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Air Force: You broke the law if you read WikiLeaks

Air Force: You broke the law if you read WikiLeaks
iStockphoto/Salon

There's been a lot of debate in the last few months about the Espionage Act of 1917 and whether that law was broken by WikiLeaks when the group released thousands of State Department cables. But the legal office of the Air Force Materiel Command is now advancing a new, almost comically extreme interpretation of the law.

According to a document published by Steven Aftergood of Secrecy News, the Air Force legal office has issued a guidance informing servicemembers that, if they access WikiLeaks on their home computers, they are violating the Espionage Act. And, further, if family members of Air Force members access WikiLeaks, they, too, would be subject to prosecution. 

"Family member" is not defined in the guidance. So if you have, say, a second cousin in the Air Force, it's not clear whether, under this theory, you broke the law by reading WikiLeaks cables.

The Espionage Act makes it illegal to disclose national defense information to someone not authorized to receive it. Some people have argued that WikiLeaks could be prosecuted under a section of the law that makes it illegal to retain such information if the government demands it back -- though under this theory, many journalists have presumably broken the same law. But no credible legal analyst has advanced the argument that simply by reading the cables released by WikiLeaks, a person is breaking the law. That seems to be what the Air Force is now saying. 

From the guidance:

According to AFMC's legal office, Air Force members -- military or civilian -- may not legally access WikiLeaks at home on their personal, non-governmental computers, either.

"To do so [on a government or personal computer] would not only violate the SECAF guidance on this issue, a violation of which subjects the violator to prosecution for dereliction of duty or for engaging in prejudicial/service discrediting conduct, it would also subject the violator to prosecution for violation of espionage under the Espionage Act," they said.

Also according to the legal office, "if a family member of an Air Force employee accesses WikiLeaks on a home computer, the family member may be subject to prosecution for espionage under U.S. Code Title 18 Section 793. The Air Force member would have an obligation to safeguard the information under the general guidance to safeguard classified information."

I have a call in to the Air Force on this, and will update this post if I hear back.

  • Justin Elliott is a Salon reporter. Reach him by email at jelliott@salon.com and follow him on Twitter @ElliottJustin More: Justin Elliott

Assange lawyer: Risk of 'denial of justice'

Wikileaks founder's attorney cries foul over Sweden's lack of transparency, extradition proceedings on rape charges

Assange lawyer: Risk of 'denial of justice'
AP/Kirsty Wigglesworth
WikiLeaks founder Julian Assange arrives at Belmarsh Magistrates' Court in London.

A lawyer for WikiLeaks founder Julian Assange said Monday that Swedish secrecy around rape proceedings and his client's global notoriety mean there is a risk of a denial of justice if he is extradited to Sweden over sex crimes allegations.

Geoffrey Robertson said at a hearing that his client was fighting extradition because such trials are usually held in secret. A trial behind closed doors would be "a flagrant denial of justice ... blatantly unfair, not only by British standards but by European standards and indeed by international standards," Robertson said.

Rape trials are often held behind closed doors in Sweden to protect the alleged victims.

Assange is accused of sexual misconduct by two women he met during a visit to Stockholm last year. Defense lawyers are arguing that he should not be extradited because he has not been charged with a crime, because of flaws in Swedish prosecutors' case -- and because a ticket to Sweden could eventually land him in Guantanamo Bay or on U.S. death row.

The prosecutor representing Sweden, Clare Montgomery, opened by dismissing several key planks of the defense. She said Marianne Ny is a public prosecutor, dismissing defense claims that she is not authorized to issue a European Arrest Warrant.

She also said the rape allegation was an extraditable offense even under Sweden's broad definition of the crime. Assange's lawyers say he cannot be extradited because he has not been charged with a crime in Sweden and is only wanted for questioning -- and that the allegation is not rape as understood under European and English law.

"The Swedish offense of rape contains the core element of rape ... the deliberate violation of a woman's sexual integrity through penetration," she said.

American officials are trying to build a criminal case against the secret-spilling site, which has angered Washington by publishing a trove of leaked diplomatic cables and secret U.S. military files. Assange's lawyers claim the Swedish prosecution is linked to the leaks and politically motivated.

Preliminary defense arguments released by Assange's legal team claim "there is a real risk that, if extradited to Sweden, the U.S. will seek his extradition and/or illegal rendition to the USA, where there will be a real risk of him being detained at Guantanamo Bay or elsewhere."

Many legal experts say the Guantanamo claims are fanciful, and Sweden strongly denies coming under American pressure.

Nils Rekke, head of the legal department at the Swedish prosecutor's office in Stockholm, has said Assange would be protected from transfer to the U.S. by strict European rules.

"If Assange was handed over to Sweden in accordance with the European Arrest Warrant, Sweden cannot do as Sweden likes after that," he said. "If there were any questions of an extradition approach from the U.S., then Sweden would have to get an approval from the United Kingdom."

Assange, wearing a blue suit, was flanked by two prison guards as the hearing opened at Belmarsh Magistrates' Court. Celebrity supporters Jemima Khan and Bianca Jagger also attended.

Robertson denied Assange had committed any sexual offenses under English law. He said all relationships, long or short, contain "moments of frustration, irritation and argument. This doesn't mean, in this country, that the police are entitled to sniff under the bedclothes."

WikiLeaks sparked an international uproar last year when it published a secret helicopter video showing a U.S. attack that killed two Reuters journalists in Baghdad. It went on to release hundreds of thousands of secret U.S. military files on the wars in Iraq and Afghanistan, and it later began publishing classified U.S. diplomatic cables whose revelations angered and embarrassed the U.S. and its allies.

The furor made Assange, 39, a global celebrity. The nomadic Australian was arrested in London in December after Sweden issued a warrant on rape and molestation accusations.

Released on bail on condition he live -- under curfew and electronically tagged -- at a supporter's country mansion in eastern England, Assange has managed to conduct multiple media interviews, sign a reported $1.5 million deal for a memoir, and pose for a magazine Christmas photo shoot dressed as Santa Claus.

The full extradition hearing should shed light on the contested events of Assange's trip to Sweden, where WikiLeaks' data are stored on servers at a secure center tunneled into a rocky Stockholm hillside. Two Swedish women say they met Assange when he visited the country and separately had sex with him, initially by consent.

In police documents leaked on the Internet, one of the women told officers she woke up as Assange was having sex with her, but let him continue even though she knew he wasn't wearing a condom. Having sex with a sleeping person can be considered rape in Sweden.

Assange is also accused of sexual molestation and unlawful coercion against the second woman. The leaked documents show she accuses him of deliberately damaging a condom during consensual sex, which he denies.

Assange's lawyers complain they have not been given access to text messages and tweets by the two women which allegedly undermine their claims. They say text messages exchanged by the claimants "speak of revenge and of the opportunity to make lots of money."

Whatever happens in court this week, Assange's long legal saga -- and his stay in the tranquil Norfolk countryside -- is far from over. The extradition hearing is due to end Tuesday, but Judge Howard Riddle is likely to take several weeks to consider his ruling -- which can be appealed by either side.

WikiLeaks' Assange faces extradition

The founder of WikiLeaks begins a hearing that could send him to Sweden for a sex crimes trial

WikiLeaks founder Julian Assange and his entourage of lawyers, supporters, protesters and journalists are headed back to a London court for a showdown between the secret-spilling computer hacker and Swedish authorities who want him extradited to face sex crimes allegations.

A two-day hearing that begins Monday will decide Assange's legal fate. It will also keep the spotlight away from WikiLeaks' revelations and on its opinion-dividing frontman.

Assange is accused of sexual misconduct by two women he met during a visit to Stockholm last year. At Belmarsh Magistrates' Court, a high-security judicial outpost beside a prison, defense lawyers will argue that he should not be extradited because he has not been charged with a crime, because of flaws in Swedish prosecutors' case -- and because a ticket to Sweden could land him in Guantanamo Bay or on U.S. death row.

American officials are trying to build a criminal case against WikiLeaks, which has angered Washington by publishing a trove of leaked diplomatic cables and secret U.S. military files. Assange's lawyers claim the Swedish prosecution is linked to the leaks and politically motivated.

Preliminary defense arguments released by Assange's legal team claim "there is a real risk that, if extradited to Sweden, the U.S. will seek his extradition and/or illegal rendition to the USA, where there will be a real risk of him being detained at Guantanamo Bay or elsewhere."

The document adds that "there is a real risk that he could be made subject to the death penalty" if sent to the United States. Under European law, suspects cannot be extradited to jurisdictions where they may face execution.

Many legal experts say the Guantanamo claims are fanciful, and Sweden strongly denies coming under American pressure.

Nils Rekke, head of the legal department at the Swedish prosecutor's office in Stockholm, said Assange would be protected from transfer to the U.S. by strict European rules.

"If Assange was handed over to Sweden in accordance with the European Arrest Warrant, Sweden cannot do as Sweden likes after that," he said. "If there were any questions of an extradition approach from the U.S., then Sweden would have to get an approval from the United Kingdom."

Assange's lawyers will also battle extradition on the ground that he has not been charged with a crime in Sweden and is only wanted for questioning.

They argue that "it is a well-established principle of extradition law ... that mere suspicion should not found a request for extradition."

Lawyers for Sweden have yet to disclose their legal arguments.

WikiLeaks sparked an international uproar last year when it published a secret helicopter video showing a U.S. attack that killed two Reuters journalists in Baghdad. It went on to release hundreds of thousands of secret U.S. military files on the wars in Iraq and Afghanistan, and it later began publishing classified U.S. diplomatic cables whose revelations angered and embarrassed the U.S. and its allies.

The furor made Assange, 39, a global celebrity. The nomadic Australian was arrested in London in December after Sweden issued a warrant on rape and molestation accusations.

Released on bail on condition he live -- under curfew and electronically tagged -- at a supporter's country mansion in eastern England, Assange has managed to conduct multiple media interviews, sign a reported $1.5 million deal for a memoir, and pose for a magazine Christmas photo shoot dressed as Santa Claus.

He drew a large media scrum at a brief court appearance in London last month, where he vowed to step up the leak of a quarter million classified U.S. diplomatic cables.

The full extradition hearing should shed light on the contested events of Assange's trip to Sweden, where WikiLeaks' data are stored on servers at a secure center tunneled into a rocky Stockholm hillside. Two Swedish women say they met Assange when he visited the country and separately had sex with him, initially by consent.

In police documents leaked on the Internet, one of the women told officers she woke up as Assange was having sex with her, but let him continue even though she knew he wasn't wearing a condom. Having sex with a sleeping person can be considered rape in Sweden.

Assange is also accused of sexual molestation and unlawful coercion against the second woman. The leaked documents show she accuses him of deliberately damaging a condom during consensual sex, which he denies.

The picture is more confused by the fact that one Stockholm prosecutor threw out the rape case, before a more senior prosecutor later reinstated it and asked for Assange's extradition from Britain so she could question him.

Assange's lawyers argue that amid the confusion, the European arrest warrant was improperly issued. They allege Assange "has been the victim of a pattern of illegal and/or corrupt behavior by the Swedish prosecuting authorities," who leaked his name to the media, rejected his requests to be interviewed from London, and failed to make the evidence against him available in English.

They also say the accusations against Assange would not constitute a crime in Britain, and complain they have not been given access to text messages and tweets by the two women which allegedly undermine their claims. They say text messages exchanged by the claimants "speak of revenge and of the opportunity to make lots of money."

Whatever happens in court this week, Assange's long legal saga -- and his stay in the tranquil Norfolk countryside -- is far from over. The extradition hearing is due to end Tuesday, but Judge Howard Riddle is likely to take several weeks to consider his ruling -- which can be appealed by either side.

Assange, meanwhile, may be tiring of his nomadic life. On Friday he told a meeting in Melbourne by video link that Australian Prime Minister Julia Gillard "should be taking active steps to bring me home."

Kucinich wants to visit Wikileaks suspect Bradley Manning

Congressman says he is concerned over reports that Bradley Manning is being held in overly harsh conditions

Pfc. Bradley Manning
Army via AP
Pfc. Bradley Manning is being held in a military brig in Virginia.

Dennis Kucinich (D-Ohio) has asked the Defense Secretary Robert Gates for a visit with the Army private suspected of giving classified material to WikiLeaks.

Kucinich, who is a member of the House Committee on Oversight and Government Reform, sent a letter Friday to Gates asking for a visit with Pfc. Bradley Manning.

Manning is being held in a Marine Corps brig in Quantico, Va. He has not been convicted of any crimes. 

Kucinich says he is concerned about reports of Manning's treatment while in custody. David Coombs, Manning's lawyer, has filed a complaint with the Quantico commander about the conditions Manning is being held under, which he says are overly harsh and punitive. The Pentagon has denied these conditions. 

To read more about the allegations that Manning is living in cruel and inhumane treatment, even constituting torture, check out Glenn Greenwald's Dec. piece, "The inhuman conditions of Bradley Manning's detention."

CBS and Julian Assange

Sunday's "60 Minutes" interview gave WikiLeaks founder his best platform yet Video

CBS and Julian Assange
CBS screen shot
Julian Assange

I owe an apology to Steve Kroft and his colleagues at the CBS newsmagazine "60 Minutes" -- and want to congratulate them for performing a genuine public service last night.

As you may know, the program featured a long interview with WikiLeaks founder Julian Assange.  My initial reaction was incredulity, at what seemed like an amateurish if not downright embarrassing performance by the interviewer. In particular, I was astonished at the tone and substance of some of the questions, which seemed at times to come out of the "old media sucking up to power" school of which CBS often seems to be a proud member. Here's one of the exchanges:

Kroft: There's a special set of rules in the United States for disclosing classified information. There is long-standing ...

Assange: There's a special set of rules for soldiers. For members of the State Department, who are disclosing classified information. There’s not a special set of rules for publishers to disclose classified information. There is the First Amendment. It covers the case. And there’s been no precedent that I’m aware of in the past 50 years of prosecuting a publisher for espionage. It is just not done. Those are the rules. You do not do it.

At first, this sounds like an interviewer simply parroting the establishment media's sense of what is "allowed" and what isn't. It reflects an inside-the-Beltway echo chamber of insiders protecting each other.

But then, the genius of the interview becomes clear. These are not hard questions. In fact, they're pure softballs. Again and again, Julian Assange swats them out of the park. In the above example, he points out that the rules, such as they are, are about the people with immediate access to classified and/or secret information, not the journalists who receive information and then publish it.

What I've concluded is that "60 Minutes" has deep sympathy for Julian Assange, and did its best to give him the kind of platform that would, first, make him seem much less threatening to the United States audience that has been so thoroughly propagandized by the government and other major media; and second, reinforce the value of journalism in general, and investigative journalism in particular.

Is CBS that subtle? I sure hope so.

If you haven't already seen the interview, you should. Here's the first segment:

And here's the second one:

Julian Assange gushes to "60 Minutes"

Julian Assange gushes to
60 Minutes

When Julian Assange speaks, journalists listen. Last night, the clandestine figure sat down with Steve Croft for a lengthy on camera interview at Assange's hideout in England. Wikileaks, his now world-famous project, is now infamous among the global elite whose secrets are being spilled.

Part 1

Among other things, Assange describes Wikileaks as an organization that "plays within the rules," comparing the non-profit to news organizations like the New York Times. The effect of such an analogy would reverberate into the future of classified information if the U.S. allowed Wikileaks, a small but increasingly powerful organization, to be treated as a press outfit. Assange himself comes off as an intriguing anti-hero, an outsider:

Some have argued that he's not really a journalist at all. He is an anti-establishment idealogue with conspiratorial ideals. He believes large government institutions use secrecy to supress the truth and he distrusts the mainstream media for play along. Some people call him an anarchist -- which he denies -- Assange prefers to be called a libertarian and believes that the only people who can adequately police the system are those on the inside who are in a position to notice the abuse and blow the whistle.

Assange also discusses his relationship with sources, Wikileaks' relationship with governments, and rumors about the next big leak which many believe will implicate the Bank of America.

In addition to the 30-minute Q&A, "60 Minutes" releaseed a package of extra material including a behind-the-scenes report detailing how they tracked down the ellusive Assange for the exposée. Click through for more feaures:

Part 2

Page 1 of 31 in WikiLeaks Earliest ⇒

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