Reply #13: Getting to Assange through Manning

[Jefferson23]

Glenn Greenwald

(updated below)

In The New York Times this morning, Charlie Savage describes the latest thinking from the DOJ about how to criminally prosecute WikiLeaks and Julian Assange. Federal investigators are "are looking for evidence of any collusion" between WikiLeaks and Bradley Manning -- "trying to find out whether Mr. Assange encouraged or even helped" the Army Private leak the documents -- and then "charge him as a conspirator in the leak, not just as a passive recipient of the documents who then published them." To achieve this, it is particularly important to "persuade Private Manning to testify against Mr. Assange." I want to make two points about this.

First, the Obama administration faces what it perceives to be a serious dilemma: it is -- as Savage writes -- "under intense pressure to make an example of as a deterrent to further mass leaking," but nothing Assange or WikiLeaks has done actually violates the law. Moreover, as these Columbia Journalism School professors explain in opposing prosecutions, it is impossible to invent theories to indict them without simultaneously criminalizing much of investigative journalism. Thus, claiming that WikiLeaks does not merely receive and publish classified information, but rather actively seeks it and helps the leakers, is the DOJ's attempt to distinguish it from "traditional" journalism. As Savage writes, this theory would mean "the government would not have to confront awkward questions about why it is not also prosecuting traditional news organizations or investigative journalists who also disclose information the government says should be kept secret — including The New York Times."

But this distinction is totally illusory. Very rarely do investigative journalists merely act as passive recipients of classified information; secret government programs aren't typically reported because leaks just suddenly show up one day in the email box of a passive reporter. Journalists virtually always take affirmative steps to encourage its dissemination. They try to cajole leakers to turn over documents to verify their claims and consent to their publication. They call other sources to obtain confirmation and elaboration in the form of further leaks and documents. Jim Risen and Eric Lichtblau described how they granted anonymity to "nearly a dozen current and former officials" to induce them to reveal information about Bush's NSA eavesdropping program. Dana Priest contacted numerous "U.S. and foreign officials" to reveal the details of the CIA's "black site" program. Both stories won Pulitzer Prizes and entailed numerous, active steps to cajole sources to reveal classified information for publication.

http://www.salon.com/news/opinion/glenn_greenwald/2010/12/16/wikileaks/index.html