Wikileaks: Truth Or Power?
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“Speaking Truth to Power: Citizens and the Law”
JUSTICE MC CHAGLA MEMORIAL LECTURE 2021 “Speaking Truth to Power: Citizens and the Law” Dr Justice Dhananjaya Y Chandrachud Judge, Supreme Court of India It is an honour for me to have been invited to speak at this lecture organised in the memory of one of the greatest legal minds India has ever witnessed – Justice Mohammadali Carim Chagla. In no uncertain terms, Justice Chagla has profoundly influenced and impacted the development of law and protection of civil liberties in India. He donned many diverse roles during his lifetime, among them being that of a lawyer, judge, jurist, diplomat, and Cabinet Minister. After studying at the University of Oxford, he joined the Bombay Bar in 1922 and practised as a lawyer for 19 years in the High Court of Bombay before he was appointed as a Judge, and subsequently the Chief Justice of the Bombay High Court. Though he received an offer for appointment as a Judge of the Supreme Court of India, he let the offer pass since he believed that he would be able to initiate more changes as the Chief Justice of a High Court than he ever would be able to as a puisne judge of the Supreme Court. After his retirement, he served as an ad-hoc judge in the International Court of Justice, India’s ambassador to the United States and United Kingdom, before taking oath as a Cabinet Minister, taking on the portfolio of Education and then External Affairs. Only a few others could possibly come close to the diversity of roles Chief Justice Chagla took on and yet, unsurprisingly, he managed to excel in each of them. -
Running Head: Wikileaks and the Censorship of News Media in the U.S
RUNNING HEAD: WIKILEAKS AND THE CENSORSHIP OF NEWS MEDIA IN THE U.S. WikiLeaks and the Censorship of News Media in the U.S. Author: Asa Hilmersson Faculty Mentor: Professor Keeton Ramapo College of New Jersey WIKILEAKS AND THE CENSORSHIP OF NEWS MEDIA IN THE U.S. 1 “Censorship in free societies is infinitely more sophisticated and thorough than in dictatorships, because ‘unpopular ideas can be silenced, and inconvenient facts kept dark, without any need for an official ban’.” – George Orwell Introduction Throughout history, media has been censored or obscured in different ways which seem to fit the dominant ideology or ruling regime. As William Powers (1995) from The Washington Post said; the Nazis were censored, Big Brother was a censor, and nightmare regimes such as China have censors. Though we are all aware of censorship around the world and in history, little do we look to ourselves because as Powers writes, “None of that [censorship] for us. This is America” (para. 3). People in America have long been led to believe that they live in a free world where every voice is heard. It is not until someone uses the opportunities of this right that we see that this freedom of speech might only be an illusion. The emergence of WikiLeaks in 2010 and the censorship exercised against this organization by the United States’ government exemplifies the major obstacles individuals can face when seeking to expose potential wrongdoing by public officials. Through questioning of media’s power as whistleblowers it is hinted that there are institutions which may carry more weight than the truth in making decisions that affect that public interest. -
On the Case of Julian Assange
The OSCE Secretariat bears no responsibility for the content of this document PC.DEL/262/20 and circulates it without altering its content. The distribution by OSCE 6 March 2020 Conference Services of this document is without prejudice to OSCE decisions, as set out in documents agreed by OSCE participating States. ENGLISH only United States Mission to the OSCE On the Case of Julian Assange As delivered by Acting Deputy Chief of Mission Gregory Macris to the Permanent Council, Vienna March 5, 2020 The United States seeks to deter unauthorized disclosure of classified information, including via prosecution. This is done transparently and according to the laws of the United States. In 2013, Chelsea Manning was convicted by court martial for offenses that involved violations of her military oath to protect and defend the United States. As you know, she provided Julian Assange and WikiLeaks with hundreds of thousands of pages of security information related to national defense. The U.S. Department of Justice indicted Julian Assange for his alleged complicity in Manning’s actions, including his explicit solicitation of classified information and his encouraging Ms. Manning to remove classified information from U.S. systems. The indictment also charges Assange for allegedly posting a subset of classified documents on WikiLeaks that identified the names of human sources, including local Afghans and Iraqis who were assisting U.S. forces, journalists, religious leaders, human rights advocates, and political dissidents living in repressive regimes, thereby causing grave and imminent risk to these individuals’ lives and liberty. The United States takes freedom of the press seriously and is thankful for the invaluable role journalists play in a free society. -
The Views of the U.S. Left and Right on Whistleblowers Whistleblowers on Right and U.S
The Views of the U.S. Left and Right on Whistleblowers Concerning Government Secrets By Casey McKenzie Submitted to Central European University Department of International Relations and European Studies In partial fulfillment of the requirements for the degree of Master of Arts Supervisor: Professor Erin Kristin Jenne Word Count: 12,868 CEU eTD Collection Budapest Hungary 2014 Abstract The debates on whistleblowers in the United States produce no simple answers and to make thing more confusing there is no simple political left and right wings. The political wings can be further divided into far-left, moderate-left, moderate-right, far-right. To understand the reactions of these political factions, the correct political spectrum must be applied. By using qualitative content analysis of far-left, moderate-left, moderate-right, far-right news sites I demonstrate the debate over whistleblowers belongs along a establishment vs. anti- establishment spectrum. CEU eTD Collection i Acknowledgments I would like to express my fullest gratitude to my supervisor, Erin Kristin Jenne, for the all the help see gave me and without whose guidance I would have been completely lost. And to Danielle who always hit me in the back of the head when I wanted to give up. CEU eTD Collection ii Table of Contents Abstract ....................................................................................................................................... i Acknowledgments..................................................................................................................... -
Intelligence Ethics 2007.Pdf
Intelligence Ethics: The Definitive Work of 2007* Published by the Center for the Study of Intelligence and Wisdom Edited by Michael Andregg About the Eyes A spy asked, “Why the eyes?” They are the eyes of my daughter, who deserves a decent world to grow up in. They are the eyes of your mother, who deserves a decent peace to grow old in. They are the eyes of children blown to shreds by PGMs sent to the wrong address by faulty intelligence. And they are the eyes of children blown to shreds by suicide bombers inspired by faulty intelligence. They are the eyes of orphans and they are the eyes of God, wondering who fears ethical thought and why. Grandmother says it is time to grow up. The nation is in danger and the children are in peril. So sometimes you can set long books of rules aside and use the ancient Grandma Test. If she were watching, and knew everything you do, would she really approve? Copyright © 2007 by Michael Murphy Andregg All rights reserved. Published in the United States by the Center for the Study of Intelligence and Wisdom, an imprint of Ground Zero Minnesota in St. Paul, Minnesota, USA. Library of Congress Cataloging-in-Publication Data Andregg, Michael M. ISBN 0-9773-8181-1 1. Ethics. 2. Intelligence Studies. 3. Human Survival. Printed in the United States of America First Edition A generic Disclaimer : Many of our authors have had diverse and interesting government backgrounds and some are still on active duty. Others are professors of intelligence studies with active security clearances. -
Wikileaks and the Institutional Framework for National Security Disclosures
THE YALE LAW JOURNAL PATRICIA L. BELLIA WikiLeaks and the Institutional Framework for National Security Disclosures ABSTRACT. WikiLeaks' successive disclosures of classified U.S. documents throughout 2010 and 2011 invite comparison to publishers' decisions forty years ago to release portions of the Pentagon Papers, the classified analytic history of U.S. policy in Vietnam. The analogy is a powerful weapon for WikiLeaks' defenders. The Supreme Court's decision in the Pentagon Papers case signaled that the task of weighing whether to publicly disclose leaked national security information would fall to publishers, not the executive or the courts, at least in the absence of an exceedingly grave threat of harm. The lessons of the PentagonPapers case for WikiLeaks, however, are more complicated than they may first appear. The Court's per curiam opinion masks areas of substantial disagreement as well as a number of shared assumptions among the Court's members. Specifically, the Pentagon Papers case reflects an institutional framework for downstream disclosure of leaked national security information, under which publishers within the reach of U.S. law would weigh the potential harms and benefits of disclosure against the backdrop of potential criminal penalties and recognized journalistic norms. The WikiLeaks disclosures show the instability of this framework by revealing new challenges for controlling the downstream disclosure of leaked information and the corresponding likelihood of "unintermediated" disclosure by an insider; the risks of non-media intermediaries attempting to curtail such disclosures, in response to government pressure or otherwise; and the pressing need to prevent and respond to leaks at the source. AUTHOR. -
As Assange Awaits Ruling, Wikileaks Faces Its Fate 1 November 2011, by RAPHAEL G
As Assange awaits ruling, WikiLeaks faces its fate 1 November 2011, By RAPHAEL G. SATTTER , Associated Press Harvard University's Belfer Center for Science and International Affairs. Legal analysts were predicting a ruling in favor of extradition. "Very, very few people defeat a European Arrest Warrant," said Julian Knowles, an extradition lawyer at London's Matrix Chambers who has been following the case. "The courts in England generally lean in favor of extradition." Assange may have the right to challenge an This is a Monday, Feb. 7, 2011 file photo of WikiLeaks unfavorable verdict in Britain's Supreme Court. But founder Julian Assange as he leaves Belmarsh Magistrates' Court in London. Assange on Tuesday Nov. Knowles said that if he were denied leave to 1, 2011 awaits a judge's extradition verdict, it could be appeal, it could be only days before he were sent to WikiLeaks' very future that's at stake. Its finances under Scandinavia to face allegations of sex crimes. pressure and some of its biggest revelations already public, WikiLeaks may not have the strength to survive if That result could be devastating for WikiLeaks. Britain's High Court judge decides Wednesday in favor of a Swedish request to extradite Assange to face trial For much of the past year Assange has been over rape allegations, some experts argue. (AP running the website from a supporter's country Photo/Kirsty Wigglesworth, File) manor in eastern England, where the terms of his bail have confined him to virtual house arrest. The 40-year-old Australian says he has 20 staff (AP) -- As Julian Assange awaits a judge's members, but it's unclear who might take over were extradition verdict, it could be WikiLeaks' very he jailed. -
USA -V- Julian Assange Judgment
JUDICIARY OF ENGLAND AND WALES District Judge (Magistrates’ Court) Vanessa Baraitser In the Westminster Magistrates’ Court Between: THE GOVERNMENT OF THE UNITED STATES OF AMERICA Requesting State -v- JULIAN PAUL ASSANGE Requested Person INDEX Page A. Introduction 2 a. The Request 2 b. Procedural History (US) 3 c. Procedural History (UK) 4 B. The Conduct 5 a. Second Superseding Indictment 5 b. Alleged Conduct 9 c. The Evidence 15 C. Issues Raised 15 D. The US-UK Treaty 16 E. Initial Stages of the Extradition Hearing 25 a. Section 78(2) 25 b. Section 78(4) 26 I. Section 78(4)(a) 26 II. Section 78(4)(b) 26 i. Section 137(3)(a): The Conduct 27 ii. Section 137(3)(b): Dual Criminality 27 1 The first strand (count 2) 33 The second strand (counts 3-14,1,18) and Article 10 34 The third strand (counts 15-17, 1) and Article 10 43 The right to truth/ Necessity 50 iii. Section 137(3)(c): maximum sentence requirement 53 F. Bars to Extradition 53 a. Section 81 (Extraneous Considerations) 53 I. Section 81(a) 55 II. Section 81(b) 69 b. Section 82 (Passage of Time) 71 G. Human Rights 76 a. Article 6 84 b. Article 7 82 c. Article 10 88 H. Health – Section 91 92 a. Prison Conditions 93 I. Pre-Trial 93 II. Post-Trial 98 b. Psychiatric Evidence 101 I. The defence medical evidence 101 II. The US medical evidence 105 III. Findings on the medical evidence 108 c. The Turner Criteria 111 I. -
Oct16-Newsletter
COURAGE TO RESIST Supporting the troops who refuse to fight! www.couragetoresist.org 484 Lake Park Ave #41, Oakland CA 94610 510-488-3559 October 2016 National Newsletter facebook.com/couragetoresist Chelsea Manning again thrown in solitary By the Chelsea Manning Support mistreated by the US government since year, they threatened her with solitary Network and Fight for the Future. she was first taken into custody in 2010, confinement for minor “infractions” September 23, 2016 including long stretches of extreme including possession of LGBTQ reading After years of inhumane treatment, solitary confinement even before she materials and an expired tube of and having been held in conditions that had ever been convicted. toothpaste. Only after we delivered the UN considers to be torture, Chelsea This is not the first time the 100,000 petitions did they back off. Manning, the Guardian columnist and government has harassed Chelsea with For the most current news, please whistleblower who has been in prison outrageous charges while in prison. Last visit chelseamanning.org for years serving a 35-year sentence for exposing some of the US government’s worst abuses, attempted to take her own life July 5, 2016. After a 5-day hunger strike this month, the US Army finally agreed to provide her with gender reassignment surgery and the health care that she needs. Chelsea’s hunger strike is a historic victory for human rights. However, today, a prison disciplinary board decided to Do not extend draft registration to women. punish Chelsea with 14 days of solitary End war registration for everyone! confinement (with 7 days suspended) for charges related to her suicide attempt, and possession of an unmarked book in her cell. -
USA V. Bradley (Chelsea) Manning: Army Court of Appeals Affirms Prior
UNITED STATES ARMY COURT OF CRIMINAL APPEALS Before CAMPANELLA, CELTNIEKS, and HAGLER Appellate Military Judges UNITED STATES, Appellee v. Private First Class BRADLEY E. MANNING (nka CHELSEA E. MANNING) United States Army, Appellant ARMY 20130739 U.S. Army Military District of Washington Denise R. Lind, Military Judge Colonel Corey J. Bradley, Staff Judge Advocate (pretrial) Colonel James R. Agar, II, Staff Judge Advocate (post-trial) For Appellant: Vincent J. Ward, Esquire (argued); Captain J. David Hammond, JA; Lieutenant Colonel Jonathan F. Potter, JA; Vincent J. Ward, Esquire; Nancy Hollander, Esquire (on brief); Lieutenant Colonel Christopher D. Carrier, JA. Amicus Curiae: For Electronic Frontier Foundation, National Association of Criminal Defense Lawyers, and the Center for Democracy and Technology: Jamie Williams, Esquire; Andrew Crocker, Esquire (on brief). For Amnesty International Limited: John K. Keker, Esquire; Dan Jackson, Esquire; Nicholas S. Goldberg, Esquire (on brief). For American Civil Liberties Union Foundation: Esha Bhandari, Esquire; Dror Ladin, Esquire; Ben Wizner, Esquire (on brief). For Open Society Justice Initiative: James Goldston, Esquire; Sandra Coliver, Esquire (on brief). For Appellee: Captain Catherine M. Parnell, JA (argued); Colonel Mark H. Sydenham, JA; Lieutenant Colonel A.G. Courie III, JA; Major Steve T. Nam, JA; Captain Timothy C. Donahue, JA; Captain Jennifer A. Donahue, JA; Captain Samuel E. Landes, JA (on brief); Captain Allison L. Rowley, JA. 31 May 2018 --------------------------------- OPINION OF THE COURT --------------------------------- MANNING—ARMY 20130739 CAMPANELLA, Senior Judge: A military judge sitting as a general court-martial convicted appellant, in accordance with her pleas, of one specification of violating a lawful general regulation and two specifications of general disorders in violation of Articles 92 and 134, Uniform Code of Military Justice (UCMJ), 10 U.S.C. -
Wikileaks and the Afterlife of Collateral Murder
International Journal of Communication 8 (2014), Feature 2593–2602 1932–8036/2014FEA0002 WikiLeaks and the Afterlife of Collateral Murder CHRISTIAN CHRISTENSEN Stockholm University, Sweden In this essay, the author considers not only what is shown in the WikiLeaks Collateral Murder video but reflects upon what the act of uploading this video symbolized and continues to symbolize and how the multifaceted symbolic value of the video has led to its steady inscription and reinscription into the public consciousness during a wide variety of popular and political debates. Apart from the disturbing content of the film, showing a potentially criminal act, the author argues that the uploading of the film was itself an act of dissent and, thus, a challenge to U.S. power. This combination of content and context makes the WikiLeaks Collateral Murder video an interesting case study that touches upon several key areas within academic study. Keywords: WikiLeaks, journalism, war, visual culture, Iraq, Collateral Murder, video Introduction On April 5, 2010, WikiLeaks released Collateral Murder, a video showing a July 12, 2007, U.S. Apache attack helicopter attack upon individuals in New Baghdad. Among the more than 23 people killed by the 30-mm cannon fire were two Reuters journalists. WikiLeaks published this statement in conjunction with the release: WikiLeaks has released a classified U.S. military video depicting the indiscriminate slaying of over a dozen people in the Iraqi suburb of New Baghdad — including two Reuters news staff. Reuters has been trying to obtain the video through the Freedom of Information Act, without success since the time of the attack. -
Tanja Zimmermann (Ed.) Balkan Memories Media Constructions of National and Transnational History
From: Tanja Zimmermann (ed.) Balkan Memories Media Constructions of National and Transnational History September 2012, 270 p., 33,80 €, ISBN 978-3-8376-1712-2 This book gives an insight into the media constructions of historical remembrance reflecting transnational, national or nationalistic forms of politics. Authors from post-Yugoslavia and neighbouring countries focus on the diverse transnational (such as Austro-Hungarian, Yugoslav etc.) and na- tional (such as Bosnian, Croatian, Serbian etc.) memory cultures in South- Eastern Europe, their interference and rivalry. They examine constructions of memory in different media from the 19th century to recent wars. These include longue durée images, breaks and gaps, selection and suppression, traumatic events and the loss of memory, nostalgia, false memory, reactiva- tion, rituals and traces of memory. Tanja Zimmermann (Junior Professor; PhD in art history and Slavic studies) teaches East-European literature and art history at the University of Constance (Germany). For further informationen: www.transcript-verlag.de/ts1712/ts1712.php © 2012 transcript Verlag, Bielefeld 2012-08-30 14-48-05 --- Projekt: transcript.anzeigen / Dokument: FAX ID 03a2313724081992|(S. 1 ) VOR1712.p 313724082000 Inhalt Acknowledgements | 9 Introduction | 11 Tanja Zimmermann (Konstanz) NATIONAL MEMORIES Public Monuments, Memorial Churches and the Creation of Serbian National Identity in the 19th Century | 33 Nenad Makuljević (Belgrade) Banknote Imagery of Serbia | 41 Ivana Živančević-Sekeruš (Novi Sad) City Identity