Originally Posted by
Swordsmyth
If Trump is playing chess and the plan is for Assange to come out alright then the strategy must be to get the left to like Assange again and defend him so that when he pulls the rug out from under Russiagate they can't just dismiss it because "he is in league with Trump and Putin"
If that is the plan then it seems to be working already:
- Bloomberg
The New Assange Indictment Endangers Journalism
When the Justice Department unsealed a March 2018 indictment of Wikileaks founder Julian Assange last month, there was a reasonable case to be made that his prosecution would avoid setting a dangerous precedent against press freedom. The original indictment charged Assange with computer hacking on the novel theory that he coached Private Chelsea Manning on how to crack passwords on Department of Defense computers that stored the reams of secret diplomatic cables Wikileaks eventually published. Journalists routinely encourage sources to encrypt their texts and phone calls.
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.
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 didn’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.”
‘Profoundly Disturbing’
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 Friday 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.”
Politicians Too
The indictment for espionage also caused a number of politicians to back Assange. Three 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
“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 mad 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 Morning 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.
More at: https://www.zerohedge.com/news/2019-...assanges-favor
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