Lawyers for Julian Assange & WikiLeaks Seek Details on Justice Department’s Criminal Investigation
http://dissenter.firedoglake.com/2012/10/11/lawyers-for-julian-assange-wikileaks-seek-details-on-justice-departments-criminal-investigation/Former Spanish judge Baltasar Garzón, counsel to Julian Assange and WikiLeaks, and the Center for Constitutional Rights (CCR) write, In light of recent reports suggesting the possibility of an ongoing criminal investigation of Mr. Assange and/or WikiLeaksand the existence of secret grand jury proceedings in the Eastern District of Virginiawe write to assess whether Mr. Assange in fact faces any criminal jeopardy in the United States and to protect his interests in the face of an investigation and/or trial.
The grand jury exists and has been meeting. It has been confirmed in proceedings in the court martial of Pfc. Bradley Manning, the soldier accused of releasing classified information to WikiLeaks. It was also confirmed in diplomatic communications between the United States and Australia, which were covered by the Sydney Morning Herald.
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To what extent the Justice Department considers Assange or WikiLeaks to be legally an enemy is important for the lawyers representing WikiLeaks to find out. As Glenn Greenwald of The Guardian recently covered in detail, A US air force systems analyst who expressed support for WikiLeaks and accused leaker Bradley Manning triggered a formal military investigation last year to determine whether she herself had leaked any documents to the group. The Air Force interviewed her multiple times to elicit information on her contacts with and support for WikiLeaks. They referred to WikiLeaks, in documents, as an ant-US or anti-military group. And the crime she was being investigated for committing was, Communicating with the Enemy, an Article 104 offense under the Uniform Code of Military Justice (the same kind of offense Pfc. Manning allegedly committed).
This is a legitimate news story, but I didn't post in time for LBN. The question of whether or not the US will pursue prosecution of Assange for espionage or cybercrime is still an open one.
freshwest
(53,661 posts)He is not a citizen nor has he been in the employ of the US Government in any fashion, nor has he signed an oath as the ones in the article have. The lawyers appear to grasping at anything to put Julian in the same class as Manning. I don't think they will. But anything get this resolved would be good.
AntiFascist
(12,792 posts)the analyst in question was investigated for "communicating with the enemy". Nowhere in the investigation did it investigate any connections to an actual enemy such as Al Qaeda, so it must be assumed that communicating with Assange or Wikileaks was enough to qualify as communicating with the enemy.
It was only 2 years ago that a long list of high profile Republicans were calling for Assange to receive the death penalty, and some even calling for his assassination. The lawyers are not grasping at anything, I think they are simply interested in finding out whether the fervor of the government may have died down, or if Eric Holder is still intent on completing a case against Assange and having him prosecuted.
JDPriestly
(57,936 posts)lawyers appear to grasping at anything to put Julian in the same class as Manning? The US prosecutors or Assange's lawyers. I think Assange's lawyers are trying to find out whether their client faces prosecution in the US or not. That is a legitimate concern.
freshwest
(53,661 posts)Assange is peripheral to this case and the media focus, and his lawyers are attempting to portray him as the martyr to the cause with all the dramatic flourishes they can paint it with, designed to tear at the heartstrings and sense of injustice of millions.
It is said that the myth of Robin Hood must be maintained in order to give the poor false hope, when there is none. It is a fable the masses embrace, thinking it will change the power structure of the world, when all it does is provide an emotionally satisfying diversion.
There is another side that goes the personal route to discredit Assange, and their language is likewise full of flourishes of sarcasm and disdain that I can do without. I remain unmoved by claims of his moral failings as a reason to give up transparency.
But it has all been too slick, like the WikiLeaks documentary and the theatrical themes of Anonymous. These are 'get back at the man' emotional memes that don't change the battle on the ground of Planet Earth. While we dally about with the idea that we are defending Assange or other actors in these plays, the ground is literally being taken out from under our feet.
I have come to feel the same about religion and spirituality. Such as, let's all meditate and transcend. That is part of the culture of this and leads to the belief that there is going to be some mass awakening from transparency and then: 'oppressors be gone.'
May be another diversion as the same forces, the boogeymen of the day, take over every foot of land on this globe. We will be removed like hopeful new saplings on the side of hill by clear cutting. The material world is not so easy to control, we go into these flights of fancy at our peril, ceding the ground to the oppressors. While we disparage the good that is being done by those who still believe that government is the force between us and the oligarchs and give up on the system and think that Assange is some mythical savior, the oppressors win.
Before the flaming begins, as I know it will, Assange is not the victim here. The martyr to the cause is in solitary confinement with his life hanging in the balance, not globetrotting for years after the release of the information. It was the young man who thought he was saving the world by violating his oath for a higher cause who is doing the real suffering and at risk here in the real world, not the online world.
Sadly, the release of the information he made has not changed anything in the material global power structure. But that is what WikiLeaks became famous for. Assange produced nothing, he only financed WikiLeaks and became the spokesperson for an online movement.
As far as I am concerned, Assange should go free and at this time, the person who will not see the light of day, will not have the chances Assange has had, is Bradley Manning. Assange will be protected because he is a celebrity, and in the eyes of the world, Manning doesn't matter much because he is truly confined in every sense of the word. Assange does not speak for Manning, but himself now.
So, I have answered your question, but I doubt I have answered it to your satisfaction. I do not find myself on either side of this crusade. I'm only looking at results and that's what I see. When I cut the emotion out of it, nothing has changed despite all the hype. Peace Out. EOM.
AntiFascist
(12,792 posts)when the diplomatic cables were released. As one South American commentator said: "the world suddenly became larger". The US media has not focused on this, so as far as US citizens are concerned, nothing has changed. All we are exposed to is the human drama related to Manning and Assange.
I'm not focused on Assange because of the human drama. If I only cared about human drama, then I should be much more concerned about what is happening to Bradley Manning.
The treatment of Assange will reflect on the future treatment of journalists who are involved in working with sources and whistleblowers, and who are in a position to expose massive corruption of the powers that be, regardless of how egotistical they are. If such corruption cannot be exposed, then the rest of the world may as well go the way of Greece (both ancient and present day).
struggle4progress
(118,290 posts)noise about how Sweden was plotting to hand him over to GITMO so the US could torture him to death? Now, after four months in the embassy? Now, after all his buddies have forfeited hundreds of thousands of pounds in bail and sureties?
AntiFascist
(12,792 posts)right before Manning's trial. Prosecutors could be plea bargaining with Manning's team if he turns against Assange and provides testimony that could be used against Assange.
Also, this isn't the first time Assange's team has asked the US government for clarification on whether prosecution will move forward.
AntiFascist
(12,792 posts)from the thread that got locked:
Here is a previous report from the UK Independent where there were informal talks with Swedish diplomats about turning Assange over to he US.
http://www.independent.co.uk/news/uk/crime/assange-could-face-espionage-trial-in-us-2154107.html