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WikiLeaks Founder Could Be Charged Under Espionage Act
Washington Post ^ | November 30, 2010 | Ellen Nakashima and Jerry Markon

Posted on 11/30/2010 10:51:23 AM PST by lbryce

Federal authorities are investigating whether WikiLeaks founder Julian Assange violated criminal laws in the group's release of government documents, including possible charges under the Espionage Act, sources familiar with the inquiry said Monday.

Attorney General Eric H. Holder Jr. said the Justice Department and Pentagon are conducting "an active, ongoing criminal investigation.'' Others familiar with the probe said the FBI is examining everyone who came into possession of the documents, including those who gave the materials to WikiLeaks and also the organization itself. No charges are imminent, the sources said, and it is unclear whether any will be brought.

Former prosecutors cautioned that prosecutions involving leaked classified information are difficult because the Espionage Act is a 1917 statute that preceded Supreme Court cases that expanded First Amendment protections. The government also would have to persuade another country to turn over Assange, who is outside the United States.

But the sources, who spoke on the condition of anonymity because the inquiry is rapidly unfolding, said charges could be filed under the act. The U.S. attorney's office in Alexandria - which in 2005 brought Espionage Act charges, now dropped, against two former pro-Israel lobbyists - is involved in the effort, the sources said.

The Pentagon is leading the investigation and it remains unclear whether any additional charges would be brought in the military or civilian justice systems. Pfc. Bradley Manning, an Army intelligence analyst suspected of being the source of the WikiLeaks documents, was arrested by the military this year.

Holder was asked Monday how the United States could prosecute Assange, who is an Australian citizen. "Let me be very clear," he replied. "It is not saber rattling.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; Extended News; Foreign Affairs; Government
KEYWORDS: assange; traitor; wikileaks
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Getting a bit hot under the collar, Mr. A? Thought you could simply create a web site play ball with the big guys and now maybe, just maybe things aren't going according to what the voices in your head told you to do??
1 posted on 11/30/2010 10:51:25 AM PST by lbryce
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To: lbryce

Easier to just offer a reward for his head.


2 posted on 11/30/2010 10:53:14 AM PST by La Lydia
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To: lbryce

If everyone involved with the recent WikiLeaks can’t be charged for spying — what would it take for anyone to ever be charged?


3 posted on 11/30/2010 10:55:21 AM PST by USFRIENDINVICTORIA
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To: lbryce

What is this administration going to do with more traitors? Spank them with a cooked, wet noodle? Since VietNam we’ve been “taking care” of these traitors in the best of style. We’ve done nothing, but wring our hands and put them in jail...I have a rope, to help with the final decision.


4 posted on 11/30/2010 10:55:55 AM PST by tillacum
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To: lbryce
"WikiLeaks Founder Could Be Charged Under Espionage Act"

Negatory, good buddy. He is considered a hero regardless of the spin.

5 posted on 11/30/2010 10:57:39 AM PST by Baynative (on to 2012)
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To: lbryce

Don’t hold your breath. However, if he pisses off a lot of countries who aren’t run by cowards, he might just vanish.


6 posted on 11/30/2010 10:59:29 AM PST by ozzymandus
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To: lbryce
Holder was asked Monday how the United States could prosecute Assange, who is an Australian citizen. "Let me be very clear," he replied. "It is not saber rattling.

Holder is certainly rattling the saber, but only because his hand is shaking so badly.

Reality check: there's not a damn thing the US can do to Assange. He isn't a US citizen, and he isn't stupid enough to set foot in the US or a US territory.

The US would have to convince another country to arrest and extradite Assange to the US. And there are few countries that would do so.

For that to even happen, the US would have to identify a specific instance where release of the information violated the provisions of the Espionage Act. That's going to be difficult when almost every bit of the information released so far is no real surprise to anyone.

And it would have to be balanced against the First Amendment, whose protections have been greatly expanded since the Espionage Act was enacted.

7 posted on 11/30/2010 11:01:12 AM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: lbryce

Track the treasonous SOB down, put a slug in his skull, and then do likewise with those that helped him... and I do not give a rat’s ass about their “rights” ... off the bastards.

Demand the resignation of SOS HRC.


8 posted on 11/30/2010 11:01:57 AM PST by TCH (DON'T BE AN "O-HOLE"! ... DEMAND YOUR STATE ENACT ITS SOVEREIGNTY !When a majority of the American)
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To: lbryce

So when Assange earlier released all the DOD Iraq documents, that wasn’t Espionage?


9 posted on 11/30/2010 11:02:50 AM PST by Uncle Miltie (0bama thought he'd find "common ground" on 0bamaCare because of ROMNEYCARE!)
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To: lbryce

Too bad the writers of “24” didn’t pick up on this nefarious, knotty plot.


10 posted on 11/30/2010 11:04:53 AM PST by Gene Eric (Your Hope has been redistributed. Here's your Change.)
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To: lbryce

I don’t get all the talk of “legalities” when it comes to this douche. There is only one way to properly deal with scum like this, and it doesn’t involve one single lawyer.


11 posted on 11/30/2010 11:05:11 AM PST by Republic of Texas (Socialism Always Fails)
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To: lbryce

They need to investigate to find out if releasing classified (and higher) information is against the law? Yeah, right - that’s believable.../s


12 posted on 11/30/2010 11:05:32 AM PST by GOPJ ('Power abdicates only under the stress of counter-power." Martin Buber /a Tea-nami's coming..)
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To: La Lydia

Well ya know obammy isn’t going to grab these turds and send them to Gitmo.


13 posted on 11/30/2010 11:07:54 AM PST by Joe Boucher ((FUBO) The more I see and know Obammy the more I think he's an a-hole.)
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To: GOPJ
They need to investigate to find out if releasing classified (and higher) information is against the law?

News alert!

Simply releasing classified information is only a crime if you have a security clearance. You agree to it when you are granted the clearance.

For everyone else, specific harm has to be shown. It's prosecuted under the Espionage Act, instead. And that's a pretty high threshold to meet, especially when all of the information released so far is not surprising.

14 posted on 11/30/2010 11:09:23 AM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: lbryce
Send him to Hawaii!

Maybe he can find the birth certificate!

15 posted on 11/30/2010 11:11:07 AM PST by Species8472 (Hate is a liberal value)
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To: USFRIENDINVICTORIA

Jullian Assage should just join the New Black Panther Party, or build nuclear weapons for Iran. That will keep him out of Holders crosshairs.


16 posted on 11/30/2010 11:11:33 AM PST by blackdog
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To: lbryce

I AM TOTALLY GLAD THAT HE IS RELEASING THESE DOCS AND HOPE HE SHINES THE LIGHT ON ALL OF THESE COCK-ROACHES.

WE CALL IT FREE SPEECH, AND SOMETHIMES IT HURTS.


17 posted on 11/30/2010 11:12:39 AM PST by stockpirate (David Horowitz Democratic Party has been "seized by a religious cult" of the left!)
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To: Republic of Texas
...and it doesn’t involve one single lawyer.

Unless it is Ted Nugent, Esq.
18 posted on 11/30/2010 11:12:41 AM PST by Army Air Corps (Four fried chickens and a coke)
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To: lbryce

It’s bad enough that they are being leaked but where is the outrage against the Army PFC? And why does a PFC have access to all of this information? Seems like the Army needs to refine its security procedures and fire some officers.


19 posted on 11/30/2010 11:13:25 AM PST by vigilence
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To: lbryce

The Espionage Act is a highly suspect piece of Woodrow Wilson legislation from World War I. I can’t imagine a judiciary steeped in years of liberal education with the horror stories of persecuted Anarchists would ever find it to be Constitutional.


20 posted on 11/30/2010 11:14:13 AM PST by Buckeye McFrog
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