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Commentary

The Future of Gen Z Journalism Depends on Julian Assange’s Freedom

This post by Sam Carliner was originally published at CodePink

CODEPINK’s staff sending their support to Assange ahead of his wedding

Just thirteen days before World Press Freedom Day 2022 the very existence of world press freedom inched closer to its possible demise. On April 20, a U.K. court formally approved extradition of WikiLeaks founder and Australian journalist, Julian Assange, to the United States to be tried under the Espionage Act. He is facing a sentence of up to 175 years.

Extradition is still not guaranteed. The ultimate decision is pending approval from the U.K. Home Secretary Priti Patel, and Assange’s legal team is requesting an appeal. However the reality of extradition and all the implications for a free press that come with it are increasingly likely.

Unlike most Assange supporters I’ve met, I’m from a generation born too late to fully appreciate the importance of WikiLeaks and its most significant publications like the Collateral Murder Video, the Iraq War Logs, and CableGate. In fact, I first encountered Chelsea Manning through my friends in the LGBTQ+ community who admired her trans rights activism. At the time I was focused much more on LGBTQ+ issues than on whistleblower issues. Following this introduction, I learned about her importance as the source who provided proof of U.S. war crimes for WikiLeaks to publish.

The first time I remember really understanding WikiLeaks’s importance was when Assange was dragged out of the Ecuadorian Embassy in London in 2019. Because I had been only vaguely aware of WikiLeaks and Assange up until that point, it was easy for me to look past many of the smears that had circulated about him and instead quickly wrap my head around the dangers for press freedom that his case presented. As I educated myself about the Assange case, I also began to educate my peers.

At the time I was in college for journalism. The journalism program at my school focused on teaching students about flashy news production and marketing, but placed little emphasis on the public service aspect of journalism, such as challenging the powerful, platforming the voiceless, and informing one’s community. I became convinced that it was foolish for me and my classmates to be preparing for future careers in journalism while the very basic principles of ethical journalism might soon be criminalized. I found that many of my classmates were receptive to this message, even as the administration of my school refused to take the case seriously. As one of my first initiatives to grow support for Assange, I sent several emails to the director of the communications school I was attending, inquiring about the school’s stance on the case and asking for the school to voice support. I also got some of my classmates to send emails. Not one of those emails received a reply.

Following the silence from my own school’s administration, I compiled a list of hundreds of communications schools and journalism programs throughout the United States and emailed their directors. I received less than five replies and no commitments to take action in support of Assange.

Much has been written about why Julian Assange’s extradition to the United States is so dangerous, but two points are worth repeating.

First is that the United States aims to prosecute and sentence Julian Assange under the Espionage Act for publishing evidence of U.S. war crimes in Iraq. This would criminalize the action of publishing truthful information about the world’s most expansive military, resulting in a legal precedent that would enable the U.S. government to sentence any publication, from indie media to legacy papers like The New York Times. Such a precedent will likely extend beyond the realm of foreign policy reporting. Any form of adversarial reporting could be punished in a world where U.S. courts decide that publishing true information constitutes espionage. 

The second point that makes Assange’s case so dangerous is that he is not a citizen of the country seeking his extradition (The United States) or of the country overseeing his extradition (The United Kingdom). Assange is Australian. The absurdity and international implications of one country extraditing the citizen of another country to a third country is likely to silence any journalist from any part of the world who might otherwise report on U.S. crimes and corruption. Essentially, the world’s most powerful government will be able to suppress scrutiny and accountability from journalists anywhere in the world if Assange is successfully extradited, tried, and sentenced.

As both World Press Freedom Day and Assange’s possible extradition approach, it is essential that anyone who hopes to hold onto world press freedom support Julian Assange, firmly and vocally. Nothing short of mass pressure from the public will allow for Assange’s freedom and the guarantee of press freedom that hangs in the balance. 

It is easier than ever to support the campaign than at any point in this last decade. Most leading human rights and press freedom organizations have spoken out against extradition including Human Rights Watch, Amnesty International, the American Civil Liberties Union, PEN International, and the Committee to Protect Journalists as well as editorial boards of The New York TimesThe Guardian and many other outlets. 

News outlets that previously remained quiet are also starting to sound the alarm. MSNBC, an outlet that generally aligns with the framing of U.S. foreign policy, allowed an interview with Julian’s wife, Stella Assange, to be aired on their streaming service. Then MSNBC promoted the interview on Twitter to its 4.6 million followers. This action alone is likely exposing the case to countless people who may not otherwise question the threat it poses and shows that momentum is building for new activism around freeing Assange.

The new generation of journalists can bring an essential energy to the campaign for Assange’s freedom. My hope is that as momentum starts to build in the United States for Assange’s freedom, established journalists and journalism schools will support us by taking Assange’s case seriously. I encourage young journalists like myself and student journalists to take initiative, call for Assange’s freedom, and demand that our mentors join us. Our future remains in jeopardy as long as Assange is not free.

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Commentary Hearing Coverage Press Release

Extradition Looms for Assange After UK Supreme Court Refuses to Hear His Appeal

March 16, 2022 This article, by professor emerita at Thomas Jefferson School of Law, former president of the National Lawyers Guild, and Assange Defense Committee advisory board member Marjorie Cohn, was originally posted at Truthout.org.


The British judicial system has erected still another barrier to Julian Assange’s freedom. On March 14, the U.K. Supreme Court refused to hear Assange’s appeal of the U.K. High Court’s ruling ordering his extradition to the United States. If extradited to the U.S. for trial, Assange will face 17 charges under the Espionage Act and up to 175 years in prison for revealing evidence of U.S. war crimes.

With no explanation of its reasoning, the Supreme Court denied Assange “permission to appeal” the High Court’s decision, saying that Assange’s appeal did not “raise an arguable point of law.” The court remanded the case back to the Westminster Magistrates’ Court, which is the same court that denied the U.S. extradition request on January 4, 2021.

In all likelihood, the magistrates’ court will refer the case to the British Home Office where Home Secretary Priti Patel will review it. Assange’s lawyers then have four weeks to submit materials for Patel’s consideration. If she orders Assange’s extradition — which is highly likely — his lawyers will file a cross-appeal in the High Court asking it to review the issues Assange lost in the magistrates’ court.

If the High Court refuses to review those additional issues, Assange can appeal to the European Court of Human Rights. That could take years. Meanwhile, he languishes in London’s high-security Belmarsh Prison, in fragile mental and physical health. He suffered a mini-stroke as his extradition hearing began. United Nations Special Rapporteur on Torture Nils Melzer wrote in a Twitter post that the “U.K. is literally torturing him to death.”

The Legal Background

On January 24, 2022, the High Court rejected Assange’s appeal but it certified to the Supreme Court that Assange had raised a “point of law of general public importance.” This means that it is a proper issue for the Supreme Court to review. The three-judge panel of the Supreme Court has now refused Assange permission to appeal.

The point of law that the High Court certified to the Supreme Court was as follows:

“In what circumstances can an appellate court receive assurances from a requesting state which were not before the court of first instance in extradition proceedings.”

The United States waited until after the extradition hearing was over to offer U.K. District Judge Vanessa Baraitser assurances about the way Assange would be treated in U.S. prisons if extradited.

Following a three-week evidentiary hearing, Baraitser ruled on January 4, 2021, that if Assange is extradited to the United States for trial, he is very likely to attempt suicide due to his mental state and the harsh conditions of confinement under which he would be held in U.S. prisons.

During the hearing, the U.S. government did not assure Baraitser that Assange would not be held in solitary confinement in the United States. After Baraitser denied extradition, the Biden administration provided “assurances” that Assange wouldn’t be subject to special administrative measures (SAMs) or be housed at the ADX supermax prison in Florence, Colorado.

But the United States’s so-called assurances contained a loophole big enough to drive a truck through. All assurances would be void if Assange committed a “future act” that “met the test” for the imposition of SAMs. That subjective determination would be made by prison officials with no judicial review.If extradited to the U.S. for trial, Assange will face … up to 175 years in prison for revealing evidence of U.S. war crimes.

Although the late timing of the U.S.’s assurances prevented Assange’s lawyers from arguing they were unreliable and citing prior such assurances the United States failed to honor, the High Court accepted Biden’s assurances and dismissed Assange’s appeal in its January 2022 ruling.

Issues Assange Seeks to Raise on Cross-Appeal

In the cross-appeal, Assange’s lawyers will raise the following points:

*The extradition treaty between the U.S. and the U.K. forbids extradition for a political offense and since espionage is a political offense, the court lacked jurisdiction to hear the case;

*Extradition would be oppressive or unjust due to the passage of time;

*The charges against Assange do not satisfy the “dual criminality test” which requires that they constitute criminal offenses in both the U.S. and the U.K.;

*Extradition is barred because the request is based on Assange’s political opinions;

*Extradition is barred because it would violate Assange’s rights to a fair trial and freedom of expression, as well as the prohibition on inhuman and degrading treatment, under the European Convention on Human Rights; and

*The request for extradition is an abuse of process because it is being pursued for a political motive and not in good faith.

Human Rights Organizations Decry Supreme Court’s Refusal to Hear Appeal

Julia Hall, Amnesty International’s deputy research director for Europe, called the Supreme Court’s refusal to hear the appeal a “blow to Julian Assange and to justice.” Hall said, “Demanding that states like the UK extradite people for publishing classified information that is in the public interest sets a dangerous precedent and must be rejected.” She added:

Prolonged solitary confinement is a key feature of life for many people in U.S. maximum security prisons and amounts to torture or other ill treatment under international law. The ban on torture and other ill-treatment is absolute and empty promises of fair treatment, such as those offered by the U.S.A. in the Assange case threaten to profoundly undermine that international prohibition.

Likewise, Reporters Without Borders (RSF) expressed strong opposition to the Supreme Court’s decision. “Assange’s case is overwhelmingly in the public interest, and it deserved review by the highest court in the U.K. After two full years of extradition proceedings, once again Assange’s fate has become a political decision,” said Rebecca Vincent, RSF’s director of operations and campaigns. “We call on the Home Office to act in the interest of journalism and press freedom by refusing extradition and releasing Assange from prison without further delay.”

Assange’s Fiancée Says U.S. Wants to Imprison Him for Exposing Its War Crimes

Stella Moris, Assange’s fiancée, says Assange is being persecuted for carrying out a core journalistic mission: telling the truth.

“Whether Julian is extradited or not, which is the same as saying whether he lives or dies, is being decided through a process of legal avoidance,” Moris said. “Avoiding to hear arguments that challenge the UK courts’ deference to unenforceable and caveated claims regarding his treatment made by the United States, the country that plotted to murder him. The country whose atrocities he brought into the public domain. Julian is the key witness, the [principal] indicter, and the cause of enormous embarrassment to successive US governments.”

Moris added, “Julian was just doing his job, which was to publish the truth about wrongdoing. His loyalty is the same as that which all journalists should have: to the public. Not to the spy agencies of a foreign power.”

According to Moris, the United States wants to imprison Assange for 175 years because he “published evidence that the country that is trying to extradite him committed war crimes and covered them up; that it committed gross violations that killed tens of thousands of innocent men, women and children; that it tortured and rendered; that it bombed children, had death squads, and murdered Reuters journalists in cold blood; that it bribed foreign officials and bullied less powerful countries into harming their own citizens, and that it also corrupted allied nations’ judicial inquiries into US wrongdoing.”

Assange and Moris, who share two small children, have finally received permission to marry. They will be wed later this month in Belmarsh Prison.

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Commentary

Chris Hedges and John Pilger on the ‘Show Trial’ of Julian Assange

As supporters of Julian Assange rally behind the jailed WikiLeaks founder in the lead-up to Wednesday’s extradition hearing in a British court, Chris Hedges gets a read on the status of Assange’s case with input from investigative reporter and documentary filmmaker John Pilger. In this clip from “On Contact With Chris Hedges,” the host and his guest are equally unsparing in their takes on what, in stark contrast to official accounts, is really behind the ongoing and vigorous efforts on the part of the U.S. and other governments to punish Assange.

Hedges, pointing to a recent Yahoo! News article confirming previous reports that the the CIA and Trump administration members had considered assassinating Assange, bluntly describes the upcoming hearing as a “judicial pantomime” and part of a broader strategy of “political persecution” against Assange for exposing and embarrassing the U.S. government (among others) through his work at WikiLeaks.

Pilger chalks up Assange’s current tribulation to a “CIA operation” and a “show trial,” adding that “everyone who knows the United States well knows the power of the CIA—the extrajudicial power of the CIA, the extra-governmental power of the CIA. That’s what this is.” Anticipating push-back on this characterization, Pilger reminds “On Contact” viewers that he has been present at several of Assange’s most consequential days in court for more than a decade. According to Pilger, the goal of Assange’s persecutors is to shut WikiLeaks down and to make an example of its founder, who faces 175 years in prison if extradited to the U.S. “Serious investigative journalism is the enemy,” says Pilger.

Watch the interview in its entirety above.

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Commentary Press Release

Two Years of Assange’s Extradition Detention

Exactly two years ago today, the 50-week jail sentence for a bail violation ended for WikiLeaks publisher Julian Assange, but he has yet to be released from prison. For the last two years, Assange has been detained at the maximum-security HMP Belmarsh in southeast London, solely at the behest of the United States government, which is continuing to seek his extradition.

Even when the U.S. extradition request was defeated earlier this year, Assange was not released from prison, with District Judge Vanessa Baraitser rejecting his bail application two days after ruling he should be discharged from detention. 

The continued imprisonment has only further worsened Assange’s mental and physical health. Nearly two and a half years ago, in May 2019, UN Special Rapporteur on Torture Nils Melzer found that Assange, who had spent the previous seven years without sunlight in the limited space of Ecuador’s Embassy in London—had suffered psychological torture.

In January 2021, Baraitser ruled that sending Assange, diagnosed with Asperger’s syndrome and suffering from clinical depression, to the United States would put him at an oppressively high risk of suicide. The U.S. government, which has indicted Assange for publishing on charges carrying 175 years in prison, immediately appealed the ruling to the UK’s High Court. 

The High Court will hear the appeal, which was recently expanded to allow the U.S. to argue five lines of argument, on October 27-28 in London. The U.S. government is attempting to undermine the testimony of renowned psychiatrist Michael Kopelman, an effort which Assange’s partner Stella Moris described as “the latest move by the US government to try to game the British legal system.” 

Furthermore, she writes,

“The U.S. government’s handling of the case exposes the underlying nature of the prosecution against Julian: aggressive tactics and subverting the rules so that Julian’s ability to defend himself is obstructed and undermined while he remains in prison for years and years, unconvicted, and held on spurious charges. The “process” is the punishment.”

The process is costing the British public as well. Declassified UK reports that FOIA-released documents show that the extradition case and Assange’s ongoing imprisonment have cost British taxpayers more than £300,000 (over $400,000).

John Rees, heading the Don’t Extradite Assange campaign in the UK, told Declassified,

“The human and financial cost of this inhuman treatment is entirely the fault of the US and UK governments. Justice delayed is itself injustice. This costly tragedy needs to end now and Julian Assange needs to be set free.”

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Commentary Featured

Assange’s Persecution Highlights U.S. & U.K. Hypocrisy

The United States and United Kingdom continue to imprison WikiLeaks publisher Julian Assange for journalistic activity, under charges that press freedom experts across the political spectrum agree represent a grave and unprecedented threat to investigative journalism around the world. At the same time, U.S. and UK leaders use their international platforms to condemn other countries for the very same abuses of basic journalistic rights. Foreign leaders are taking notice, and pointing out this blatant hypocrisy in response. The Assange case no longer represents a hypothetical danger; it is actively undermining the West’s moral authority to push back on human rights violators around the world.

On May 3, World Press Freedom Day, U.S. Secretary of State Antony Blinken and U.K. Foreign Secretary Dominic Raab held a joint press conference in which they condemned China, Russia, and other countries for press freedom violations.

Sec. Raab said,

“Violations of media freedoms are growing around the world at what I feel is an alarming rate.  And I welcome the unequivocal stance of the United States and the whole G7 on safeguarding those vital democratic bulwarks in our media freedoms.”

Sec. Blinken echoed those remarks, recognizing the

“The work that journalists are doing around the world in increasingly difficult and challenging conditions to inform people, to hold governments and leaders of one kind or another accountable.  Nothing is more fundamental to the good functioning of our democracies, and I think we are both resolute in our support for a free press.”

Blinken then condemned the “repression of media freedom across China and in other parts of the world.” 

Glaring Double Standard

Days later, Chinese Foreign Secretary Hua Chunying held a press conference in which she was asked about these types of comments, and she responded by calling attention to the glaring double standard underlined by Assange’s ongoing persecution. Chunying said,

“Some in the US, in the name of freedom of press and speech, wantonly smear and attack China. This in itself is spreading disinformation and a travesty of real freedom and democracy.

If they are truly defending freedom, why won’t they allow others to tell the truth when they are making up lies to confuse public opinion? If they are truly defending freedom, why is it that Mr. Assange, founder of WikiLeaks, was thrown in prison after being forced to shelter in the Ecuadorian Embassy in London for seven years? If they are truly defending freedom, why not respect or at least tolerate the existence of other civilizations and systems? If they are truly defending freedom, why target views different from its “political correctness” and repress those holding such views? If they are truly defending freedom, why deprive other countries of their right and freedom to normal development and suppress them?”

Glenn Greenwald writes, ‘Antony Blinken Continues to Lecture the World on Values His Administration Aggressively Violates,’

“How can you run around the world feigning anger over other countries’ persecution of independent journalists when you are a key part of the administration that is doing more than anyone to destroy one of the most consequential independent journalists of the last several decades?”

Mads Andenæs, former UN special rapporteur on arbitrary detention and the chair of UN Working Group on Arbitrary Detention, criticized this double standard as well.

Azerbaijani President: “Let’s talk about Assange”

This week also saw the resurfacing of a video from November 2020, in which Azerbaijani President Ilham Aliyev was interviewed by the BBC about repression in that country. Aliyev responded with questions about how the U.K. aided in the persecution of Assange,

“We have opposition, we have NGOs, we have free political activity, we have free media, we have freedom of speech. But if you raise this question, can I ask you also one? How do you assess what happened to Mr. Assange? Isn’t it the reflection of free media in your country?”

He continued, later in the interview,

“Let’s talk about Assange. How many years, sorry, how many years he spent in the Ecuadorian embassy, and for what? And where is he now? For the journalistic activity, you kept that person hostage actually killing him morally and physically. You did it, not us. And now he is in prison. So you have no moral right to talk about free media when you do these things.”

Reputational Damage

Julian Assange’s partner, Stella Moris, foresaw the issues Assange’s prosecution would pose for western governments in an interview last month, on the two-year anniversary of his arrest.

“The treatment of Julian is compromising the UK constantly all round the world. It’s giving authoritarian governments points to score all round the world both privately and in international fora like the UN. You cannot start a new values competition with China with Julian Assange in Belmarsh for publishing war crimes. It just does not work. You don’t get to take the moral high ground with this as your starting point.”

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Commentary Featured

Sunshine Week Round-up: The new DOJ, Press Freedom, and Julian Assange

March 14-20 is Sunshine Week, an annual celebration of transparency and open government, featuring panel events exploring the public’s right to know, how to protect journalists, and how to improve access to essential information.

This year’s Sunshine Week is a particularly important opportunity to highlight threats to a free press, as the United States has seen a rise in journalist arrests, an erosion of local journalism, and an unprecedented indictment against a publisher.

As Merrick Garland has been confirmed as the new Attorney General, rights groups and journalists alike have been asking how the new Department of Justice will handle press freedom issues, particularly the prosecution of Julian Assange.

ACLU: “Merrick Garland Can Transform the Department of Justice. Will He?”

The free press faced unprecedented attacks under the Trump administration, from Trump calling the press the “enemy of the people” to federal officials targeting journalists at racial justice protests last year. The freedom of the press is fundamental to American democracy, and senators questioning Garland should ask if he will defend freedom of expression and freedom of the press. This includes asking whether he would support a federal journalists’ shield law and if he agrees with Attorney General Holder’s conclusion that whether or not one considers Julian Assange a “journalist,” there is no way to prosecute him for publishing classified information without opening the door to similar prosecutions of important investigative journalism. 

Jameel Jaffer, Knight First Amendment Institute: “The Biden Administration Should Drop the Assange Case”

Of Trump’s many attacks on press freedom, however, it’s his Justice Department’s indictment of Julian Assange that could have the most significant implications over the long term. As I explained here and here, the Justice Department’s indictment of Assange focuses principally on activity that national security journalists engage in “routinely and as a necessary part of their work”—cultivating sources, communicating with them confidentially, soliciting information from them, protecting their identities from disclosure, and publishing classified information. As a result, a successful prosecution of Assange would have far-reaching implications both for national security journalists and for the news organizations that publish their work. This isn’t an accident. It’s likely why the Trump administration filed the indictment, as Jack Goldsmith observed here.

President Joe Biden plainly does not share Trump’s attitude toward the press. But the Assange case will present the Biden administration with an early test. 

Knight First Amendment Institute: “A First Amendment Agenda for the New Administration” 

9. Disclaim the use of the Espionage Act for the prosecution of journalists, sources, and publishers.

Both the Bush and Obama administrations relied on the Espionage Act to prosecute government insiders accused of providing sensitive information to the press. The Trump administration continued this trend, charging six individuals for disclosing information on matters such as possible war crimes committed in Afghanistan, racially discriminatory investigative practices within the FBI, and Russian interference in the 2016 election. It also charged Wikileaks founder Julian Assange under the Act, in the first use of the Act against a publisher. The use of the Espionage Act in these cases raises profound First Amendment concerns and threatens journalism that is crucial to our democracy. The Biden administration should reserve the Espionage Act for cases of classic espionage, and it should affirmatively disavow the use of the Act for the prosecution of journalists, sources, and publishers.

Dan Froomkin, Salon: “Questions for Joe Biden: There’s still so much we don’t know” 

The state of the media

  • One of the country’s major media outlets, Fox News, traffics in outright disinformation and far-right propaganda, arguably even incitement. Most other media outlets, by contrast, respect facts, to a greater or lesser degree. Do you personally see a gulf between Fox and the others? Would you encourage the public to consider them differently? Should the White House?
  • Why is your administration still prosecuting Julian Assange? Did you approve the decision in February to continue seeking his extradition from the U.K.? 
  • Will you pledge not to use the Espionage Act of 1917 to pursue people who leak to journalists?
  • How concerned are you about the decline of local journalism, and what do you think should be done about it?

Lawfare: “Here’s Merrick Garland’s Orientation Memo for the Trump-Era Hangover on Press Freedom” 

…there are several cases where the Trump Justice Department ventured into undiscovered territory. The first category of such cases involves legal actions that are truly unprecedented, while the others are so wrapped up in President Trump’s attacks on the press that one wouldn’t expect to see them but for President Trump himself. 

Julian Assange

With respect to the first category, the clearest example is the Julian Assange spying prosecution. As noted above, recent administrations have expanded the use of federal spying laws, and especially the World War I-era Espionage Act, in attempts to criminalize the disclosure of national defense secrets to the press. Never before, however, has the Justice Department secured an indictment against an individual outside of government based on the mere act of publishing those secrets. But that is exactly what the Trump Justice Department succeeded in doing in the Assange case after the Obama team declined to indict. 

It very much remains to be seen what will happen with the Assange case. In early January 2021, a British court denied an extradition request from the Justice Department, citing a high risk that Assange might kill himself in U.S. custody, but otherwise endorsing the government’s legal theories in the case, including its “pure publication” claims. And there will undoubtedly be some pressure to pursue the case, given that the government has long taken the position, though never in the direct prosecution of a reporter, that the act of disclosing secrets to the public, even by the press, is indeed covered by the Espionage Act. The Justice Department has vowed to continue to pursue extradition and appealed the lower court’s denial in February. 

Whistleblowers Blog: “What Can New AG Merrick Garland Do For Whistleblowers?” 

Garland’s record on whistleblowing as a Federal judge is strong. In 2004 and 2008 he penned opinions that supported or expanded the scope of the False Claims Act, America’s premier whistleblower law. In 1979, Garland served on a DOJ panel and demonstrated a strong understanding of the False Claims Act and its importance as a whistleblower and anti-fraud law. He has also defended strong whistleblower protections against retaliation

In a recent editorial, Whistleblower Network News (WNN) called on Garland to advocate for essential changes to laws that concern whistleblowers, citing issues with the False Claims Act and other more recent laws. The editorial states that the False Claims Act can be further modernized to clarify the contentious “materiality” loophole that has let many companies off the hook. The piece also mentions the 2020 Anti-Money Laundering whistleblower law, which it claims requires serious revision to be effective. While fixing these laws will require cooperation of the legislature, Garland could single-handedly stop whistleblower prosecution under the Espionage Act, an antiquated law that both the Obama and Trump administrations used to stifle government whistleblowing. National Security Agency (NSA) whistleblower Reality Winner and many others still languish in federal prison as a result of what legal experts have said is a gross misuse of the Espionage Act.

 National Law Review: “Message to Judge Garland: Make DOJ the ‘Whistleblower’s Advocate’” 

In a historic speech entitled “The SEC as the Whistleblower’s Advocate,” the then-Chairman of the SEC, Mary Jo White explained the new relationship between the Commission and whistleblowers: “It is past time to stop wringing our hands about whistleblowers. They provide an invaluable public service, and they should be supported. And, we at the SEC increasingly see ourselves as the whistleblower’s advocate.” 

 Congress should demand that the new Attorney General follow this example. Judge Garland has the background and experience to transform the Justice Department’s whistleblower programs. Congress must ensure that this transformation is not delayed. It is time for the next Attorney General to make the Department of Justice the “Whistleblower’s Advocate.” 

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How Will Merrick Garland’s Justice Department Handle the Assange Case?

The U.S. Senate is reportedly on the verge of confirming President Biden’s nominee for Attorney General, Merrick Garland.

The next Attorney General will have a major influence on many important matters, including the fate of the U.S. government’s case against Julian Assange.

Unlike many prominent officials from the Trump administration, Garland hasn’t made any public comments about Assange or the case. But it’s worth looking into Garland’s record and what he’s saying about his nomination for insight on how he’ll handle what has been described as the most important press freedom case in a generation

Garland’s First Amendment Record 

Garland spent 23 years as a federal appellate judge, seven of those as chief judge of the influential D.C. Circuit Court of Appeals. Press freedom groups have delved into his judicial opinions for insights into how he might handle First Amendment issues as Attorney General.

The Reporters Committee for Freedom of the Press found some cause for optimism, noting that Garland “has taken strong stands on First Amendment issues” in a number of cases. Specifically, RCFP notes, Garland defended the media’s right to publish questionably obtained information, supported a stronger reporter’s privilege, and showed a commitment to government transparency in his decisions on FOIA cases.

What happened at Garland’s confirmation hearing?

Garland’s nomination passed the Senate Judiciary Committee last week on a 15-7 vote after a relatively routine process. Press freedom issues were not a major theme of Garland’s confirmation hearing, and the Assange case was not brought up at all, but a few things stood out as potentially relevant to how Garland would act as Attorney General.

Garland testified that he would not allow politics to influence decisions about prosecutions and would resist pressure from the White House. On its face, that’s a welcome change of tone. It was the Trump Justice Department that politicized the Assange case after the Obama DoJ had previously decided that prosecuting Assange would create a “New York Times problem.”

How might this be a cause for concern? We want the Attorney General to ignore political concerns when making prosecutorial decisions, right? Yes. But coming on the heels of the precedent-shattering Trump administration, there are a lot of injustices that need to be undone. Simply letting bad cases play out allows injustice to fester.

Garland’s message here isn’t completely clear. One could interpret Garland’s words as an assurance that he will be independent, and not as an indication that he will allow his prosecutors to unjustly continue bad cases. Or one could extend that logic in the other direction: Garland might give Justice Department attorneys significant leeway to continue their work. He specifically mentioned allowing “ongoing cases” to play out, and attempted to contrast himself with predecessor William Barr’s willingness to intervene in criminal cases.

The Bottom Line

In all likelihood, Garland will be confirmed without ever being directly pressed on the Assange case. So we are unlikely to have clarity on how he’ll handle the matter in the near future.

We should be cautiously optimistic about Garland’s pro-transparency and pro-First Amendment record. And his promise to be independent should count as a plus — if true, it means he would be more resistant to other voices in the administration who might have animosity toward Assange.

There’s reason to believe Garland will arrive at a similar conclusion as former Attorney General Eric Holder — that, as the ACLU notes, “there is no way to prosecute [Julian Assange] for publishing classified information without opening the door to similar prosecutions of important investigative journalism.”

But Garland’s “by-the-book” ethos suggests he will likely defer to staff prosecutors who have already invested significant time and resources into pursuing Assange — at least for the time being. Being a deliberative leader is usually a good thing, but dragging your feet when confronted with manifest injustice isn’t. In this case, Garland might ultimately arrive at the right conclusion, but take his time getting there if he is hesitant to overrule his prosecutors and bring a swift end to Assange’s case. 

In other words, Garland’s deference may trigger the old legal maxim: “justice delayed is justice denied.”

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Election Hot Take: 5 Reasons Pardoning Assange Could Drastically Enhance Trump’s Legacy

Even though we are all still recovering from the election (and there are still some pending legal challenges to consider), we thought we’d take a few minutes to unpack an idea that many people have floated on social media and opinion columns.

Here’s one example, from Thomas Knapp, the director of the the Garrison Center, writing at Counterpunch:

Headline: America in Transition: Two Things Donald Trump Can Do to Burnish His Legacy

Trump has the power to pardon. He should use that power in unprecedented fashion, emptying the federal prisons of non-violent drug offenders and other assorted victims of a “justice” system gone haywire.

In particular, he should pardon (in alphabetical order) Julian Assange, Chelsea Manning, Edward Snowden, and Ross Ulbricht.

Assange and Snowden have been charged, but not yet tried, with telling the American people the truth about their government’s crimes. Manning has been convicted for the same heroic acts. President Obama commuted her sentence, but it’s time to restore her rights and recognize her service to her country.

Knapp isn’t the only one floating the possibility of a pardon for Assange. So let’s break down why this might be a great idea for Assange, for Trump, and for America.

1. It Would Transform Trump into the Defender of American Values 

Presidents rarely get to define their own legacy, and are often victims of external circumstances. Trump would love for his legacy to be about economic growth and reworked trade deals, but that’s unlikely to be how history remembers him. He has his tax cuts, and his defenders will make claims about economic strength…that was ultimately derailed by the COVID pandemic.

But there’s the rub. You can’t summarize the Trump presidency without fixating on COVID. The next sentence would probably be something about the divisiveness of the cultural and political moment. Much of that is beyond Trump’s control, but tell that to Herbert Hoover and Lyndon Johnson. Those are the breaks.

If Trump wants to shake up the narrative on his presidency, he can use one of his most important powers to do so. Pardoning Assange, Snowden, Manning, or a combination of the three would drastically reshape Trump’s legacy. It would become impossible to spin a narrative about Trump and our political climate without noting his magnanimous gesture. The speech almost writes itself:

#Gamechanger.

 2. It preempts Joe Biden 

We can’t be sure what Joe Biden will do as president when it comes to Assange. Maybe he’s weighing a pardon himself. Maybe he’ll merely drop the extradition request. Maybe he’ll actually continue the prosecution. 

Whatever Biden’s hypothetical course of action, a Trump pardon takes the decision out of Biden’s hands and gets Trump all the credit. 

Biden has a lot of work cut out for him uniting the Democratic Party and its coalition. They won’t have Trump to kick around any more, and the Left will be keeping a close eye on Biden. Taking Assange (and others) out of play gives Biden one less move he can make to appease key parts of his base.

3. It makes things more difficult for the Biden administration.

Similar to our last point, sending a powerful message in support of press freedom and releasing Assange causes headaches for the incoming president. Remember: Assange, Manning, and Snowden are all charged with crimes committed during the Obama-Biden administration. Allowing these transparency advocates the freedom to speak truth to power is a great way to undermine those in power.

4. It strikes at the Deep State.

Whatever your thoughts on Trump, let’s get one thing out of the way: the Deep State is real. Maybe you’d rather not call it that, and prefer “the national security establishment,” the “military-industrial complex,” or just “the bureaucracy.” Regardless of the label, there are career bureaucrats who transcend political parties and seek to accumulate power. They hate people like Assange, who operate outside established institutions. And Trump (usually) hates them back. What do they say about “the enemy of my enemy?”

The more “establishment” types prefer the predictability of someone like Joe Biden over the likes of Trump, who they feel less capable of controlling. It’s one of the reasons (although not the only one) that many establishment Republicans and hawkish (neoconservative) figures were “Never Trumpers,” “Lincoln Project” supporters, or even supported Joe Biden. Trump can tell them off by pardoning Assange and others.

5. It’s just the right thing to do.

Call it “saving the best for last.” Or chalk it up to cynicism about politics. But we can’t write a list like this without pointing out that the persecution of journalists and whistleblowers is simply wrong, and any action that pushes back against that persecution is a positive move.

Assange is not a U.S. citizen. He is being literally charged with “Espionage” for activities undertaken while he was in Europe. And even if you object to him being characterized as a “journalist,” the activities he is being charged over are textbook journalistic activities: newsgathering, working with sources, and publishing. Assange might not have operated like an old-school journalist, but that’s because he’s part of the evolution of journalism that is more open-source and accessible. Countless journalists, scholars, human rights organizations, and legal groups have all condemned the prosecution of Assange because it strikes at the heart of the free press and would make reporters all over the world subject to government persecution simply for doing their jobs: trying to tell the public the truth about things they have a right to know.