The Hypocrisy of Julian Assange

It is with great concern that I hear about this because it puts Julian and his defence in a bad position. I do not like the idea that Julian may be forced into a trial in the media. And I feel especially concerned that he will be presented with the evidence in his own language for the first...

Samuel Witten is counsel at the law firm Arnold & Porter LLP. He worked at the State Department for 22 years, including six years as Deputy Legal Adviser (2001-2007) and three years as Principal Deputy Assistant Secretary of State for Population, Refugees and Migration (2007-2010). The world’s attention has been riveted on the potential foreign policy implications of the recent...

Ben describes as "puzzling" my claim that his recent post on WikiLeaks reflects American exceptionalism.  I find his puzzlement equally puzzling.  Recall the quote on which I focused: This, in turn, leads ineluctibly to Tom’s reciprocity point: If Congress can make such a demand on Assange, the U.S. would be in a bad position to object if the Congress of People’s Deputies...

Steve testified yesterday about WikiLeaks in front of the House Judiciary Committee.  Here is a snippet of his testimony, which discussed five major flaws in the Espionage Act: Second, the Espionage Act does not focus solely on the initial party who wrongfully discloses national defense information, but applies, in its terms, to anyone who knowingly disseminates, distributes, or even retains national...

The Ninth Circuit this week ruled that there was no federal policy with respect to the Armenian Genocide, thereby allowing insurance claims brought by Armenian nationals under a California statute to go forward. In Movsesian v. Victoria Versicherung AG, the Ninth Circuit distinguished Garamendi, concluding that there was no federal policy against recognizing the Armenian Genocide. Indeed, "[c]onsidering...

Courtesy of Ben Wittes at Lawfare, responding to a question about whether he believes that, if America should be permitted to prosecute a non-American like Assange for disclosing American secrets, countries like France, China, or Iran should be able to prosecute Americans for disclosing their secrets (my emphasis): This, in turn, leads ineluctibly to Tom’s reciprocity point: If Congress can make...

A coalition of 26 of Australia's most prominent journalists -- essentially, the editors of every major newspaper (with the exception of the right-wing The Australian) and the news directors of all the major networks -- have written a remarkable open letter to Julia Gillard criticizing the U.S. (and Australian) government's attacks on WikiLeaks and threats to prosecute Assange.  Here is...

I don't quite mean that, of course.  The total number of "international" law faculty depends on so many different things at any given law school.  What I do mean is to follow on Kevin's post and ask, supposing you are trying to rationally plan out an international law faculty and curriculum, or more practically gradually shape into the future according...

In this week’s Weekly Standard, Christopher Caldwell of the WS and FT has an essay specifically on the political economy of the euro-zone crisis, Euro Trashed: Europe’s Rendezvous with Monetary Destiny.  He notes that the European Union is built on a theory of successive crises, and that the euro was foreseen, perhaps intended, to provoke a crisis that would lead toward greater union; he quotes some of its founding fathers to that end.  (I think he might have added the dialectical ideology that underlay that sentiment, but does not.):
As we contemplate the macroeconomic storm that is now passing through Europe, we must bear in mind that this is a storm that the EU’s promoters knew would come. The euro’s designers understood Rahm Emanuel’s philosophy about not letting a crisis go to waste. “Europe will be forged in crises,” the European Community’s founding father Jean Monnet wrote in his memoirs, “and it will be the sum of the solutions brought to these crises.” When the French statesman Jacques Delors laid out his plan for the euro in the late 1980s, he drew a clear trajectory: A common market had made possible a common currency. A common currency would make possible a common government. But how would that happen? After all, if a currency worked well within the existing political arrangements, there would be no reason for those arrangements ever to change. New institutions could result only from the currency’s blowing up. Economic crisis would be the accidentally-on-purpose pretext for replacing a system based on parliamentary accountability with a system based on the whims of a handful of experts in Brussels. Europe’s countries now face the choice of giving up either their newfangled money or their ancient national sovereignties. It is unclear which they will choose.
Toward the end, the essay points out that although Greece is every bit as corrupt and profligate as the newspapers suggest, that was not the case with Spain, nor with Ireland, certainly not in the sense of Greece.  That is, Spain had quite good fiscal management and undertook measures that were thought quite strict at the time to protect its banks from the subprime crisis in the US, while many other European banks were as much a part of it as the US ones.  True, Spain's economy has many structural problems - a sclerotic labor market for those in the protected sectors and, today, unemployment for everyone else. But the adjustment mechanisms by which democratic market societies overcome interest group recalcitrance - monetize the debt and let devaluation lower wages (behind the veil of money, as we Marxists like to say) - were not available to it, having joined the euro.  Spain was overcome by a one-size fits all monetary policy, which to overcome in a democratic society through internal fiscal and regulatory means alone would require superhuman willpower (and perhaps, in the regulatory arrangement of the EU and eurozone at this moment, could not be achieved in any case, on account of too many arbitrage avenues around internal controls, of the kind designed for the purpose of one-size fits all):

Jack Goldsmith and I don't agree with each other very often, so it's worth noting that we have essentially the same reaction to WikiLeaks.  From Lawfare today: I find myself agreeing with those who think Assange is being unduly vilified.  I certainly do not support or like his disclosure of secrets that harm U.S. national security or foreign...

I hope to have more to say in the next few days about Judge Bates' completely predictable decision to dismiss the ACLU/CCR lawsuit.  I just want to flag here what is the most obvious problem with it.  Judge Bates claims -- clearly trying to insulate himself from criticism -- that Contrary to plaintiff’s assertion, in holding that the political question...