Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: OldDeckHand

I certainly agree with all that, and was unaware there were claims he conspired to acquire the information.

I presume you are aware that a great deal of “investigative journalism” conspires to break various laws all the time, certainly after the fact of the crime if not before. Fraud, theft, etc. In fact, without the law breaking it would be real difficult to do investigative journalism.

The way it often works is: “whistle-blower” who works for corporation contacts member of press, tells what he has got, journalist works with him to figure out what information will work best. WB trots off and steals the relevant data, provides it to journalist who publishes it. Sounds like conspiracy and accessory before and after the fact to me, and except for the national security connection exactly what Wikileaks is accused of.


42 posted on 12/03/2010 2:11:00 PM PST by Sherman Logan
[ Post Reply | Private Reply | To 32 | View Replies ]


To: Sherman Logan
"I presume you are aware that a great deal of “investigative journalism” conspires to break various laws all the time, certainly after the fact of the crime if not before. "

But, they have to operate within legal boundaries, as Food Lion Incorporated v. Capital Cities/abc Inc 194 F. 3d 505, demonstrates. These investigative stories don't come without some legal peril for the journalists doing them. Criminal prosecutions are probably rare, if only because of mens rea.

"WB trots off and steals the relevant data, provides it to journalist who publishes it. Sounds like conspiracy and accessory before and after the fact to me, and except for the national security connection exactly what Wikileaks is accused of."

This really isn't my area of practice, but I wouldn't be at all surprised to learn that there may have been prosecutions (or at least indictments) in just this kind of case. I'd guess though most prosecutors would exercise more cautious discretion in bringing such a case.

It is the national security element that makes this so much different. Quite literally, the stakes are so much higher.

45 posted on 12/03/2010 2:19:59 PM PST by OldDeckHand
[ Post Reply | Private Reply | To 42 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson