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Re:Assange Indicted Under Espionage Act, Raising First Amend... by zaroth on Thursday May 23, 2019 @06:08PM (#19996517)
I don’t believe the source of the secret files is ever protected in a court of law from prosecution, but the publisher may be.

For example the Pentagon Papers were released by Daniel Ellsberg and published by The NY Times. From Wikipedia;

> For his disclosure of the Pentagon Papers, Ellsberg was initially charged with conspiracy, espionage, and theft of government property, but the charges were later dismissed after prosecutors investigating the Watergate scandal discovered that the staff members in the Nixon White House had ordered the so-called White House Plumbers to engage in unlawful efforts to discredit Ellsberg.

An FBI agent, military enlisted or officer, etc. would rightly face charges for doseminating classified materials. There is no carte blanche to break the law because of something you don’t like that your Administration is doing. Sometimes the offense is so egregious that it’s a sacrifice someone is willing to make. In those cases if the court of public opinion is enough on the side of the leaker, there is always pardons or jury nullification to fall back on.

But I do think that it’s still precipitated by an illegal act (the leaking) which can rightly be prosecuted because generally classified material is classified for a reason and it’s not up to each individual that comes across it to decide if they agree or not.

The publisher also has to be careful that they are not soliciting or assisting the leaker in providing the materials lest they become an accomplice. I assume, although I’m not fully up to speed on the case, that this is the angle for charging Assange.

Re:Assange Indicted Under Espionage Act, Raising First Amend... by foota on Thursday May 23, 2019 @06:28PM (#19996652)
I disagree. We have whistleblower protection for corporate whistleblowers, why not governmental?

Edit: turns out we do, but it has to be actually illegal behavior as opposed to just unethical.

Re:Assange Indicted Under Espionage Act, Raising First Amend... by rplst8 on Thursday May 23, 2019 @06:45PM (#19996771)
Nearly every activity I've seen reported that has been leaked has been, IMHO, illegal in some way. Warrantless wiretapping, war crimes, or violations of international law. The rest have been things that are simply embarrassing, which are by statute, prohibited from being classified in the first place.

Classification has been completely misused in the second half of last century and particularly in the first two decades of this one.

Re:Assange Indicted Under Espionage Act, Raising First Amend... by AndrewKemendo on Friday May 24, 2019 @01:32AM (#19998754)
Being "Illegal" isn't black and white, especially in the case of ACLU vs Clapper, which was about bulk metadata collection through FISA.

Originally dismissed by district courts, then successfully appealed as overreaching the PATRIOT act the dismissal was vacated and remanded back to district courts where it was eventually effectively dismissed during Smith v Obama when the program was sunsetted.

On the topic of war crimes, despite claims that war crimes were committed, no formal trials convicting anyone of war crimes came from either Manning's nor Snowden's revelations, despite investigations thereof [1]. This isn't just a nit-picking point, or handwaving away corruption or cover-up. If people have problems with the process, the same process that has revealed War Crimes, then that's a separate subject.

[1]https://en.wikipedia.org/wiki/July_12,_2007,_Baghdad_airstri...

Re:Assange Indicted Under Espionage Act, Raising First Amend... by zaroth on Thursday May 23, 2019 @08:27PM (#19997371)
Whistleblowing isn’t to the NYT, it’s to the government itself.

Also;

> ...existing legal protections for whistleblowers are limited and generally do not extend to leaks of classified information. [1]

[1] - https://www.brennancenter.org/sites/default/files/analysis/F...

Re:Assange Indicted Under Espionage Act, Raising First Amend... by galaxyLogic on Friday May 24, 2019 @02:27AM (#19998994)
So does this mean it is possible to hide a crime by making it classified, making it illegal for anyone to reveal that such a crime was committed?
Re:Assange Indicted Under Espionage Act, Raising First Amend... by zaroth on Friday May 24, 2019 @08:02PM (#20006291)
As far as I understand it, if the DOJ and the Inspector General are all on board with whatever is being done, then realistically there’s no way to get it in front of a court or the court of public opinion without risking being charged for disclosing classified material all the way up to treason.
Re:Assange Indicted Under Espionage Act, Raising First Amend... by michaelmrose on Friday May 24, 2019 @04:18AM (#19999529)
Basically yes unfortunately.
Re:Assange Indicted Under Espionage Act, Raising First Amend... by sova on Thursday May 23, 2019 @06:38PM (#19996723)
Isn't violating Unreasonable Search and Seizure on a Massive scale illegal?
Re:Assange Indicted Under Espionage Act, Raising First Amend... by caseysoftware on Thursday May 23, 2019 @06:54PM (#19996837)
This is where they use Third Party Doctrine which basically means "if you give information to someone else, not involved then obviously it's not private!"

Which essentially means that law enforcement can collect info from your ISP, cell carrier, grocery store, banks, and anyone else without a warrant because it doesn't qualify as a search.

It's a completely broken mindset but there has been zero effort to reform it from any political party.

Re:Assange Indicted Under Espionage Act, Raising First Amend... by sova on Thursday May 23, 2019 @10:54PM (#19998082)
Yes, that holds water if there is some point where a citizen is selecting to waive their rights to privacy. Interacting with a company as a private citizen does not change the fact one is a private citizen. Without a citizen waiving the right to privacy, such an action would constitute a violation of one's rights. There's effectively no way to "opt out" of clandestine information harvesting and that is by design. Even worse, the intelligence agencies release the tools they created quietly so that they can't get in trouble in court because they're using tools that are "publicly available" lol. give me a break. civil liberties are not being demanded by the people and will likely die as a result.
Re:Assange Indicted Under Espionage Act, Raising First Amend... by rplst8 on Thursday May 23, 2019 @06:47PM (#19996785)
Yes. Government lawyers may try to say otherwise, but the Constitution is very clear on this.
Re:Assange Indicted Under Espionage Act, Raising First Amend... by bb88 on Thursday May 23, 2019 @06:46PM (#19996776)
> I don’t believe the source of the secret files is ever protected in a court of law from prosecution, but the publisher may be.

Technically correct. Ellsberg faced the threat of prosecution for many years after the leak.