A decision to prosecute Assange would mark a 180-degree change of direction for President Trump. During the 2016 presidential campaign Trump declared, "I love WikiLeaks" after it published confidential emails from the Democratic National Committee that some U.S. intelligence agencies claim were obtained by Russian hackers (although Assange denies getting the material from Russia).
In March, WikiLeaks published CIA documents containing software and methods to hack into electronics. This was the beginning of WikiLeaks' "Vault 7" series, which, Assange wrote in an op-ed in The Washington Post, contained "evidence of remarkable CIA incompetence and other shortcomings."
The publication included "the agency's creation, at a cost of billions of taxpayer dollars, of an entire arsenal of cyber viruses and hacking programs -- over which it promptly lost control and then tried to cover up the loss," Assange added. "These publications also revealed the CIA's efforts to infect the public's ubiquitous consumer products and automobiles with computer viruses."
CIA Director Michael Pompeo called WikiLeaks "a non-state hostile intelligence service often abetted by state actors like Russia."
Pompeo said, "We have to recognize that we can no longer allow Assange and his colleagues the latitude to use free speech values against us." Pompeo declared, "Julian Assange has no First Amendment privileges. He is not a U.S. citizen."
But, the Supreme Court has long held that the Constitution applies to non-Americans, not just U.S. citizens. And, when the Obama Justice Department considered prosecuting WikiLeaks, U.S. officials were unable to distinguish what Wikileaks did from what the Times and Guardian did since they also published documents that Manning leaked. WikiLeaks is not suspected of hacking or stealing them.
A week before Trump fired FBI Director James Comey, Comey told the House Intelligence Committee, "WikiLeaks is an important focus of our attention." He said the Justice Department's position "has been [that] newsgathering and legitimate news reporting is not covered, is not going to be investigated or prosecuted as a criminal act," adding, "Our focus is and should be on the leakers, not those [who] are obtaining it as part of legitimate newsgathering."
But Comey said, "a huge portion of WikiLeaks' activities has nothing to do with legitimate newsgathering, informing the public, commenting on important controversies, but is simply about releasing classified information to damage the United States of America."
As Elizabeth Goitein, co-director of the Brennan Center for Justice's Liberty and National Security Program, wrote at Just Security, Comey was drawing the line "not between leaking classified information and publishing it, but between publishing it for 'good' reasons and publishing it for 'bad' ones."
And, "[a]llowing the FBI to determine who is allowed to publish leaked information based on the bureau's assessment of their patriotism would cross a constitutional Rubicon," Goitein wrote.
Other advocates for civil liberties also defended WikiLeaks as a news organization protected by the First Amendment. "The U.S. government has never shown that Assange did anything but publish leaked information," Kenneth Roth, executive director of Human Rights Watch, told the Times.
Ben Wizner, director of the ACLU's Speech, Privacy and Technology Project, stated in an interview with the Times, "Never in the history of this country has a publisher been prosecuted for presenting truthful information to the public."
Assange's Detention Called Unlawful
In 2016, following a 16-month investigation, the United Nations Working Group on Arbitrary Detention concluded that Assange's detention by Britain and Sweden was unlawful. It stated, "[A] deprivation of liberty exists where someone is forced to choose between either confinement, or forfeiting a fundamental right -- such as asylum -- and thereby facing a well-founded risk of persecution."
A scene from the "Collateral Murder" video in which an Iraqi man stops his van to aid those wounded in a lethal U.S. helicopter attack in Baghdad on July 12, 2007, only to be gunned down by the American gunners.
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