Attorney General Merrick Garland has allowed the extradition case to proceed against former WikiLeaks editor-in-chief Julian Assange.
Assange has been detained at the Belmarsh high-security prison in London for more than two years, and every reputable press freedom organization recognizes the case poses a distinct threat to journalism.
For example, Reporters Without Borders international campaigns director Rebecca Vincent pointed out, "If the U.S. government is successful in securing Assange's extradition and prosecuting him for his contributions to public interest reporting, the same precedent could be applied to any journalist anywhere. The possible implications of this case simply cannot be understated. It is the very future of journalism and press freedom that is at stake."
Furthermore, instead of abandoning the prosecution launched under Trump, the Biden Justice Department secured a guilty plea from Daniel Hale, a former military contractor and drone whistleblower.
Hale helped expose the targeted assassination program, including drone warfare. He pled guilty on March 31 to one charge of violating the Espionage Act, when he provided documents to Intercept co-founder Jeremy Scahill and anonymously wrote a chapter in Scahill's book, The Assassination Complex: Inside the Government's Secret Drone Warfare Program.
Astonishingly, prosecutors refused to dismiss additional charges and cancel the trial altogether. Hale is set to be sentenced in July, and if prosecutors are not pleased with the severity of the sentence, they can continue to target an unemployed military veteran already coping with mental health problems.
NSA whistleblower Reality Winner and FBI whistleblower Terry Albury remain in prison after the Trump administration prosecuted them under the Espionage Act. NSA whistleblower Edward Snowden lives in exile in Russia as the government maintains their prosecution, even seizing profits from his memoir and any speaking engagements.
The Biden administration has done nothing to rein in policies that allow Customs and Border Patrol (CBP) agents and Immigration and Customs Enforcement (ICE) officers to engage in suspicionless searches of travelers' electronic devices in violation of both the First and Fourth Amendments.
On February 9, 2021, the First Circuit appeals court overturned a district court decision and claimed "reasonable suspicion is not required before a border agent can conduct a basic search," according to the Knight Institute, which filed the lawsuit. They also contended "probable cause is not required before a border agent can conduct an advanced search."
Between 2006 and June 2018, according to a report from the Committee to Protect Journalists (CPJ), "37 journalists were stopped collectively for secondary screenings more than 110 times."
"Many of the 37 cases identified for this report were among journalists who travel to the Middle East or report on terrorism or national security-all factors that increase the likelihood of being stopped," CPJ added. "Arabs, Muslims, and individuals of Middle Eastern or South Asian descent face increased scrutiny at the border, according to the ACLU and other civil liberties organizations."
Canadian journalist Ed Ou traveled to the U.S. to cover the protests at Standing Rock in October 2016. He was questioned about his interest in indigenous groups. An officer even said "covering a protest is not a valid reason to come into the country."
Ou worked in authoritarian countries previously and secured all his electronics before traveling to those countries. However, he was not prepared to do this in a "liberal democracy like the U.S., which claims to protect press freedoms and freedom of expression."
In another lawsuit by the Knight Institute, the Biden administration is defending a prepublication review system former government employees, especially those who work in security agencies, must submit to in order to publish books. It frequently employs arbitrary and politically driven censorship to suppress content that could embarrass the U.S. government.
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