The Case of Julian Assange and the Espionage Act

For my first story on Porzig Politics, I’d like to address the case of Julian Assange, WikiLeaks, and the Trump DOJ’s opting to pursue criminal charges against Assange.

Before diving into the details of Assange’s particular case, it should first be noted that the actual prosecution of leakers throughout the modern-day history of the United States has been seldom to say the least.

The Espionage Act was passed in 1917 for the purpose of punishing spies and traitors during WWI. From the years 1917 to 2009, there had only been one person convicted for violating the Espionage Act. That’s 92 years and only one conviction to show for it. It should also be noted that this individual was not a publisher like Assange and WikiLeaks, but rather a source who leaked classified information to a media organization.

After President Barack Obama was elected to become President of the United States, his administration began to make use of the Espionage Act, cracking down on leakers of classified information. Obama’s administration charged a total of 8 individuals who committed acts such as these including notorious whistleblowers Thomas Drake, Chelsea Manning, and Edward Snowden.

Despite opting to break away with historic norms by going after such leakers, President Obama’s Administration refused to cross the line in prosecuting publishers who received information from these individuals, as it was deemed such individuals would have first amendment protections, therefore making any charge against them unconstitutional.

Now, in the Trump Era, the slope paved largely by the Obama Administration is becoming more slippery indeed as the Trump DOJ has already prosecuted seven leakers in the span of two years. To add to that number, Assange is now set to become the first individual in U.S. history to be prosecuted under the Espionage Act for publishing classified information, which he received from former servicemember Chelsea Manning.

The most notable of the leaked information was the “Collateral Murder” recording, which provides first-person audio and video of a U.S. Apache helicopter flying over a New Baghdad suburb, gunning down at least a dozen individuals who they viewed as threats. Among those who were gunned down were two Reuters journalists and two young children sitting inside of a van that appeared to have come for the purpose of transporting the wounded, only to then be engaged by the Apache. The recording clearly shows the gunman shoot down two of the men from the van that were seen trying to carry one of the bodies into the van. During the recording, you can also hear the gunman pleading with his commander for approval to shoot at the targets, who then gives it to him with very little hesitation. Below the story, I’ve provided the link to this recording, as well as a video of a U.S. Soldier on the ground that day giving his account of the events.

As mentioned earlier, Assange is set to become the first individual in the history of the United States to be prosecuted for publishing classified information. Of the eighteen counts that Assange is being charged with, seventeen of them have to do with his seeking, obtaining, and disclosing of National Defense information, something that journalists have done without penalty throughout the history of the United States.

With the Trump DOJ going after Assange via the Espionage Act, this gives way for many other journalists to have their journalistic freedom undermined by the government in the years to come. Such an event would not only limit journalists in their seeking of information, but also hinder the ability of Americans to receive important information about the inner workings of their government in their foreign and domestic endeavors.

What began with the Obama Administration and continued with the tough talk from Trump is now slowly working to diminish the transparency that a healthy democracy needs now more than ever in an era of dishonesty, corruption, and strongman politics.

Sources:

https://www.google.com/amp/s/beta.washingtonpost.com/opinions/2019/05/27/assange-case-does-not-herald-new-assault-press/%3foutputType=amp

https://www.washingtonpost.com/outlook/2019/05/25/us-says-julian-assange-is-no-journalist-heres-why-that-shouldnt-matter/?noredirect=on&utm_term=.e9a12685c1d9

https://www.justice.gov/opa/press-release/file/1165556/download

https://collateralmurder.wikileaks.org/

https://pressfreedomtracker.us/blog/obama-used-espionage-act-put-record-number-reporters-sources-jail-and-trump-could-be-even-worse/

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