The indictment of Julian Assange under the Espionage Act has profoundly affected press coverage of the WikiLeaks founder, with much of the media turning suddenly and decisively in his favor after years of vilifying him.
The sharp change has also come from some politicians, and significantly, from two Justice Department prosecutors who went public to express their dissent about using the Espionage Act to indict Assange.
To the extent that public opinion matters, the sea-change in coverage could have an effect on the British or Swedish governments’ decision to extradite Assange to the United States to face the charges.
Used to Be a Russian Agent
Since the 2016 U.S. presidential election establishment media, fueled by the Mueller probe, has essentially branded Assange a Russian agent who worked to undermine American democracy.
Focusing on his personality rather than his work, the media mostly cheered his arrest by British police on April 11 after his political asylum was illegally revoked by Ecuador in its London embassy. When Google Met WikiLeaks Best Price: $4.99 Buy New $1.99 (as of 01:25 EST - Details)
Assange’s initial indictment for conspiracy to intrude into a government computer was portrayed by corporate media as the work of a “hacker” and not a journalist, who doesn’t merit First Amendment protection.
But the superseding indictment under the Espionage Act last Thursday has changed all that.
Rather than criminal activity, the indictment actually describes routine journalistic work, such as encouraging sources to turn over sensitive information and hiding a source’s identity.
Since the Trump administration has crossed the red line criminalizing what establishment journalists do all the time, establishment journalists have come full-square against the indictment and behind Assange.
Leading liberal outlets, who until Wednesday openly despised Assange, began on Thursday to make 180 degree turns in their editorials, commentaries and news reports.
An editorial in The New York Timescalled the indictment “a marked escalation in the effort to prosecute Mr. Assange, one that could have a chilling effect on American journalism as it has been practiced for generations. It is aimed straight at the heart of the First Amendment.”
“The new charges focus on receiving and publishing classified material from a government source. That is something journalists do all the time. … This is what the First Amendment is designed to protect: the ability of publishers to provide the public with the truth.”
The Times praised Assange’s work:
“Mr. Assange shared much of the material at issue with The New York Times and other news organizations. The resulting stories demonstrated why the protections afforded the press have served the American public so well; they shed important light on the American war effort in Iraq, revealing how the United States turned a blind eye to the torture of prisoners by Iraqi forces and how extensively Iran had meddled in the conflict.”
Former Guardian editor Alan Rusbridger wrote:
” I find the Trump administration’s use of the Espionage Act against him profoundly disturbing. … Whatever Assange got up to in 2010-11, it was not espionage. … Imagine the precedent if the Trump administration gets away with this. Israel and India have extensive nuclear weapons programmes – each protected by ferocious domestic official secrets acts. Think of the outcry if the Netanyahu or Modi governments attempted to extradite a British or US journalist to face life in jail for writing true things about their nuclear arsenals. …
Assange is accused of trying to persuade a source to disclose yet more secret information. Most reporters would do the same. Then he is charged with behaviour that, on the face of it, looks like a reporter seeking to help a source protect her identity. If that’s indeed what Assange was doing, good for him.”
The New Yorker‘s Masha Gessen, wrote: “The use of the Espionage Act to prosecute Assange is an attack on the First Amendment. … It stands to reason that an Administration that considers the press an ‘enemy of the people’ would launch this attack. In attacking the media, it is attacking the public.’
MSNBC’s Rachel Maddow, the Democratic Party booster, who probably had more influence than any commentator in drumming up the Russiagate conspiracy and Assange’s alleged role in it, on Thursday launched into an astounding defense of the imprisoned publisher. On her program she said:
“The Justice Department today, the Trump administration today, just put every journalistic institution in this country on Julian Assange’s side of the ledger. On his side of the fight. Which, I know, is unimaginable. But that is because the government is now trying to assert this brand new right to criminally prosecute people for publishing secret stuff, and newspapers and magazines and investigative journalists and all sorts of different entities publish secret stuff all the time. That is the bread and butter of what we do.”
Nick Miller, writing in The Sydney Morning Herald, said:
“On the face of it this indictment covers a lot of practices that are standard to investigative journalism: appealing for information, encouraging a source to provide documents that are not publicly available, reporting classified information you believe is in the public interest and the public has a right to know. …It may be that prosecutors can argue Assange was not acting as a journalist. But they would, by doing so, make the line separating journalism from espionage wafer-thin, and much more dangerous to approach, even in the public interest.”
The indictment for espionage also caused a number of politicians to back Assange. Two U.S. candidates for president and another senator spoke out in his favor. Sen. Bernie Sanders (I-VT) tweeted:
Let me be clear: it is a disturbing attack on the First Amendment for the Trump administration to decide who is or is not a reporter for the purposes of a criminal prosecution. Donald Trump must obey the Constitution, which protects the publication of news about our government. https://t.co/5JtHNHH2BE
— Bernie Sanders (@SenSanders) May 24, 2019
Sen. Elizabeth Warren (D-MA) said in a statement: “Trump should not be using this case as a pretext to wage war on the First Amendment and go after the free press who hold the powerful accountable everyday.”
“This is not about Julian Assange,” Sen. Ron Wyden (D-OR) said in a statement. “This is about the use of the Espionage Act to charge a recipient and publisher of classified information. I am extremely concerned about the precedent this may set and potential dangers to the work of journalists and the First Amendment.”
In Assange’s native Australia, Sen. Rex Patrick said:
“The United States government’s decision to charge Australian citizen and publisher Julian Assange with new espionage offences relating to receiving and publishing classified US government information raises a grave threat to freedom of the press worldwide, and must be viewed so by the Australian government,” he said.
“The Australian government should be active not only in providing consular support to Mr Assange, who is an Australian citizen, but also outspoken in making representations to the British government against allowing Mr Assange to be extradited to the United States on charges that so obviously constitute a grave threat to press freedom.”
Bob Carr, a former Australian foreign minister, said: “While it appears capital punishment does not apply in this case, the US, by seeking extradition for offences that might attract a 175 years imprisonment, could be testing the tolerance of its allies and partners. I think this changes the game almost as much as if capital punishment were the penalty.”
Carr said Australian Foreign Minister Marise Payne, “needs to protect herself from the charge that she’s failed in her duty to protect the life of an Australian citizen.
“Therefore I would imagine that Dfat (the Department of Foreign Affairs and Trade) will provide her with talking points to conversations with her British, Swedish and indeed American counterparts.
“Not to do so would leave the minister exposed to withering criticism that they did not take all appropriate action that might have made a difference, mainly before the British court makes a decision.”
Extradition Made Harder
The Trump administration appears to have gone too far in its Espionage Act indictment, eliciting not only media pushback, but perhaps complicating its extradition case. The British home secretary may now not want to been seen sending a suspect to a country that has clearly criminalized journalism.
Miller, in the Herald, wrote:
“By bringing espionage into the picture the US have also made their extradition work much, much harder. Assange’s lawyers may try to argue that he is being extradited for his political opinions (which is not allowed), or for conduct that would not be a crime in the UK (ditto). This last is a very interesting question. The UK’s Official Secrets Act may be even harder to stretch to cover Assange’s actions then the US Espionage Act.”
The Intercept reported:
“The uproar could make it easier for Assange’s lawyers in the U.K. — where he is currently serving a 50-week jail term for violating bail — to argue that he is wanted in the United States primarily for embarrassing the Pentagon and State Department, by publishing true information obtained from a whistleblower, making the charges against him political in nature, rather than criminal.”
It is not clear why the U.S. released its superseding indictment when it did. It had until a June 12deadline to do so. The U.S. government also had the option of a loophole in its extradition treaty with Britain, providing for a waiver to the “doctrine of speciality.”
That would have allowed the U.S. to ask Britain to waive the provision that the UK would have to know all the charges against a suspect before an extradition decision would be made, thereby not permitting the U.S. to add more charges once Assange was on U.S. soil. One possibility is that the U.S. asked Britain for the waiver and it was refused.
Personal Attacks Continue
The liberal news outlets who are now finally defending Assange’s activity because the indictment opens themselves to legal jeopardy could not, however, refrain from taking potshots at him.
The Times, for instance, admitted its role in cooperating with WikiLeaks, and thus its potential criminal liability, given the new circumstances. But the paper tried to wriggle out of it by calling Assange “a source” rather than “a partner.”
If Assange were merely a “source” he would not deserve the protection the Times implies he now merits as a journalist when they compared his activity to “something journalists do all the time.” Either he is a source or a reporter. If he’s a reporter then the Times is just using another reporter’s work but treating him as a source. If he’s only a source then he does not merit First Amendment protection.
“Despite anyone’s feelings about this spectacularly unsympathetic character at the center of this international drama, you are going to see every journalistic institution in this country, every First Amendment supporter in this country, left, right and center, swallow their feelings about this particular human and denounce what the Trump administration is trying to do here. Because it would fundamentally change the United States of America.”
And Gessen added:
“Assange is a fundamentally unappealing protagonist. He keeps terrible political company. He is, apparently, terrible company himself. In his writing and interviews, he comes across as power-crazed and manipulative. Most important, when he published leaked classified documents, he shared information that exposed people to danger. He is the perfect target precisely because he is unsympathetic. One has to hold one’s nose while defending Assange—and yet one must defend Assange.”
Senator Warren also found it necessary to blast Assange. She said, “Assange is a bad actor who has harmed U.S. national security — and he should be held accountable.”
Rusbridger said: “We fell out, as most people eventually do with Assange. I found him mercurial, untrustworthy and dislikable: he wasn’t keen on me, either.” Significantly, Rusbridger pointed out that, “All the collaborating editors disapproved of him releasing unredacted material from the Manning trove in September 2011.” The WikiLeaks Files: T... Best Price: $4.18 Buy New $6.95 (as of 06:20 EST - Details)
First, Assange’s revelation of the names of sources and informants in its publications forms a major part of the superseding indictment. But the indictment does not spell out any law that Assange violated by doing this. It is illegal in the U.S. to unmask a covert intelligence agent, as happened in the Valerie Plame case, but not to reveal a source or informant.
Second, there is no evidence that anyone was ever harmed by the uncovering of these names.
Third, most importantly as far as Rusbridger is concerned, is that he completely omits his newspapers’ role in the affair. Rusbridger was the Guardian editor when two of his reporters, David Leigh and Luke Harding, in their February 2011 book WikiLeaks: Inside Julian Assange’s War on Secrecy, published a password to unpublished and un-redacted WikiLeaks files containing the names of informants in files that only intelligence agencies and governments could decrypt. That led Assange to publish the files with their names in September 2011 so that the sources could seek safety.
Conveniently left out: Guardian inv. ed. published a secret PW in a book that led to forced release of unreacted cables. – Cowardly attempt to rewrite history: “The Guardian disapproved of the mass publication of unredacted documents …and broke with Mr Assange over the issue”. pic.twitter.com/OJ3JdS5y7o
— WikiLeaks (@wikileaks) May 24, 2019
“We don’t like Assange, so much so that we’re willing to violate minimal journalistic standards in publishing multiple smears and lies about him. But we profess to care about journalism when his plight could impact ours.” -The Guardian https://t.co/CgxkBJ6bSl
— Aaron Maté (@aaronjmate) May 27, 2019
The personal attacks on Assange and what kind of person he is has never been relevant. What is relevant is that he’s a journalist who has been persecuted and now indicted for practicing journalism, a fact that mainstream journalists have finally woken up to.
Reprinted with the author’s permission.