Real Reasons For Prosecution of Julian Assange

By Neenah Payne

As the video below shows, Trump initially said he LOVED WikiLeaks because it exposed malfeasance in Hillary Clinton’s campaign for the presidency and helped Trump win in 2016. Yet, Trump later claimed not to know much about WikiLeaks and allowed Assange to be prosecuted. Trump could so easily have freed Assange years ago.

All the times President Trump praised WikiLeaks 4/13/19

President Trump said this week he “knows nothing” about WikiLeaks. Here are just a few times he praised it during the 2016 campaign.

Day Two of Assange’s Trial

Day Two Of Julian Assange’s Last Stand In British High Court

Today marks the second and final day in what could very well be Julian Assange’s last extradition trial in front of the British High Court. For almost five years now, the United States government has been working to get the Wikileaks founder extradited to the US to face charges that he violated the Espionage Act.

Julian Assange’s wife Stella Moris reveals how they raise children together while he is in jail waiting an extradition decision

Is our time together running out?

When Julian is taken from his cell to the prison yard he tilts his head up so his eyes can focus on the distance. If he narrows his eyes, the double razor wire above becomes a blur. Beyond is the open sky.

Julian recently discovered a family of nesting magpies. He spotted their home subversively nestled between the razor wire. I think our family is like those magpies. When we are together, we are always a few metres from their nest. Our children — Gabriel, who is five, and Max, three — only have memories of their father within the brutal surroundings of Belmarsh prison.

We don’t know how long our children have left with their father. We don’t know if we can visit him or even talk to him on the phone. If the extradition goes ahead, US authorities retain the right to put Julian in conditions so cruel that no one in his position is likely to survive.

It is impossible for Julian and me to escape a feeling that he is on death row. Our weekly visits may be the only time we have left together. But for how much longer? A few months more, a few weeks, a few days and then only a few hours? I fear in the end we will count the minutes and the seconds.

Tucker Carlson’s Interviews of Julian and Stella Assange

Tucker Carlson Visited Julian Assange In Prison 12/22/23

Uncensored: The Julian Assange Extradition Hearing 2/21/24

Julian Assange is on the verge of being extradited to the United States, where he would likely face a lengthy prison sentence for committing the crime of conducting journalism of which the U.S. government does not approve.

That’s not hyperbole; it’s really happening. Next month, Assange will receive the final word from the British government on whether or not he’ll be turned over to American authorities. His wife, lawyer Stella Assange, is leading the fight to prevent his extradition, and she joined Tucker Carlson Uncensored to give an update. Click the image below to watch.

Stella Assange tells Tucker:

“So any president who actually values these traditional, constitutional protections should free Julian in whatever form that takes. If it’s a pardon, then, you know, I welcome it. Frankly, I don’t care how he’s freed. He just needs to be freed. The corruption and the lawlessness around Julian’s case, it’s politically motivated. It’s rotten to the core. All of that is self-evident. And whatever happens, as long as Julian’s free, you know, everything else is secondary as far as I’m concerned.”

Hidden Reasons For Prosecution of Assange

The article below by legendary journalist Glenn Greenwald shows that real reasons for the prosecution of Assange are petty and partisan. Freedom of the Press is protected by the First Amendment of the US Constitution as the foundation of our freedoms. Yet, Democrats and Republicans are willing to undermine freedom of the press because of partisan politics. There’s a plague on both their houses.

As the Obama DOJ Concluded, Prosecution of Julian Assange for Publishing Documents Poses Grave Threats to Press Freedom by Glenn Greenwald  11/16/18

The Trump DOJ’s prosecution of Assange will be cheered by Democrats, as they unite to criminalize the core of investigative journalism….

The Obama DOJ – despite launching notoriously aggressive attacks on press freedoms – recognized this critical principle when it came to WikiLeaks. It spent years exploring whether it could criminally charge Assange and WikiLeaks for publishing classified information. It ultimately decided it would not do so, and could not do so, consistent with the press freedom guarantee of the First Amendment….

As the Washington Post put it in 2013 when it explained the Obama DOJ’s decision not to prosecute Assange: Justice officials said they looked hard at Assange but realized that they have what they described as a “New York Times problem.” If the Justice Department indicted Assange, it would also have to prosecute the New York Times and other news organizations and writers who published classified material, including The Washington Post and Britain’s Guardian newspaper…..

Last year, the Trump DOJ under Jeff Sessions, and the CIA under Mike Pompeo, began aggressively vowing to do what the Obama DOJ refused to do – namely, prosecute Assange for publishing classified documents. Pompeo, as CIA Director, delivered one of the creepiest and most anti-press-freedom speeches heard in years, vowing that “we have to recognize that we can no longer allow Assange and his colleagues the latitude to use free speech values against us,” adding that WikiLeaks has “pretended that America’s First Amendment freedoms shield them from justice,” but: “they may have believed that, but they are wrong.”

Remarkably, the speech by Donald Trump’s hand-picked CIA chief and long-time right-wing Congressman sounded like (and still sounds like) the standard Democratic view when they urge the Trump administration to prosecute Assange. But at the time of Pompeo’s speech, Obama DOJ spokesman Matt Miller insisted to me that such promises to prosecute Assange were “hollow,” because the First Amendment would bar such prosecutions:

But the grand irony is that many Democrats will side with the Trump DOJ over the Obama DOJ. Their emotional, personal contempt for Assange – due to their belief that he helped defeat Hillary Clinton: the gravest crime – easily outweighs any concerns about the threats posed to press freedoms by the Trump administration’s attempts to criminalize the publication of documents.

This reflects the broader irony of the Trump era for Democrats. While they claim out of one side of their mouth to find the Trump administration’s authoritarianism and press freedom attacks so repellent, they use the other side of their mouth to parrot the authoritarian mentality of Jeff Sessions and Mike Pompeo that anyone who published documents harmful to Hillary or which have been deemed “classified” by the U.S. Government ought to go to prison….

In the wake of the 2010 disclosures of the Iraq and Afghanistan war logs, Donald Trump himself told Fox and Friends’ Brian Kilmade that he believed Assange deserved “the death penalty” for having published those documents (a punishment Trump also advocated for Edward Snowden in 2013):…

What has changed since that Obama-era consensus? Only one thing: in 2016, WikiLeaks published documents that reflected poorly on Democrats and the Clinton campaign rather than the Bush-era wars, rendering Democrats perfectly willing, indeed eager, to prioritize their personal contempt for Assange over any precepts of basic press freedoms, civil liberties, or Constitutional principles. It’s really just as simple – and as ignoble – as that.

It is this utterly craven and authoritarian mentality that is about to put Democrats of all sorts in bed with the most extremist and dangerous of the Trump faction as they unite to create precedents under which the publication of information – long held sacrosanct by anyone caring about press freedoms – can now be legally punished.

Recall that the DNC itself is currently suing WikiLeaks and Assange for publishing the DNC and Podesta emails they received: emails deemed newsworthy by literally every major media outlet, which relentlessly reported on them. Until this current Trump DOJ criminal prosecution of Assange, that DNC lawsuit had been the greatest Trump-era threat to press freedoms – because it seeks to make the publication of documents, which is the core of journalism, legally punishable. The Trump DOJ’s attempts to criminalize those actions is merely the next logical step in this descent into a full-scale attack on basic press rights.

THE ARGUMENTS JUSTIFYING the Trump administration’s prosecution of Assange are grounded in a combination of legal ignorance, factual falsehoods, and dangerous authoritarianism.

The most common misconception is that unlike the New York Times and the Washington Post, WikiLeaks can be legitimately prosecuted for publishing classified information because it’s not a “legitimate news outlet.” Democrats who make this argument don’t seem to care that this is exactly the view rejected as untenable by the Obama DOJ.

To begin with, the press freedom guarantee of the First Amendment isn’t confined to “legitimate news outlets” – whatever that might mean. The First Amendment isn’t available only to a certain class of people licensed as “journalists.” It protects not a privileged group of people called “professional journalists” but rather an activity: namely, using the press (which at the time of the First Amendment’s enactment meant the literal printing press) to inform the public about what the government was doing. Everyone is entitled to that constitutional protection equally: there is no cogent way to justify why the Guardian, ex-DOJ-officials-turned-bloggers, or Marcy Wheeler are free to publish classified information but Julian Assange and WikiLeaks are not.

Beyond that, WikiLeaks has long been recognized around the world as a critical journalistic outlet. They have won prestigious journalism awards including the Martha Gellhorn Prize for excellence in journalism as well as Australia’s top journalism award. Beyond that, it has partnered with the planet’s leading newspapers, including the New York Times, the Guardian, El Pais and others, to publish some of the most consequential stories of the last several decades One does not need to be a “legitimate journalism outlet” to enjoy the press freedom protections of the First Amendment, but even if that were the case, WikiLeaks has long possessed all indicia of a news outlet.

Then there’s the claim that WikiLeaks does more than publish documents: it helps its sources steal them. This was the claim made last night by former CIA agent John Sipher when trying to justify the Trump DOJ’s actions in response to concerns from a journalist about the threats to press freedom this would pose:

What Sipher said there is a complete fabrication. When the Obama DOJ explored the possibility of prosecuting Assange, that was the theory it tested: that perhaps it could prove that WikiLeaks did not merely passively receive the documents from Chelsea Manning but collaborated with her on how to steal them.

But the Obama DOJ concluded that this theory would not justify prosecution because – contrary to the lie told by Sipher – there was absolutely no evidence that Assange worked with Manning to steal the documents. As the Post put it: “officials said that although Assange published classified documents, he did not leak them, something they said significantly affects their legal analysis.”

The same is true of WikiLeaks’ publication of the DNC and Podesta emails. Nobody has ever presented evidence of any kind that WikiLeaks worked on the hacking of those emails. There is no evidence that WikiLeaks ever did anything other than passively receive pilfered documents from a source and then publish them – exactly as the New York Times did when it received the stolen Pentagon Papers, and exactly as the Guardian and the Washington Post did when it received the Snowden documents.

Moreover, journalists often do more than passively receive information, but instead frequently work with sources before publication of articles: encouraging, cajoling, and persuading them to provide more information. Accepting the theory that a journalist can be prosecuted for doing more than merely passively receiving information – something that nobody has even proved Assange did – would itself gravely threaten to criminalize core aspects of journalism.

Then there’s the claim that WikiLeaks somehow stopped being a real journalism outlet because it acted to help one of the presidential campaigns at the expense of the other. This is just another version of the false argument that only “Real Journalists” – whatever that might mean, whoever gets to decide that – enjoy the right to use a free press to disseminate information. That claim is pure legal ignorance.

But let’s assume for the sake of argument that it’s true that WikiLeaks acted to help the Trump campaign and therefore should be disqualified from the protections of the First Amendment. To see how pernicious this argument is, look at how it was recently expressed by former Pentagon official Ryan Goodman and Obama WH Counsel Bob Bauer in justifying the prosecution of WikiLeaks:

It is clear from disclosures by an internal WikiLeaks critic and other materials that Julian Assange targeted Hillary Clinton and sought to work with the Trump campaign and the Russians to secure her defeat. This is not a “legitimate press function.” And the conflation of Wikileaks’ plan of campaign attack with standard journalistic activity undermines important distinctions critical to the protection of the free press.

Just ponder the implications of this incredibly restrictive definition of journalism. It would mean that any outlets that favor one candidate over another, or one political party over another, are not engaged in “legitimate press functions” and therefore have no entitlement to First Amendment protections.

Does anyone on the planet doubt that outlets such as MSNBC and Vox favor the Democratic Party over the Republican Party, and the people they employ as journalists spent the last year doing everything they can to help the Democrats win and the Republicans lose? Does anyone doubt that MSNBC and Vox journalists spent 2016 doing everything in their power to help Hillary Clinton win and Donald Trump lose? No person with even the most minimal amount of intellectual honesty could deny that they did so.

Does this mean that Rachel Maddow and Ezra Klein – by virtue of favoring one political party over the other – are not real journalists, that they are not engaged in “legitimate press functions,” and thus do not enjoy the protections of the First Amendment, meaning they can be prosecuted by the Trump DOJ without the ability to claim the rights of a free press? To state that proposition is to illustrate the tyrannical impulses underlying it…..

Neither the most authoritarian factions of the Trump administration behind this prosecution, nor their bizarre and equally tyrannical allies in the Democratic Party, care the slightest about press freedoms. They only care about one thing: putting Julian Assange behind bars, because (in the case of Trump officials) he revealed U.S. war crimes and because (in the case of Democrats) he revealed corruption at the highest levels of the DNC that forced the resignation of the top 5 officials of the Democratic Party and harmed the Democrats’ political reputation.

They’re willing to create a precedent that will criminalize the core function of investigative journalism because – even as they spent two years shrilly denouncing that most trivial “attacks on press freedom” – they don’t actually care about that value at all. They want to protect only the journalism that advances their political interests, while putting people behind bars who publish information that undermines their political interests. It is this authoritarian, noxious mentality that has united the worst elements of the Trump administration and the Democratic Party that pretends to find tyrannical actions objectionable but is often the leaders in defending them.

Robert Kennedy Jr.’s email on 1/24/24 included the video below.

With your help, I am going to take on the censorship regime in America today.

No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State

Amazon Description

A groundbreaking look at the NSA surveillance scandal, from the reporter who broke the story, Glenn Greenwald, star of Citizenfour, the Academy Award-winning documentary on Edward Snowden

In May 2013, Glenn Greenwald set out for Hong Kong to meet an anonymous source who claimed to have astonishing evidence of pervasive government spying and insisted on communicating only through heavily encrypted channels. That source turned out to be the twenty-nine-year-old NSA contractor Edward Snowden, and his revelations about the agency’s widespread, systemic overreach proved to be some of the most explosive and consequential news in recent history, triggering a fierce debate over national security and information privacy.

Now Greenwald fits all the pieces together, recounting his high-intensity eleven-day trip to Hong Kong, examining the broader implications of the surveillance detailed in his reporting for The Guardian, and revealing fresh information on the NSA’s unprecedented abuse of power with documents from the Snowden archive. Fearless and incisive, No Place to Hide has already sparked outrage around the globe and been hailed by voices across the political spectrum as an essential contribution to our understanding of the U.S. surveillance state.

With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful  

Amazon Description

From “the most important voice to have entered the political discourse in years” (Bill Moyers), a scathing critique of the two-tiered system of justice that has emerged in America

From the nation’s beginnings, the law was to be the great equalizer in American life, the guarantor of a common set of rules for all. But over the past four decades, the principle of equality before the law has been effectively abolished. Instead, a two-tiered system of justice ensures that the country’s political and financial class is virtually immune from prosecution, licensed to act without restraint, while the politically powerless are imprisoned with greater ease and in greater numbers than in any other country in the world.

Starting with Watergate, continuing on through the Iran-Contra scandal, and culminating with Obama’s shielding of Bush-era officials from prosecution, Glenn Greenwald lays bare the mechanisms that have come to shield the elite from accountability. He shows how the media, both political parties, and the courts have abetted a process that has produced torture, war crimes, domestic spying, and financial fraud.

Cogent, sharp, and urgent, this is a no-holds-barred indictment of a profoundly un-American system that sanctions immunity at the top and mercilessness for everyone else.

How Would a Patriot Act?: Defending American Values from a President Run Amok

Amazon Description

Glenn Greenwald was not a political man — neither liberal nor conservative. To him, the U.S. was generally on track and would remain forever centrist. But all that has changed.

Over the past five years, a creeping extremism has taken hold of our federal government, which threatens to alter our system of governing ourselves and our national character. This extremism is neither liberal nor conservative, but is driven by the Bush administration’s radical theories of executive power. Greenwald writes that we cannot abide these unlimited and unchecked presidential powers if we are to remain a constitutional republic. Because when you answer to no one, you’re not a president — you’re a despot.

This is one man’s story of being galvanized into action to defend his country, and his concise and penetrating analysis of what is at stake for America when its president has secretly bestowed upon himself the powers of a king. From 9/11 to the question of nuclear war in Iran, Greenwald shows how Bush’s claims of unlimited power play out. In the spirit of the colonists who once mustered the strength to denounce a king, Greenwald asks: how would a patriot act today?

Battlefield America: The War On The American People

Amazon Description

Police forces across the United States have been transformed into extensions of the military. Our towns and cities have become battlefields, and we the American people are now the enemy combatants to be spied on, tracked, frisked, and searched. For those who resist, the consequences can be a one-way trip to jail, or even death. Battlefield America: The War on the American People is constitutional attorney John W. Whitehead’s terrifying portrait of a nation at war with itself.

In exchange for safe schools and lower crime rates, we have opened the doors to militarized police, zero tolerance policies in schools, and SWAT team raids. The insidious shift was so subtle that most of us had no idea it was happening. This follow-up to Whitehead’s award-winning A Government of Wolves is a brutal critique of an America on the verge of destroying the very freedoms that define it. Hands up!—the police state has arrived.

For More Information

Calls Grow To Release Julian Assange
Tucker Carlson’s Trip To Liberate Canada
When Free Speech Dies, The Killing Begins
New York Times Now Supports Julian Assange!
New Book Warns Julian Assange Is Being Tortured
Lawsuit Against CIA/Pompeo For Assange Surveillance!
Day Two Of Julian Assange’s Last Stand In British High Court
Federal court rules Trudeau violated Charter rights with Emergencies Act against Truckers

Neenah Payne writes for Activist Post

Top image: National Lawyer’s Guild

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