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WikiLeaks could be vulnerable to Espionage Act | Privacy Inc. News analysis If WikiLeaks co-founder Julian Assange is indicted by the U.S. government for disseminating classified information, as even his own lawyer now expects, his defense is likely to face long legal odds. The 1917 Espionage Act, enacted by the U.S. Congress during World War I, has been a mainstay of national security prosecutions ever since. And it's been upheld as constitutional by every court that has examined whether its invocation in a criminal prosecution complies with the First Amendment's guarantee of freedom of speech. A CNET review of Espionage Act cases shows that judges have generally favored the government and, in a 1985 case, even allowed an extraterritorial prosecution of a non-U.S. citizen. In the 1978 case of U.S. v.

Dedeyan, the Fourth Circuit upheld the Act against arguments that it was vague and overly broad. A year later, in U.S. v. Some of the more hawkish members of Congress have egged him on. In the 1971 Pentagon Papers case, a 6-3 majority of the U.S. United States Code: Title 18,793. Gathering, transmitting or losing defense information.

United States Code: Title 8,1189. Designation of foreign terrorist organizations. Marc A. Thiessen - WikiLeaks must be stopped. Let's be clear: WikiLeaks is not a news organization; it is a criminal enterprise. Its reason for existence is to obtain classified national security information and disseminate it as widely as possible -- including to the United States' enemies. These actions are likely a violation of the Espionage Act, and they arguably constitute material support for terrorism. The Web site must be shut down and prevented from releasing more documents -- and its leadership brought to justice. WikiLeaks' founder, Julian Assange, proudly claims to have exposed more classified information than all the rest of the world press combined.

He recently told the New Yorker he understands that innocent people may be hurt by his disclosures ("collateral damage" he called them) and that WikiLeaks might get "blood on our hands. " With his unprecedented release of more than 76,000 secret documents last week, he may have achieved this. And WikiLeaks is preparing to do more damage. Marc A. ToOverride intern.law in extraterrestial law enforcement. U.S. Tries to Build Case for Conspiracy by WikiLeaksBy CHARLIE SAVAGE.

Getting to Assange through Manning - Glenn Greenwald. (updated below – Update II [Fri.]) In The New York Times this morning, Charlie Savage describes the latest thinking from the DOJ about how to criminally prosecute WikiLeaks and Julian Assange. Federal investigators are “are looking for evidence of any collusion” between WikiLeaks and Bradley Manning — “trying to find out whether Mr. Assange encouraged or even helped” the Army Private leak the documents — and then “charge him as a conspirator in the leak, not just as a passive recipient of the documents who then published them.”

To achieve this, it is particularly important to “persuade Private Manning to testify against Mr. Assange.” I want to make two points about this. First, the Obama administration faces what it perceives to be a serious dilemma: it is — as Savage writes — “under intense pressure to make an example of [Assange] as a deterrent to further mass leaking,” but nothing Assange or WikiLeaks has done actually violates the law. But this distinction is totally illusory. Columbia School of Journalism Comes Out Against Prosecution of Julian Assange.

Dear Mr. President and General Holder: As faculty members and officers of the Columbia University Graduate School of Journalism, we are concerned by recent reports that the Department of Justice is considering criminal charges against Julian Assange or others associated with Wikileaks. Journalists have a responsibility to exercise careful news judgment when classified documents are involved, including assessing whether a document is legitimately confidential and whether there may be harm from its publication. But while we hold varying opinions of Wikileaks’ methods and decisions, we all believe that in publishing diplomatic cables Wikileaks is engaging in journalistic activity protected by the First Amendment. Any prosecution of Wikileaks’ staff for receiving, possessing or publishing classified materials will set a dangerous precedent for reporters in any publication or medium, potentially chilling investigative journalism and other First Amendment-protected activity.

Respectfully, Bush Lets U.S. Spy on Callers Without Courts. The inhumane conditions of Bradley Manning's detention - Glenn Greenwald. Bradley Manning, the 22-year-old U.S. Army Private accused of leaking classified documents to WikiLeaks, has never been convicted of that crime, nor of any other crime. Despite that, he has been detained at the U.S. Marine brig in Quantico, Virginia for five months — and for two months before that in a military jail in Kuwait — under conditions that constitute cruel and inhumane treatment and, by the standards of many nations, even torture. Interviews with several people directly familiar with the conditions of Manning’s detention, ultimately including a Quantico brig official (Lt. Brian Villiard) who confirmed much of what they conveyed, establishes that the accused leaker is subjected to detention conditions likely to create long-term psychological injuries.

Since his arrest in May, Manning has been a model detainee, without any episodes of violence or disciplinary problems. From the beginning of his detention, Manning has been held in intensive solitary confinement. What U.S. "justice" signifies around the world - Glenn Greenwald. In London this morning, a British court held a procedural hearing regarding Sweden’s attempt to extradite Julian Assange in order to question him about sex crimes accusations. Afterward, Assange’s lawyers released an outline of the arguments they intend to make in opposition to extradition. Most of them centered around the impermissibility of extraditing someone who has not been charged with a crime — i.e., merely to interrogate them — but one of the featured arguments focused on the danger that if Assange were sent to Sweden, that country would then extradite him to the U.S., where Assange would be subjected to grave injustices: Julian Assange, the founder of WikiLeaks, could be at “real risk” of the death penalty or detention in Guantánamo Bay if he is extradited to Sweden on accusations of rape and sexual assault, his lawyers claim.

Wikileaks,the Espionage Act, and the Constitution, Opening Statements. Opinio Juris ? Blog Archive ? Can the U.S. Prosecute Wikileaks? Founder? Sure, If They Can Catch Him. The WSJ has an article on the U.S. Defense Department’s push for a criminal prosecution of Wikileaks for releasing U.S. government documents on the Afghanistan war. Several officials said the Defense and Justice departments were now exploring legal options for prosecuting Mr. Assange and others involved on grounds they encouraged the theft of government property.Bringing a case against WikiLeaks would be controversial and complicated, and would expose the Obama administration to criticism for pursuing not just government leakers, but organizations that disseminate their information.

I agree it would be controversial, and probably counterproductive, to try to prosecute Wikileaks’ founder Julian Assuange. The most relevant law, the Espionage Act, would seem to cover Assange’s alleged conduct. Obviously, there is an intent issue here (Did Assange obtain the info for the purpose of or with reason to believe it would be used to injure the U.S.?)

Julian Assange like a hi-tech terrorist, says Joe Biden | Media. The US vice-president, Joe Biden, today likened the WikiLeaks founder, Julian Assange, to a "hi-tech terrorist", the strongest criticism yet from the Obama administration. Biden claimed that by leaking diplomatic cables Assange had put lives at risk and made it more difficult for the US to conduct its business around the world. His description of Assange shows a level of irritation that contrasts with more sanguine comments from other senior figures in the White House, who said the leak had not done serious damage. Interviewed on NBC's Meet the Press, Biden was asked if the administration could prevent further leaks, as Assange warned last week. "We are looking at that right now. The justice department is taking a look at that," Biden said, without elaborating.

The justice department is struggling to find legislation with which to prosecute Assange. "He's made it more difficult for us to conduct our business with our allies and our friends. Assange rejects 'hi-tech terrorist' label. WikiLeaks founder Julian Assange has pushed back after US Vice President Joe Biden blasted him as a dangerous "hi-tech terrorist". The 39-year-old Australian also told the Spanish daily El Pais that he was in "a condition of high-tech arrest" although he was released on bail by a British court last week while he fights extradition to Sweden, where he is wanted for questioning over allegations of sex crimes.

Asked whether he thought Assange was a hi-tech terrorist or a whistleblower akin to those who released the Pentagon Papers - a series of top-secret documents revealing US military policy in Vietnam - Biden said on Sunday: "I would argue that it's closer to being hi-tech terrorist. " And he said the US Justice Department was mulling how to take legal action against the Australian. Advertisement But Assange responded by noting that "terrorism is defined as the use of violence for political purposes".

He complained to El Pais that he was "in a condition of high-tech arrest". Wikileaks, the Espionage Act, and the Constitution (Ralph Nader testifies) Son of Julius and Ethel Rosenberg: "My Parents Were Executed Under the Unconstitutional Espionage Act -- Here's Why We Must Fight to Protect Julian Assange" This is a rush transcript. Copy may not be in its final form. AMY GOODMAN: We turn now to another story. One of the top stories of the year, of course, has been WikiLeaks. Juan? JUAN GONZALEZ: Well, when WikiLeaks founder Julian Assange was released from a British jail this month, he downplayed the prospect of an extradition to Sweden, where he’s wanted for questioning on allegations of sex crimes. Speaking outside the courthouse, Assange said he is most concerned about extradition to the United States.

JULIAN ASSANGE: I don’t have too many fears about being extradited to Sweden. JUAN GONZALEZ: Although Assange hasn’t been charged, there are reports the Justice Department has convened a grand jury in Virginia to indict him for WikiLeaks’ release of tens of thousands of secret government documents. Earlier this month, Vice President Joe Biden confirmed the U.S. is looking at ways to pursue Assange while he remains under house arrest in Britain.

Welcome to Democracy Now! [break] My Parents Were Executed Under the Unconstitutional Espionage Act -- Here's Why We Must Fight to Protect Julian Assange | Civil Liberties. December 29, 2010 | Like this article? Join our email list: Stay up to date with the latest headlines via email. Rumors are swirling that the United States is preparing to indict Wikileaks leader Julian Assange for conspiring to violate the Espionage Act of 1917. The modern version of that act states among many, many other things that: “Whoever, for the purpose of obtaining information respecting the national defense with intent or reason to believe that the information is to be used to the injury of the United States” causes the disclosure or publication of this material, could be subject to massive criminal penalties.

It also states that: “If two or more persons conspire to violate any of the foregoing provisions … each of the parties to such conspiracy shall be subject to the punishment provided for the offense which is the object of such conspiracy.” (18 U.S. I view the Espionage Act of 1917 as a lifelong nemesis. The 1917 Act has a notorious history. Talk - Naomi Wolf - The End of America. Don't charge Wikileaks. WIKILEAKS FOUNDER Julian Assange has irresponsibly released thousands of sensitive national security documents, including some that Pentagon officials say could put in harm's way Afghans who have cooperated with U.S. efforts. But that does not mean he has committed a crime. Mr. Assange, an Australian, is in a British jail awaiting possible extradition to Sweden on sexual assault allegations. Many Americans would like to see him spend a good, long time behind bars - for different reasons.

Sen. Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, argues that Mr. Sen. Such prosecutions are a bad idea. So is the administration helpless? Geoffrey R. Stone: WikiLeaks and the First Amendment. The so-called SHIELD Act, which has been introduced in both Houses of Congress, would amend the Espionage Act of 1917 to make it a crime for any person knowingly and willfully to disseminate, in any manner prejudicial to the safety or interest of the United States," any classified information... concerning the human intelligence activities of the United States or... concerning the identity of a classified source or informant" who is working with the intelligence community of the United States.

Although this Act may well be constitutional as applied to a government employee who unlawfully "leaks" such material to persons who are unauthorized to receive it, it is plainly unconstitutional as applied to other individuals or organizations who might publish or otherwise disseminate the information after it has been leaked. Those who won our independence... did not exalt order at the cost of liberty... [They understood that] only an emergency can justify repression. WikiLeaks: Julian Assange 'faces execution or Guantánamo detention' | Media. WikiLeaks founder 'happy' after extradition hearing Link to video: Julian Assange 'happy' after extradition hearing Julian Assange, the founder of WikiLeaks, could be at "real risk" of the death penalty or detention in Guantánamo Bay if he is extradited to Sweden on accusations of rape and sexual assault, his lawyers claim.

In a skeleton summary of their defence against attempts by the Swedish director of public prosecutions to extradite him, released today, Assange's legal team argue that there is a similar likelihood that the US would subsequently seek his extradition "and/or illegal rendition", "where there will be a real risk of him being detained at Guantánamo Bay or elsewhere". "Indeed, if Mr Assange were rendered to the USA, without assurances that the death penalty would not be carried out, there is a real risk that he could be made subject to the death penalty. It is well known that prominent figures have implied, if not stated outright, that Mr Assange should be executed. " (pdf)assange JohnPilger New Statesman. No link between Bradley Manning and Julian Assange, say military sources | Richard Adams | World news.

US investigators have been unable to find evidence directly linking WikiLeaks founder Julian Assange and Bradley Manning, the army private suspected of passing on confidential documents to the whistleblowing website, according to a report last night. Jim Miklaszewski, NBC News's chief Pentagon correspondent, reported sources inside the US military as saying they could detect no contact between Manning and Assange. According to NBC News: The officials say that while investigators have determined that Manning had allegedly unlawfully downloaded tens of thousands of documents onto his own computer and passed them to an unauthorized person, there is apparently no evidence he passed the files directly to Assange, or had any direct contact with the controversial WikiLeaks figure.

If accurate, then US authorities have no realistic chance of successfully prosecuting or extraditing Assange for the leak of thousands of classified documents. Various matters - Glenn Greenwald. NBC: U.S. can't link Army private to Assange - U.S. news - WikiLeaks in Security.