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WikiLeaks cables: US espionage law
The Guardian ^ | 1 December 2010 | Afua Hirsch

Posted on 11/30/2010 8:25:59 PM PST by Racehorse

Experts say that in addition to protections for free speech, there are difficulties with proving leaked documents are classified, under a US government executive order which sets limits on documents that can be properly termed as classified documents.

However, if charges are made against Julian Assange under the law in the US, then he would face extradition under the controversial UK-US extradition treaty, which provides special measures for extraditions between the two countries.

(Excerpt) Read more at guardian.co.uk ...


TOPICS: Crime/Corruption; Extended News; Government; War on Terror
KEYWORDS: antiamericanism; espionage; julianassange; manuelmiranda; memogate2; mirandasrights; obamaforeignpolicy; obamascandals; tedkennedy; wikileaks

1 posted on 11/30/2010 8:26:00 PM PST by Racehorse
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To: Racehorse

Obummer will probably pardon him before he sets foot here. No reason to be embarrassed over sensational revelations during a trial!


2 posted on 11/30/2010 8:29:12 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives In My Heart Forever)
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To: Racehorse

A few public executions for treason aughta do it.


3 posted on 11/30/2010 8:30:26 PM PST by evad (Every time a conservative votes, a liberal cries)
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To: Racehorse; a fool in paradise

4 posted on 11/30/2010 8:33:05 PM PST by Revolting cat! (Let us prey!)
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To: Racehorse

What a JOKE!


5 posted on 11/30/2010 8:41:06 PM PST by taxtruth
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To: Racehorse

If they are talking about EO 12958 then they are probably right. Surprisingly (or maybe not) most branches of the military are kind of sloppy when it comes to following whatever security classification guide they are operating under. When I say sloppy I mean that they typically over classify things or classify things that they have no authority to classify. Most of them have probably never even bothered to look at the guide and most of the tactical stuff has no need of classification after a fairly short period of time (minutes, days, weeks at most). I’m surprised that any real HUMINT stuff was in these since most of them were only classified CONFIDENTIAL or SECRET and they usually protect HUMINT information at higher levels.

I doubt that we’ll be able to convict this guy of anything since he is not a US citizen and did not do this within our boundaries so I would imagine that any Federal court would throw out any charges brought. However, if he ends up at Gitmo I’m sure it will be years before he sets foot in any US court.

Interesting that they only got serious about the guy after he started hinting about releasing info on the banks. That really does show you who runs this country and also that the “classified” info wasn’t that big a deal, embarrassing for sure but not really something that damaged the “war” effort.


6 posted on 11/30/2010 8:46:01 PM PST by trapped_in_LA
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To: Racehorse

Hillary the snake should be the first person walking the plank and maybe she can take billybob with her.


7 posted on 11/30/2010 8:46:04 PM PST by taxtruth
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To: Racehorse

Has anyone bothered to ask whether these documents are even real? I’m sure there truly was a leak of thousands of documents but I wouldn’t think it would be that difficult for *someone with an agenda* so splice together a few diplomatic messages that simply aren’t true.

Which brings me to my second point. All the CIA/NSA/OMGLOL! needs to do is contaminate these types of leaks with reasonably believable fakes to the extent that most sane people wouldn’t believe any of them. If news was reported tomorrow that, say, five of the documents were proven to be unmitigated BS most mainstream people would write the whole bunch off. Of course the ideal time to do this would be BEFORE the batch is sent off to the press and posted on the interweb.


8 posted on 11/30/2010 8:47:11 PM PST by ruiner
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To: Racehorse
Why are all the shots of this guy like the wide angle dog art?


9 posted on 11/30/2010 8:51:07 PM PST by kbennkc (For those who have fought for it freedom has a flavor the protected will never know .F Trp 8th Cav)
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To: kbennkc

Funny but I noticed that as well. It’s like the press is trying really hard to make him seem bigger than life.


10 posted on 11/30/2010 8:52:41 PM PST by ruiner
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To: Racehorse

...............difficulties with proving leaked documents are classified, under a US government executive order which sets limits on documents that can be properly termed as classified documents....................

Yet, there are no problems with an EO that claims classified “top secret” status for a bunch of college records and birth documents for a certain sitting president!

What a strange bizarro world in which we live!


11 posted on 11/30/2010 9:18:21 PM PST by Noob1999 (Loose Lips Sink Ships)
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To: Racehorse

Treason is defined in Art 3 sec 3 of the Constitution, Espionage Act also applies, and Sedition Act. Postmaster General has authority to impound all the Wiki information from all persons in possession of it. Why not act now, govt can ask for forgiveness later after parsing the mickey mouse legal bs later in court. The disclosure is ipso facto treason, espionage and sedition for all news sources and enterprises and individuals handling and disclosing the data. I work for an oil company - if our proprietary data were disclosed in such a fashion, the disclosers would be up to their eyeballs in police and lawyers and lawsuits, within 24 hours. The government has tremendous resources to shut this down and they choose not to. Why?

Answer: this is a deliberate disclosure of state secrets by Obama on a historically unprecedented massive scale, to weaken the nation, to destroy Hillary Clinton, and none of the disclosures substantially harm the leftists one-world pan-leninist agenda. Assange is just a tool.

The Omullah has been silent about the whole thing, griping about his basketball games, shutting down websites selling knock-off purses, taking over the food industry in lame duck congress, and trying to ram through his personal nuke treaty and amnesty for illegals, while stalling on taxes to increase rates in January, and sink the whole enchilada. He really is trying to destroy the nation. There is no other explanation.


12 posted on 11/30/2010 9:31:26 PM PST by FlyingEagle
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To: Racehorse

There is a war on. Having some stout fellows grab this guy and escort him to Guantanamo for further questioning should be the first order of business. If, after a couple of years of questioning, they decide he’s ok, then they can release him to the Saudis or something.

If he was arab or pashtun (and if someone else was president) it would already have happened.


13 posted on 11/30/2010 9:35:12 PM PST by marron
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To: FlyingEagle
this is a deliberate disclosure of state secrets by Obama on a historically unprecedented massive scale

O and Assange both work for the same people. They are both tools.

14 posted on 11/30/2010 9:40:52 PM PST by marron
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To: Racehorse
Malaise Man is back!


15 posted on 12/01/2010 1:46:38 AM PST by Iron Munro (This is our culture; fight for it. This is our flag; pick it up. This is our country; take it back.)
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To: Revolting cat!; JoeProBono; Slings and Arrows
How does one connect cables to internet tubes?




16 posted on 12/01/2010 5:43:23 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: trapped_in_LA
I doubt that we’ll be able to convict this guy of anything since he is not a US citizen and did not do this within our boundaries so I would imagine that any Federal court would throw out any charges brought.

We can put pressure on our allies to bring this man to justice. And the gay traitor in America's military who provided him the stolen documents can be prosecuted for treason. Those who knew the gay traitor was downloading hundreds of thousands of pages of documentation and conveniently let it pass can also be brought up on charges.

17 posted on 12/01/2010 5:58:29 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: a fool in paradise
"How does one connect cables to internet tubes?"

Easy, unauthorized disclosure of classified information via...

A lot of people should be losing their jobs, facing fines and even prison for releasing classified information. This is the Secretary of State's responsibility.

This is a tremendous breach of government security and the MSM is blowing it off.

18 posted on 12/01/2010 6:12:07 AM PST by Justa
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To: Racehorse
"there are difficulties with proving leaked documents are classified, under a US government executive order which sets limits on documents that can be properly termed as classified documents"

That's a canard (mis-representation - distration). It's the information which is classified. Documents, media, etc. acquire the classification when they host the data. If the information originates from classified communications releasing it to non-classified entities is breaking the law.

This article is damage control for those who released the information.

19 posted on 12/01/2010 6:23:05 AM PST by Justa
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To: trapped_in_LA
"since most of them were only classified CONFIDENTIAL or SECRET and they usually protect HUMINT information at higher levels."

Only classified CONFIDENTIAL or SECRET?! The fact it was HUMINT means the information is classified. Mis-classifying it at lower levels or not at all does not absolve the employees of violation of security requirements. It is the information first and classification level second as people often mis-classify information. HUMINT is specifically TOP SECRET or above.

CONFIDENTIAL and SECRET are not REL to non-classified sources. People broke the law.

And contrary to your assumption many DOD organizations do use granular classification templates specifying classification level, REL TO and date of declassification.

20 posted on 12/01/2010 6:35:03 AM PST by Justa
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To: Justa

Those downloading the stolen data from wikileaks are similiarly guilty of crimes of espionage.

If you download a stolen album, released to a notorious website ahead of the street date, no one in their right mind would claim it is “legal” to grab it.

Big Media owns the legislature and controls the prosecutions.

Obama took down a number of websites last week ACCUSED (not convicted) of providing illegal download content (copyright violation).

This administration is a joke.


21 posted on 12/01/2010 6:35:42 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: Justa

(A) There are no “cables” (telegrams) being sent much anymore. It’s email.

(B) He used a zip drive and bragged about listening to Lady Gaga while he pilfered documents.

“But he threw away his military career”.

And so did Sgt. Akbar, Nadil Hassan, and I suspect a turncoat at Abu Ghraib who instigated the matter.


22 posted on 12/01/2010 6:37:05 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: Justa

Does anyone here recall the OUTRAGE when a Republican staffer released Ted Kennedy’s corrupt memos that were on a government server in a public shared folder system?

They called him a “hacker” and a spy.

Red Ted Kennedy was colluding with the NAACP to block some of Bush’s judicial nominees to affect a pending court decision as well as to block Bush’s Hispanic judicial nominees for political reasons.


23 posted on 12/01/2010 6:39:40 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: Justa

http://www.freerepublic.com/focus/f-news/1138153/posts
Why is Darby a hero, but Miranda a felon?
WorldNetDaily ^ | 5/18/04 | Mychal S. Massie

http://www.freerepublic.com/focus/f-news/1327923/posts
Memogate Prequel The right way to handle a pseudo-scandal.
WSJ ^ | 1/25/05 | WSJ - Editorial

Regular readers of these pages will recall our scoop a little over a year ago on what came to be known on Capitol Hill as Memogate. Our publication of Democratic strategy memos on how to defeat President Bush’s judicial nominees created a stir in Washington, not least because they showed how Senators Ted Kennedy, Dick Durbin and others were taking orders from liberal interest groups, even to the point of delaying a vote on a candidate for the Sixth Circuit Court of Appeals until it had heard the University of Michigan affirmative action case.

More than a year later, it’s not over yet. Federal prosecutor David Kelley is conducting an investigation into the “stolen” memos, which were obtained by Republican staffers courtesy of a glitch in the Judiciary Committee’s computer system. Manuel Miranda, staffer to Senate Majority Leader Bill Frist and former staffer to the Republican Judiciary Committee chairman Orrin Hatch, was forced to resign.

Meanwhile, a memo of a different ilk has just come to light that puts Memogate into some long-needed perspective. It’s a 1996 letter from Republican Representative Ben Gilman, then-chairman of the House International Relations Committee, to his Democratic counterpart, Lee Hamilton. (See the full text here.)

The letter describes how Democratic staffers, taking advantage of a glitch in the committee’s computer system, had been reading the private documents of the Republican staff for more than a year. Oh—did we mention that they were funneling them to the Clinton State Department? Their antics were revealed when Deputy Secretary of State Strobe Talbot called Chairman Gilman to protest drafts of two memos on Haiti that hadn’t even reached Mr. Gilman’s desk yet...


24 posted on 12/01/2010 6:44:07 AM PST by a fool in paradise (The establishment clause isn't just against my OWN government establishing state religion in America)
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To: Justa

I don’t think that we are disagreeing here. My point was that the WikiLeaks stuff was all labeled C or S (NOFORN for most of the State stuff) so how come there was HUMINT in there? Because someone was being sloppy in classification which was my point. And yes someone (who had access and was a US citizen) downloaded this stuff and broke the law and should be shot for treason if caught.

As for the front man since he is not a US citizen and did not do this in the US there’s not much you can do to him (at least legally). Don’t much care either way as this is the type of stuff one should expect from foreigner (or foreign powers) that disagree with our “war on terror”. Propaganda and disinformation are tools of the trade, what hurts is that the US basically inflicted this on itself by being so sloppy in handling classified material. It also has provided a valuable service in that most likely the Russians, Chinese, Brits and everyone else has been tapping into this for a long long time, WikiLeaks just exposed how easy it is to do. I would hope that the US takes measures to tighten this stuff up. Well, one can hope.

Lastly, personally I disagree with classifying stuff for CYA purposes which is what the helo video was all about. We should have fessed up about this at the time and made reparations. Would have been a lot better than having it come out like this. In a war zone there’s all kinds of F ups like this, it happens and most (reasonable) people know that and would have accepted it. Now people are wondering well if they covered up this just how much more did they cover up and maybe what the Taliban is saying about them targeting (insert whatever, old, women, babies) is true. Kills our credibility in the future (not that we had that much to begin with).


25 posted on 12/01/2010 5:51:40 PM PST by trapped_in_LA
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To: trapped_in_LA

Well, I have two points.

It is classified information, not material which matters. Otherwise verbal dissemination would be okey-dokey. It is the information which is classified.

As for the helo video. It most certainly should have been classified SECRET//NOFORN. If you check the definition of that classification you will see it applies to the video. The fact the information hurt the US proves it should have remained classified. Just like Barry’s birth and school records. Once he became POTUS anything which could harm him or the US had to be classified due to his position.


26 posted on 12/01/2010 6:46:34 PM PST by Justa
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