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    Report of Secret Grand Jury for Assange

     

    Yesterday there were as yet unconfirmed reports that a grand jury has been ‘secretly empanelled’ outside Washington, D.C. to consider an indictment against Julian Assange.   One of his attorneys, Mark Stephens told David Frost that Swedish authorities shared the information with him recently.  Stephens claims collusion between the US and Sweden in these matters; that’s not surprising.  Assange will be in court today in London for a hearing on his extradition.

    Eric Holder had said this week that he has authorized significant steps to be taken as a result of the latest leaks, but didn’t elaborate; a State Department spokesperson declined to comment on the grand jury reports.

    The conversation between Frost and Stephens on Al-Jazeera television is a marvel to behold.  It’s calm and rational, two qualities that have been lacking in the American media coverage and outcries from politicians demanding he be tried under the Espionage Act, including Diane Feinstein, Peter King, and Kit Bond.  Joe Lieberman has wondered publicly why he hasn’t been extradited from England to the US yet.  Insane cries for Assange’s head aren’t uncommon on the internet and television.

    This CNET page has a lot of good links to follow, including this one to a CNET analysis of the Espionage Act and related cases, including one of a non-US-citizen, who have been convicted under the act.  An excerpt:

    “The 1917 Espionage Act, enacted by the U.S. Congress during World War I, has been a mainstay of national security prosecutions ever since. And it's been upheld as constitutional by every court that has examined whether its invocation in a criminal prosecution complies with the First Amendment's guarantee of freedom of speech. A CNET review of Espionage Act cases shows that judges have generally favored the government and, in a 1985 case, even allowed an extraterritorial prosecution of a non-U.S. citizen. In the 1978 case of U.S. v. Dedeyan, the Fourth Circuit upheld the Act against arguments that it was vague and overly broad. A year later, in U.S. v. Boyce, the Ninth Circuit ruled it was "constitutionally sufficient." "We find no uncertainty in this statute which deprives a person of the ability to predetermine whether a contemplated action is criminal under the provisions of this law," the U.S. Supreme Court ruled unanimously in 1941. "The language employed appears sufficiently definite to apprise the public of prohibited activities and is consonant with due process."

    The links toward the middle of the original CNET page report on some of the fake Wikileaks mirror sites, and the phony memos and cables that have been published.  That was something I’d foolishly never considered.

    And a link to writings from Assange via zunguzungu at the time he founded Wikileaks, including this: "Authoritarian regimes give rise to forces which oppose them by pushing against the individual and collective will to freedom, truth and self realization. Plans which assist authoritarian rule, once discovered, induce resistance. Hence these plans are concealed by successful authoritarian powers. This is enough to define their behavior as conspiratorial."

    cross-posted at MyFDL

    Comments

    In another article posted by Australia's Sunshine Coast News, Christine Assange said: "This hearing is a forerunner for the U.S. to extradite him. If the U.S. get their hands on him he will be jailed forever or he will be killed...that's how serious this is."

    And The Ballad of Julian Assange on youtube:

    http://www.youtube.com/watch?v=7VQNWZa68aU&feature=youtu.be


    If the U.S. get their hands on him he will be jailed forever or he will be killed...that's how serious this is."

    If anything would galvanize the far right and the far left, that certainly would.


    Grand juries are always "secretly empaneled." Especially federal grand juries.

    Prosecutors have wide latitude in presenting evidence to grand juries and are frequently able to obtain indictments where normal prosecutorial charges might be dismissed on lack of evidence or misapplication of the law.

    However, the process is exceedingly slow in most cases, compared to the Justice Department simply bringing charges gainst Assange. I can see no particular advantage in this case of empaneling a grand jury when Holder, et al, can more swiftly review the potential criminal laws Assange has broken and determine how his actions have violated one or another statutes. Taking all that to a grand jury would seem to be a waste of time, and I sense urgency in the government's actions.

    And btw, I have no love for anarchy, bringing down the government, private armies of hackers or idiots who can't understand the difference between the Pentagon Papers case and the arrogant ultimatums of Assange and his organization.


    Yes, ergo the quip: A good prosecutor can get a grand jury to indict a ham sandwich.  ;o)

    Every media outlet adds 'secretly empanelled' to the story line.  I assumed it was a level beyond aleady seated grand juries, and meant that no one from justice was announcing it, which then would mean that it is no longer a secret.  From ABA net:

    In virtually every federal jurisdiction, there is at least one grand jury sitting every day. Generally, most federal indictments involve grand juries that sit for five days a week for a period of one month. For cases involving complex and long-term investigations (such as those involving organized crime, drug conspiracies or political corruption), "long term" grand juries will be impaneled. Such "long term" grand juries typically sit fewer days each week, and their terms can be extended in six month increments for up to three years. The schedules vary among the states that still have grand juries.

    http://www.abanet.org/media/faqjury.html

    It does all sound slow.  And it's duly noted how you feel, expressed in your last paragraph.  Exactly why it was so refreshing to hear the Frost interview.  ;o)


    I assume YANAL?

    "Stupid ultimatums"? WTF are you talking about? "Hey, I got this information I believe is in the public interest and I am going to publish it ... do you want to review it in advance and let us know anything specific you see that could put human life in danger?" is hardly an ultimatum.

    Our government refusing to proactively protect American interests on our behalf certainly isn't Wikileaks' fault; and our government's refusal to do so certainly can't obligate Wikileaks to just bugger-off and say "oh. ok then. So sorry. Nevermind."

    Another thing you seemingly have no love for: Freedom of Speech. You claim for yourself the power to determine if another's exercise of their rights should be allowed. So. Basically you support private armies of military contractors carrying out what should be a function of State operating in secret with zero oversight but not "armies" of private citizens exercising their freedoms. Lovely. I suppose we're all fascists these days ... especially many so-called liberals.


    LOL!  I had to google YANAL.  'You are not a lawyer', for any of the uninititated.  See, I'm so gullible, I figured he was.  Rats.  Beyond Wally's other points, Daniel Ellsberg equates the two.  ;o)


    I'm guessing "YANAL" means You Are Not A Liberal? See what happens when you assume, kgb? And must I own a  Captain Assange decoder ring to be a liberal?

    Yes, stupid ultimatums. Perhaps blackmail would b a better term. As in "Arrest me for WikiLeaks activities and I'll explode my ultra-destructive info bomb." Or "Hey, cooperate in processing our donations to WikiLeaks and hosting its domain or we'll take down your websites."

    Our government refusing to proactively protect American interests on our behalf certainly isn't Wikileaks' fault

    Your comment makes no more sense than saying "Because the bank didn't have enough security guards, you can't blame the robber for making off with a lot of cash."

    I love Free Speech more than you'll ever know. I don't regard encouraging the theft of government secrets for the sake of publishing them as Free Speech. Assange clearly wants to fling his shoes into the machine that is government. That the distinction between Sabotage and Free Speech makes you uncomfortable indicates absolutism is the culprit in your simplistic viewpoint, not fascism.


    Well. You are guessing wrong. Good lord. There is this website out there ... called Google. You don't *have* to guess over stuff these days, you know. Take an example from Stardust one comment up ... she manages to get it right. As such you are responding to me on based on a totally false premise. "Liberal" is truly a meaningless. "Conservative" and "Progressive" are equally useless.

    Speaking of false premises. This isn't a bank robbery. The analogy just doesn't work. In a bank robbery, someone takes something of value and someone else no longer possesses it. In this case, we're not dealing with a fungible asset of monetary value. Nor was anything actually "stolen" - the originators of the data still possess this data and their database structures are 100% fully intact and operational with zero negative impact. It is more accurate to say the information was copied.

    But even granting an analogy that honestly doesn't work. Assange didn't rob the bank. Someone else did. And if you want to make him a "fence" ... how is that any different than any other outlet that launders secret information for the source and publishes it. If an outlet is publishing "Internal Documents" given to them by an "Administration Insider" it's OK? Why? Because the leaks appear to be coordinated by the powerful and serve to keep us from knowing who is actually trying to shape the message on behalf of the government? Indeed - acting as a MSM stenographer helping elected officials hide what they are actually doing is FAR more honorable than what Wikileaks does.

    Nor does Assange have any legal or moral obligation to advance the objectives of the American government. Neither does any American citizen. The government is subservient to the people. They have every right to check it's activities when they disagree with it's course of action. Including making it more difficult to conduct a war.

    Assange is a human who's organization was given information. This information disclosed real crimes, real lies, and the real day-to-day operations of a government that ostensibly is subservient to the people which has been operating in secret. The sort of thing any honestly patriotic American would want their fellow citizens to know about - hence the leaks. Only someone who values the power of the state for the sake of state power - or celebrates wallowing their own ignorance - would protest to knowing what their own government has been up to.

    More importantly, these documents also show that on most occasions secrets are not kept for the purpose of keeping us safe. Which is the biggest lie of our government today: that we can't know what they are doing because if we were to find out the country would be at grave risk. Well. Now we know. And look. Us knowing didn't cause a single negative impact beyond political problems for the people who classified a bunch of shit as secret for political reasons. This alone destroys any validity of your premise that squashing individual freedom somehow serves a greater purpose for society. I'll see your hyperbole-based speculative assertions of national harm and raise you one observable objective reality.

    Ultimately there doesn't seem to be an explanation for your point of view that doesn't boil down to the essence of Facisim - the State operates with impunity for the purpose of protecting the state and a citizens' primary responsibility is servicing the state. Any rights are subservient to what the state declares are it's needs - promulgated publicly yet decided in secret by the elite and powerful of society. Your formula indicates you value free speech. So long as everyone else follows the dictates you have adopted over what isn't allowed to be said. And this is different than the Teabagger version of free-speech ... how? You call yourself liberal while imposing it? Great.

    Also. Wikileaks has nothing to do with Anonymous. Anonymous is exercising their rights to engage in civil disobedience and respond to a corporate decision by a company that actively processes donations for the KKK and the Aryan Nations without a single moral qualm. Also, it isn't really even Assange's duty to protect our troops - he's being a good global citizen by doing so. It won't be his fault if our government decides to physically prevent him from performing that function. And it won't be his fault if the only option left to getting important information into the hands of people in a Democracy will be to forgo the "harm minimization".

    Again. If our government doesn't care to responsibly participate in protecting American assets - their decision to guarantee that the data is damaging to our interests is not the fault of Assange. He has been an above-board actor in all of this. The American government has put a gun to the heads of our Diplomatic Corps and Soldiers while trying to prevent Wikileaks from disclosing their political secrets. Just like the GOP is doing with the unemployed to get their tax cuts. The theory now appears to be that if they can keep Assange from conducting harm-reduction that it will facilitate the suppression of the information. And your dumb-ass is pissed at Wikileaks ... gotta love it.


    Thanks, kgb; that was clear as a bell, and maybe close to perfect.  ;o)


    kgb had me at "Well."


    Brilliant extrapolative analysis, canuck.   ;oP 


    Why hyphenate "dumb-ass" when using it as a noun? Whatever. Next lesson...

    My analogy works just fine for its designed purpose of disproving your assertion that the actor in a crime is relieved of culpability when the victim exercises insufficient precaution against the crime. In fact, you spend eight paragraphs bobbing and weaving to avoid getting nailed for your position's inherent stupidity.

    Your relevant argument opens with a statetment of the obvious:

    In a bank robbery, someone takes something of value and someone else no longer possesses it. In this case, we're not dealing with a fungible asset of monetary value.

    ...and then proceeds to misidentify "data" as the thing stolen:

    Nor was anything actually "stolen" - the originators of the data still possess this data and their database structures are 100% fully intact and operational with zero negative impact.

    Whoa. Wrong. What was stolen was something even less "fungible" than data but something of value nonetheless. What was stolen was a level of national power, security, international cooperation and secrecy that, as a result of the WikiLeaks' actions, no longer exists. What was subtracted from power, security, cooperation, etc., together constitutes the value for which the theft and publication were pursued. And the form of their original value in security and cooperation, etc.—were transformed through the act of possssion and publication into the assets of power, influence and clout.

    What's important here is that the value of what was stolen—and really, how disingenuous is it to argue that nothing was stolen?—erived not only from the data itself but from the fact it was in the sole possession of the U.S. government and its agents. Like any other commodity, scarcity also helps determine the value of information, which is rarely reducible to mere dollars.

    And whether WikiLeaks was the thief or the fence in this analogy makes no practical difference. What is relevant is the intention to harm, hold hostage and intimidate several soverwign governments, including our own.

    If one presumes that Julian Assange takes human perfection to Messianic levels beyond that of mere mortals employed as diplomats (like Richard Holbrooke, for example), then you will support Assange. If you detect in his actions a level of hubris that would be condemned were it to be undertaken by a government, then you are on to something.


    "And whether WikiLeaks was the thief or the fence in this analogy makes no practical difference."

     

    That analogy is false from the get go.  You suggest a false choice between two negative characterizations, both of which do not apply. Assange neither bought a stolen product nor did he try to sell such a product for profit.


    Assange indisputably received stolen goods, a felony regardless of whether the items were paid for.


     I read his manifesto some time ago and I found the language insufferably pretentious. When you actually read the "thoughts" of Julian Assange, they reek of grandiosity, For example a phrase like, "Authoritarian regimes give rise to forces which oppose them by pushing against the individual and collective will to freedom, truth and self realization". Messianic.

    Right now I get the same feeling with Assange that I might get if I watched a child taking apart an expensive watch, which he hadn't the slightest idea of how to put back together again.

    I have read or seen nothing of Assange to change the first impression I had when I saw his eyes... a sinister creep. To be sincere, if I didn't find him so creepy-flakey, I might have had an initially less hostile take on Wikileaks, but the way things have turned out, the look in the eyes and the damage done to world diplomatic communication done in a critical moment in world affairs seem of one piece.


    Yeah, it was hard to read his manifesto without laughing.  It's like a 2010 version of the Port Huron Statement.

    But "sinister?"  Come on, David.  He's a naive idealist, who, like so many tech geeks, thinks that making all information freely available will save the world.  And, like so many tech geeks, his facility with computer code has convinced him that he possesses special insight into human nature and political relationships.  About this, of course, he's very, very wrong, but ultimately pretty harmless.  

    And I know Obama gets slammed a lot for appointing Bob Gates as SoD.  But he seems to be the ony voice of reason out there, noting that yes, some of the leaks are embarrassing, but in no way compromise legitmate security interests.  So I hope that all this talk of prosecution and extradition remains just that.  Talk.   


    He's a naive idealist

    I like your analysis of tech geeks, but I think Assange is a little further around the bend than that.

    Gates is doing very intelligent damage control, this is one of the lines being taken. Here for example is how the Financial Times takes it up: http://www.ft.com/cms/s/0/61f8fab0-06f3-11e0-8c29-00144feabdc0,s01=1.html

    And for sure the US is going to nail Assange to the wall, if for no other reason than to discourage masses of wannabes from imitating him. I don't think they'll give him the lethal injection, but life imprisonment is a probability. Otherwise, this will turn into a total zoo.


    "Otherwise, this will turn into a total zoo."

    I love when the Franco in you comes out.


    don't think they'll give him the lethal injection, but life imprisonment is a probability.

    You're really losing it this time, no sense of reality, off the deep end, convincing yourself of all kinds of stuff you're just making up not even related to the actual story.

    If he's going to jail for life, his partners, the editors of the NYT, are going with him.

    David, no one claims he hacked into the State Dept. and stole their info. He got the stuff from leakers and published them. The leakers are the ones that can be criminally charged,. Surely, they want to figure out how to pressure him into divulging all the leakers, and make sure everyone that considers leaking to him or someone similar thinks twice. But there is no "life sentence" crime that they can charge him with unless he stole the dump or they know he bribed the leakers to do it or some such. Don't you think The Guardian et. al. would have checked that out before they agreed to be involved with him? To even try to touch him, to even try to pressure him to talk, the Feds have to tiptoe into First Amendment territory, a very tough thing for them to do--once again, think Judith Miller, not Scooter Libby.


    But if you could take your eye off the dude's eyes long enough to consider the issues, as in: the information in the leaks, and the government's and Congress's over-reactions, it would be a good thing.  And I confess I kinda like the over-the-top language.  ;o)


    At the risk of being alarmingly repetitive, for me this is what it all boils down to: is the US government legitimately and democratically constituted to define the interests of its citizens and to carry out the defense of those interests, including deciding which of its sensitive communications it chooses to make public?

    Can a non-state actor interfere in that process freely and of his or her own volition without consequences? For me the whole idea of the existence of a republic hangs on the answer to this.


    There have been, and will continue to be, consequences for him, Dave.  Between him and Bernie Sanders, we've had a shot in the arm for resisting the powers weighing us down so heavily.  I'm glad.


    They main legal culpability most likely lies with the person who leaked the information.

    Assange is primarily a journalist.  Yes, he's a new fancy, high-tech journalist with no clear address, and a sort of Wachowski brothers teenage anarchist philosophy.  And the decentralized electronic nature of the publications no doubt raises interesting legal conundrms that aren't posed by conventional print journalism.  And sure he's not a particularly discerning or careful journalist.  But he's just a journalist nonetheless.

    So I suppose one question is whether Assange is merely the recipient of leaked information, or a person who can be pinned as having conspired in the leaking itself.

    Can non-state actors - or citizens of other states - legally interfere in the interest-pursuing activities of republics?   Well, of course they can.   Are US citizens, for example, legally bound to respect the official secrets of the government of Italy, or India or Ecuador?   I assume the answer, at a minimum, is: "When they are in Italy, or India, or Ecuador."  I assume it also has something to do with how those laws are written.  But a government's jurisdiction doesn't extend beyond its sovereign territory.


    "For me the whole idea of the existence of a republic hangs on the answer to this."

    Totally over the top, David. There are laws requiring certain people (not including Assange) to swear not to divulge confidential state information. Someone may have violated their oath, but even that crime has not been proved in a court of law. Meanwhile, the leaks have exposed real crimes committed by government agents (some involving the killing of innocent civilians) and their concealment from the public and other levels of government.

    Yet your chief concern is over the government losing its ability to choose which sensitive information to make public? Do you recall, in the wake of the Plame scandal, the president and vice-president asserting their right (unsanctioned by any law) to arbitrarily and secretly declassify any top-secret document -- long enough to leak its contents to anyone they chose -- then to again secretly reclassify it? No need for any paper documents, just their assertion that that's in fact what they did.

    That's the degree of respect the Bush White House had for classified-secrets legislation: it was a club to bash dissent, nothing more. They'd have rolled on the floor laughing at your idea that the existence of the republic hung in the balance. Get some sleep, man.


    In passing, whether Assange sounds "insufferably pretentious" and "messianic" to you, or looks "creepy" and "sinister," or turns out to be the sexual deviant he has been painted as -- all that is totally irrelevant to the rightness or wrongness, legality or illegality of what WikiLeaks has done. Personally, I'm with Daniel Ellsberg on this: the man's a hero, and he's being targeted because of it. But even if you despise him, it doesn't in any way reflect on the moral question of whether the leaks were and are justified.


    No, David. No, the US Government is not "legitimately and democratically constituted to define the interests of its citizens."

    That is, it possesses no such SOLE capability. There are many other players in life - you know, we use terms like spheres, realms, rights, etc. There are the individuals themselves. And their families. And churches and ethnic groups. There are belief systems and all sorts of social organizations. Take scientists for instance. And if multiple players get to "define" the interests of citizens, then.... ummmm.... no single group is defining. 

    The way you present things here - which you've repeated about 18 times now - isn't really what I would regard as a democratic country. It's like you're talking some weird totalism that you've really gotten jacked on since this Assange thing started.

    Once your brain fog clears and you remember that the world has all sorts of actors in it - and not just some dim-wit states with flags and lobbyists and anthems and little army-men - then you'll feel better. Governments are NOT the world, they do not define truth, they have sole deep eternal ownership and custody over nothing, and they certainly do NOT "define" my interests.

    Now, there are labels for the line of thought you're pursuing. I'm surprised that you've so vigorously outed yourself on this issue, but you really should reconsider. Because lately your opinions on this have sounded... thuggish. You want this guy punished, you can't wait, you're aching for it, and when he is, "stability" will return and all will be well.


    Right. Nobody else in the world uses that linguistic device for anything. Ever. What a messianic clod. Go listen to an old Obama speech ... or hell, a new Obama speech. Or a Clinton speech ... "Man from Hope" ... srsly? Or any damn manifesto/declaration of principle. Fuck. Look at any official document produced by these petty, shallow, catty diplomats who's desire for secret world domination apparently trumps individual citizen's right to know what governments are doing on their behalf. Have you seen the pompous shit they produce at the UN?

    There hasn't been any damage to world diplomacy or diplomatic communication, David. I'm sorry. Too many legitimate diplomats are saying otherwise (unless you only listen to people on Obama's payroll). The fact is your precious Europe is shown to be every bit as nasty and slime-ridden as the good 'ole USA. Even Switzerland was down with torturing folks. How's that expat superiority complex doin' ya?

     


    I believe the US doesn't have much of a case. Simply put, when the US said releasing the documents would put people at risk and harm to the US government, Assange publicly offered them the opportunity to identify those documents that should be kept away from the public's eye. They never responded so their silence could be considered as approval. Besides, there have yet to discover how he obtained the documents. Seems like he and the Pfc never had any contact. I get the impression there's going to be a lot of ex post facto laws written up and/or a very broad intrepretation of existing laws to pretend a law was violated is some way or manner to suit the charges Assange will face in court. Oh and treason is only against a citizen. I suspect as long as the person in question commits a "treasonable crime" while on US soil they can be prosecuted, but I think they can't prove Assange commited any treasonable actions while on US soil. There's a whole bunch of international laws that deal with this issue that isn't being covered which implies the US goverment is on a witch hunt and Assange has been found guilty before his trial so as to sooth the injustice felt by conservatives...the grand jury and trial are mere formalities.


    Think about this phrase a bit:

    Assange publicly offered them the opportunity to identify those documents that should be kept away from the public's eye.

    Who is Assange to negotiate with the US government about documents that are government property in that fashion? This is really like negotiating with a terrorist group... Except for the bomb or the gun, what is their standing or legitimacy?


    He did it so that the DoD could redact any info or names that would endager lives.  He did apparently mess up here and there, according to the man who has left Assange's group and started his own Leaks site.  Sorry, I can't remember his name, but I'm sure it's easily googleable, and you can read his indictments of Assange there.


    Their standing is that they are humans in a free society with information. What is America's standing to tell an Australian running a web site in Denmark that they can't inform the world what America is up to?

    Who the hell is the US government to tell Assange what he can and can not tell people? Knowledge is not property over which ownership can be asserted.


    "Knowledge is not property over which ownership can be asserted."

    YOANAL.


    No. But I do work in depth with intellectual property. This is an underlying principle of copyright and patent law ... the idea being that people will be more willing to share their knowledge if they are offered a certain period of commercial protections for the *specific application* of that knowledge.

    It is a long-standing principle of United States copyright law that "information" is not copyrightable, O'Connor notes, but "collections" of information can be. Rural claimed a collection copyright in its directory. The court clarified that the intent of copyright law was not, as claimed by Rural and some lower courts, to reward the efforts of persons collecting information, but rather "to promote the Progress of Science and useful Arts" (U.S. Const. 1.8.8), that is, to encourage creative expression.

    Since facts are purely copied from the world around us, O'Connor concludes, "the sine qua non of copyright is originality". However, the standard for creativity is extremely low. It need not be novel, rather it only needs to possess a "spark" or "minimal degree" of creativity to be protected by copyright.

    Feist V. Rural is not the only precedent that supports the interpretation, but it does fine to demonstrate the principle.

     


    Shorter kgb999 answer to brewmn: Pay no attention to that man behind the curtain.


    I'd guess they wouldn't have much of case, either, but I think being tried under the Espionage Act is different from Treason.  Two different standards for different alleged crimes.  But your idea of ex posto facto laws being enacted is pretty horrific to consider. 

    And was it ever said that Manning was even close to the only source on the leaks?  I keep thinking that's unlikely.


    I would imagine that Manning is being very cooperative with the authorities right now... his only chance of coming out of prison before his hair turns gray is to show that he was manipulated and fooled into gathering and releasing the material and to drag as many people into it as he can.


    You are commenting on something you genuinely don't appear to understand. It's one thing to disagree with what Wikileaks does, but this is just stupid. Who are you proposing "fooled" or "manipulated" Manning? Assange? ROTFLMAO. We need to make you a whole tin-foil jumpsuit.

    There isn't someone for Manning to turn in on this. Read his chat logs with Lamo. Truth is that any lawyer in the world would be telling Manning to keep his mouth shut right now. Without auditing (which apparently our DoD system doesn't have) it is going to be very difficult to prove data transfer. To date, they have only definitively identified in the neighborhood of *50* documents that were actually downloaded to his hard drive. There is also nothing linking manning with the DoD releases. His best move is to sit quiet until the government puts it's cards on the table and then negotiating for a deal to save the Gov. having to prove their case using data that engenders legitimate defense challenges every step of the way.

     


    Never underestimate the political power of the GOPer's, especially when they're in the minority and are looking to make Obama and Democrats look inept at governing and protecting Americans from terrorists.


    The secretly empaneled Grand Jury can hear secret evidence and then Assange can be indited. The public can then believe that if they only knew the secret evidence they too would want to see an inditement, or maybe even a bit of secret wet-work by our patriotic secret security agents. Especially when government officials, who speak off-the-record, leak secret information that demonizes Assange. Even if that secret evidence is a lie, it is unlikely that anyone in the know will leak the secret truth and risk being thrown into solitary confinement where anything they would like to say to the American public to justify their action is kept secret. That is what has happened to Bradley Manning.
     One thing that is not a secret, but that most Americans want to ignore, is that our government, like any government, will lie to hide everything ranging from nothing, to embarrassment, to murderous war crimes. But please, don't tell anybody that I said so.


    Your secret is safe with us, Lulu.  LOL!  Good take, by the way.  I'm reading a piece at fdl about Karl Rove's possible involvement, but I'm waiting to see if it's just conjecture or what.  The man quotes an Amy Goodman interview at length about Rove's ties to Prime Minister Reinfeldt.  Oh, those small circles of power!


    I really do hope y'all have taken the time to listen to the Frost interview.  And I'm going to put up the Emmaus Children ballad.  The lyrics:

    I heard the news just yesterday that they've taken you away
    to be extradited to the USA
    They say that it's to Sweden that they're gonna take you first
    but the Yankees are pressing hard - for revenge is what they thirst

    They persecute your website and they kill your funding too
    There simply isn't anything they'd hesitate to do
    They've used bullets, napalm, bombers to get rid of who they hate
    and they're willing to use all these things to seal up your fate

    They'll be doing all they can to lock truth up in jail
    but what their efforts will come down to is one big epic fail

    They claim that you're a rapist but we all know it's not true
    Instead the cause for all this is what you and others do
    to spread the word 'bout nasty deals, to spill their beans big time
    to tear the veil of secrecy that's covering up their crime

    If you lived in China we all know what that would mean
    you would get a Nobel prize and your own limousine
    and lots of good publicity for doing the right thing
    but you've taken on Amerikkka - and that's the biggest sin

    They say that you're a menace to society for delivering them a blow
    revealing what the ruling class don't want us to know

    These Huckabees and Palins they all wish that you were dead
    but even if they succeeded in cutting off your head
    they couldn't turn the tide, their system's cracking at the seams
    you can always kill a man but you can never kill our dreams



    Billy Glad, former star and stage at theCafe Readers Blogs has an Assange question up at MyFDL.  I asked if I should cross-post it, but haven't heard back.  I figure some you might like to read it, and/or comment there.

    http://my.firedoglake.com/billyglad/2010/12/14/is-assange-a-journalist/


    Glad's choice between journalist and publisher is a distinction without a difference, as far as First Amendment freedoms go. He raises no important question or sheds any light there.


    In terms of correct categorization and accurately describing the world and situations around us, I think there are many people who would argue that the distinction between a journalist an publisher is significant. Even if the only question is if one wants to appear slightly ignorant and continue to call a publisher a journalist. So, personally I appreciate the H/T (and it's nice to see Billy back in wider blogistan).

    For myself, I think language exists for a reason and that the correct words should be used to describe things. As such, I think BG's observation seems to be a more accurate characterization of Wikileaks and Assang's role in it. This allows us to discuss the real issue - because as you note there is no 1st Amendment distinction between publishers and journalists. The in-the-weeds argument over if what Wikileaks does is "journalism" becomes a moot point if a publisher is protected as press regardless public categorization of their product.


    That's not the issue, as I understand it.  The fact that one makes no first amendment distinction between publishers are journalists doesn't mean that publication is automatically protected.  Whether I am a reporter for the New York Times or its publisher or its managing editor, I can publish just about anything that comes into my hands.

    But whether I am a reporter or a publisher or a managing editor, I cannot break into somebody's home to get that information.  I also cannot conspire with someone else to pull off that break-in, even if I might be legally permitted to publish information gathered in a break-in of which I am innocent, if that information is delivered to me.

    I assume that I cannot willingly receive stolen property.  But if someone copies information from stolen property and delivers it to me, I'm in the clear in publishing it, right?


    While publication may not be automatically protected, the point of determination would be totally different. It renders the whole "Is what he does journalism" question moot. From an American point of view, the constitution doesn't protect journalism. It protects the press in all it's forms. So it really was moot anyhow ... but a journalist can't report unless someone publishes the work. In the Wikileaks model providing non-interpretive dissemination of information for the use of the public, it seems like the leaker would be the journalist and Wikileaks the publisher. It certainly ties up some of the logical loose ends in the discussion, no?

    I assume that I cannot willingly receive stolen property.  But if someone copies information from stolen property and delivers it to me, I'm in the clear in publishing it, right?

    Correct. You aren't framing it exactly right, but that's pretty much how it really works in the instance of of "making copies of information from stolen property". We have seen more than one case of information leaked from a "stolen hard drive" published in the past with no repercussion. But the way you are morphing the physical theft conceptualizations into it is a little off base in this case. Information is not physical property. The laws aren't the same - so all the "bank robbery" analogies do the discussion a bit of a disservice. The DMCA was passed to paper that fact over somewhat and help content companies deal with piracy ... but it is kind of a mess and to whatever extent that comes into play seems to be from the leaker's side of it depending on how they acquire the data. (That said ... my bet is that the "angle" Holder is looking at this from is going to be under the DMCA; I don't think they want to play the game Marcy predicts unless they absolutely have to - we're in enough diplomatic trouble already without trying to use the Patriot Act abroad.).

    It seems Woodward and Bernstein were more actively engaged in encouraging their source to acquire and deliver more information. In that case they did legitimately conspire with the person doing the clandestine collection and delivery of secret inside government information. Why don't we view those two negatively? In contrast all Wikileaks does is provide a neutral platform that allows the public to get otherwise censored information of public interest into the public domain. They are not interactively involved at all.

    If someone is going to support Deep Throat, Ellsberg, etc. than the only complaint I can see here against Wikileaks is that they aren't operating as an adjunct to the American government and suppressing what they are told like all the other publishers do these days. Mostly the reaction seems to be a defense of the social norm sort of thing more than logic or self-interest.


    The Swedish authorities will protest Assange's release on bail (of course), and the judge promised to hold the hearing within 48 hours.

    http://www.guardian.co.uk/media/2010/dec/14/julian-assange-wikileaks?int...


    Here's the Electronic Frontier page about the law and Wikileaks soomeone left at this diary at MyFDL:

    https://www.eff.org/deeplinks/2010/12/information-antidote-fear-wikileak...


    “Doug Cameron joins Labor Left rally to support Julian Assange” (by Andrew Crook for Crikey, Monday, Dec. 13, 2010, link: http://www.crikey.com.au/2010/12/13/doug-cameron-joins-labor-left-rally-to-support-julian-assange )

    “The political problem of WikiLeaks” (by Bernard Keane, Dec. 14, 2010, link: http://www.crikey.com.au/2010/12/14/wikileaks-the-governments-problem-is-getting-the-basics-right via FDL commenter

    Cool.


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