The Obama administration had debated charging Assange under the Espionage Act but decided against it out of fear that it would have a negative effect on investigative journalism and could be unconstitutional. The new charges relate to obtaining and publishing the secret documents. Most of these charges relate to obtaining the secret documents. The three charges related to publication concern documents which revealed the names of sources in dangerous places putting them "at a grave and imminent risk" of harm or detention.
The New York Times commented that it and other news organisations obtained the same documents as WikiLeaks, also without government authorisation. It also said it is not clear how WikiLeaks' publications are legally different from other publications of classified information.
[45][46]
Most cases brought under the Espionage Act have been against government employees who accessed sensitive information and leaked it to journalists and others.
[47] Prosecuting people for acts related to receiving and publishing information has not previously been tested in court.
[45] In 1975, the Justice Department decided after consideration not to charge journalist
Seymour Hersh for reporting on US surveillance of the Soviet Union.
[47] Two lobbyists for a pro-Israel group were charged in 2005 with receiving and sharing classified information about American policy toward Iran. The charges however did not relate to the publication of the documents and the case was dropped by the Justice Department in 2009 prior to judgement.
[45][47]
Assistant Attorney General
John Demers said "Julian Assange is no journalist".
[48] The US allegation that Assange's publication of these secrets was illegal was deemed controversial by Australia's
Seven News as well as CNN.
[46][49] The
Cato Institute also questioned the US government's position which attempts to position Assange as not a journalist.
[50] The
Associated Press said Assange's indictment presented media freedom issues, as Assange's solicitation and publication of classified information is something journalists routinely do.
[51]
Stephen Vladeck, a professor at the University of Texas School of Law, stated that what Assange is accused of doing is factually different from, but legally similar to what professional journalists do.
[52] Vladeck also said the Espionage Act charges could provide Assange with an argument against extradition under the US-UK treaty, as there is an exemption in the treaty for political offences.
[46] Forbes magazine stated that the US government created an outcry among journalists in its indictment of Assange as the US sought to debate whether Assange was a journalist or not.
[53] Suzanne Nossel of
PEN America said it was immaterial whether Assange was a journalist or publisher and pointed instead to First Amendment concerns.
[54]
www.the-sun.com
www.theguardian.com
