Biden’s DOJ Is Pressuring Journalists to Help Build Its Case Against Assange

THE DEPARTMENT OF Justice and FBI are pressuring multiple British journalists to cooperate with the prosecution of WikiLeaks founder Julian Assange, using vague threats and pressure tactics in the process. I know because I am one of the British journalists being pressured to cooperate in the case against him, as someone who used to (briefly) work and live with him, and who went on to blow the whistle on WikiLeaks’ own ethical lapses.

Assange is facing extradition to the United States from the U.K., where he is currently in Belmarsh prison in south London, over charges related to dissemination of material leaked by Chelsea Manning and published by WikiLeaks and a coalition of five newspapers through 2010 and 2011. 

That material exposed details of the conditions and deteriorating mental and physical health of Guantanamo Bay’s detainees. And it revealed the details of hundreds of thousands of deaths in Iraq and Afghanistan, including shedding new light on the deaths of two Reuters journalists via the shocking Collateral Murder video. 

Under Barack Obama, the DOJ decided it could not prosecute Assange without threatening U.S. journalists and their First Amendment protections — given that the 2010 charges relate to the handling and publication of classified documents in conjunction with reporters and organizations including The New York Times and other major outlets. But first under Donald Trump and then Joe Biden, the department has reversed itself.

The first approach to get me to cooperate with the Assange prosecution came via London’s Metropolitan Police in December 2021. On legal advice, I had stayed quiet about these attempts at the time. But now more journalists have told me that police have turned up on their doorsteps, too, in the last month. Those approached are former Guardian investigations editor David Leigh, transparency campaigner Heather Brooke, and the writer Andrew O’Hagan.

The prosecution of Julian Assange is already a threat to the free media, even before his first day in a U.S. courtroom. Law enforcement trying to coerce journalists into aiding that prosecution makes matters even worse. So I’ve decided to speak out. 

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FBI Reopens Assange Investigation

Three years after indicting him on espionage and computer intrusion charges, the Federal Bureau of Investigation appears to be still seeking more evidence against WikiLeaks publisher Julian Assange.  

The Sydney Morning Herald has reported in its Thursday edition that the F.B.I. last week sought an interview in London with Andrew O’Hagan, who worked as a ghostwriter on Assange’s autobiography in 2011.  

The London Metropolitan Police’s counterterrorism command sent the letter to O’Hagan, which said: “The FBI would like to discuss your experiences with Assange/WikiLeaks …”  

O’Hagan told the Herald: “I would not give a witness statement against a fellow journalist being pursued for telling the truth. I would happily go to jail before agreeing in any way to support the American security establishment in this cynical effort.”  

The news comes amid growing optimism among Assange supporters that a deal may be in the works to free Assange from London’s Belmarsh prison, where he has been kept since 2019 awaiting the outcome of a U.S. extradition request.  

Assange’s Australian lawyer, Stephen Kenny, told the Herald:

“It appears they are continuing to try to investigate, which I find unusual given the amount of time that has passed since the investigation began.

I would think it is of some concern because we have been working to try to secure an arrangement that would see Julian come home. It would be very unusual if the FBI was trying to gather evidence that could help clear his name.”

Gabriel Shipton, Assange’s brother, told the newspaper: “It shows they understand how weak the charges against Julian are and are trying to strengthen them.”

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The Espionage Act & the 4th Year of Assange’s Arrest

From its earliest years the United States has found ways to deny the rights of a free press when it was politically expedient to do so.

One of the latest ways was to arrest WikiLeaks publisher Julian Assange four years ago today and to indict him — the first time a publisher and journalist has ever been charged under the 1917 Espionage Act for possessing and publishing state secrets.

Though two U.S. administrations came close to punishing journalists for revealing defense information, they both failed, until Assange.

A major hurdle for the government is overcoming the conflict between the Espionage Act and the First Amendment, which prohibits Congress from passing any law, including the Act, that abridges press freedom.

Until that legal conflict is resolved in court, resulting in parts of the Espionage Act being found unconstitutional, the language of the Act threatening press freedom remains.

Bolstered by 1950 amendments to the Actthe Donald Trump administration crossed a redline to arrest a journalist. A 1961 amendment made it possible to indict a non-U.S. citizen, acting outside U.S. territory.

The Trump administration’s first indictment of a publisher opened an alarming precedent for the future of journalism.

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Democrats call for Garland to drop charges against Assange

A group of Democrats sent a letter to Attorney General Merrick Garland on Tuesday urging him to drop the charges against WikiLeaks founder Julian Assange over his publishing of classified materials.

Assange faces 17 counts under the Espionage Act and one count of conspiracy to commit computer intrusion.

The Democrats pressing Garland on the issue are led by Rep. Rashida Tlaib (Mich. and also include Reps. Jamaal Bowman (N.Y.), Cori Bush (Mo.), Greg Casar (Texas), Alexandria Ocasio-Cortez (N.Y.), Ilhan Omar (Minn.) and Ayanna Pressley (Mass.).

They wrote that Assange’s charges “pose a grave and unprecedented threat” to journalism practices and the First Amendment.

“Press freedom, civil liberty, and human rights groups have been emphatic that the charges against Mr. Assange pose a grave and unprecedented threat to everyday, constitutionally protected journalistic activity, and that a conviction would represent a landmark setback for the First Amendment,” they wrote in the letter.

The group pointed to a joint statement issued by major news organizations from around the world, including The New York Times, The Guardian, El Pais, Le Monde and Der Spiegel, that called on the United States to drop the charges against Assange.

At the time, the media outlets said Assange’s leaks exposed “corruption, diplomatic scandals and spy affairs on an international scale.” 

“This indictment sets a dangerous precedent, and threatens to undermine America’s First Amendment and the freedom of the press,” the outlets said.

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Spanish company provided CIA with information leading to Julian Assange’s arrest

“Be on the lookout tomorrow to see what you can get… and make it work.” Michelle Wallemacq, head of operations of a Spanish company called UC Global, wrote this message on December 20, 2017, to two technicians monitoring security at the Ecuadorian Embassy in London, where Wikileaks founder Julian Assange was living after being granted asylum. She was alerting them to the arrival of Rommy Vallejo, the head of SENAIN, Ecuador’s secret service, who was scheduled to meet the next day with Assange to receive confidential information that could influence the cyberactivist’s future.

Vallejo had hired the services of this small company from Jerez de la Frontera in southwestern Spain to provide security for Ecuador’s diplomatic corps in London but didn’t know that it was planning to record his meeting with Assange. Vallejo was unaware that UC Global had planted hidden microphones throughout the embassy, even in the women’s bathroom. Nor did he know that UC Global’s owner, David Morales, had been sending information about Assange’s meetings with his lawyers to the U.S. Central Intelligence Agency (CIA) soon after he took refuge in the Ecuadorian Embassy.

Ecuador’s president at the time, Lenin Moreno, had ordered his staff to work with Assange’s Spanish lawyers to develop a plan to get Assange out of the embassy, grant him Ecuadorian nationality and provide a diplomatic passport. The plan was set weeks before Vallejo’s meeting and was known to only six people. When UC Global’s cameras recorded the meeting attended by Assange, his lawyer Stella Morris, Ecuadorian consul Fidel Narváez and Vallejo, it learned that the getaway would happen in four days: December 25. Assange would leave in one of the ambassador’s diplomatic cars and travel through the Eurotunnel to Switzerland or another destination in continental Europe.

“It’s very late… Because it’s so big, I put the file in a shared Dropbox [cloud data storage service] folder. Someone with experience in audio can make it more intelligible… The ecu [Vallejo] is quite audible, but the others [Assange and Morris] are very muffled,” wrote one of the technicians a few hours later to David Morales.

Morales dispatched the data in the early morning hours to his “American friends,” and the impact was immediate. The United States quickly sent an arrest warrant for Assange to the United Kingdom, so the escape plan had to be aborted. Two years later, Assange was expelled from the Ecuadorian Embassy. In June 2022, the British government ordered his extradition to the United States. Since then, Assange has been held in a London jail pending an appeal. The United States has charged him with 18 alleged crimes that could lead to a maximum of 175 years in prison.

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In Push To Dismiss Lawsuit, CIA Says Americans Who Visited Assange Had No Privacy Rights

The Central Intelligence Agency and former CIA director Mike Pompeo contend that attorneys and journalists, who visited WikiLeaks founder Julian Assange, had no “legitimate expectation of privacy” when it came to conversations with a “notorious wanted fugitive in a foreign embassy.”

“There is no plausible argument that it would be unreasonable or indiscriminate for the government to surveil Assange, who oversaw WikiLeaks’ publication of large amounts of U.S. national security information,” the CIA and Pompeo additionally contend. “Thus, any alleged surveillance of Assange that incidentally captured his conversations with U.S. citizens such as plaintiffs would not violate the Fourth Amendment [right to privacy] as a matter of law.”

The statements are part of a motion to dismiss [PDF] a lawsuit that was brought by a group of Americans, who allege that they were spied on by the CIA when they met with Assange while he was living under political asylum in the Ecuador embassy.

When one considers that Assange has been held in detention at Belmarsh prison and faces Espionage Act charges for publishing classified documents, the government is essentially arguing that it may spy on any journalist who publishes such documents and “incidentally capture” the communications of anyone communicating with that particular journalist.

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US STILL TRYING TO BURY ‘COLLATERAL MURDER’ VIDEO THAT WIKILEAKS RELEASED

There is no shortage of activists, journalists, academics, and people of conscience who have some story to share about the impact of the “Collateral Murder” video.

The U.S. military footage of an Apache helicopter crew shooting indiscriminately at a dozen Iraqi civilians — including Reuters journalists Namir Noor Eldeen and Saeed Chmagh, and two young children — is widely recognized for exposing the true nature of the United States war in Iraq and for making WikiLeaks and Julian Assange household names.

Three years before WikiLeaks made it possible for the public to watch this video, Dean Yates, Reuters bureau chief in Iraq, learned of its existence. Yates testified about the impact of the video at the Belmarsh Tribunal in Sydney, Australia on March 4, 2023.

Later in the Tribunal, another delegate, Australian lawyer Bernard Collaery, called Yates’ testimony “admissible evidence,” which could serve as witness testimony in defense of Assange. (In fact, a statement from Yates was submitted to a British court during Assange’s extradition trial.)

It has now been nearly 13 years since WikiLeaks published the video, and nearly 16 years since the attack took place. No one responsible for the attack or the invasion of Iraq has faced even a modicum of accountability.

In contrast, Assange is languishing in Belmarsh Prison under torturous conditions. He sits in legal limbo while the United States continues to pursue his extradition under Espionage Act charges, in a case which poses an unprecedented threat to press freedom.

While WikiLeaks’ publication of military documents from Iraq and Afghanistan are at the heart of the case, the “Collateral Murder” video is absent from the 18-count indictment that spans 37 pages.

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The Guardian Could Help Assange By Retracting All The Lies It Published About Him

The Guardian has joined The New York Times, Le Monde, Der Spiegel and El País in signing a letter from the five papers which collaborated with WikiLeaks twelve years ago in the publication of the Chelsea Manning leaks to call for the Biden administration to drop all charges against Julian Assange. This sudden jolt of mainstream support comes as news breaks that Australian Prime Minister Anthony Albanese has been personally pushing the US government to bring the Assange case to a close.

The Guardian’s participation in this letter is particularly noteworthy, given the leading role that publication has played in manufacturing public support for his persecution in the first place.

If The Guardian really wants to help end the persecution of the heroic WikiLeaks founder, the best way to do that would be to retract those many smears, spin jobs and outright lies, and to formally apologize for publishing them.

This is after all the same Guardian which published the transparently ridiculous and completely invalidated 2018 report that Trump lackey Paul Manafort had met secretly with Assange at the Ecuadorian embassy, not once but multiple times.

Not one shred of evidence has ever been produced to substantiate this claim despite the embassy being one of the most heavily surveilled buildings on the planet at the time, and the Robert Mueller investigation, whose expansive scope would obviously have included such meetings, reported absolutely nothing to corroborate it. It was a bogus story which all accused parties have forcefully denied and no serious person believes is true, yet to this day it still sits on The Guardian’s website without retraction of any kind.

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US Officials Concern Troll About World Press Freedoms While Assaulting Them

I will never get used to living in a world where our rulers will openly imprison a journalist for telling the truth and then self-righteously pontificate about the need to stop authoritarian regimes from persecuting journalists.

Just today US State Department spokesman and CIA veteran Ned Price tweeted disapprovingly about the Kyrgyz Republic’s decision to deport investigative journalist Bolot Temirov to Russia, where press freedom groups are concerned that the Russian citizen could face conscription to fight in Ukraine.

“Dismayed by the decision to deport journalist Bolot Temirov from the Kyrgyz Republic,” said Price. “Journalists should never be punished for doing their job. The Kyrgyz Republic has been known for its vibrant civil society — attempts to stifle freedom of expression stain that reputation.”

This would be an entirely reasonable statement for anyone else to make. If you said it or I said it, it would be completely legitimate. But when Ned says it, it is illegitimate.

This is after all the same government that is working to extradite an Australian journalist from the United Kingdom with the goal of imprisoning him for up to 175 years for exposing US war crimes. Price says “Journalists should never be punished for doing their job,” but that is precisely what the government he represents is doing to Julian Assange, who has already spent three and a half years in Belmarsh Prison awaiting US extradition shenanigans. This is in top of the seven years he spent fighting extradition from the Ecuadorian embassy in London under what a UN panel ruled was arbitrary detention.

A UN special rapporteur on torture determined that Assange has been subjected to psychological torture by the allied governments which have conspired to imprison him. Scores of doctors have determined that his persecution is resulting in dangerous medical neglect. Yet he is being pulled toward the notoriously draconian prison systems of the most powerful government in the world, where he will face a rigged trial where a defense of publishing in the public interest will not be permitted.

All to establish a legal precedent that will allow the most powerful empire that has ever existed to extradite journalists from anywhere in the world for exposing inconvenient truths about it. But sure, Ned, “Journalists should never be punished for doing their job.”

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Assange files appeal against US extradition

Julian Assange’s legal team filed an appeal on Friday to stop the WikiLeaks co-founder’s extradition to the US, where he faces espionage charges that carry a prison sentence of up to 175 years.

According to WikiLeaks, Assange’s lawyers filed “perfected grounds of appeal” before the UK High Court of Justice against the US government and UK Home Secretary Priti Patel, who approved the extradition of the Australian-born editor in mid-June.

The appeal argues that “Julian Assange is being prosecuted and punished for his political opinions,” while the US government “misrepresented the core facts” of the case to the UK judiciary. It adds that the request to extradite the WikiLeaks co-founder violates the relevant treaty between the US and the UK, as well as international law.

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