Democrat Jim McGovern and Republican Thomas Massie have coauthored a new letter to U.S. President Joe Biden, urging the outgoing president to pardon WikiLeaks publisher Julian Assange before leaving office in January, to “remove the precedent” set by Assange’s plea deal under the Espionage Act, the Guardian reports.
Assange, who signed a plea agreement in June after more than five years in prison fighting extradition from the United Kingdom, was arrested in 2019, under the first Trump Administration. Biden was unwilling to make a clear break from Trump by dropping the charges altogether, but his Justice Department did ultimately agree to the deal that prevented a wider battle over the First Amendment in a U.S. trial.
Furthermore, Biden’s Attorney General Merrick Garland made a point to implement new rules to protect journalists from DOJ subpoenas. But the Assange plea deal remains a stain on Biden’s record, the needless persecution of a journalist but also the first such deal under the Espionage Act criminalizing journalistic activity. The new letter calls on Biden to “send a clear message that the U.S. government under your leadership will not target or investigate journalists and media outlets simply for doing their jobs.”
As McGovern and Massie explained, press freedom and civil liberties groups have long warned that the Espionage Act, initially written to prevent spies from sharing national security information, has been used more recently to criminalize what reporters do on a daily basis:
“Put simply, there is a long-standing and well-grounded concern that section 793 [of the Espionage Act], which criminalizes the obtaining, retaining, or disclosing of sensitive information, could be used against journalists and news organizations engaged in their normal activities, particularly those who cover national security topics.”
Biden has until his last day in office, January 20, 2025, to issue a pardon. As the Guardian reports, “Assange’s brother, Gabriel Shipton, and his wife, Stella Assange, are in the Australian capital, Canberra, this week and Shipton is returning to Washington in January as part of a Pardon Assange campaign urging Biden to take action before he leaves office.”