WikiLeaks: Can the U.S. prosecute Julian Assange?
The Obama administration wants to have the WikiLeaks founder extradited... but on what charges could the government try him?
Julian Assange is behind bars in Britain on an arrest warrant over alleged sex offenses in Sweden. But both the Obama administration and senior Republicans have called for the WikiLeaks founder to face charges in an American court. The Justice Department is looking at various options for indicting Assange — considering potential charges under the 1917 Espionage Act and "other possible offenses, including conspiracy [with the person who originally leaked the documents] or trafficking in stolen property." Could Assange really be prosecuted here? (Watch an AP report about Assange's status)
No. We still have a First Amendment: The Constitution, says Michael A. Lindenberger at Time, "provides enormous protection for publishers of state secrets." Assange didn't steal documents, he merely published them. That's pretty clearly protected under the First Amendment. Getting Assange to the U.S. won't be easy either. "Even the friendliest" European nations "will look askance at any extradition request that looks to be political in nature."
"The U.S.'s weak legal case against WikiLeaks"
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
And our Espionage Act is not up to the task: Trying Assange under the Espionage Act would be near impossible, says Louis Klarevas at The Atlantic. It is "wildly out of date." For example, it states that anyone who "obtains and retains classified information" is guilty of a crime. That would put all the newspapers who published the stories on the wrong side of the law. And if you posted them on your Facebook wall, "you're probably guilty too."
"WikiLeaks, the web, and the need to rethink the espionage act"
It depends on what Assange did: If Assange collaborated with the leaker of these cables, says Charlie Savage at The New York Times, say, by "directing him to look for certain things and providing technological assistance," then he could be tried as a co-conspirator. But there is "no public sign" that he did.
"U.S. prosecutors study WikiLeaks prosecution"
The government will find a way: If the law doesn't exist to charge Assange, says Glenn Greenwald at Salon, the government will simply create one. The truth is, the U.S. is "happy to severely punish anyone they want without the slightest basis in 'law.'" Already, it has "blocked access to [Wikileaks'] assets, tried to remove them from the internet" and "declared them 'terrorists" — all without "any charges being filed or a shred of legal authority."
"Anti-WikiLeaks lies and propaganda — from TNR, Lauer, Feinstein and more"
Create an account with the same email registered to your subscription to unlock access.
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
-
The growing thirst for camel milk
Under the radar Climate change and health-conscious consumers are pushing demand for nutrient-rich product – and the growth of industrialised farming
By Harriet Marsden, The Week UK Published
-
'Good riddance to the televised presidential debate'
Instant Opinion Opinion, comment and editorials of the day
By Harold Maass, The Week US Published
-
Caitlin Clark the No. 1 pick in bullish WNBA Draft
Speed Read As expected, she went to the Indiana Fever
By Peter Weber, The Week US Published
-
Arizona court reinstates 1864 abortion ban
Speed Read The law makes all abortions illegal in the state except to save the mother's life
By Rafi Schwartz, The Week US Published
-
Trump, billions richer, is selling Bibles
Speed Read The former president is hawking a $60 "God Bless the USA Bible"
By Peter Weber, The Week US Published
-
The debate about Biden's age and mental fitness
In Depth Some critics argue Biden is too old to run again. Does the argument have merit?
By Grayson Quay Published
-
How would a second Trump presidency affect Britain?
Today's Big Question Re-election of Republican frontrunner could threaten UK security, warns former head of secret service
By Harriet Marsden, The Week UK Published
-
'Rwanda plan is less a deterrent and more a bluff'
Instant Opinion Opinion, comment and editorials of the day
By The Week UK Published
-
Henry Kissinger dies aged 100: a complicated legacy?
Talking Point Top US diplomat and Nobel Peace Prize winner remembered as both foreign policy genius and war criminal
By Harriet Marsden, The Week UK Last updated
-
Trump’s rhetoric: a shift to 'straight-up Nazi talk'
Why everyone's talking about Would-be president's sinister language is backed by an incendiary policy agenda, say commentators
By The Week UK Published
-
More covfefe: is the world ready for a second Donald Trump presidency?
Today's Big Question Republican's re-election would be a 'nightmare' scenario for Europe, Ukraine and the West
By Sorcha Bradley, The Week UK Published