropriety.

The people leaking it are obviously violating their secrecy agreement and breaking the law, but as long as the journalist doesn’t pay the leaker, or help them hack passwords, this is what investigative journalists in the national security community do on a day-to-day basis,” says Bradley Moss, an attorney at Mark Zaid PC who focuses on national security and intelligence issues. If they can bring this charge and convict Assange on it, they can bring it against anyone.

That’s in part because the Espionage Act doesn’t carve out any exemptions for journalists; that protection has come from the First Amendment, and from a recognition among previous administrations that prosecuting publishers of leaks would set a dangerous precedent. In fact, Thursday’s charges deal specifically with incidents that occurred in 2009 and 2010, during the Obama administration. The attorney general at the time, Eric Holder, passed on these same charges for specifically that reason.

It was absolutely looked at, and the department ultimately made the decision that it wasn’t appropriate to charge Assange for publishing classified information,” says former Obama DOJ spokesperson Matthew Miller. “Not because he’s a journalist—we didn’t believe he was—but that the same legal theories you would apply to him could be used against a reporter for any major media outlet. That was the driving force.

John Demers, who leads the Justice Department’s National Security Division, attempted to draw a distinction between Assange and traditional media outlets to reporters Thursday. “Some say that Assange is a journalist, and that he should be immune from prosecution for these actions. The department takes serious the role of journalists in our democracy,” Demers said. “It is not and has never been the department’s policy to target them for reporting. But Julian Assange is no journalist.

Unfortunately, that distinction doesn’t matter in the eyes of the Espionage Act. A successful prosecution of Assange would establish a precedent that publishing sensitive national security materials is a crime, full stop. From there, the Trump administration—and whoever follows—would be emboldened to prosecute similar journalistic acts. Not only that; they’d get to decide who counts as a journalist in the first place.

If the court concludes that the Espionage Act can apply even to people who are invoking First Amendment protections, that gives DOJ all kinds of leverage going forward,” says Moss, and a precedent in which they get to decide who is and is not a journalist for the purposes of criminal liability.

The Justice Department also wouldn’t embark on a case like this unless it was prepared to argue it all the way to the Supreme Court, says Miller. “You’re using the law in a way that it’s never been used before,” he says, noting that the conservative-leaning makeup of the current Supreme Court may have emboldened DOJ to act.

President Trump himself has frequently castigated the press as the “enemy of the people,” and expressed a specific disdain for leaks. But whether or not you read the Assange charges as an end-around to erode the First Amendment, or take Demers’ word that it’s a targeted strike against a longtime agitator, is moot. The end result of a successful conviction will be the same: Journalists at risk of jail time, subject to the whims of an adversarial Justice Department.

Put simply, these unprecedented charges against Julian Assange and WikiLeaks are the most significant and terrifying threat to the First Amendment in the 21st century, Trevor Timm, cofounder of the Freedom of the Press Foundation, said in a statement. “The ability of the press to publish facts the government would prefer remain secret is both critical to an informed public and a fundamental right. This decision by the Justice Department is a massive and unprecedented escalation in Trump’s war on journalism, and it’s no exaggeration to say the First Amendment itself is at risk.

Bringing charges against Assange for alleged hacking at least made sense. Journalists would expect to be—and have been—prosecuted for similar. But the blast radius of an Espionage Act conviction against Assange would include every working national security journalist. Surely the Justice Department is aware of those implications. And that’s what makes its decision to go forward with the charges all the more unnerving.

Source, links, further info:



Comments

Popular posts from this blog

Oct. 7 Reports Implode: Beheaded Babies, NY Times Scandal, & More

Glenn Greenwald    

Israel’s Descent Into Madness & the Holocaust Comparison

BreakThrough News   Rania Khalek was joined by Tarik Cyril Amar, a historian from Germany and associate professor at Koc University in Istanbul, to discuss Israel’s descent into genocidal fascism. Prof. Amar addresses whether it’s useful to make Holocaust and Nazi comparisons and the real reason behind the West’s unshakeable loyalty attitude when it comes to Israel’s barbarism.   

Zionist and US imperialist criminals are about to grab the natural gas off shore Gaza

globinfo freexchange   As the genocide against Palestinians of Gaza is about to be completed with an act of unprecedented brutality by the Zionists and butcher Netanyahu through the bombardment of about 1.4 million civilians in Rafah, it seems that they have already set their next primary goal. Which, in short, is to grab the natural gas resources off shore Gaza, together with their US imperialist buddies whose contribution to the genocide has been undoubtedly critical.     As already reported , in 2007, Hamas came to power and Israel launched an offensive on Gaza Strip, leaving behind 1,400 dead Palestinians, but taking with it the gas fields. Within a year, Israel announced the discovery of the Leviathan natural gas field, which did include Gaza's riches, valued at 453 billion dollars. But Gazans have been denied around 47 billion dollars in revenue. As for Tel Aviv, it's gunning to become a new hub. At that moment in time, that is 2022, Russian oil and gas were sanctioned.

Neocon Queen Victoria Nuland Ends Her Reign: Exposing a Catastrophic Career

Glenn Greenwald    

Τυχαία γεγονότα στην τριτοκοσμική μπανανία των Βαλκανίων

failed evolution   1) Συμβαίνει το μεγαλύτερο σιδηροδρομικό δυστύχημα στην ιστορία της χώρας. 2) Γίνεται αστραπιαία επιχείρηση μοντάζ των συνομιλιών του σταθμάρχη από μηχανισμό του καθεστώτος, πριν ακόμα φτάσει στα χέρια των αρχών, προκειμένου να αποδοθεί η τραγωδία αποκλειστικά σε ανθρώπινο λάθος και να βγουν από το κάδρο οι πολιτικές ευθύνες ανώτατων κυβερνητικών αξιωματούχων. 3) Αναπαράγεται το παραποιημένο υλικό αστραπιαία από ναυαρχίδα της καθεστωτικής προπαγάνδας. 4) Τοποθετείται επικεφαλής στην επιτροπή-παρωδία πρωτοπαλίκαρο του καθεστώτος Μητσοτάκη που εργάζονταν παλιά στην ίδια αυτή ναυαρχίδα. 5) Η επιτροπή κλείνει άρον-άρον την υπόθεση αποκλείοντας ουσιώδεις μάρτυρες που είχαν προειδοποιήσει επανειλημμένα τον αρμόδιο υπουργό για τον κίνδυνο μεγάλου δυστυχήματος. Σταματάει έτσι και η όποια σε βάθος διερεύνηση για την τσιμεντοποίηση του χώρου και την απόπειρα συγκάλυψης της τραγωδίας.  

Το σκάσιμο της φούσκας Μητσοτάκη με νέα επίσημη χρεοκοπία και οριστικό τέλος της μεταπολίτευσης

του system failure   Τα αποτελέσματα των εκλογών της 25ης Ιουνίου ήταν λίγο-πολύ αναμενόμενα όσον αφορά τις πρώτες θέσεις με βάση και τα αποτελέσματα της πρώτης κάλπης του Μαίου. Αν συμπεριλάβουμε και το ποσοστό της αναμενόμενης αποχής, δεν μας έδωσαν κάποια ιδιαίτερη έκπληξη. Αυτό όμως που φαίνεται να αιφνιδίασε ακόμα και το συστημικό κατεστημένο, είναι η είσοδος των δύο υπερσυντηρητικών, ακροδεξιών κομμάτων Νίκη και Σπαρτιάτες, με το τελευταίο να έχει ξεκάθαρες διασυνδέσεις με τον πρώην Χρυσαυγίτη, Ηλία Κασιδιάρη. Παρά τη μεγάλη νίκη Μητσοτάκη, οι μιντιακοί ινστρούχτορες της καθεστωτικής προπαγάνδας εμφανίστηκαν σε γενικές γραμμές "μουδιασμένοι" και αυτό οφείλεται στο γεγονός ότι το συστημικό κατεστημένο (δηλαδή τα μεγάλα οικονομικά συμφέροντα που ελέγχουν και το σύνολο των μεγάλων ΜΜΕ πανελλαδικής εμβέλειας), πέτυχε μόνο έναν από τους τέσσερις μεγάλους στόχους που είχε θέσει εξ'αρχής. Μιλώντας με ποδοσφαιρικούς όρους, ουσιαστικά έχασε με σκορ 3-1.   Ο μεγάλος στόχος πο

The Shadowy, Intelligence-Linked Group Driving the US Towards War With Iran

"United Against Nuclear Iran does not miss an opportunity to try to bring the United States closer to a military conflict with Iran. And on the other side of the equation, they also have worked very hard to oppose efforts to de-escalate the U.S.-Iran relationship."   by Alan Macleod   Part 7 - A Lesson From History   The history of Iran has been intimately intertwined with the United States since at least 1953 when Washington orchestrated a successful coup against Prime Minister Mohammad Mosaddegh. Mosaddegh had refused U.S. demands to stamp out Communist influences in his country and had nationalized the nation’s oil. The U.S. installed Shah Mohammad Reza Pahlavi as a puppet ruler. An unpopular and authoritarian ruler, the Shah was overthrown in the Revolution of 1979. Since then, it has become a target for regime change, and its nuclear program is something of an obsession in the West. Often orchestrated by UANI officials while they were in government, the U.S. has carried

How the CIA oversees the Ukraine proxy war on Russia

Geopolitical Economy Report   Several reports in mainstream US media outlets show how the CIA has helped to direct the proxy war against Russia in Ukraine, and played a role in causing the conflict in the first place. Ben Norton examines the evidence.   Related: Confirmed: US imperialists wanted to drag Russia into a war with Ukraine since at least 2019

Israel Carries Out Most Sadistic Massacre, Opens Fire On Gaza Aid Convoy

Richard Medhurst  

The Invasion of Gaza's Resources Begins: Jared Kushner, the EU, Egypt & US

Richard Medhurst   Jared Kushner, Donald Trump's son in law who previously tried to steal land in the Middle East from Arabs has said that Israel should empty the Gaza strip of civilians. He said that " Gaza's waterfront property could be very valuable ". He then proceeded to suggest ethnic cleansing: " move the people out and clean it [Gaza] up " Simultaneously, the transfer of billions of dollars from the European Union (7.4b EUR), the International Monetery Fund ($8b) and the United Arab Emirates ($32b) to Egypt: an attempt to buy Sisi's silence perhaps? The United States is also shipping 1000 troops and a firm "Fogbow", owned by a former CIA officer and USMC veteran, in order to build a pier in Gaza. These events do not seem like a coincidence. Medhurst explains why this relates to theft of gas and building of a canal in Gaza.   Related: Zionist and US imperialist criminals are about to grab the natural gas off shore Gaza