Baruch Weiss, a former federal prosecutor and a partner at Arnold & Porter who was involved in the AIPAC defense, explains why in an editorial today in The Washington Post. I was particularly interested in his discussion of why he believes it would be difficult to prove that Assange knew the disclosures would harm national security: Here, Assange can make the...
The following is a guest post by Anna Dolidze, a JSD candidate at Cornell Law School. In 2007-08, Dolidze was an Albert Podell Global Scholar at Risk at New York University Law School and a Visiting Fellow at Columbia University's Harriman Institute. She has worked for a number of international organizations, including for Save the Children, Russian...
The Library of Congress is preventing its employees or visitors using its wireless network from accessing WikiLeaks. It released the following explanation: The Library decided to block Wikileaks because applicable law obligates federal agencies to protect classified information. Unauthorized disclosures of classified documents do not alter the documents' classified status or automatically result in declassification...
As one of WikiLeaks' defenders, I feel obligated to respond to Roger's post. I have two major disagreements with it. First, I think it significantly overstates the harm caused by WikiLeaks, although it would be equally erroneous to claim that WikiLeaks has caused no harm whatsoever. Second -- and perhaps more important -- it completely ignores the the benefits of...
One of the underlying issues in the Wikileaks controversy is whether Julian Assange is truly that harmful. His defenders, and even some of his critics, maintain that Assange is not that dangerous. I disagree. Diplomacy. Diplomacy will be immeasurably more difficult if what government officials say in secret to one another can never be trusted to remain secret. ...
So Business Week reports, noting that Nigeria intends to file a request for a Red Notice with Interpol: Nigeria will file charges against former U.S. Vice President Dick Cheney and officials from five foreign companies including Halliburton Co. over a $180 million bribery scandal, a prosecutor at the anti-graft agency said. Indictments will be lodged in a Nigerian court...
The following is a guest-post by Steve Vladeck, Professor of Law at American University. Our thanks to him for contributing it. The Espionage Act, the Documents/Information Distinction, and the Press I’ve been following (with great interest) the exchange between Roger, Kevin, and those who have commented on their posts concerning Julian Assange, the Espionage Act, and the broader question of...
I had a colleague ask an interesting question, "If Julian Assange is indicted and detained in London, would the U.S.-U.K. extradition treaty authorize extradition to the United States?" There's not an easy answer. The U.S.-U.K. Extradition Treaty requires "double-criminality"--the offense must be punishable in both States. Not surprisingly, the United Kingdom imposes criminal penalties for disclosing state...
That's the excellent question asked by Ian, one of the commenters on Roger's recent post. The New York Times, Der Spiegel, The Guardian, Le Monde, and El Pais -- all are just as guilty of violating the Espionage Act as WikiLeaks. There is no "we redacted some of the documents" defense in the Act, and prosecuting a news organization after...
Harold Koh has warned Wikileaks of the dire consequences to the United States resulting from the publication of over 250,000 classified documents. But I doubt that Julian Assange and Wikileaks cares much about the damage done to our nation from this breach. What they presumably do care about is criminal prosecution. As Marc Thiessen at the Washington...
So thinks James P. Rubin in an Op-Ed in today's NY Times. His argument comes in two parts. First, a minority of the Senate plays an obstructionist role, which means that the United States simply doesn't join important treaties: For much of the world, treaty ratification is a simple matter. In parliamentary systems like those in Britain and France, ratification is virtually automatic,...
This is how real conservatives roll -- not the faux American kind, who believe that waterboarding is wrong only when someone else is doing it: It is not yet clear whether George W Bush is planning to cross the Atlantic to flog us his memoirs, but if I were his PR people I would urge caution. As ...
