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Opinion from a Libertarian ViewPoint

Posts Tagged ‘indictment’

The Indictment of Assange Is a Blueprint for Making Journalists Into Felons | Common Dreams Views

Posted by M. C. on May 29, 2019

https://www.commondreams.org/views/2019/05/28/indictment-assange-blueprint-making-journalists-felons

The U.S. government on Thursday unveiled an 18-count indictment against WikiLeaks founder Julian Assange, charging him under the 1917 Espionage Act for his role in the 2010 publication of a trove of secret documents relating to the Iraq and Afghanistan wars and diplomatic communications regarding dozens of nations. So extreme and unprecedented are the indictment’s legal theories and likely consequences that it shocked and alarmed even many of Assange’s most virulent critics.

The new indictment against Assange bears no relationship to WikiLeaks’ publication of Democratic Party and Clinton campaign documents or any of its other activities during the 2016 presidential campaign. Instead, it covers only publication of a massive archive of classified U.S. government documents that revealed a multitude of previously unknown, highly significant information about wars, government and corporate corruption, and official deceit. WikiLeaks, in 2010, published those materials in partnership with some of the largest media outlets in the world, including the New York Times, the Guardian, Der Spiegel, Le Monde and El Pais, outlets that published many of the same secret documents that form the basis of the criminal case against Assange.

With these new charges, the Trump administration is aggressively and explicitly seeking to obliterate the last reliable buffer protecting journalism in the United States from being criminalized, a step that no previous administration, no matter how hostile to journalistic freedom, was willing to take. The U.S. government has been eager to prosecute Assange since the 2010 leaks. Until now, though, officials had refrained because they concluded it was impossible to distinguish WikiLeaks’ actions from the typical business of mainstream media outlets. Indicting Assange for the act of publishing would thus make journalism a felony. By charging Assange under the Espionage Act, the Trump administration proved that the asylum Assange obtained from Ecuador in 2012 — offered in the name of protecting him from persecution by the United States for publishing newsworthy documents — was necessary and justified.

The argument offered by both the Trump administration and by some members of the self-styled “resistance” to Trump is, ironically, the same: that Assange isn’t a journalist at all and thus deserves no free press protections. But this claim overlooks the indictment’s real danger and, worse, displays a wholesale ignorance of the First Amendment. Press freedoms belong to everyone, not to a select, privileged group of citizens called “journalists.” Empowering prosecutors to decide who does or doesn’t deserve press protections would restrict “freedom of the press” to a small, cloistered priesthood of privileged citizens designated by the government as “journalists.” The First Amendment was written to avoid precisely that danger.

Most critically, the U.S. government has now issued a legal document that formally declares that collaborating with government sources to receive and publish classified documents is no longer regarded by the Justice Department as journalism protected by the First Amendment, but rather as the felony of espionage, one that can send reporters and their editors to prison for decades. It thus represents, by far, the greatest threat to press freedom in the Trump era, if not the last several decades…

When governments seek to eliminate core civic liberties, a common tactic is to begin by targeting a figure who is deeply marginalized and unpopular, with the hope that personal animosity toward him will lead people to cheer his punishment rather than oppose such efforts due to the dangerous precedent it is designed to create. But supporting a dangerous precedent because of contempt for the initial target is the ultimate act of irrationality: Once the precedent is legally consecrated, the ability to oppose its subsequent application to more popular figures disappears.

Assange has few allies left in the United States. The 2010 leaks that exposed war crimes by the Bush administration and the War on Terror generally made him a hero among many leftists, but the enemy of Republicans and hawkish Democrats alike. His remaining support among U.S. liberals subsequently disappeared, and was replaced by seething contempt, when his 2016 leaks revealed corruption at the DNC and harmed Hillary Clinton’s campaign.

The Trump administration has undoubtedly calculated that Assange’s uniquely unpopular status across the political spectrum makes him the ideal test case for creating a precedent that criminalizes the defining attributes of investigative journalism. Now every journalist and every citizen must decide whether their personal animus toward Assange is more important than preserving press freedom in the United States.

Be seeing you

mbird

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How You Can Be Certain That The US Charge Against Assange Is Fraudulent – Caitlin Johnstone

Posted by M. C. on April 13, 2019

https://caitlinjohnstone.com/2019/04/12/how-you-can-be-certain-that-the-us-charge-against-assange-is-fraudulent/

Julian Assange sits in a jail cell today after being betrayed by the Ecuadorian government and his home country of Australia. A British judge named Michael Snow has found the WikiLeaks founder guilty of violating bail conditions, inserting himself into the annals of history by labeling Assange “a narcissist who cannot get beyond his own selfish interest.” So that tells you how much of a fair and impartial legal proceeding we can expect to see from the British judicial process on this matter.

But the real reason that Assange has been surrendered by the Ecuadorian government, imprisoned by the British government, and ignored by the Australian government is not directly related to any of those governments, but to that of the United States of America. An unsealed indictment from the Trump administration’s District Court for the Eastern District of Virginia, accompanied by an extradition request, charges Assange with “conspiracy to commit computer intrusion for agreeing to break a password to a classified U.S. government computer” during Chelsea Manning’s 2010 leak of government documents exposing US war crimes.

This charge is premised on a fraudulent and manipulative distortion of reality, and you may be one hundred percent certain of it. Let me explain.

You can be absolutely certain that this charge is bogus because it isn’t based on any new information. The facts of the case have not changed, the information hasn’t changed, only the narrative has changed. In 2010 the United States opened a secret grand jury in Virginia to investigate whether Assange and WikiLeaks could be prosecuted for the publication of the Manning leaks, and then-Attorney General Eric Holder announced that the Obama administration was conducting “an active, ongoing criminal investigation” into the matter. The Trump administration has not turned up any new evidence that the Obama administration was unable to find in this active, ongoing criminal investigation (US government surveillance has surely acquired some new tricks since 2010, but time travel isn’t one of them), and indeed it does not claim to have turned up any new evidence.

“There’s a huge myth being misreported about today’s indictment of Assange,” journalist Glenn Greenwald tweeted today. “The claim that Assange tried to help Manning circumvent a password to cover her tracks isn’t new. The Obama DOJ knew about it since 2011, but chose not to prosecute him. Story on this soon.”

“Holder chose not to prosecute Assange based on the same info Trump DOJ cited,” Greenwald added.

“The weakness of the US charge against Assange is shocking,” tweeted NSA whistleblower Edward Snowden. “The allegation he tried (and failed?) to help crack a password during their world-famous reporting has been public for nearly a decade: it is the count Obama’s DOJ refused to charge, saying it endangered journalism.”

This is all information that the Obama administration had access to (journalist Tim Shorrock observed that the alleged 2010 correspondence between Assange and Manning “looks like it came straight from NSA surveillance” of the two), yet it chose not to do what the Trump administration is currently doing because it would endanger press freedoms. This means that nothing has changed since that time besides (A) the fact that there is now a more overtly tyrannical administration in place, and (B) the fact that the public has been paced into accepting the prosecution of Assange by years of establishment propaganda.

Last year, after it was revealed that the Trump administration was seeking Assange’s arrest, Greenwald wrote the following:

“The Obama DOJ – despite launching notoriously aggressive attacks on press freedoms – recognized this critical principle when it came to WikiLeaks. It spent years exploring whether it could criminally charge Assange and WikiLeaks for publishing classified information. It ultimately decided it would not do so, and could not do so, consistent with the press freedom guarantee of the First Amendment. After all, the Obama DOJ concluded, such a prosecution would pose a severe threat to press freedom because there would be no way to prosecute Assange for publishing classified documents without also prosecuting the New York Times, the Washington Post, the Guardian and others for doing exactly the same thing.”

Nothing has changed since 2010 apart from a more thoroughly propagandized populace and a more depraved US government, which means that this new charge that the Trump administration issued in December 2017 is based on nothing other than a diminished respect for press freedoms and an increased willingness to crush them. This makes it fraudulent and illegitimate, and the precedent that is being set by it should be rejected and opposed by everyone in the world who claims to support the existence of a free press which is capable of holding power to account.

So what are we left with? We’re left with the US government filing criminal charges against a journalist (and Assange is indisputably a journalist) for protecting his source and encouraging his source to obtain more material, both of which are things that journalists do all the time.

“While the indictment against Julian Assange disclosed today charges a conspiracy to commit computer crimes, the factual allegations against Mr. Assange boil down to encouraging a source to provide him information and taking efforts to protect the identity of that source,” said Assange lawyer Barry J Pollack in a statement today. “Journalists around the world should be deeply troubled by these unprecedented criminal charges.”

“There are parts of the indictment that are clearly designed to criminalize things journalists routinely do,” Greenwald told CNN. “Part of the accusation is that [Assange] encouraged Chelsea Manning to provide him with more documents than the original batch that she gave him, which is something that as a journalist I’ve done many times with my sources, that journalists do every day. They say ‘Oh thanks for this document, maybe you could get me this?’ They also say that he helped her to essentially cover her tracks by giving her advice about how to get this information without being detected. The only thing in the indictment, and it’s very vague, is a suggestion that he tried to help her circumvent a password; it didn’t seem to be successful, but it’s unclear whether that was designed to get documents or to simply help her cover her tracks. But either way it’s clearly a threat to the First Amendment, because it criminalizes core journalistic functions.”

In an article for Rolling Stone titled “Why the Assange Arrest Should Scare Reporters“, journalist Matt Taibbi writes that “The meatier parts of the indictment speak more to normal journalistic practices.”

“Reporters have extremely complicated relationships with sources, especially whistleblower types like Manning, who are often under extreme stress and emotionally vulnerable,” Taibbi writes. “At different times, you might counsel the same person both for and against disclosure. It’s proper to work through all the reasons for action in any direction, including weighing the public’s interest, the effect on the source’s conscience and mental health, and personal and professional consequences. For this reason, placing criminal penalties on a prosecutor’s interpretation of such interactions will likely put a scare into anyone involved with national security reporting going forward.”

The Espionage Act has not at this time been employed to prosecute Assange as many have speculated it might, and the computer crimes he’s been charged with carry a maximum sentence of five years. But this does not mean that further far more serious charges cannot be added once Assange is imprisoned on American soil, especially after his guilt in the Manning leaks has been made official government dogma following the conspiracy conviction.

In my opinion this charging Assange with a lower-level crime (not espionage) is a trick that would allow the UK to extradite him to the US with ‘no threat of capital punishment’ only to have US prosecutors do what they always do: pile on charges,” tweeted Daniel McAdams of the Ron Paul Liberty Report, referring to assurances sought by the UK and Ecuador that Assange would not face the death penalty if extradited to the United States for the conspiracy charge.

Either way, this is a cataclysmic threat to press freedoms, and the time to act is now. The US government’s arbitrarily gifting itself the right to use fraudulent distortions to imprison anyone in the world who publishes facts about it will chill any attempts to do so in the future, and poses a far greater threat to press freedoms than anything we’ve seen in our lives. Anyone who sits idly by while this happens is signing over the sovereign right of every human being on this planet to hold power to account, and anyone calling themselves a journalist who does anything other than unequivocally oppose this move is confessing that they are a state propagandist. This is an intolerable plunge toward Orwellian dystopia, and is an assault on human dignity itself.

It’s time to shake the earth and refuse to let them cross this line. Enough is enough.

Roar, humans. Roar.

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