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Tide of Public Opinion is Turning in Assange’s Favor
Tide of Public Opinion is Turning in Assange’s Favor
Corporate media & some politicos who opposed Assange after the 2016 election have radically changed their tune, favorably influencing public opinion after the Espionage Act indictment of the WikiLeak‘s founder, reports Joe Lauria.
The indictment of Julian Assange under the Espionage Act has profoundly affected press coverage of the WikiLeaks founder, with much of the media turning suddenly and decisively in his favor after years of vilifying him.
The sharp change has also come from some politicians, and significantly, from two Justice Department prosecutors who went public to express their dissent about using the Espionage Act to indict Assange.
To the extent that public opinion matters, the sea-change in coverage could have an effect on the British or Swedish governments’ decision to extradite Assange to the United States to face the charges.
Used to Be a Russian Agent
Since the 2016 U.S. presidential election establishment media, fueled by the Mueller probe, has essentially branded Assange a Russian agent who worked to undermine American democracy.
Focusing on his personality rather than his work, the media mostly cheered his arrest by British police on April 11 after his political asylum was illegally revoked by Ecuador in its London embassy.
Assange’s initial indictment for conspiracy to intrude into a government computer was portrayed by corporate media as the work of a “hacker” and not a journalist, who doesn’t merit First Amendment protection.
But the superseding indictment under the Espionage Act last Thursday has changed all that.
Rather than criminal activity, the indictment actually describes routine journalistic work, such as encouraging sources to turn over sensitive information and hiding a source’s identity.
Since the Trump administration has crossed the red line criminalizing what establishment journalists do all the time, establishment journalists have come full-square against the indictment and behind Assange.
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As the Obama DOJ Concluded, Prosecution of Julian Assange for Publishing Documents Poses Grave Threats to Press Freedom
THE TRUMP JUSTICE DEPARTMENT inadvertently revealedin a court filing that it has charged Julian Assange in a sealed indictment. The disclosure occurred through a remarkably amateurish cutting-and-pasting error in which prosecutors unintentionally used secret language from Assange’s sealed charges in a document filed in an unrelated case. Although the document does not specify which charges have been filed against Assange, the Wall Street Journal reported that “they may involve the Espionage Act, which criminalizes the disclosure of national defense-related information.”
Over the last two years, journalists and others have melodramatically claimed that press freedoms were being assaulted by the Trump administration due to trivial acts such as the President spouting adolescent insults on Twitter at Chuck Todd and Wolf Blitzer or banning Jim Acosta from White House press conferences due to his refusal to stop preening for a few minutes so as to allow other journalists to ask questions. Meanwhile, actual and real threats to press freedoms that began with the Obama DOJ and have escalated with the Trump DOJ – such as aggressive attempts to unearth and prosecute sources – have gone largely ignored if not applauded.
But prosecuting Assange and/or WikiLeaks for publishing classified documents would be in an entirely different universe of press freedom threats. Reporting on the secret acts of government officials or powerful financial actors – including by publishing documents taken without authorization – is at the core of investigative journalism. From the Pentagon Papers to the Panama Papers to the Snowden disclosures to publication of Trump’s tax returns to the Iraq and Afghanistan war logs, some of the most important journalism over the last several decades has occurred because it is legal and constitutional to publish secret documents even if the sources of those documents obtained them through illicit or even illegal means.
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Former CIA Director compared prosecuting leakers under the Espionage Act to “driving tacks with a sledge hammer”
Former CIA Director compared prosecuting leakers under the Espionage Act to “driving tacks with a sledge hammer”
Declassified report called journalists “patriotic,” argued for more appropriate responses to leaks.
In the formerly SECRET paper, the Director stated that using the Espionage Act against media leakers was like “driving tacks with a sledge hammer” – grossly excessive. Months later, the government did just that, setting a precedent which is still used today. Two years later, Reagan’s war against leakers had pushed Casey into the even more aggressive position of threatening not just leakers with prosecution – but the Washington Post, the Washington Times, the New York Times, Time and Newsweek as well.
Far from minimizing the potential harm of national security leaks, Casey emphasized the damage that they could do. However, none of the five examples provided by Casey in his report resulted in any actual harm. Two examples “could have” resulted in adversary adjusting their techniques, though the language implies that hadn’t happened. A third and fourth example resulted in potential damage which forced the Agency to cut off contact with a human source lest that danger be amplified. While endangering human sources is never a good thing and disrupting HUMINT operations was unlikely to have been the intention, the report again indicates that no actual harm came to anyone. A fifth example placed someone in danger of being discovered, again a possibility which hadn’t come to pass, though it “could possibly have an adverse effect on U.S. relations” with an unknown group.
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Upcoming British Legislation Could Jail Journos for 14 Years
Business Arrow Policy Planned Espionage Act could jail journos and whistleblowers as spies … Proposals in the UK for a swingeing new Espionage Act that could jail journalists as spies have been developed in haste by legal advisors, The Register has learned. The proposed law update is an attempt to ban reporting of future big data leaks. The British government has received recommendations for a “future-proofed” new Espionage Act that would put leaking and whistleblowing in the same category as spying for foreign powers. That threatens leakers and journalists with the same extended jail sentences as foreign agents. Sentences would apply even if – like Edward Snowden or Chelsea Manning – the leaker was not British, or in Britain, or was intent on acting in the public interest. – The Register
Britain is doing what one of the things it does best, which is thinking of how to punish people. Now it’s figuring out ways to throw more people in jail for longer periods of time for exposing various kinds of government crimes.
That’s right. It’s not thinking about lessening those crimes, only covering them up.
The British government has received an updated Espionage Act that is a good deal stronger than the act on the books. It puts journalitsts in the same boat as foreign agents when it comes to spying and also does not differentiate between those who are citizens of other countries and those who come from Britain.
More:
The proposals have been slammed by journalists who faced down British and US government threats after publishing Edward Snowden’s sensational revelations in 2013. The UK Law Commission’s recommendations are contained in a 326-page consultation paper titled Protection of Official Data [PDF].
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Council of Europe Calls on U.S. to Let Snowden Have a Fair Trial
Council of Europe Calls on U.S. to Let Snowden Have a Fair Trial
The Council of Europe, the self-proclaimed “democratic conscience of Greater Europe,” urged the United States on Tuesday to allow NSA whistleblower Edward Snowden to return home and make the case that his actions had positive effects.
The call for Snowden to be allowed a “public interest defense” — something not available to whistleblowers charged under the Espionage Act of 1917, as Snowden has been — was part of a resolution to improve international protections for whistleblowers passed overwhelmingly by the 47-nation council’s parliamentary assembly at its meeting in Strasbourg, France.
After the vote, Snowden spoke to the assembly by video from Moscow, where he has temporary asylum. “It would be committing a crime by discussing your defense,” Snowden said of his current legal prospects if he returned to the U.S.
“I think it’s incredibly strong,” he said of the council’s resolution. “It’s a major step forward. … If you can’t mount a full and effective defense — make the case that you are revealing information in the public interest — you can’t have a fair trial.”
U.S. government officials have repeatedly said that Snowden should return home to face the consequences of his actions. Snowden should “come back, be sent back, and he should have his day in court,” said National Security Advisor Susan Rice on “60 Minutes” in December 2013.
But as Trevor Timm of the Freedom of the Press Foundation and others have pointed out, the administration has previously argued that disclosing details of Espionage Act cases further risks national security, so the defendant can’t explain why he did what he did. Military whistleblower Chelsea Manning faced the same conundrum during the summer of 2013. Her entire defense was ruled inadmissible until sentencing. Manning is serving 35 years in prison.
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