COURAGE EDITION To Chelsea Week l y Leaks Monday 21st September 2020 FREE

Follow Assange’s extradition WikiLeaks pioneered secure submission hearing coverage live at systems for journalism Page 4 defend.WikiLeaks.org Tortured for revealing Assange could die in war crimes Supermax prison in the

when and in the interest of whom? Old Bailey on September 7th, and is U.S. for journalism Editorial When the laws of exception are the expected to last until October 2nd. rule, does justice become an excep- Expert witnesses have given elements What is journalism? What is jour- tion? What happens when crucial of answers to these questions through Assange’s extradition nalism’s duty and to whom? Who information returns to the public thoroughly researched, engaging is and isn’t a journalist, and who domain, thanks to the dedication of testimonies — some of which can be decides that? What is a political opin- journalists, whistleblowers and indi- found in this issue of WeeklyLeaks. will create a precedent ion and who is allowed to have one? viduals? And what if we end up living Hanging in the courtroom, with What protects the right to inform, be in a world where there are no such the fate of the WikiLeaks founder, is affecting all journalists in informed and express one’s opinion? people left, to speak truth to power? the fate of us all. Who decides what state and corpo- Those are some key questions So stay informed and join the the U.K. and worldwide rate secrets should be revealed to at the heart of Julian Assange’s extra- fight against the extradition and per- the public or remain classified? Why, dition hearing, which resumed at the secution of Julian Assange.■ Magistrate brings another pre-written judgement to Assange’s hearing

Craig Murray Historian and human rights activist, I went to former British Ambassador the Old Bailey 7 SEPTEMBER 2020 expecting to Our Man in the Public Gallery at the Assange extradition hearing be awed by the majesty of I went to the Old Bailey today expect- ing to be awed by the majesty of the the law, and law, and left revolted by the sordid administration of injustice. left revolted There is a romance which by the sordid attaches to the Old Bailey. The name of course means fortified enclosure administration and it occupies a millennia old foot- of injustice. print on the edge of London’s ancient city wall. It is the site of the medie- val Newgate Prison, and formal trials have taken place at the Old Bailey and friends, made our nervous way space and was obviously damp, Rather to our surprise, nobody access to the inadequate video fol- for at least 500 years, numbering this morning. We were shown to sheets of delaminating white paint else was allowed into the public gal- lowing strong representations from in the hundreds of thousands. For Court 10 up many stairs that seemed drooping down from it like flags lery of Court 10 but us five. Others like the German Embassy). the majority of that time, those con- like the back entrance to a particu- of forlorn surrender. The dock in John Pilger and Kristin Hrafnsson, The reason given that only five victed even of minor offences of theft larly unloved works canteen. Tiles which Julian would be held still had editor in chief of WikiLeaks, were of us were allowed in the public gal- were taken out and executed in the were chipped, walls were filthy and a bulletproof glass screen in front, shunted into the adjacent court 9 lery of some 40 seats was distanc- alleyway outside. It is believed that flakes of paint hung down from like Belmarsh, but it was not boxed where a very small number were ing; except we were allowed to all sit hundreds, perhaps thousands, lie crumbling ceilings. Only the security in. There was no top to the screen, permitted to squint at a tiny screen, together in consecutive seats in the buried under the pavements. cameras watching us were new – so no low ceiling, so sound could flow on which the sound was so inau- front row. The two rows behind us The hefty Gothic architecture new, in fact, that little piles of plaster freely over and Julian seemed much dible John Pilger simply left. Many remained completely empty. of the current grand building dates and brick dust lay under each. more in the court. It also had many others who had expected to attend, To finish scene setting, Julian back no further than 1905, and round Court 10 appeared to be a fairly more and wider slits than the noto- such as Amnesty International and himself looked tidy and well groomed the back and sides of that is wrapped bright and open modern box, with rious Belmarsh Box, and Julian was Reporters Without Borders, were and dressed, and appeared to have some horrible cheap utility building pleasant light woodwork, jammed able to communicate quite readily simply excluded, as were MPs from regained a little lost weight, but from the 1930’s. It was through a tun- as a mezzanine inside a great vault and freely through them with his the German federal parliament (both with a definite unhealthy puffiness nelled entrance into this portion that of the old building. A massive arch lawyers, which this time he was not the German MPs and Reporters about his features. In the morning five of us, Julian’s nominated family intruded incongruously into the prevented from doing. Without Borders at least later got Continued on page 2 2 Week l y Leaks Week l y Leaks 3

as the US government was briefing identified as “Iceland 1” in the pre- whistleblowers and the necessity of She read it from a laptop she had prepared before she had heard the after lunch as various procedural to adjourn was refused. Magistrate brings another it made no difference but just gave vious indictment. That indictment revealing war crimes by stating that brought into the courtroom with lawyers argue the case before her. I wrangles were addressed behind The courtroom atmosphere additional detail. But on 21 August had contained a “health warning” there can have been no such neces- her, and she had made no alterations understood she already had seen the closed doors. As the court resumed, was now highly charged. Having 2020, not before, it finally became over this witness given by the US sity to hack into a bank in Iceland. to that document as Summers and outline written arguments, but surely Mark Summers for the defence stood in the morning refused to cut out pre-written judgement to clear in new US government submis- Department of Justice. This new Summers concluded that the Smith had argued the case in front of this was wrong. What was the point up with a bombshell. the superseding indictment on the sions that the charges themselves had indictment removed that warn- “case should be confined to that her. in the lawyers arguing for hours if the Summers said that the defence grounds that the remedy for lack of been changed. ing. But the fact was, this witness is conduct which the American govern- Baraitser stated that she had judgement was pre-written? What I “recognised” the judgement Baraitser time should be more time, Baraitser There were now new charges Sigurdur Thordarson, who had been ment had seen fit to allege in the eigh- been asked as a preliminary move to really wanted to know was how far had just made – a very careful choice was now refusing to give more time. Assange’s hearing that were standalone and did not convicted in Iceland in relation to teen months of the case” before their excise from the case certain conduct this was normal practice. of word, as opposed to “respected” The defence had called her bluff; the depend on the earlier allegations. these events of fraud, theft, stealing second new indictment. alleged. Mr Summers had described The lawyer replied to me that it which might seem more natural. As state had apparently been confident Continued from page 1 the cross-examination. It would also to enable them to orient themselves Even if the 18 Manning related charges WikiLeaks money and material and Replying to Summers for the the receipt of new allegations as absolutely was not normal practice, she had ruled that the remedy to lack that the effective solitary confine- enable Julian Assange to hear the and reacquaint with their evidence were rejected, these new allegations impersonating Julian Assange. prosecution, Joel Smith QC replied extraordinary. However “I offered the it was totally outrageous. In a long of time was more time, the defence ment in Belmarsh was so terrible he appeared disengaged and disori- evidence summarised, which was before cross-examination. could still form grounds for extradi- The indictment did not state that the judge was obliged by the defence the opportunity to adjourn and distinguished career, this lawyer was applying for an adjournment to that Assange would not request more ented rather as he had at Belmarsh, important for him to follow the case This half hour for each witness tion. These new allegations included that the FBI had been “kicked out of statute to consider the new charges the case” to give them time to prepare had very occasionally seen it done, enable them to prepare the answers time. I rather suspect that Julian was but in the afternoon he perked up given his lack of extended access represented something of a compro- encouraging the stealing of data from Iceland for trying to use Thordarson and could not excise them. “If there against the new allegations. “I consid- even in the High Court, but there was to the new charges. They did not do himself bluffing, and made the call and was very much engaged with to legal papers while in Belmarsh mise, in that at least the basic evi- a bank and from the government to frame Assange”, stated Summers is nothing proper about the resti- ered of course that Mr Assange was always some effort to disguise the this lightly, as Mr Assange would con- at lunchtime to request more time in his defence team, interacting as nor- prison. dence of each defence witness would of Iceland, passing information on baldly. tution of a new extradition request in custody. I hear that Mr Summers fact, perhaps by inserting some ref- tinue in prison in very difficult condi- the full expectation that it would be mally as could be expected in these Baraitser stated there could not be heard by the court and the public tracking police vehicles, and hacking Summers said all these matters after a failed request, there is noth- believes this is fundamental unfair- erence to points made orally in the tions during the adjournment. refused, and the rank hypocrisy of circumstances. be any need for evidence submitted (insofar as the public was allowed the computers both of individuals should be ventilated in these hear- ing improper in a superseding indict- ness”. But “the argument that we hav- courtroom. Baraitser was just blatant. Summers said the defence was the proceedings exposed. Proceedings started with for- to her in writing to be repeated orally. to hear anything). But the idea that and of a security company. ings if the new charges were to be ment before the first request had en’t got the time, should be remedied The question was, of course, whether simply not in a position to gather I previously blogged about malities related to Julian’s release For the defence, Mark Summers a standard half hour guillotine is “How much of this newly heard, but the defence simply did failed”. Under the Extradition Act the by asking for the time”. it was her own pre-written judgement the evidence to respond to the new how the procedural trickery of on the old extradition warrant and QC was not prepared to drop it and sensible for all witnesses, whether alleged material is criminal is any- not have time to prepare its answers court must decide only if the offence Mr Summers had raised issues she was reading out, or something charges in a few short weeks, a sit- the superseding indictment being re-arrest under the new warrant, tension notably rose in the court. they are testifying to a single fact body’s guess”, stated Summers, going or its witnesses in the brief six weeks is an extraditable offence and the of dual criminality and abuse of pro- she had been given from on high. uation made even worse by Covid used to replace the failing second which had taken place this morn- Summers stated it was normal prac- or to developments over years, is on to explain that it was not at all it had since receiving them, even set- conduct alleged meets the dual crim- cess; there was nothing preventing This was a pretty shocking restrictions. It was true that on 14 indictment – as Smith said for the ing. Defence and prosecution both tice for there to be “an orderly and plainly absurd. What came over most clear that an Australian giving advice ting aside the extreme problems of inality test. The court has no other him for raising these arguments in the morning. The guillotining of defence August Baraitser had offered an prosecution “before it failed” – was agreed that the points they had adjournment and on 21 August they something that sickened the soul. already argued on the ban on extra- had refused the offer. But in that Today in the courtroom you could dition for political offences were period of time, Mr Assange had not smell the sulphur. not affected by the superseding Immediately Summers sat down, had access to the new charges and Well, yet again we were left with indictment. they had not fully realised the extent the feeling that matters must now Magistrate Baraitser then made Baraitser gave her judgement on this to which these were a standalone get less exciting. This time we were a statement about access to the court new case. To this date, Assange had right and they became instead excru- by remote hearing, by which she point. As so often in this hearing, it still not received the new prosecu- ciatingly banal. We finally moved on meant online. She stated that a num- was a pre-written judgement. She tion Opening Note in prison, which to the first witness, Professor Mark ber of access details had been sent was a crucial document in setting out Feldstein, giving evidence to the out by mistake by the court without read it from a laptop she had brought the significance of the new charges. court by videolink for the USA. It was her agreement. She had therefore Baraitser pointedly asked not Professor Feldstein’s fault the day revoked their access permissions. into the courtroom with her, and whether the defence could speak finished in confused anti-climax. The As she spoke, we in the court to Assange in prison by telephone. court was unable to make the video had no idea what had happened, she had made no alterations to that Summers replied yes, but these were technology work. For 10 broken min- but outside some consternation was document as Summers and Smith extremely short conversations. They utes out of about 40 Feldstein was underway in that the online access of could not phone Mr Assange; he briefly able to give evidence, and Amnesty International, of Reporters had argued the case in front of her. could only call out very briefly on even this was completely unsatisfac- without Borders, of John Pilger and the prison payphone to somebody’s tory as he and Mark Summers were of 40 others had been shut down. As mobile, and the rest of the team repeatedly speaking over each other these people were neither permit- would have to try to gather round on the link. ted to attend the court nor observe rational exposition of the evidence”. strongly from this question was the to listen. It was not possible in these I shall give the full account of online, this was causing some For the prosecution, James Lewis QC desire of both judge and prosecution very brief discussions adequately to Professor Feldstein’s evidence later, consternation. denied this, saying it was not normal to railroad through the extradition expound complex material. Between but in the meantime Kevin Gosztola Baraitser went on to say that it procedure. with as little of the case against it get- 14 and 21 August they had been able is producting excellent summaries of was important that the hearing was Baraitser stated she could not ting a public airing as possible. to have only two such very short the morning and afternoon reports public, but she should only agree see why witnesses should be sched- As the judge adjourned for a phone calls. The defence could from James Doleman. In fact, I should remote access where it was “in the uled an one hour and 45 minutes short break we thought these ques- only send documents to Mr Assange be grateful if you read these, so you interests of justice”, and having con- each, which was too long. Lewis tions had now been addressed and through the post to the prison; can see that I am neither inventing sidered it she had decided it was not. agreed. He also added that the pros- the rest of the day would be calmer. he was not always given them, or nor exaggerating the facts of these She explained this by stating that the ecution does not accept that the We could not have been more wrong. role and no jurisdiction to excise part allowed to keep them. startling events. public could normally observe from defence’s expert witnesses are expert The court resumed with a new of the request. Baraitser asked how long an If you asked me to sum up within the courtroom, where she witnesses. A professor of journalism defence application, led by Mark Smith stated that all the author- If you asked me to sum up adjournment was being requested. today in a word, that word would could control their behaviour. But telling about newspaper coverage Summers QC, about the new charges ities (precedents) were of charges Summers replied until January. undoubtedly be “railroaded”. it was if they had remote access, she could did not count. An expert witness from the US governments new super- being excised from a case to allow today in a word, that word would For the US government, James all about pushing through the hear- not control their behaviour and this should only be giving evidence on a seding indictment. Summers took extradition to go ahead on the basis undoubtedly be “railroaded”. Lewis QC replied that more scrutiny ing as quickly as possible and with as was not in the “interests of justice”. technical point the court was other- the court back over the history of this of the remaining sound charges, was needed of this request. The new little public exposure as possible to Baraitser did not expand on wise unqualified to consider. Lewis extradition hearing. The first indict- and those charges which had been It was all about pushing through matters in the indictment were purely what is happening. Access denied, what uncontrolled behaviour she also objected that in giving evidence ment had been drawn up in March of excised were only on the basis of dou- criminal. They do not affect the argu- adjournment denied, exposition of anticipated from those viewing via orally, defence witnesses might state 2018. In January 2019 a provisional ble jeopardy. There was no example the hearing as quickly as possible ments about the political nature of defence evidence denied, removal the internet. It is certainly true that new facts to which the Crown had request for extradition had been of charges being excised to prevent the case, or affect most of the wit- of superseding indictment charges an observer from Amnesty sitting not had time to react. Baraitser noted made, which had been implemented an extradition. And the decision to and with as little public exposure nesses. If more time were granted, denied. The prosecution was plainly at home might be in their under- that the written defence statements in April of 2019 on Assange’s removal from outwith Iceland to someone in contact with Assange in the condi- excise charges had only ever been “with the history of this case, we will failing in that week back in Woolwich wear, might be humming the com- were published online, so they were from the Embassy. In June 2019 this Iceland on how to crack a code, was tions in which he was being held in taken after the conduct alleged had as possible to what is happening. just be presented with a slew of other in February, which seems like an age plete soundtrack to Mamma Mia, available to the public. was replaced by the full request with actually criminal if it occurred in the Belmarsh prison. been examined by the court. There Access denied, adjournment denied, material which will have no bearing ago. It has now been given a new or might fart loudly. Precisely why Edward Fitzgerald QC stood a new, second indictment which had UK. This was even without consid- The defence would plainly need was no example of alleged conduct on the small expansion of count 2”. boost. this would damage “the interests of up to speak again, and Baraitser been the basis of these proceedings ering the test of dual criminality in time to prepare answers to these not being considered by the court. exposition of defence evidence Baraitser adjourned the court How the defence will deal justice” we are still left to ponder, addressed him in a quite extraor- before today. A whole series of hear- the US also, which had to be passed new charges, but it would plainly be The defendant could seek extra time “for 10 minutes” while she went out with the new charges we shall see. with no further help from the mag- dinary tone of contempt. What she ings had taken place on the basis of before the conduct was subject to unfair to keep Assange in jail for the if needed but the new allegations denied, removal of superseding to consider her judgement. In fact she It seems impossible that they can do istrate. But evidently the interests of said exactly was: “I have given you that second indictment. extradition. months that would take. The defence must be examined. took much longer. When she returned this without calling new witnesses to justice were, in her view, best served every opportunity. Is there anything The new superseding indict- It was unthinkable that allega- therefore suggested that these new Summers replied that Smith indictment charges denied. she looked peculiarly strained. address the new facts. But the wit- if almost nobody could examine the else, really, that you want to say”, ment dated from 20 June 2020. In tions of this magnitude would be the charges should be excised from the was “wrong, wrong, wrong, and Baraitser ruled that on 14 ness lists had already been finalised “justice” too closely. the word “really” being very heavily February and May 2020 the US gov- subject of a Part 2 extradition hearing conduct to be considered by the wrong”. “We are not saying that you August she had given the defence the on the basis of the old charges. That The next “housekeeping issue” emphasised and sarcastic. Fitzgerald ernment had allowed hearings to within six weeks if they were submit- court, and they should go ahead with can never submit a new indictment, context of considering the request as witnesses to hustle the case through, opportunity to apply for an adjourn- the defence should be forced to pro- to be addressed was how witnesses refused to be sat down, and he stated go ahead on the basis of the second ted as a new case. Plainly that did the evidence on criminal behaviour but you cannot do it six weeks before now presented. indeed the attempt to ensure their ment, and given them seven days ceed with the wrong witnesses seems should be heard. The defence had that the current case featured “sub- indictment, giving no warning, even not give the defence time to prepare, confined to what conduct had previ- the substantive hearing”. The impact Baraitser simply ignored the evidence was not spoken in court to decide. On 21 August the defence crazy, but frankly, I am well past called numerous witnesses, and stantial and novel issues going to though they must by that stage have or to line up witnesses to these new ously been alleged. of what Smith had said amounted to argument that while there was indeed except those parts which the prose- had replied they did not want an being surprised by anything in this each had lodged a written statement. fundamental questions of human known the new superseding indict- charges. Among the issues relating to Summers argued it was no more than “Ha ha this is what we “nothing to prevent” the defence cution saw fit to attack in cross-exam- adjournment. They had not replied fake process. ■ The prosecution and Baraitser both rights”. It was important the evi- ment was coming. They had given these new charges the defence would “entirely unfair” to add what were in are doing and you can’t stop us”. A from answering the new allegations ination, had been breathtaking. The that they had insufficient time to con- suggested that, having given their dence was given in public. It also gave neither explanation nor apology for wish to address, were that some were law new and separate criminal alle- substantive last minute change had as each was considered, they had effort by the defence to excise the last sider. Even today the defence had More amazing reports from the court evidence in writing, there was no the witnesses a chance to emphasise this. not criminal, some were out of time gations, at short notice and “entirely been made with no explanation been given no time adequately to minute superseding indictment had not applied to adjourn but rather by Craig Murray on his website: need for defence witnesses to give the key points of their evidence and The defence had not been prop- limitation, some had already been without warning and not giving the and no apology. It could not be the prepare. Having read out her pre-pre- been a fundamental point disposed had applied to excise charges. They that evidence orally in open court. where they placed most weight. erly informed of the superseding charged in other fora (including defence time to respond to it. What is case, as Smith alleged, that a power pared judgement to proceed on the of summarily. Yet again, Baraitser’s “cannot have been surprised by my It would be much quicker to go Baraitser called a brief recess indictment, and indeed had learnt of Southwark Crown Court and courts happening here is abnormal, unfair existed to excise charges in fairness basis of the new superseding indict- demeanour and very language made decision” against that application. straight to cross-examination by the while she considered judgement on its existence only through a US gov- in the USA). and liable to create real injustice if to the prosecution, but no power ment, Baraitser adjourned the court little attempt to disguise a hostility to Therefore they must have been pre- prosecution. this issue, and then returned. She ernment press release on 20 June. It There were also important allowed to continue”. existed to excise charges in fairness for lunch. the defence. pared to proceed with the hearing. For the defence, Edward found against the defence witnesses had not finally been officially served questions to be asked about the ori- The arguments submitted to the defence. At the end of the day I had the We were for the second time Their objections were not based on Fitzgerald QC countered that justice giving their evidence in open court, in these proceedings until 29 July, gins of some of these charges and by the prosecution now rested on Immediately Summers sat opportunity to speak to an extremely in the day in a break thinking that new circumstance. The conditions of should be seen to be done by the pub- but accepted that each witness just six weeks ago. At first, it had the dubious nature of the witnesses. these brand new allegations. For down, Baraitser gave her judgement distinguished and well-known lawyer events must now calm down and get Assange in Belmarsh had not changed lic. The public should be able to hear should be allowed up to half an hour not been clear how the superseding In particular the witness identified example, the prosecution now coun- on this point. As so often in this hear- on the subject of Baraitser bringing less dramatic. Again we were wrong. since 21 August. They had therefore the defence evidence before hearing of being led by the defence lawyers, indictment would affect the charges, as “teenager” was the same person tered the arguments on the rights of ing, it was a pre-written judgement. pre-written judgements into court, Court resumed 40 minutes late missed their chance and the motion 4 Week l y Leaks Week l y Leaks 5

A wiki, which is what the Most Wanted Leaks list was, is a public- ly-editable, collaborative project created by its contributors, some of WikiLeaks pioneered whom are likely to have been jour- A Kafkaesque farce nalists asking for documents of public importance. To assist the court, I exhibit The defence, having learned The US essentially has to prove Rogers, an Emeritus Professor of case would “criminalise every journal- some explanations of the concept of Angela Richter about this through a press release that Assange will not be extradited Peace Research at Bradford University. ist”. He explained that if the charges secure submission a wiki. Theatre director and columnist for the only a few weeks before the hearing for political reasons, since British law On the third day of the hearing, against Assange had been raised in I have been provided with a German weekly newspaper Die Welt was due to begin — and hence lacking prohibits the extradition of politically his testimony was also intended to the 1970s, the Watergate reporters copy of the Most Wanted Leaks List sufficient time or direct contact with persecuted persons. After the first underscore the politically motivated Woodward and Bernstein would have of 2009 (already filed in these pro- Excerpt translated from the German Assange — was now presented with round of the hearing in February, nature of the case, and it succeeded. been thrown in jail, which would have ceedings) by the instructing solicitors article Der Prozess, initially published a dilemma. Lawyer Mark Summers most trial observers agreed that the Not only did he explain that the war had a major impact on the course of systems for journalism and I note that the title of the list is in Die Welt explained that the defence did not evidence of the prosecution was documents from Iraq and Afghanistan world-historical events. “Draft – Most Wanted Leaks of 2009”, want to prolong Assange’s excruci- rather thin. In a tweet on Monday, revealed many more civilian casual- Timm then defended WikiLeaks’ and that is described as requesting On the morning of the start of the ating imprisonment any further and Edward Snowden called the trial a ties than previously known, but also approach by arguing that more than nominations for “the concealed doc- hearing, as I arrive at London’s Central therefore initially declined the offer “Kafkaesque farce”. He is following that “they exposed the whole fiction 80 media organisations currently asking for leaked documents of pub- system is now available in 10 lan- have advocated for leaks in cases uments or recordings most sought Criminal Court, the Old Bailey, one of adjournment and filed a request the trial — which is expected to last of the success of the war; both wars use the same journalistic practices as Trevor Timm lic importance. The idea that every guages and used by more than 70 where the US secrecy system is hid- after by a country’s journalists, activ- to two hundred people have already for the judge to dismiss the new between three and four weeks — from went badly wrong from the start. WikiLeaks. Some even going so far as Co-founder and executive director of single story since the dawn of time media organisations worldwide, ing abuse, corruption, or illegal acts. ists, historians, lawyers, police, or gathered outside to demonstrate their accusations. Moscow via Twitter. Wikileaks is still an important archive to place ads openly calling on poten- the Freedom of the Press Foundation has come from documents being including The New York Times, Wall In 2014, I published an article specif- human rights investigators”. support for Julian Assange. On the Baraitser, however, allowed the A number of witnesses for the for scholars who are trying to fathom tial whistleblowers to submit secret dropped on the doorsteps of jour- Street Journal, Associated Press, USA ically calling for the leak of the classi- WikiLeaks was not the only street along the entrance, there is new charges, which led to the law- defence, including the esteemed both wars”. When asked why he information. These are common prac- Extract from his testimony at the nalists, without those journalists Today, Bloomberg News, CBC, and fied version of the Senate Committee organisation involved in the devel- chanting, singing and dancing. yers, after a brief consultation with American linguist Noam Chomsky, believes Assange is being prosecuted tices of journalism. Assange extradition hearing asking for information, or returning The Toronto Globe and Mail. I exhibit report on CIA Torture and tweeted opment of such a list at that time. It is a colourful hustle and bustle Assange, to finally file a request for intend to prove in court that this is a by the US government, he replied Timm also pointed out that to the source for more information, examples of media organisations about it, as did others. The Center for Democracy and which reminds me that in the long his- adjournment until January. It was in political case. During the first days, that “the Trump administration sees Trump had tweeted attacks on the The decision to indict Julian Assange borders on fantasy. Journalists have using SecureDrop. At that time, the government Technology maintain a similar list tory of this impressive judicial build- press on more than 2200 occasions, on allegations of a “conspiracy” agencies that had been given respon- and did so in 2009. ing, dark scenes have also taken place repeatedly calling it an “enemy of the between a publisher and his source sibility for conducting the “declas- The US do not mention the here. Executions by hanging, right in people”. He added that this was the or potential sources, and for the sification review” included the CIA crowd-sourced nature of the Most front of the courthouse, were a public perfect opportunity for Trump to set publication of truthful information, If Julian Assange is themselves, the same agency accused Wanted Leaks list in their indict- spectacle until 1868. a precedent in order to punish other encroaches on fundamental press in the report of systematically tor- ment, instead attributing the list to The convicted were led on the media in the future. He described the freedoms. extradited, this precedent will turing detainees (an illegal act under Julian Assange himself. “Dead Man’s Walk” in front of the charge as unconstitutional. The routine and protected activ- both domestic and international law). I exhibit a recent analysis by my building , killed and then buried on Later, WikiLeaks employee ities of journalists to interact with be used against other journalists The report also accused the CIA of previous employer, the Electronic the spot. Today a temporary stage Joseph Farrell told me that there had their sources are cast as criminal. subsequently lying about the pro- Frontier Foundation, which explains stands there, from which Assange’s indeed been an attempt to pass a Encryption tools and cloud and publishers because gram to Congress. how the wiki could be edited by the supporters will take turns giving law criminalising common press tac- storage are deemed suspicious even Just some of what we know from public, and sets out the reason why short speeches. tics — but that this had been rejected though journalists frequently con- prosecutors will be able to say the unclassified Executive Summary the contributors to the Most Wanted Among them are well-known by the US Congress: “The Congress duct their relationships with their report is that the CIA covertly Leaks page (whomever they were), faces such as British designer confirmed that these press strate- sources through digital means. That that their similar journalistic developed a program of so-called or indeed any type of wiki like this, Vivienne Westwood, Australian jour- gies were never illegal and explicitly does not make those activities any less “enhanced interrogation techniques” are in my opinion and in the opinion nalist John Pilger, German left-wing decided that they should remain so. deserving of constitutional protection activities equally did not have to torture detainees, made inaccu- of many First Amendment experts, MP Heike Hänsel and Wikileaks edi- The freedom of the press is thus still through the First Amendment. rate claims about the effectiveness constitutionally protected: “[T]he tor-in-chief Kristinn Hrafnsson. In protected by the First Amendment of First Amendment protection. of such “techniques” (some of which Most Wanted Leaks page epitomises the crowd—where most are wearing the US Constitution”. were leaked to the press), avoided one of the most important features masks or social distancing — I come Then Lewis rose for cross-ex- Secure Submission congressional oversight, impeded of WikiLeaks: that as a publisher, it across John Shipton, Julian Assange’s amination and noted that the US gov- Systems such as to develop relationships with their Every organisation that uses oversight by CIA Headquarters, the served the public interest. WikiLeaks father, who has been traveling around ernment “does not consider Julian sources. When a claim is made, it SecureDrop has to tell the world that Department of Justice and the Office served activists, human rights the world for the past months garner- Assange to be a journalist”. Timm SecureDrop cannot simply be printed immedi- they have this facility. On their web- of the Inspector General and in doing defenders, scholars, reformers, jour- ing support to save his son’s life. I first argued against this, that it is not up ately. A journalist will ask for clarifi- sites, you will find instructions on so, led and sustained a program of nalists and other members of the met Shipton eight years ago at a small to the government to decide who is WikiLeaks pioneered a secure sub- cation, evidence or documentation how to communicate tips and docu- grave criminality for years after the public. With the Most Wanted Leaks Christmas party at the Ecuadorian a journalist and who is not, as this mission system for journalistic to substantiate a claim. Where there ments securely to each news organi- 9/11 attacks. page, it gave members of the public Embassy when Assange was granted is “the right of everyone” and that sources prior to 2010. They devel- is incomplete information, making sation. FPF also has a guide for how I called for the release of the a platform to speak anonymously asylum. Assange is clearly “involved in jour- oped a platform for secure commu- a request to a source for more is a sources can use it safely. report because I believed that the about documents they believed Soon I find myself pushed aside nalistic activities”. Lewis then pointed nication between sources and media common practice for journalists in The “secure tip” pages pub- American public’s right to know what would further public understand- as Shipton is surrounded by report- to a statement by the US Department organisations that was unique at the US and around the world. If this lished by news outlets often ask for had been done in our name would ing. It’s an astonishingly thoughtful ers, and willingly gives one inter- Wikileaks as a threat” and that “this is of Justice that Assange will not be that time and allowed journalists to is a crime, thousands of journalists newsworthy information and docu- likely only be vindicated if someone and democratic way for the public to view after another. Later he tells me an administration that sees everything prosecuted for publishing secret doc- receive communications from their would be committing crimes on a ments. Some use careful, legalistic with a conscience was brave enough educate and communicate their pri- that he is happy for any attention, Essentially, the US has to from a political standpoint”. He also uments. Timm responded that he sources in a way that attempted to daily basis. language; others are more explicit to leak the full report and hold the orities to potential whistleblowers, because Covid has pushed almost reminded the court that President based his conclusion “on facts and not ensure that the sources’ safety and It is my view that this type of saying “leak to us”. In 2020, the use CIA accountable for its crimes once those in power, and other members all other topics off the front pages in prove that Assange would not be Trump had even demanded the death on US government press releases”. security were protected. speech has historically been pro- of secure messaging tools to commu- and for all. of the public”. recent months. penalty for Assange, if found guilty. When asked about the publica- Prior to WikiLeaks, this concept tected by the First Amendment. nicate with sources is so widespread, The full report remains classi- Requesting more documents In the meantime, another dissi- extradited for political reasons, In cross-examination, the prosecu- tion of aliases of Iraqi and US infor- had generally not been attempted Moreover, courts in the US have it’s generally considered negligent fied and there have still never been from a source, posting online about dent has made it to the world head- tor James Lewis attacked Professor mants by WikiLeaks, Timm replied before. However, once WikiLeaks explicitly and implicitly recognized not to provide sources with some any criminal prosecutions for individ- documents which are in the pub- lines, but this one is from Russia. The since British law prohibits Rogers’claim that the prosecution of that he never claimed that WikiLeaks began gaining global attention at that any attempt to seek criminal level of security and reassurance. uals involved in the torture and abuse lic interest, using an encrypted political handling of the Nawalny case, the extradition of politically Assange was political. Rogers replied – and by the same token The Guardian around the time of the Afghan and or civil sanctions against the press In my experience, journalists of prisoners. In fact, the only reason chat messenger, or trying to keep a in which a poison attack was carried that it is certainly a political question or The New York Times – had perfect Iraq War Logs, mainstream news for appearing to incentivize sources will invite people to use their secure the American public ever heard about source’s identity anonymous are not out, stands in strong contrast to the persecuted persons. considering this prosecution is taking editorial judgement, and that it was organisations took notice and started to supply information on newswor- submission systems frequently. In the classified torture program to crimes; they are vital to the journal- German government’s loud silence in place now and not eight years ago, not for the “US government to deter- to set up their own secure systems for thy topics faces substantial First fact, we actively encourage them to begin with was because whistleblow- istic process. ■ the Assange case. Yet Assange’s years when the revelations were current. mine whether editorial judgement is the same purpose. Amendment difficulties. I would par- do so, as the only way anyone will ers bravely told journalists about it, of persecution by the USA are a threat On this point Lewis conceded that the criminal or not. The First Amendment Organisations such as the Wall ticularly like to draw attention to a know it exists is if it is advertised. and news outlets were willing to cor- 1 SecureDrop was created by Aaron to Western democracy. turn abruptly rejected by Baraitser some witnesses of the defence were decision to “reopen the investigation” is not a balancing act, it also covers Street Journal and Al Jazeera were law review article written by one of For example, Pulitizer Prize roborate and publish the details. Swartz who died in 2013 aged 26, after Since his arrest at the Ecuadorian because they had rejected her ear- connected by video link to face a was political, and added that this was unpopular truths and issues”. amongst the next to create such sys- the country’s leading and respected reporter David Fahrenthold puts a I consider this type of speech facing a federal prosecution under the embassy in April 2019, Assange has lier offer. challenging cross-examination by US a matter of “timing”. In the first week, the defence tems for their investigative journalists, First Amendment attorneys that dis- link to SecureDrop in emails he sends advocating for such leaks to be pro- Computer Fraud and Abuse Act for been held in remand in the high-se- So on the very first day, a Attorney James Lewis. There were In the end, Lewis asked Rogers tried to use rational arguments to jus- but efforts by organisations other than cusses compelling historical exam- to people he contacts in an attempt tected by the First Amendment, while allegedly downloading academic arti- curity prison of Belmarsh in London. scene occured which exposed the several technical glitches which hin- why Trump should prosecute tify that this was indeed a politically WikiLeaks were quite quickly criti- ples of news stories which may not to learn more about the subjects he the prosecution appear to view this as cles from JSTOR whilst a student at Sixteen months have passed since absurd nature of this trial: after dered the course of the hearing. Assange, after repeatedly stating “I motivated prosecution — which there- cised by security experts for their lack have been published if the First is covering. It is common for organ- a criminal act of “actively soliciting” MIT. A superseding indictment against then and Assange still has to spend being brought in a white van with Among the witnesses was Clive love Wikileaks” during the election fore renders it unlawful under the of cybersecurity protections and they Amendment had not protected jour- isations to go further and target par- classified information. him amounted to US$1 million and 50 twenty three hours a day alone in his blacked out windows from Belmarsh Stafford Smith, a British-American campaign. The Professor does not terms of the 2007 extradition treaty were soon shut down. For a while, nalists in this way: ‘Handcuffing the ticular groups of individuals who Similarly, I also note in the years imprisonment as a maximum cell. Due to the Covid measures, nei- to court, Assange is first formally lawyer permitted to practice in Great attach much importance to Trump’s between the United Kingdom and the WikiLeaks was the only organisation Press: First Amendment Limitations might have access to sought-after indictments the repeated references penalty. He tragically took his own life ther his family nor his lawyers have released from prison in his cell in the Britain. He had been legally active words, saying that a major trial against United States that operated such a secure system. on the Reach of Criminal Statutes as information which is of interest to to the “Most Wanted Leaks” of 2009 before his trial. been allowed to visit him. The UN Old Bailey, only to be arrested again against the death penalty since 1999, an “enemy of the state” would be a The tactic of the prosecutions, At that time, I was involved in Applied to the Media. their publication. In fact, some news document presented as “Assange’s Special Rapporteur on Torture, Nils immediately afterwards. but after September 11, 2001 special- great advantage for the Trump admin- however, is to attack and discredit the creation of Freedom of the Press In 2013, FPF adopted and began outlets have even run advertisements solicitation of classified information See Trevor Timm’s full testimony Melzer, and various human rights When he is then led into the ised in torture, illegal detention and istration. He was probably alluding to the witnesses in their competence Foundation (FPF) with a number developing ‘SecureDrop’1, an open encouraging whistleblowers to get in made through the WikiLeaks web- and exhibits, along with other organisations have been asking for his courtroom by two guards, he his extradition in connection with the the upcoming US election campaign. as experts, which it has largely failed of individuals including Pentagon source platform for secure commu- touch through their SecureDrop. site”, suggested that Assange alone witness statements: release for months, so far to no avail. seated behind a pane of bullet-proof “war on terror”. That afternoon, the most excit- to do. Papers whistleblower Daniel nication between sources and media was encouraging and causing indi- The US prosecutors have used glass, the camera panning on him Stafford Smith stated that the ing cross-examination of the first On the third day, when Julian Ellsberg. Overclassification was run- organisations. This was in the wake viduals to illegally disclose protected the Covid break to bring up new for a while. For a moment he looks publication of diplomatic cables by week so far took place. This time, the Assange’s father steps out of the ning rampant in the government and of several controversies involving Making requests information including classified charges against Assange, with a few over at Stella Moris, his fiancée, and Wikileaks had been of great benefit witness was Trevor Timm, a press courthouse during the lunch break, was being used to cover up abuse the US government inappropriately from sources: Online information to WikiLeaks in a man- elements added. One of the accusa- blows her a quick kiss with his hand. to litigation in Pakistan over illegal freedom expert and founder of the supporters greet him with a warm and illegality. In response, we called accessing journalists’ communica- ner contrary to the law. This is simply tions is that Assange actively tried to His hair is cut short, he wears a suit drone attacks. The drone attacks Freedom of the Press Foundation. “Happy Birthday”. For a brief moment whistleblowers to come forward and tions records while they were speak- speech and Wikis not correct. recruit hackers to find classified gov- and a light-coloured shirt with a tie. have been gradually halted thanks After another technical malfunction his face, which is marked by con- we encouraged news outlets to pub- ing with their sources. In 2014, the WikiLeaks was originally ernment information. Another is aid- Despite his well-groomed appearance to the publication of the documents. he was connected via video link from cern, lights up. The scenes in London licly report on these classified gov- Washington Post and the Guardian Individual journalists often make intended to be a “wiki”, and although ing and abetting the escape of NSA he appears exhausted. In 2019, there was no a single drone the USA. deserve more attention from those ernment programs. both starting using SecureDrop. requests for specific documents, they later evolved in a different direc- whistleblower Edward Snowden from What exactly were the first few attack in Pakistan. Timm emphasised that a victory who are most affected by this trial: all WikiLeaks is not unique in The whistleblower submission through Twitter for example. I myself tion, they kept that part of their name. Hong Kong. days of the hearing about? Another witness was Paul of the US government in the Assange the journalists around the world.■ 6 Week l y Leaks Week l y Leaks 7

these civilians killings had never been control to stop this and expressed of the eighteenth century set the stan- • In 1953, the New York Times containing classified information previously disclosed anywhere. fear that his own military might “take dard that has continued ever since. published the entire text — more than during the previous decade. In 2012, • American forces in Iraq rou- me out”. Many exposed governmental deceit, 200,000 words — of secret minutes a Harvard University law professor A popular history of journalism tinely turned a blind eye when the US These and other WikiLeaks rev- illegality, or abuse of power. Most and other records documenting the tallied “hundreds of stories” that backed government there brutalized elations shocked many American cit- shed light on governmental decision meeting in Yalta between Winston appeared in the New York Times and detainees, subjecting them to beat- izens, who learned for the first time making that furthered public knowl- Churchill, Franklin Roosevelt and Washington Post that contained “self ings, whippings, burnings, electric what their government was doing edge and understanding of govern- Joseph Stalin to divide Europe into reported disclosure of classified infor- shock, and sodomy. in their name with their dollars. mental policy. spheres of influence after World War II. mation”, plus many more “classified • After WikiLeaks published According to Edward Wasserman, Gaps in the historical record • In 1961, days before US-backed tidbits” that weren’t advertised as and whistleblowing vivid accounts compiled by US dip- dean of the graduate school of jour- prevent a full accounting of the Cuban exiles invaded the Bay of such [emphasis added]. According to lomats of rampant corruption by nalism at the University of California countless national security secrets Pigs, the New York Times and other still another governmental study, clas- Assange is part and parcel of its cam- are generally employees, or at least researchers have variously referred women’s suffrage, labor unions, pac- Tunisian president Zine el-Abidine at Berkeley, “WikiLeaks enabled spec- published in the press, but the most American media outlets reported that sified leaks to the press are a “daily Mark Feldstein paign against the news media as a have firsthand knowledge about, to WikiLeaks as an exemplar of “data ifism, socialism and other unpop- Ben Ali and his family, ensuing street tacular disclosures of official secrets... significant cases have been docu- an invasion to overthrow premier occurrence”. In 2013, a detailed study Journalism historian and professor at whole. Indeed, Assange’s criminal the institutions they are blowing the journalism”, a “news agency” in an ular movements. Like WikiLeaks, protests forced the dictator to flee to that exposed outrageous, even mur- mented by scholars. Among them: Fidel Castro was imminent; these by a Columbia University law pro- the University of Maryland indictment under the US Espionage whistle on; that role was not played expanding “media ecosystem”, a America’s editorial activists pub- Saudia Arabia. When the unrest in derous wrongdoing”, including “war • In 1844, the New York Evening detailed accounts listed locations of fessor found that “thousands upon Act is arguably its most important by Assange, who did not work for the “networked fourth estate”, and the lished unfiltered documents with Tunisia spread to other Mideast coun- crimes, torture and atrocities on civil- Post published President John Tyler’s training and staging stations, antici- thousands of national security related Witness statement at the Assange action yet against the press, with Army. Nor is Assange merely a passive world’s first “stateless newsroom”. By minimal contextualizing and rarely tries, WikiLeaks was widely hailed as ians”. Assange “was midwife to some secret proposal to annex Texas, which pated troop levels, and other military leaks to the media” have occurred. extradition hearing potentially the most far reaching data dumper; he actively engaged in prompting “new alliances between bothered to interview both sides. a key catalyst for this “Arab Spring”. of the most sensational and genuinely was then an independent country. tactics and strategy. In short, leaks of classified infor- consequences. editorial decision making by choos- both emerging and legacy media out- Then and now, alternative news out- • In Afghanistan, the US consequential journalistic disclosures • In 1846, the Philadelphia North • In 1969, the New York Times mation to the press have become rou- Trump’s campaign ing what information to solicit and lets”, one scholar wrote, “WikiLeaks lets exposed and opposed govern- deployed a secret “black” unit of spe- of recent years” and provided “hugely American published the full text of a revealed that President Richard tinized in Washington. One veteran how, working with the whistleblower has precipitated a game changing ment authorities. Then and now, they cial forces to hunt down “high value” significant information to the public”. secret treaty proposal between the Nixon had secretly authorised covert journalist from the New York Times, against the press Is Assange a who had access to it, organizing the moment in the history of journalism”. were scorned and vilified as threats to Taliban leaders for “kill or capture” bombing of Cambodia, expanding the Max Frankel, famously explained journalist? material, and then deciding what to Assange does not pretend to be objec- the established order. But they were without trial. US war in Vietnam that he claimed to how the system works: Since he took office, President Donald make public and how. As for “infor- tive. He is in part a political provoca- often ahead of their time; for just • The US government be winding down. The reporter and the official Trump and his administration have When the US Justice Department mation broker”, all journalists and teur and he espouses an ideology of as yesterday’s heresy is tomorrow’s expanded secret intelligence collec- Activist publications have • In 1972, the Washington Post trespass regularly, customarily, easily, waged a relentless campaign against announced Assange’s indictment news media outlets are information radical transparency. He believes the orthodoxy, yesterday’s radical jour- tion by its diplomats at the United published information contained in and unselfconsciously (even uncon- individual journalists and the news under the Espionage Act, the chief nalist is tomorrow’s distinguished Nations and overseas, ordering been a staple of American classified FBI files about the involve- sciously) through what they both media as an institution in a manner of its national security division, publisher. envoys to gather credit card num- ment of the Nixon White House in the know to be official “secrets”. that is unprecedented in American John Demers, declared that “Julian Although some traditional jour- bers, work schedules, and frequent journalism, championing burglary of the Democratic party’s Presidents make “secret” deci- history. He has publicly attacked jour- Assange is no journalist” and thus nalists reject the notion that Assange flyer numbers of foreign dignitaries headquarters at the Watergate build- sions only to reveal them for the nalists as “enemies of the people” not protected under the free press is a publisher or WikiLeaks a news — eroding the distinction between radical causes such as the ing in Washington. purposes of frightening an adversary or purveyors of “fake news” more clause of the US Constitution’s First outlet, this cramped view fails to foreign service officers and spies. • In 2004, the New Yorker mag- nation, wooing a friendly electorate, than 600 times and denounced the Amendment. understand historical context: jour- • Saudi Arabian King Abdullah abolition of slavery, women’s azine published gruesome photos protecting their reputation. news media as a whole as “sick”, But the First Amendment nalism is ultimately dynamic not secretly implored the US to “cut off and detailed excerpts of a classified The military services conduct “dishonest”, “crazed”, “unpatri- makes no such definitional demands static and has evolved and expanded the head of the snake” and stop Iran suffrage, labor unions, 53 page government report docu- “secret” research in weaponry only otic”, “unhinged” and “totally cor- and in fact the Constitution does not over the years in technology, con- from developing nuclear weapons menting US torture of captives at the to reveal it for the purpose of enhanc- rupt”. Trump has repeatedly baited mention journalism at all; at the time tent, format, technique, and style: even as private Saudi donors were pacifism, socialism and other Abu Ghraib prison in Iraq. ing their budgets...The Navy uses and bullied reporters, whipping up it was written, journalism in its con- from newspapers, pamphlets and the number one source of funding to • In 2005, the Washington Post secret information to run down the crowds in rallies to vilify them. He temporary sense did not exist. A “free magazines to radio and television to Sunni terrorist groups worldwide. unpopular movements. disclosed that the CIA had been hid- weaponry of the Air Force. The Army has threatened to revoke government press” referred to the printing press the Web; from text to audio to video; • Customs officials caught ing and interrogating important al passes on secret information to prove issued broadcast licenses of television as technology, the written counter- from handwritten illustrations to Afghanistan’s vice president carry- Qaeda captives at secret “black sites” its superiority to the Marine Corps. stations and networks that have crit- part to verbal speech; its purpose was photographs to interactive graphics; around the world, effectively hiding High officials of the Government icised him. He praised the physical “securing the right of every person to from discursive partisan polemics to torture of prisoners. reveal secrets in the search for sup- assault of a British reporter, proposed use communications technology and objective news dispatches to indepth • In 2010, the Baltimore Sun port of their policies, or to help sab- the establishment of state television not just securing a right belonging narrative exposés to massive search- published a report about alleged otage the plans and policies of rival to counter mainstream news outlets, exclusively to members of the pub- able databases. government mismanagement involv- departments. Middle-rank officials and pressed his FBI director to stop lishing industry”. Each new wave of journalistic ing a classified project code named of government reveal secrets so as to leaks by “putting reporters in jail”. Courts have upheld this inter- innovation and disruption has pre- Trailblazer, a tool for sifting digital attract the attention of their superiors In the words of the non-profit organ- pretation to the present day while dictably encountered disparagement communications. or to lobby against the orders of those isation PEN America, “The President expanding the definition to include from older competitors and resis- • In 2008 and 2009, the New superiors.... has declared war on all but the most modern technologies of communica- tance from others riled by the new York Times and other news outlets For the vast majority of fawning news organisations, exhib- tion as well. A free press offers “equal order. reported classified information about “secrets”, there has developed...a iting his antagonism in an almost treatment for all speakers...who use WikiLeaks is no exception. It is the capture and brutal interrogation rather simple rule of thumb: The daily barrage of tweets, press state- mass communications technology, a digital publication, however unorth- of suspected Al Qaeda member Abu Government hides what it can, plead- ments, and directives. Threats by the whether or not they are members of odox, and Assange is unmistakably its Zubaydah. In 2013, the Washington ing necessity as long as it can, and the President against newspapers, net- the press [as an] industry”. Assange, publisher. Indeed, because of the sig- Post quoted from classified intelli- press pries out what it can, pleading works, news sources, and individual in other words, is protected by the nificance of what he revealed — and his gence documents that revealed a a need and a right to know. Each side journalists have become the norm First Amendment whether he quali- pioneering use of the encrypted digi- secret US government program code in this ‘game’ regularly ‘wins’ and [as] Trump shows open contempt for fies as a journalist or not. Nonetheless, tal drop box to protect whistleblowers named PRISM that tracked foreign ‘loses’ a round or two. Each fights freedom of the press”. because prosecutorial decision mak- and gather secret documents all over targets by using “bulk surveillance” with the weapons at its command. The Trump administration’s ing in this case seems to have been the world — Julian Assange can accu- to extract photos, emails, and video When the Government loses a secret attacks on the press have not been affected by the issue of whether rately be described as one of the most chats from Facebook, Google, Skype, or two, it simply adjusts to a new real- limited to words alone. The White Assange is a “journalist”, and because consequential publishers of our time. Apple, Microsoft, YouTube, and other ity. When the press loses a quest or House issued an executive order of the ways in which President Trump Internet companies. two, it simply reports (or misreports) increasing postal rates to punish the has politicised the issue of journal- Importance of • In 2014, the McClatchy news as best it can”. “Fake News Washington Post” for its ism, such designations are worthy of service reported that the CIA was critical coverage after Trump report- examination. “There has never been Assange’s disclosures: spying on a Senate committee that edly said that he wanted to “fuck a fixed definition of who is (and is not) was compiling a critical report on CIA Government with” the newspaper’s publisher. a journalist, in part because there has Assange’s publishing of classified torture. exaggerates harm His administration allegedly retali- never quite been agreement on what records — along with his partnership • In 2015, the online news outlet ated against another journalistic bête is (and is not) journalism”, two media with the world’s leading newspapers, The Intercept posted classified docu- from publishing noire, CNN, by stopping a poten- scholars have noted. In the US, “there brokers, intermediaries providing US government’s “surveillance state” such as The Guardian, New York ments about the US military’s use of national security tially lucrative corporate merger of are no educational prerequisites of information from their sources to keeps its citizens in the dark through Times, Der Spiegel, Le Monde, and ing $52 million in unexplained cash Historic ubiquity of US and Britain over a border dispute drones to assassinate foreign targets. the news network’s parent company its practitioners, no entrance exam, the public. “Media”, the plural of the government censorship and a supine others — has exposed on a worldwide during a trip abroad, just one exam- in Oregon. • In 2017, The Intercept pub- information after the president declared, “I want license, or certification that deems Latin word “medium”, means “mid- mainstream media, and has become scale significant governmental duplic- ple of the endemic corruption at the publishing classified • In 1848, the New York Herald lished excerpts of a top secret report that deal blocked!” The White House one a journalist, and no formal cre- dle ground or intermediate”. The one of the world’s greatest threats to ity, corruption, and abuse of power highest levels of the Afghan govern- documents published a secret draft of the Treaty about Russian attempts to hack US US prosecutors allege in their indict- intervened to revoke the security dentialing body that would enforce news media is an intermediary, “bro- democracy. The antidote, in his view, that had previously been hidden ment that the US has helped prop up. of Guadeloupe-Hidalgo, which ended elections software. ment that Assange endangered con- clearances of ex-government offi- the fidelity of such definitions”. kering” information from sources to are massive, well publicized leaks to from the public. In journalistic terms, • The US released “high risk In the US, newspapers have pub- the Mexican-American War. • In 2018, The Intercept fidential government informants cials working for television networks Some view Assange as a whis- the public. expose the truth. these scoops were blockbusters. enemy combatants” from its mil- lished excerpts of secret or classified • In 1871, the New York Tribune uploaded a cache of classified docu- and jeopardised America’s national after they criticised administration tleblower or source, not a journalist. It is true that Assange is not a Such political advocacy in Among them: itary prison in Guantanamo Bay, documents ever since the nation’s published a secret treaty between the ments about how the US was recruit- security. But as one legal scholar has policies. The Trump administration Others have said he doesn’t practice traditional journalist who works for journalism has a long and noble tra- • A disturbing videotape of Cuba who then later turned up again founding. In the 1790s, the news- US and Britain settling claims arising ing informants in foreign countries. observed, “[c]laims of dire conse- has dramatically escalated the num- journalism, he does “data dumps”. a profit making media corporation. dition in the US, going back to the American soldiers firing on a crowd in Mideast battlefields. At the same paper Aurora printed verbatim the from the American civil war. • In 2018, CNBC television cited quences from the disclosure of classi- ber of criminal investigations into Still others have called him an “infor- He does not conduct interviews to get “patriot” printing presses that urged from a helicopter above Baghdad, time, Guantanamo prisoners who secret draft of a treaty that the US • In 1890, the Washington Post classified intelligence reports that fied information are easily made, but journalistic leaks and indicated that mation broker”. “both sides” of a controversy, and he the overthrow of British colonialism killing at least 18 people; the soldiers proved harmless — such as an 89 year was negotiating with Britain, along and New York Times published a Russia successfully tested a hyper- difficult to prove — or for that mat- reporters themselves may be prose- These distinctions are partly publishes unfiltered documents with in the 1770s. In the early days of the laughed as they targeted unarmed old Afghan villager suffering from with President George Washington’s secret extradition treaty between the sonic weapon that the US is unable to ter, to disprove because the details cuted. Trump’s “use of government a matter of semantics — the lines minimal contextualizing of infor- American republic, newspapers were civilians, including two Reuters senile dementia — were held captive confidential communications to his US and Britain. defend against. themselves are frequently shrouded power to punish his media critics”, between them can be blur at the mation. Nonetheless, Assange has owned and run by political parties; journalists. for years. Cabinet and private correspondence • In 1892, newspapers published The frequency and volume of in secrecy”. PEN America stated, has created “an edges — but none of these terms accu- engaged in the essence of journalism: their primary function was parti- • US officials gathered detailed • US officials listed Pakistan’s between US and French diplomats. details of secret Senate debates about such classified leaks is impossible to Official assertions about the atmosphere in which all journalists rately characterize Assange in full. gathering and publishing newswor- san advocacy, not objectivity, often and often gruesome evidence that intelligence service as a terrorist These secret government a proposed US-UK treaty to resolve a know. A study by the Senate intelli- sensitivity of national security infor- must work under the threat of gov- But in the documents he released in thy information and documents for characterized by ardent exhortations approximately 100,000 civilians were organisation and found that it had records were the functional equiva- dispute in the Bering Sea. gence committee in 1986 counted 147 mation cannot be taken at face value ernment retaliation” and is a deliber- this case, Assange was not the whis- the public. WikiLeaks lists numerous to voters for political support — and killed after its invasion of Iraq, con- plotted with the Taliban to attack lent of classified documents (though • In 1944, the New York Times leaks of classified information to the because of the government’s long ate attempt to “stifle [the] exercise of tleblower; that role was played by journalism awards on its website; one scurrilous invective against the oppo- trary to the public claims of President American soldiers in Afghanistan — a formalized classification system did published verbatim the secret texts of nation’s eight leading newspapers in history of exaggeration. In particu- the constitutional protections of free Chelsea Manning, the intelligence such prize praised Assange for pro- sition. Activist publications have been George W. Bush’s administration, even though Pakistan receives more not exist at the time and would only American proposals for the interna- just six months — an average of more lar, overclassification of government speech and a free press”. analyst who copied the records from ducing “more scoops than most jour- a staple of American journalism ever which downplayed the deaths and than $1 billion annually in US aid. be developed in the middle of the tional Dumbarton Oaks Conference than five a week. In 2005, a study by records is widely acknowledged as Seen in this light, the admin- an Army computer and uploaded nalists can imagine...in the oldest and since, championing radical causes insisted that such statistics were not Pakistan’s civilian president, Asif Ali twentieth century). In any case, the that would give birth to the United a presidential commission identified rampant to the point of absurdity. istration’s prosecution of Julian them to WikiLeaks. Whistleblowers finest tradition of journalism”. Media such as the abolition of slavery, maintained. Approximately 15,000 of Zardari, confided that he had limited unauthorised disclosures at the end Nations. “hundreds of serious press leaks” Continued on page 8 8 Week l y Leaks Week l y Leaks 9

Failed efforts to directly applicable did not mean that classified records foundered on First A popular history of journalism and whistleblowing in its war against the press, the Nixon Amendment grounds and the long- prosecute publishers administration couldn’t stretch exist- standing precedent that publishing From the WikiLeaks archives of national security ing laws to fill the void”. Federal pros- secret records is not a crime. Continued from page 7 congressional hearings, and a judi- not be challenged effectively, or at the publication. Indeed, I have never spying program, his advisors leaked ecutors tried to prove that the press But Donald Trump’s election cial ruling that the surveillance was all”, Times lawyer James Goodale seen it even suggested that there was similarly classified information to information took part in a conspiracy to violate changed the calculus. The month “[E]very government study of the unconstitutional. said. “The government could assert such an actual threat”. advance its political agenda. In 2003, the Espionage Act but Goodale was after his inauguration, the president WikiLeaks Public issue over the last six decades has According to one scholar who whatever it wanted, and there was Nearly 50 years after the the New York Times published a Since World War I, the US government skeptical of this theory: “The Times met with FBI director James Comey found widespread classification of has studied the history of journalis- no way to disprove it”. In court, Pentagon Papers were published, series of articles based on classified has convicted a number of govern- did not intend to commit the crime of and brought up the issue of plug- information that the government had tic leaking, “there is scant evidence the administration claimed that fur- the Defense Department official in information leaked by administration ment employees who leaked national espionage. It was trying to inform the ging leaks. Comey suggested “put- Library of US no basis to conceal”, several scholars that national security has been ther publication could expose US charge of the project confessed that officials that asserted (erroneously) security information but never any public. Espionage required delivery ting a head on a pike as a message” wrote. Estimates of the extent of over harmed in any significant way by the military plans, identify CIA agents military staff had thought it “too that Saddam Hussein’s regime had of the media outlets that published of secret information to an enemy and Trump recommended “putting classification vary. “Three quarters of disclosure of government secrets”. and activities, and even prolong much work” to go through the study acquired weapons of mass destruc- them. with the intent to harm the United reporters in jail”. Three days later, Diplomacy what I read that was classified should The most famous example of the Vietnam War. The head of the “page by page” to see what should be tion. Instead of condemning the This distinction between leaker States....[B]ecause the law was writ- he instructed his attorney general to not have been”, the head of presiden- the government invoking national NSA, Admiral Noel Gayner, testified classified so instead stamped every- articles as a breach of security, the and leakee — the “source/distributor ten to apply to espionage and not investigate “criminal leaks” of “fake” tial commission investigating the 9/11 security to cover up its mistakes that publication could reveal secret thing in the files top secret”, includ- White House trumpeted them pub- divide”, as one scholar has termed it — publishing, it seemed too vague to fit news reports that had embarrassed “Investigative journalism has never been this effective!” Publico attacks said. A White House national involves the Pentagon Papers, a clas- American eavesdropping and cited ing newspaper articles, as a kind of licly because they buttressed its case has been consistently upheld over the our situation”. In particular, Goodale the White House. security aide testified that the fig- sified 7000 page study of the origins as proof a US radio intercept of a joke”. There has not been “a scintilla for war with Iraq. When a former years, primarily because the govern- wrote, section 793 of the Espionage According to press accounts, the The WikiLeaks Public Library of US Diplomacy (PlusD) ure was closer to 90%, acknowledg- of the Vietnam War that revealed North Vietnamese transistor — even of proof that any of the 7,000 pages ambassador publicly questioned the ment feared running afoul of the free Act outlawed communicating new administration soon “unleashed holds the world’s largest searchable collection of United ing that only a fraction of classified how the government had system- though the intercept turned out damaged national security”, attor- evidence, officials retaliated by once press clause of the First Amendment. national security information, not an aggressive campaign” against States confidential, or formerly confidential, diplomatic information was for “legitimate pro- atically lied to Congress and the to have already been made public ney Goodale wrote in 2013. “It’s time again leaking classified information In a handful of highly politicised publishing it: “Congress was quite Assange. CIA director Mike Pompeo communications. As of April 8, 2013 it holds 2 million records tection of secrets”. to admit that the claims of breach of to the press: the fact that the ambas- cases, presidents have exerted heavy careful not to use the word ‘publish’ publicly attacked WikiLeaks as a “hos- comprising approximately 1 billion words. The collection covers As Supreme Court justice national security made in this case sador’s wife worked for the CIA, a pressure on their Justice Department in the Espionage Act. It chose com- tile intelligence service” that uses the US involvements in, and diplomatic or intelligence reporting on, Potter Stewart observed, “when turned out to be hot air”. deliberate outing of an intelligence appointees to file criminal charges munication not publication to cover First Amendment to “shield” himself every country on earth. It is the single most significant body of everything is classified, then noth- Official assertions about Only after Nixon left office did officer’s identity that was said to put against journalists, though none were espionage....If lawmakers wanted to from “justice”. In private, he briefed geopolitical material ever published. ing is classified, and the system the full truth emerge about the case, her and others at great risk. These ultimately successful. control publication they had to say so members of Congress on a bold coun- becomes one to be....manipulated the sensitivity of national thanks to the fluke that his staff had leaks elicited no denunciations from For example, during World War specifically”. According to Goodale, terintelligence operation the agency The PlusD collection, built and curated by WikiLeaks, is updated by those intent on self protection or secretly recorded audiotapes captur- the White House. II, President Franklin D. Roosevelt this is an important distinction: was conducting that included the from a variety of sources, including leaks, documents released self promotion”. security information cannot ing the President’s hidden motive: to A double standard about leak- pressured his attorney general, “Communication has a much larger possible use of informants, penetrat- under the Freedom of Information Act (FOIA) and documents According to Jack Goldsmith, punish the New York Times for its ing was not limited to the Bush Francis Biddle, to indict Robert meaning that publication. It includes ing overseas computers, and even released by the US State Department systematic declassification assistant attorney general in the be taken at face value because critical coverage of him. “This is a administration. President Barack McCormick, the Chicago Tribune pub- conversations, broadcasting and the trying to directly “disrupt” WiliLeaks, review. Bush administration, “the principal bunch of goddamn leftwingers try- Obama said that “anyone who leaks lisher and longtime FDR critic whose like....For example, every publica- a move that made some lawmak- concern of the classifiers is not with of the government’s long ing to destroy” his administration, classified information is committing newspaper effectively revealed that tion in New York State is required to ers uncomfortable. A week later, We are also preparing the processed PlusD collection for national security, but rather govern- Nixon fumed on tape. He ordered espionage”. But in 2011, in the after- the US had broken Japanese military publish a list of its officers and direc- Attorney General Jeff Sessions said standalone distribution. If you are interested in obtaining a mental embarrassment of one sort history of exaggeration. In his staff to do “everything we can do math of a US counterterrorism oper- codes. tors. The law says that, particularly. at a news conference that journalists copy, please email: [email protected] and put ‘Request’ in or another”. Indeed, the govern- destroy the Times” because “they’re ation that killed Osama bin Laden, The president and his advisors It does not say every publication in “cannot place lives at risk with impu- the subject line. ment has frequently exaggerated the particular, over-classification of our enemies”. Nixon instructed his the New Yorker magazine published had no evidence that the newspaper New York must communicate to the nity”, that prosecuting Assange was harm caused by publishing classified attorney general to “use some really a wealth of classified secrets based story had harmed national security. public who its officers and directors a “priority” for the new administra- If you have unclassified or information as a way to hide incom- government records is widely high flown adjectives” with “strong on interviews with military and intel- Biddle tried to dissuade FDR from his are”. Federal prosecutors dismissed tion, and that if “a case can be made, declassified US diplomatic petence, misconduct, or even politi- language, like ‘a massive breach of ligence officials about the successful vendetta but he wouldn’t take no for the Boston grand jury without bring- we will seek to put some people in documents to add to the PlusD cal vendettas. acknowledged as rampant to security” to describe the dangers of raid: how national security advisors answer. The attorney general reluc- ing charges. They decided to focus jail”. The new leaders at the Justice collection please contact: For example, in 1942, the unleashing the classified documents. considered tunneling into bin Laden’s tantly appointed a special prosecutor on prosecuting the whistleblower Department dismissed their prede- [email protected] and put Chicago Tribune reported that the the point of absurdity. The “main thing to do is to cast it in compound but couldn’t because the but the grand jury voted against bring- who leaked the classified documents, cessors’ interpretation that Assange ‘Submission’ in the subject line. US Navy had advance warning of terms of [the New York Times] doing soil was too wet; how the US dumped ing any charges against the Tribune Daniel Ellsberg, not the newspapers was legally indistinguishable from Please note that for inclusion Japanese tactics before a key bat- his body at sea after Saudi Arabia publisher or his staff. The Japanese that published them. Once again, a journalist and reportedly began in the PlusD Library we are tle during World War II, suggesting declined to take the corpse; how the continued using the same military the “source/distributor divide” was “pressuring” their prosecutors to generally unable to consider that Americans had cracked enemy key to success was an ingenious fake codes and there is no evidence that upheld. outline an array of potential crimi- submissions of less than 1,000 codes. President Franklin Roosevelt, vaccination drive that the CIA set up the leak harmed the US or even that nal charges against him, including documents at a time. who had a long running feud with to get DNA from the bin Laden family. the Japanese knew about it. The Assange espionage. Once again, career pro- the newspaper’s publisher, wanted One US senator criticised the admin- Similarly, President Nixon fessionals were said to be “skeptical” search.WikiLeaks.org/plusd to send troops to occupy the Tribune istration’s “flurry of anonymous wanted to prosecute his longtime prosecution because of the First Amendment Tower and charge him with treason. boasting” but no such criticism came journalistic bête noire, columnist Jack issues involved and a “vigorous But the Japanese continued using from the White House. Anderson, after he published clas- Forty years later, in the summer of debate” ensued. Two prosecutors the same codes anyway; there is no Similarly, in 2012, the New York sified documents revealing the gov- 2010, the Obama administration began involved in the case, James Trump evidence that the leak harmed the Times published an article based on ernment’s secret arming of Pakistan. an aggressive criminal investigation and Daniel Grooms, reportedly US — or even that the Japanese knew classified information that seemed “Goddamnit”, Nixon told his attor- of both Julian Assange and Chelsea argued against charging Assange. But about it. designed to help Obama’s re-elec- ney general John Mitchell, “we’ve got Manning, who leaked the classified in April of 2019, Assange was arrested A similar case of “crying wolf” tion campaign; the article reported to do something with this son of a documents to WikiLeaks. FBI and CIA in London — even though “the Justice NGOs have had extreme difficulties occurred in 1971, when syndicated that the White House maintained a bitch”. Mitchell agreed that we should officials argued that Assange was an Department did not have significant accessing the proceedings, in fact the columnist Jack Anderson published “kill list” of potential terrorist targets “get ahold of this Anderson and hang “information broker” not a journal- evidence or facts beyond what the excerpts of top secret government and detailed at length how Obama him”, but explained that publish- ist and should be indicted, but senior Obama era officials had when they court has refused to accommodate us documents revealing that the Nixon himself painstakingly but resolutely ing classified documents wasn’t ille- Justice Department officials report- reviewed the case”. administration had secretly armed signed off on all major drone strikes. gal. Prosecutors never filed criminal edly “expressed reluctance” to do on Assange’s indictment triggered as NGO observers. This is insufficient Pakistan in its war with India, even Six weeks later, the Times revealed charges against Anderson. First Amendment grounds. The FBI an outcry not only from human rights though Nixon publicly proclaimed a classified US government project In the Pentagon Papers case, and CIA officials pressed for a meet- and civil liberties organisations but for open justice, so we call again on American neutrality in the war. code named Operation Olympic too, Nixon wanted to prosecute the ing with the president to make their most of all from journalists — not White House national security advi- Games that unleashed a computer press for publishing classified docu- case that Assange was not a journalist because of affection for Assange but the court to reconsider. sor Henry Kissinger branded the leak virus nicknamed Stuxnet in a damag- ments, especially the reporter who therefore was subject to prosecution; because, as one wrote, “it character- “a serious security risk to our gov- ing cyberattack against Iran that dis- first obtained them, Neal Sheehan of but the meeting with Obama never izes everyday journalistic practices ernment”. President Nixon asserted abled 1,000 centrifuges at its Natanz the New York Times, whom Nixon pri- took place. By 2013, after a three-year as part of a criminal conspiracy”. This case is of tremendous public that “from the point of view of nuclear facility. “They’re intention- vately called a “cocksucker” and “left- probe and months of internal debate, Indeed, Trump administration has national security, it was intolerable”. ally leaking information to enhance wing Communist son of a bitch”. FBI the Justice Department had decided charged Assange with 17 counts of vio- interest and must be open to scrutiny But top Pentagon officials admitted President Obama’s image as a tough agents conducted an extensive inves- to follow established precedent and lating the Espionage Act not for spying that it “primarily affected diplomatic guy for the [upcoming] elections”, tigation of Sheehan and of reporters not bring charges against Assange or or conducting espionage on behalf by NGO observers, members of the sensitivity [not] military security” one senior senator observed. for the Washington Post and Boston any of the newspapers that published of a foreign power but for soliciting and no evidence ever emerged of Reporter Bob Woodward has Globe; agents used false identities the documents. “The problem the receiving, and publishing national public, and the media. Reporters any genuine damage — except to the long been Washington’s champion to question their friends and neigh- department has always had in inves- defense information. Specifically, administration’s credibility. recipient of national security leaks. bors, issued subpoenas, and poured tigating Julian Assange is there is no Assange faces three counts of “unau- Without Borders will continue to In 2005, the New York Times His books, based on government through their bank statements, credit way to prosecute him for publishing thorised Obtaining” of this informa- monitor, continue to get in, in person, published details of a classified gov- public about the failing American in a Senate report more than three something disloyal to the country” insiders, have revealed highly classi- cards purchases, phone calls, and information without the same theory tion; four counts of “unauthorised ernment program revealing that intervention in the war. In 1971, the years earlier. Still, Nixon’s solicitor that “risks our men” and gives “aid fied CIA and NSA programs, including travel receipts. being applied to journalists”, said Obtaining and Receiving” it; nine when we can. And we call again for President George W. Bush had ille- New York Times began publishing general, Erwin Griswold, asked the and comfort to the enemy”. code names, the existence of clandes- In Boston, federal prosecutors Matthew Miller, former spokesman counts of “unauthorised disclosure” gally authorised the US National the first of several articles contain- Supreme Court to stop the press tine paramilitary army in Afghanistan convened a grand jury, a fact that for the Obama Justice Department. of it; and one count of “Conspiracy to Julian Assange to be released, for the Security Agency to monitor phone ing extensive excerpts of the top from further publication, saying it run by the CIA, and details of China’s the government quickly leaked to “And if you’re not going to prosecute Obtain, Receive and Disclose” it. calls and emails in the US and secret documents. President Nixon could cause “immediate and irrep- Leaking double secret cyber-penetration of comput- the press. “Jury Weighs Indictment journalists for publishing classified From a journalistic standpoint, charges against him to be dropped, abroad. Bush denounced the leak as was enraged and dispatched federal arable harm to the security of the standard ers used by US presidential candi- of the New York Times”, one head- information, which the department is these activities boil down to news- “disgraceful” and said it could alert prosecutors to warn the newspaper United States”. dates. Woodward’s books “are filled line read. Another stated: “US Said to not, then there is no way to prosecute gathering (soliciting and receiving and for him not to be extradited to potential terrorists that they were that continuing to publish more top This was at best a gross exag- Although government officialswith classified information that he Be Planning to Seek Indictment of a Assange”. Prosecutors called it the documents), publishing them, and the United States. under scrutiny. If there was another secret documents would violate the geration and arguably a deliberate denounce national security leaks that could only have received from the Times Reporter”. “New York Times problem”— that if protecting the source who provided terrorist attack on American soil, US Espionage Act and “will cause falsehood that attempted to exploit they find embarrassing, they leak top of the government”, observed But it was unclear what crime it indicted Assange for publishing the them. Specifically: the president told Times executives, irreparable damage to the defense judicial and public ignorance and classified information with abandon Jack Goldsmith, a Harvard law pro- the newspapers had committed. documents Manning leaked, it would a) Soliciting documents: Rebecca Vincent “You’ll have blood on your hands”. interests of the United States”. fear. Eighteen years later, Griswold when it serves their needs. fessor who served in the Bush Justice “There had never been a court deci- also have to also indict the New According to the indictment, No evidence has emerged that The ominous but vague accusa- admitted that, contrary to his asser- For example, while President Department. This “puts in a bad light sion concerning the publication of York Times for doing the same. In Assange “encourage[d] those with Director of International Campaigns the story led to bloodshed, but rev- tion was almost impossible to refute. tions in court about the documents, Bush warned the New York Times the secrecy system that presidents classified information”, Times law- all of these politically charged cases, access to protected information, Reporters Without Borders elation of the government spying “Nixon’s lawyers knew assertions of he had “never seen any trace of a that it might have “blood on its can turn on or off at will, not always yer Goodale realised. “However, just the government’s desire to prose- including classified information, to did lead to public outrage, lawsuits, damage to national security could threat to the national security from hands” for revealing his illegal NSA obviously in the national interest”. because there were no laws that were cute the journalists who published Continued on page 10 10 Week l y Leaks Week l y Leaks 11

his prosecution have called him decision but a political one. The A popular history of journalism and whistleblowing “odious”, “reprehensible”, and “a Obama administration had already Assange and WikiLeaks’ narcissist”. “Picking unsympathetic thoroughly investigated bringing defendants to establish bad prece- such charges and concluded — like all Continued from page 9 When I was a journalist, I per- documentation I was looking for and and editors inform the public; it is, as charges against Assange — and that dents is a timeworn legal strategy”, previous presidents — that the First sonally solicited sources for confi- would often (politely) direct them to it were, the whole enchilada. It is also has kept presidents from prosecut- one journalist has pointed out, and Amendment protected public disclo- awards and recognition provide it to WikiLeaks for public dis- dential or restricted information, on go back and get more. Innumerable explicitly protected by the free press ing the press for the past century convicting Assange for publishing sure of government secrets. Trump’s closure” and “explicitly solicited... more occasions than I can count. So other journalists do this, too. In clause of the First Amendment. — is now being overturned by the national security documents is far Justice Department had no new infor- restricted material of political, dip- has every investigative reporter in this sense, I and other investigative As for trying to inspire other Trump administration. According more likely to be successful than con- mation, just a political agenda radi- Gary Webb Freedom of the Press Award February 2020 lomatic or ethical significance ...pre- the US. I teach journalism students reporters have counseled, induced, sources who have access to secrets to Gabe Rottman, attorney for the victing the publisher of the New York cally different from its predecessors. cisely because of the value of that how to cultivate sources to provide conspired with, and aided and abet- to leak them, that’s what I and other Reporter’s Committee for Freedom Times — even as it opens the door to Prosecuting Assange for the act of The Press Project — Person of the Year: Julian Assange January 2020 information”. He further “posted information, including about sensi- ted whistleblowing sources. So have journalists always hope will hap- of the Press, the Justice Department doing just that. publishing is perhaps the administra- a detailed list” of his ‘Most Wanted tive or secret topics. the world’s greatest journalists. After pen. That’s why a television station is now propounding “a profoundly The government casts Assange as tion’s most menacing move yet in its Gavin MacFadyen Award for Whistleblowers September 2019 Leaks” in order to receive these So does every journalism school all, good investigative reporters are I worked for created a graphic that troubling legal theory, one rarely a criminal and a threat to the state but battle with the press, with potentially documents through the WikiLeaks worthy of the name. I have both solic- not mere stenographers who pas- ran on the air with my contact infor- contemplated and never successfully his real offense is political. In the words the most far reaching consequences The Danny Schechter Global Vision Award for Journalism Activism 2019 drop box and “encouraged...aided, ited and received information from sively accept whatever information mation right after my stories were deployed...to punish the pure act of of one student of national security law: of all. abetted, counseled, induced” and restricted and classified documents, falls in their lap. The reporter-source broadcast. Sometimes it worked. publication of newsworthy govern- “Espionage is generally considered a The administration has already The Willy Brandt Award for Political Courage — Sarah(Harrison October 2015 “conspired with” Manning in texts, sometimes directly, sometimes with relationship is a constant back-and- d) Protecting confidential sources ment secrets under the nation’s spy- political offense and the [US-UK] treaty won a partial victory. Even if the offering direction, encouraging her a nod and a wink. So have countless forth between parties, even a kind of The indictment states that ing laws”. Furthermore, he says the forbids extraditing someone charged espionage charges against Assange Global Exchange Human Rights Award, People’s Choice 2015 to “continue” digging, and compli- other journalists. (And yes, I compli- dance — sometimes led by one party, Assange took “measures to prevent indictment is so broadly crafted that with political offenses”. are ultimately dismissed, this politi- menting her efforts: “ok great!” mented and flattered sources to elicit sometimes the other; but it always the discovery of Manning as [his] it “would permit prosecution even The Kazakstan Union of Journalists Top Prize June 2014 These actions — encouraging information, too.) takes two to tango. source, such as clearing logs and use if Assange had received the material sources to focus on valued informa- Like Assange, all reporters As for drop boxes, they are rou- of a cryptophone; and a code phrase anonymously in the mail” without The Brazilian Press Association Human Rights Award 2013 tion of political, diplomatic or ethical prize information with the highest tinely used by leading news outlets to use if something went wrong”. any solicitation whatsoever. significance in order to disclose it to “value”. Learning to distinguish in the US to solicit anonymous leaks This kind of protection of con- Prosecuting Assange purely for My own actions in relation New York Festivals World’s Best TV and Films Silver World Medal 2013 the public — are not only consistent between what is newsworthy and of sensitive records, classified or not. fidential sources is not only standard publishing has ramifications beyond with standard journalistic practice, what is not is a standard part of They are just the latest technologi- practice but a crucial professional the US. According to the director of to the Pentagon Papers and the Yoko Ono Lennon Courage Award for the Arts 2013 they are its lifeblood, especially for the journalism school curriculum. cal innovation of the digital age used and moral responsibility for report- the Committee to Protect Journalists, consequences of their publication Big Brother Award — Italy “Hero of Privacy” 2012 investigative or national security When I was a reporter, I let sources to dig up and document evidence ers, instilled in journalism schools “the United States is asserting extra- reporters. know what kind of information or of governmental wrongdoing, an and celebrated in books, movies, and territorial jurisdiction in a publish- have been acknowledged to have extension of the traditional news tip other avenues of popular culture. It ing case, a practice usually reserved Voltaire Award for Free Speech 2011 for terrorism or piracy. Under this performed such a radical change of Walkely Award for Most Outstanding Contribution to Journalism 2011 rubric, anyone anywhere in the understanding. I view the WikiLeaks Julian Assange faces world who published information Martha Gellhorn Prize for Journalism 2011 The WikiLeaks Files that the US government deems to : be classified could be prosecuted for publications of 2010 and 2011 to be of lifetime imprisonment Sydney Peace Prize — Gold Medal 2011 espionage”. comparable importance. The World According for publishing truthful Free Dacia Award 2011 Political dimensions Daniel Ellsberg information about government of case Le Monde Readers’ Choice Award for Person of the Year 2010 to U.S. Empire Pentagon Papers whistleblower criminality and abuse of power. Why did the Trump administration Sam Adams Award 2010 Introduction by Julian Assange (2016) decide to bring these recent charges against Assange for what he pub- Those very clear legal prop- cised prosecution will still produce Time Magazine — Person of the Year, Reader’s Choice 2010 hotline that has been commonplace is as sacred to journalists as the doc- lished nine years earlier? No new ositions raise the questions of why dividends whenever reporters hesi- in newsrooms for decades. These tor-patient relationship is to physi- “significant evidence” in the case has the Justice Department brought tate for fear of getting into hot water, Amnesty International UK Media Awards 2009 drop boxes are now a journalistic cians or the attorney-client privilege emerged since the Obama adminis- the charges at all. His indictment whenever publishers pull their staple, employed by leading outlets is to lawyers. Whistleblowers often tration rejected such prosecution. may be “more symbolic statement” punches to avoid angering authori- The Economist New Media Award 2008 around the world, including the New take enormous personal risks to sup- The indictment breaks all legal prec- than “genuine charging document” ties, whenever Americans start view- York Times, Guardian, Washington ply sensitive information to the pub- edents. No publisher has ever been designed “to deter future WikiLeaks- ing journalists as criminals and spies Post, Wall Street Journal and others. lic, and reporters have gone to jail prosecuted for disclosing national like activities or to intimidate tra- who belong in prison — as “enemies Similarly, Assange’s publicly posted rather than betray a source to whom secrets since the founding of the ditional journalists”. Such an of the people”.. “Most Wanted” list of documents confidentiality has been promised. nation more than two centuries ago explanation is fully plausible in the Julian Assange faces lifetime may be a bolder and more imagina- Indeed, whistleblowers are the — despite the “thousands upon thou- context of the Trump administra- imprisonment for publishing truth- tive form of newsgathering, but it lynchpin of investigative reporting; sands” of national security leaks to tion’s attacks on journalistic “ene- ful information about governmen- differs only in degree from the kind without them, the press would be press. The only previous attempts to mies of the people”. tal criminality and abuse of power, of solicitations for information that crippled in its ability to serve as an do so were highly politicised efforts precisely what the First Amendment journalists routinely post on social effective check on governmental or by presidents seeking to punish their Conclusion was written to protect. In the end, media sites. corporate wrongdoing. enemies, and in the end the First however, this case is about more b) Receiving documents Journalists protect confidential Amendment forced them to back Assange’s deep unpopularity is all than Assange or journalism. It is According to the indictment, sources in a variety of ways: grant- down, too. the more reason why he needs to be about the right of citizens to have not only did Assange solicit restricted ing anonymity; using code words; The political dimensions of this defended. The true test of a society’s the information they need to partic- documents, he was also successful in encrypting electronic communica- case are inescapable. The “indict- commitment to freedom of speech ipate in a democracy. A free society WikiLeaks came to prominence in 2010 with the release of “obtaining” it, the basis for three of tion; removing digital fingerprints ment seems to have been tailored in and press is not publishing facts or depends on democratic decision 251,287 top-secret State Department cables, which revealed to the Espionage Acts against him. As or identifying details from docu- a way that will do a lot of collateral opinions that are widely accepted making by an informed public. And the world what the US government really thinks about national the indictment put it, “Assange was ments; misdirecting suspicion away damage, if not the maximum possible but publishing those that are not. an informed public depends on a free leaders, friendly dictators, and supposed allies. It brought to knowingly receiving such classified from sensitive sources to other peo- amount”, wrote Gabriel Schoenfeld, a No matter how unorthodox, and independent press that can serve the surface the dark truths of crimes committed in our name: records from Manning for the pur- ple; coaching them in how to safely conservative scholar. “The Espionage Assange as a publisher is protected as a check on governmental abuse human rights violations, covert operations, and cover-ups. pose of publicly disclosing them on answer suspicious questions; and Act has always been...a loaded gun by the free speech and free press of power — the kinds of abuses that the WikiLeaks website”. “Obtaining” yes, providing technical advice on pointed at the press. That gun is now clauses of the American consti- WikiLeaks made public. “In a free The WikiLeaks Files exposes the machinations of the United or “receiving” information is the how to navigate dropboxes and trans- in the process of being fired”. The tution. He has published truthful society, we are supposed to know the States as it imposes a new form of imperialism on the world, whole point. Soliciting isn’t enough, mit information without detection. Justice Department could have tai- information in the public interest truth”, a US congressman said when one founded on tactics from torture to military action, to trade you have to actually get the informa- Journalistic organisations and work- lored its indictment more narrowly that exposed illegal and unethi- WikiLeaks first began publishing this deals and “soft power”, in the perpetual pursuit of expanding tion before you can publish it. Again, shops train reporters in these tech- to minimize the First Amendment cal actions by the US government. batch of documents. “In a society influence. The book also includes an introduction by Julian this is what news outlets have been niques. As a journalist, I used most of concerns but it didn’t. The charges Disclosures of classified secrets have where truth becomes treason, we are Assange examining the ongoing debates about freedom of doing for more than two centuries. these tactics myself. against him were “obviously framed a long history in the US, going back in trouble”. ■ information, international surveillance, and justice. c) Publishing documents So have countless journalists. to mirror what journalists do”, wrote to George Washington’s presidency. Nine of the counts against The Justice Department por- Jack Goldsmith, an assistant attorney Government officials routinely leak Full statement by Mark Feldstein, An introduction by Julian Assange — writing on the subject for Assange — more than half of the trays standard journalistic tradecraft general in the Bush administration national security information when including numerous footnotes: the first time—exposes the ongoing debates about freedom of indictment — are purely for the act as nefarious, akin to espionage. In who handled national security mat- it is in their interest, even as they information, international surveillance, and justice. of publishing, or as the indictment fact, the crimes for which Assange is ters. “I do not think this is an acci- exaggerate the harm from leaks calls it “disclosure”. According to charged are legally indistinguishable dent”. Julian Assange is the perfect that are not in their interest. Yet With contributions by Download the book: the indictment, Assange’s “objec- from what news outlets do everyday. defendant for a prosecutor because no administration has ever before Dan Beeton, Phyllis Bennis, tive” was to “publicly disseminate” “We all think there’s a difference he is so widely reviled. He has faced indicted a journalist for publishing Michael Busch, Peter Certo, these records and he “conspired” between the New York Times and “a relentless and unrestrained cam- national security secrets. Conn Hallinan, Sarah to “obtain documents, writing and Assange from a practical point of paign of public mobbing, intimi- The belated decision to dis- Harrison, Richard Heydarian, notes”, to “willfully communicate” view, but from a constitutional point dation and defamation”, the UN regard this 230 year old precedent Dahr Jamail, Jake Johnston, and “disclose that information to the of view, it’s hard to find that differ- special rapporteur on torture said. and charge Assange criminally for Alexander Main, Robert public and inspire others with access ence”, said Alan Dershowitz, profes- Prominent US politicians have urged espionage was not an evidentiary Naiman, Francis Njubi Nesbitt, to do the same”. sor emeritus at Harvard law school that Assange be “hunted down” and Linda Pearson, Gareth Porter, What the indictment calls dis- and a defender of President Trump. “assassinated”. Secretary of State Tim Shorrock, Russ Wellen, closure and public dissemination is “They’re both publishing classified, Mike Pompeo, the ex-CIA director, and Stephen Zunes. what reporters call publishing. It is stolen material”. The old “New York has publicly attacked Assange as “a Curious eyes never run dry the fundamental purpose of journal- Times problem” that blocked the fraud” and “a coward hiding behind a ism, the means by which reporters Obama administration from bringing screen”. Even journalists who oppose 12 Week l y Leaks Precedent will be used The U.S. Against against journalists Julian Assange around the world Documentary — 1 hour (2020)

Professor Feldstein explained prosecuted in relation to the State Jen Robinson at some length the importance of the Department cables and the publica- Lawyer for Julian Assange First Amendment and how it pro- tion of those cables, which revealed tects every American citizen and any human rights abuse and corruption 9 SEPTEMBER 2020 person within U.S. jurisdiction, their the world over. Extracts from an interview with ability to — their free speech. And, of These are incredibly import- Democracy Now! course, it protects the media’s ability ant publications, for which he was to communicate with sources, receive nominated for the Nobel Peace Prize, “We saw Julian for the first time in information and publish it in the pub- the Sydney Peace Prize, won the six months as a result of the COVID lic interest. Walkley Award for Most Outstanding shutdown. He hasn’t had any social or What we’re seeing — what he Contribution to Journalism. And he legal visits since the pandemic broke pointed out about the danger of this faces 175 years in prison for doing his out, which has left him incredibly particular case is the breakdown of job as a journalist and as a publisher. Brilliantly researched documentary by the first public German isolated in prison. And it was sur- the distinction between sources and That’s why this case is so dangerous. TV channel (Das Erste, ARD), available with English subtitles. prising to us to see that he has lost journalists. So, we’ve often seen that And as you’ll be hearing, the evi- a lot of weight. And we, of course, sources who make unlawful or unau- dence that will be heard over the next 10 years of WikiLeaks, Julian Assange — and their persecution by have continuing concerns about his thorised disclosures are prosecuted four weeks is from journalists, from the US, UK, Sweden and Ecuador. health, given the long-term impacts and can face criminal prosecution as NGOs, such as Reprieve — is what we of being both inside the embassy and Contains exclusive quotes of now in a high-security prison in these critical importance, including circumstances. Leon Panetta (CIA director Of course we now have had Each day Julian is woken at 5am, 2009-2011) declaring his not one, but two superseding indict- desire that the US: “take ments. He [Assange] was arrested handcuffed, put in holding cells, action against those that were on a second superseding indictment involved in revealing that on Monday that the Department of stripped naked and X-rayed. He’s information so you can send Justice issued in June. We were first transported one and a half hours each a message to others not to do told that it made no substantive dif- the same thing”. ference, and we’re now told that way in what feels like a vertical coffin those new allegations, which include allegations related to providing in a claustrophobic van. He’s in a glass assistance to the NSA whistleblower Edward Snowden, now are part of the box at the back of court from where case and could form part of separate he can’t consult his lawyers properly. criminal allegations if he is returned to the United States. Collateral Mixtape 2020 This is part of what we say the Stella Moris, partner of Julian Assange U.S. government is trying to shift the goalposts, as it were. We heard by RADIO FREE ASSANGE from our defense counsel in court on a result of their disclosures. But his- heard from yesterday — talking about Monday that, of course, this is perhaps torically, that has never been directed the importance of these leaks, how “Look at these dead bastards!” in response to the strength of our case at the media. The First Amendment they’ve been used in terms of political that the U.S. government is now shift- is understood to protect the media in movements, in terms of human rights “It’s their fault for bringing their kids into a battle”. ing and changing its case, almost 18 receiving and publishing that infor- litigation, in terms of holding govern- months after they started and after the mation in the public interest, which ments to account for their wrongdo- Like an earworm, the words and the laughter from the Collateral closing and submission of evidence is exactly what WikiLeaks did. And in ing, and more evidence also about the Murder video, released by WikiLeaks on April 5th 2010, fill from both parties. It is a very unusual this case, what the Trump administra- prison conditions that Julian will face our heads and never leave. Those sentences pronounced over and highly irregular process in any tion is alleging is that Julian Assange, if he is in fact returned to the United radio by the crew of an Apache combat helicopter and their kind of extradition case, and certainly by virtue of having communications States to face prosecution... command, full of contempt for human life, revealed to the one as unprecedented as this. with Chelsea Manning, receiving ...This is part of, we say, the world the banality of horrors of the US “wars we don’t see” Adding these additional “hack- information from Chelsea Manning Trump administration’s attack in Iraq and Afghanistan, where war crimes are being carried ing” allegations, which are general and publishing that information, is on journalism, and war on whis- out as if in a video game. By releasing this video, WikiLeaks and questionable and, of course, are somehow conspiring and is conspir- tleblowers and journalism. And it is used the engaging power of moving images to imprint in our denied by Mr. Assange, I think is the ing in the underlying criminal act. a precedent that will be used against collective memory the cold-blooded murders of a dozen civilians Department of Justice’s attempt to And we’ve seen this same pros- journalists not just in the United (including 2 Reuters journalists) in July 2007, giving this video try and shift the case away from the ecution strategy now rolled out in States, but journalists around the document an undeniable historical importance. Manning disclosures and, of course, Brazil by President Bolsonaro against world, because the most dangerous the evidence that we’ve heard this Glenn Greenwald. That’s why this is thing about this — and a position that Collateral Mixtape 2020 is a musical mix, a collection of songs, week and seen in the publications so dangerous, because this is the kind the United States attorney has made remixes, and numerous other contextual and historical around the world, evidence of war of activity that journalists engage in clear in his evidence before this court documents, all inspired by the release of the original video and crimes, human rights abuse, corrup- all day, every day, across the United — is that not only is the U.S. govern- its aftermath. It resonates as a wake-up call for everyone to join tion the world over. It is a clear press States and elsewhere around the ment seeking to exercise jurisdiction the fight against lies, corruption and endless wars. freedom case. And the attempts by world, which is why The New York over journalists and publishers out- the Department of Justice to some- Times and The Washington Post have side of the United States for publish- This mixtape is a tribute to WikiLeaks, to fierce, non- how create this as a hacking case, both, in their editorials, said that this ing information about the United compromising and risk-taking journalism, and to the victims of when there is absolutely no evidence is criminalizing public interest jour- States, they are also saying that they these gruesome murders. of any hacking by Mr. Assange, I think, nalism and news gathering practices will exercise that jurisdiction, but at demonstrates their desire to move that have been used for decades. the same time foreign publishers and Over 10 years after the war crimes have been committed, none away from the important issues on Julian has been charged under journalists will not benefit and should of their perpetrators have been held accountable or prosecuted, press freedom. the Espionage Act, the first time in not benefit from First Amendment while Julian Assange, Chelsea Manning and many other We’ve heard already in the evi- the history of the United States, for protections. And that should be very whistleblowers have been persecuted by the US government. dence this case — in the evidence this receiving, publishing — receiving and concerning for journalists everywhere week from Clive Stafford Smith, the publishing classified U.S. informa- around the world. ■ Collateral Mixtape 2020 founder of Reprieve, about the impor- tion. That includes the “Collateral should thus also be heard as tance of WikiLeaks’ disclosures about Murder” publication, the Iraq rules Watch the full interview: a call to freedom for Julian U.S. extraordinary rendition, torture, of engagement, which demonstrates Assange, currently being and, importantly, drone strikes and war crimes in Iraq. It includes the Iraq imprisoned for his work extrajudicial killings in Pakistan, and and Afghan war logs, which demon- as a journalist and facing how those disclosures have been strated that the United States govern- extradition and 175 years in essential in his work, both in terms of ment was not sharing the truth about a max-security prison in the holding the U.S. government account- what was actually happening in those US, where he will not get a able for those actions in Pakistan, but conflicts, including the killing of more fair trial. also with respect to his Guantánamo than 15,000 civilians in the context litigation in the United States. of the Iraq War. And he’s also being