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Assange extradition case could esrablish a dangerous legal precedent

Crumbling Case Against Assange Shows Weakness of “Hacking” Charges Related to Whistleblowing

The charge against Assange is about establishing legal precedent to charge publishers with conspiring with their sources, something that so far the U.S. government has failed to do because of the First Amendment.

October 10, 2020 Micah Lee  THE INTERCEPT, By 2013, the Obama administration had concluded that it could not charge WikiLeaks or Julian Assange with crimes related to publishing classified documents — documents that showed, among other things, evidence of U.S. war crimes in Iraq and Afghanistan — without criminalizing investigative journalism itself. President Barack Obama’s Justice Department called this the “New York Times problem,” because if WikiLeaks and Assange were criminals for publishing classified information, the New York Times would be just as guilty.

Five years later, in 2018, the Trump Administration indicted Assange anyway. But, rather than charging him with espionage for publishing classified information, they charged him with a computer crime, later adding 17 counts of espionage in a superseding May 2019 indictment.

The computer charges claimed that, in 2010, Assange conspired with his source, Chelsea Manning, to crack an account on a Windows computer in her military base, and that the “primary purpose of the conspiracy was to facilitate Manning’s acquisition and transmission of classified information.” The account enabled internet file transfers using a protocol known as FTP.

New testimony from the third week of Assange’s extradition trial makes it increasingly clear that this hacking charge is incredibly flimsy. The alleged hacking not only didn’t happen, according to expert testimony at Manning’s court martial hearing in 2013 and again at Assange’s extradition trial last week, but it also couldn’t have happened.

The new testimony, reported earlier this week by investigative news site Shadowproof, also shows that Manning already had authorized access to, and the ability to exfiltrate, all of the documents that she was accused of leaking — without receiving any technical help from WikiLeaks. …….

the charge is not actually about hacking — it’s about establishing legal precedent to charge publishers with conspiring with their sources, something that so far the U.S. government has failed to do because of the First Amendment………

Whether or not you believe Assange is a journalist is beside the point. The New York Times just published groundbreaking revelations from two decades of Donald Trump’s taxes showing obscene tax avoidance, massive fraud, and hundreds of millions of dollars of debt.

Trump would like nothing more than to charge the New York Times itself, and individual journalists that reported that story, with felonies for conspiring with their source. This is why the precedent in Assange’s case is so important: If Assange loses, the Justice Department will have established new legal tactics with which to go after publishers for conspiring with their sources. https://portside.org/2020-10-10/crumbling-case-against-assange-shows-weakness-hacking-charges-related-whistleblowing

October 12, 2020 - Posted by | civil liberties, Legal, media, UK

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