Julian Assange arrest: A direct assault on press freedom
13/4/19
Julian Assange was arrested in London on 11th April, emerging after more than six and half years from the Ecuadorian Embassy where he had been granted asylum in August 2012. Originally welcomed by leftist Ecuadorian President Rafael Correa, Assange’s status has been in negotiation for almost a year by centrist President Lenin Moreno who took office in 2017. Moreno had cut off Assange’s internet connection in the embassy in March 2018, making communication with the outside world difficult.
Charges
against Julian Assange, the founder and leader of WikiLeaks, that were unsealed on Thursday brought to a head a long-running
debate about whether his actions could be construed as a crime and what
prosecuting him would mean for American press freedoms.
Mr.
Assange vaulted to global fame in 2010, when his anti-secrecy website began
posting archives of secret American military and diplomatic documents leaked by
Chelsea Manning, an Army intelligence analyst who had downloaded them from a
classified computer network she worked on at her outpost in Iraq. His image
became more complicated in 2016, when WikiLeaks published stolen Democratic emails that the Russian government had hacked as part of
its covert operation to damage Hillary Clinton and help Donald J. Trump win the
presidency.
Throughout
that saga, national security and law enforcement officials in both the Obama
and the Trump administrations have weighed whether they could charge Mr.
Assange with a crime. That debate has raised concerns by press freedom advocates about what any
precedent established by his case would mean for First Amendment rights and the
future of investigative journalism in the United States.
While
many legal scholars believe that prosecuting reporters for doing their jobs
would violate the First Amendment, the prospect has never been tested in court
because the government has never charged a journalist under that law. The
rumblings about prosecuting Mr. Assange raised the possibility that prosecutors
could violate that norm and try to establish that publishing government secrets
can be a crime.
The charge sheet accusing
Julian Assange of engaging in criminal theft of US state secrets contains a
direct assault on fundamental press freedoms and could have a devastating
effect on the basic acts of journalism, leading first amendment scholars and
advocacy groups have warned.
Prosecutors
in the eastern district of Virginia released on Thursday an indictment against
the WikiLeaks founder that has been under seal since March 2018. It will now
form the basis of the US government’s request for Assange to be extradited from
the UK to Alexandria to face trial.
Academics
and campaigners condemned large chunks of the indictment that they said went
head-to-head with basic activities of journalism protected by the first
amendment of the US constitution. They said these sections of the charges rang
alarm bells that should reverberate around the world.
Yochai
Benkler, a Harvard law professor who wrote the first major legal studyof
the legal implications of prosecuting WikiLeaks, said the charge sheet
contained some “very dangerous elements that pose significant risk to national
security reporting. Sections of the indictment are vastly overbroad and could
have a significant chilling effect – they ought to be rejected.”
Carrie
DeCell, staff attorney with the Knight First
Amendment Institute at Columbia University, said the charges
“risk having a chill on journalism”. She added that the tone of the indictment
and the public release from the Department of Justice that went with it
suggested that the US government desired precisely that effect.
“Many
of the allegations fall absolutely within the first amendment’s protections of
journalistic activity. That’s very troubling to us.”
The
Center for Constitutional Rights, whose late president Michael Ratner was
Assange’s lawyer in the US, warned that the threat posed by the indictment was
increased by having a president in the White House hostile to the media.
“This
is a worrying step on the slippery slope to punishing any journalist the Trump
administration chooses to deride as ‘fake news’,” it said.
Two
advocacy groups working in the field of press freedom also waded in. The Committee
to Protect Journalists said the wording of the charges
contained “broad legal arguments about journalists soliciting information or
interacting with sources that could have chilling consequences for
investigative reporting and the publication of information of public interest”.
Freedom of
the Press Foundation said: “Whether or not you like Assange,
the charge against him is a serious press freedom threat and should be
vigorously protested by all those who care about the first amendment.”./.
All comments [ 18 ]
The charges just boil down to encouraging a source to provide him information and taking efforts to protect the identify of that source. Journalists around the world should be deeply troubled by these unprecedented criminal charges.
Several prominent groups that advocate for the press say they are very concerned about the implications of Thursday's charges, even though, the indictment does not explicitly charge Assange for publication."
The persecution of those who provide or publish information of public interest comes at the expense of the investigative journalism that allows a democracy to thrive.
The U.S. government indictment of Julian Assange is an aggressive and potentially chilling legal document for journalists in the U.S. and abroad.
Prosecuting a foreign publisher for violating U.S. secrecy laws would set an especially dangerous precedent for U.S. journalists, who routinely violate foreign secrecy laws to deliver information vital to the public's interest.
I worry that Assange will not be able to present a full defense should he be successfully extradited to the United States, as there may be cases where serious journalists should publish classified documents however they are obtained.
The United Nations had formally ruled Assange's "detention to be arbitrary, a violation of human rights.
This man is a son, a father, a brother. He has won dozens of journalism awards. He's been nominated for the Nobel Peace Prize every year since 2010. Powerful actors, including CIA, are engaged in a sophisticated effort to dehumanise, delegitimize and imprison him.
I was "deeply shocked" by the arrest, asserting that "human rights, and especially freedom of expression, are under attack once again in Europe.
I am in shock. How could you Equador? (Because he exposed you.). How could you UK? Of course–you are America's b**** and you need a diversion from your idiotic Brexit bullshit. And the USA? This toxic coward of a president. He needs to rally his base? You are selfish and cruel. You have taken the entire world backwards
Yes, all three countries are devils and liars and thieves.
I do think it's ironic that he may be the only foreigner that this administration would welcome to the US.
I think what's happening here is, unfortunately, it is some form of retaliation coming from the government saying, 'Hey, this is what happens when you release information that we don't want you to release (Like America usually tells about countries such as Vietnam, China or Myanmar).
This is such a dangerous and slippery slope, not only for journalists, not only for those in the media, but also for every American that our government can and has the power to kind of lay down the hammer to say, 'Be careful, be quiet and fall in line, otherwise we have the means to come after you.' "
Any prosecution by the United States of Assange for Wikileaks’ publishing operations would be unprecedented and unconstitutional and would open the door to criminal investigations of other news organizations.
We strongly condemn the detention of Julian Assange and the violation of freedom of expression. Our solidarity is with this brother who is persecuted by the government for revealing its human rights violations, murders of civilians and diplomatic espionage.
The indictment threatens many common journalist-source practices: protecting source anonymity, using an encrypted messenger, requesting docs.
Arresting Julian Assange for publishing is an attack on fundamental press freedom that democracy depends on. Like Chelsea Manning, US empire wants to imprison him for the "crime" of revealing what our government is doing. All who support democracy must resist!
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