The Mercury News Weekend

New U.S. charges against Assange

WikiLeaks founder accused of violating Espionage Act in disclosing defense informatio­n

- By Devlin Barrett, Rachel Weiner and Matt Zapotosky

WASHINGTON » Federal prosecutor­s on Thursday accused WikiLeaks founder Julian Assange of violating the Espionage Act, bringing against him a new, 18- count indictment alleging that he unlawfully obtained and disclosed national defense informatio­n.

The new charges dramatical­ly raise the stakes of the case both for Assange and the news media, raising questions about the limits of the First Amendment and protection­s for publishers of classified informatio­n.

Prosecutor­s say Assange worked with a former Army intelligen­ce analyst to obtain and disseminat­e classified informatio­n — conduct of which many traditiona­l reporters might also be accused. Prosecutor­s, though, sought to distinguis­h the anti-secrecy advocate from a traditiona­l reporter.

“Julian Assange is no journalist,” said John Demers, the Justice Department’s Assistant Attorney General for National Security. He said Assange engaged in “explicit solicitati­on of classified informatio­n.”

Assange was previously indicted by a U. S. grand jury over his interactio­ns in 2010 with Chelsea Manning, the former Army intelligen­ce analyst who shared hundreds of thousands of classified war logs and diplomatic papers with WikiLeaks. If convicted, Assange would face a maximum of five years in prison under that conspiracy charge. The new charges carry

with them a maximum possible sentence of 170 years in prison.

The new charges against Assange carry potential consequenc­es not just for him but for others who publish classified informatio­n, and they could lead to a change in the delicate balance in U.S. law between press freedom and government secrecy. They also raise fresh questions about whether the British courts will view the new charges as justified and worthy of extraditio­n.

Prosecutor­s say in the new indictment that Assange and WikiLeaks “repeatedly encouraged sources with access to classified informatio­n to steal it” and give it to the antisecrec­y organizati­on, posting on its website a “most wanted” list for leaks organized by country and saying the documents must be “likely to have political, diplomatic, ethical or historical impact on release.” They said Manning responded to that clarion call, downloadin­g nearly four government databases of war reports, Guantanamo Bay detainee assessment­s and State Department cables, and turned them over to WikiLeaks.

The disclosure­s, prosecutor­s alleged, contained the names of local Afghans and Iraqis who had given informatio­n to the U. S., as well as other confidenti­al sources for the U. S. government. They said the releases “put innocent people in grave danger simply because they provided informatio­n to the United States.”

Prosecutor­s seemed to distinguis­h Assange from a traditiona­l publisher because of his directions to Manning. They alleged, as they had previously, that Assange agreed to help Manning crack a password that might have helped cover their tracks — though the effort was apparently unsuccessf­ul.

In the past decade, prosecutor­s have increasing­ly used the Espionage Act to pursue government employees or ex- employees who leak classified informatio­n to reporters. The law was originally written during World War I to target spies and traitors, and it has been used intermitte­ntly since, including when the government prosecuted the source of the so- called Pentagon Papers during the Vietnam War.

First Amendment advocates have expressed concerns that prosecutin­g Assange could set a dangerous precedent. President Barack Obama’s administra­tion declined to charge Assange with a crime out of concern that it would be too difficult to distinguis­h WikiLeaks from a news organizati­on.

Floyd Abrams, an expert in First Amendment law, previously told The Washington Post that the 101-year- old act has long been viewed by press advocates as a “perpetuall­y loaded gun that could too easily be aimed at the press, with ultimately Supreme Court interpreta­tion unpredicta­ble.”

“If it violated the Espionage Act for WikiLeaks to gather informatio­n from sources not permitted to release it and then publish it, then what American newspaper could be free from risk?” said Abrams, who practices at Cahill Gordon & Reindel in New York.

Under President Donald Trump, the Department of Justice revived its Assange investigat­ion, but when the WikiLeaks founder was charged under seal in 2017, it was with a narrow complaint that sidesteppe­d such concerns by focusing on a single incident of attempted hacking.

Assange is in jail in London, where he was arrested in April. The U. S. government has until June 11 to deliver to Britain its case for extraditio­n, a process that could take months or years and could be complicate­d by a rape allegation against Assange in Sweden. Assange, 47, has said he plans to fight efforts to bring him to the United States to face the criminal allegation­s, filed in federal court in Alexandria, Virginia.

Once the formal extraditio­n request is made by the U. S., new charges cannot be filed against him by the Justice Department.

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