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Dismantling Julian Assange
It has to stop, the damaging leaks. It can begin with prosecuting Julian Assange for espionage. Yet, that still doesn't get at the root of the problem, the US Government's ineffective security and protection of sensitive documents.
“WikiLeaks founder could be charged under Espionage Act
By Ellen Nakashima and Jerry Markon
Washington Post Staff Writers
Tuesday, November 30, 2010; 12:13 AMFederal authorities are investigating whether WikiLeaks founder Julian Assange violated criminal laws in the group's release of government documents, including possible charges under the Espionage Act, sources familiar with the inquiry said Monday.”
“The Espionage Act of 1917 was a United States federal law passed on June 15, 1917, shortly after the U.S. entry into World War I, during the First Red Scare.[1]
It prohibited any attempt to interfere with military operations, support America's enemies during wartime, to promote insubordination in the military, or interfere with military recruitment. In 1919, the U.S. Supreme Court unanimously ruled in Schenck v. United States that the act did not violate the free speech rights of those convicted under its provisions.”
Read the Espionage Act here.
http://www.firstworldwar.com/source/espionageact.htm
Excerpt
“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled
Title I - ESPIONAGE Section 1
That:
(a) whoever, for the purpose of obtaining information respecting the national defence with intent or reason to believe that the information to be obtained is to be used to the injury of the United States, or to the advantage of any foreign nation, goes upon, enters, flies over, or otherwise obtains information, concerning any vessel, aircraft, work of defence, navy yard, naval station, submarine base, coaling station, fort, battery, torpedo station, dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph, telephone, wireless, or signal station, building, office, or other place connected with the national defence, owned or constructed, or in progress of construction by the United States or under the control or the United States, or of any of its officers or agents, or within the exclusive jurisdiction of the United States, or any place in which any vessel, aircraft, arms, munitions, or other materials or instruments for use in time of war are being made, prepared, repaired. or stored, under any contract or agreement with the United States, or with any person on behalf of the United States, or otherwise on behalf of the United States, or any prohibited place within the meaning of section six of this title; or
(b) whoever for the purpose aforesaid, and with like intent or reason to believe, copies, takes, makes, or obtains, or attempts, or induces or aids another to copy, take, make, or obtain, any sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, document, writing or note of anything connected with the national defence; or
(c) whoever, for the purpose aforesaid, receives or obtains or agrees or attempts or induces or aids another to receive or obtain from any other person, or from any source whatever, any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note, of anything connected with the national defence, knowing or having reason to believe, at the time he receives or obtains, or agrees or attempts or induces or aids another to receive or obtain it, that it has been or will be obtained, taken, made or disposed of by any person contrary to the provisions of this title; or
(d) whoever, lawfully or unlawfully having possession of, access to, control over, or being entrusted with any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, instrument, appliance, or note relating to the national defence, wilfully communicates or transmits or attempts to communicate or transmit the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it; or
(e) whoever, being entrusted with or having lawful possession or control of any document, writing, code book, signal book, sketch, photograph, photographic negative, blue print, plan, map, model, note, or information, relating to the national defence, through gross negligence permits the same to be removed from its proper place of custody or delivered to anyone in violation of his trust, or to be list, stolen, abstracted, or destroyed, shall be punished by a fine of not more than $10,000, or by imprisonment for not more than two years, or both.”
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YankeeJim
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nanute
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Most RecentMost Recommended Comments (28)
at 07:42 on November 30th, 2010
I hope they DO try him under the espionage act. The damage has been done, of course, and locking the guy up will not undo that. But it may keep others from repeating these actions. That should only be one step, however. Those who actually leaked the information need to be held accountable, and a better job of preventing future leaks must be done. But this guy definately needs to be prosecuted.
at 08:43 on November 30th, 2010
Wikileaks may be embarassing to certain governments,but are not damaging.Investigative journalists did similar jobs,be it Watergate Scandal,Irangate Scandal which involved two presidents.Both scandals put presidents in awkward positions but had no damaging consequences.
During his recent visit to India,Obama said that US would like to see India as permanent member of UNSC in a revamped UN.Hillary Clinton said in a signed cable that India is self-appointed forerunner for a new permanent seat.The other self-appointed forerunners are Brazil,Germany and Japan.What damage has been done either to India or UN?None of the self-appointed forerunner trusts US president or Secretary of State,even if there were no leaks.
In my opinion,Julian assange has done a great, commendable job,and even if he is punished some one else must step in his shoes to carry on crusade against hypocrites,liars and their deceitful conduct in international affairs.
at 08:53 on November 30th, 2010
Comment is recommended for conversation value, not agreement.
WikiLeaks has a political and business agenda that is in conflict with America's national interests. It is exploiting an illegal act of piracy by individual (s) who leaked the information.
It is likely that the leakers will be identified and they will be prosecuted.
It is probable that WikiLeaks will likwise be prosectuted as an accomplice and enabler.
Just add WickiLeaks to the list of entities with which America is at war.
at 08:49 on December 1st, 2010
since it is a matter of piracy, can they be strung up from the yard-arms? It seemed to work pretty well at discouraging piracy in the old days
at 09:39 on November 30th, 2010
Not everything is for public consumption. And Julian Assange demands such privacy protection. He epitomizes hypocrisy and deceitful conduct. He denies businesses and governments their privacy and protections under law, selling a false morality and appealing to human greed to achieve his attack on that privacy. All the while demanding the worlds courts uphold his right to privacy and protections under law.
at 10:37 on November 30th, 2010
Thxs 4 that .30-06,
At some point there should/needs to be a line between either public exposure or personal, corporate, and government privacy requirements.
Those who profess some 'idealistic world' in which governments specific exposure reveals 'the truth', don't understand basic human nature within political, economic, or military power within this world.
These 'type' of people cry when their own rights or privacy is violated, but on the other hand suggest individuals who expose sensitive security matters of international relationships and affairs; that would affect millions of people..
'have done a great, commendable job; and even if they are punished someone else must step in to carry on crusade against_hypocrites, liars, and their deceitful conduct in international affairs.'
Genius ! 1
at 12:26 on November 30th, 2010
Can we try non citizens under the Espionage Act? Would that be the equivalent of trying past administration officials for war crimes in the Hague? Was the purpose of the leaks to embarrass the US? Could be part of the equation. Do we deserve it?
Here's a snippet from a post at The Hunting of the Snark: We are not going to be rich and powerful forever. When we fall the rest of the world will not mourn our passing. They won't talk about how moral we are, how we just want to do good. They won't debate whether or not we deserve to be embarrassed before the world.
We killed people and we walked away scot-free. We don't even have the grace to feel guilty for what we've done. We are indignant when others criticize us or try to harm us. We think that everyone should just forget about it and continue to treat us with respect, admiration and envy.
Actions always have consequences. Sometimes they affect you, sometimes someone else, but actions always have consequences. By The Way
I await the righteous indignation for having the nerve to raise the question.
at 13:39 on November 30th, 2010
Your wait is over nanute..
As your suggested point of view may be too broad in scope. Sort of mixing apples with oranges possibly.
Specific 'war crimes' or 'mass murders' are specific issues address by the international community.
Thats not the same as one person using a website on the internet, who obtains and then releases senstive international government communications, either to expose or 'embarrass' any particular party, person, or nation. Basically disrupting world order, international relations, and innocent lifes in general.
In my opinion, specific 'war crimes' or 'mass murders' is an important but separate issue.
1
at 09:18 on December 1st, 2010
Your response didn't strike me as indignant. Quite the contrary, reasonable and disagreeing in a civil manner. Thanks. I merely raised a few points of why the action may have been taken. I think that Julian Asange and Wikileaks is a distraction from the information that was released. Let's remember that the information was passed on by a US service member whose motivations and intent has not been established. Regardless, if it's treason and punishable under the Espionage Act, start there. (He is in custody, and charges are pending.)
I'll admit I'm somewhat ambivalent about the release of the documents. I'm not sure I'd favor release of information that would put US citizens and allies "at risk." On the other hand, misleading the public to achieve policy initiatives that would not be supported in light of truth is problematic, to say the least. Our past has shown that the government uses the cloak of secrecy in the name of "national security" concerns all to often, when in fact something is being done that may cause more harm to our security interests, or may cause embarrassment in the political arena.
Ironically, some members of Congress and members of the media establishment are now using the very documents that they've labeled as damaging to national security interests, are now using the information for political purposes. Picking an choosing which information is useful, and which is damaging lies in the eyes of the beholder. If the information shows that we've committed violations of law, national or international under the guise of diplomatic cover and "national security" interests still, at the end of the day, are violations of law. "What's good for the goose is good for the gander."
at 15:20 on November 30th, 2010
I agree with The 1 here. War crimes, mass murder, and genocide are all imprtant issues, and your points are valid within that context. However, this is a separate issue all together. Sensitive information was released with the potential to do more than "embarrass" the US government. Some of the documents released by the website were considered to have information that, if released, could put the lives of men and women serving over-seas, from many countries, at a heightened risk of injury or death.
at 19:02 on November 30th, 2010
My question is what wrong Julian Assange has done?Has he voilated privacy laws?In democratic societies,do government have rights to conceal truth from the public,the public which has brought them to power and the governments are accountable to?National interest,as one journalist defined it,is last refuge of present day scoundrels,and urging an empire to attack a country which is accused of obtaining missiles from other countries,developing nuclear bombs,to protect family rule.Is family rule always in national interests?Was war on Iraq,ongoing war in Afghanistan is in national interest?A sane American or European or anyone who belongs to the country which was member of'coalition of the willing' would never agree with that.Weren't these wars waged in national interests?The last refuge of coalition of scoundrels,Bush,Blair,Cheney and Rumsfled.If public comes to know the truth about these wars through Wikileaks,what is wrong?
Obama's assurances or Hillary's signed cable,which is in the national interests of the United States of America.Destruction of nuclear facilities of Iran is in whose national interest?And purchase of missiles and nuclear technalogy is in whose national interest?The absurd logic is:one country should persue its national interest,the other not.It is collision of national interest which promotes wars;in the past when there were no territorial states,no concept of nationhood,wars were fought in whose interest,only history can tell.History which neither we want to read nor are willing to learn from and are condemned to its repetition,in the name of national interes.
Wikileaks are neither going to disrupt international relations,nor expose individuals to physical elemination.Some day in very near future,national governments would be back to daily routine of telling lies,deceiving public,engineering conspiracies to protect national interests.Wililaeks are gainst national interest,Bushilies are in national interest.
at 20:21 on November 30th, 2010
There have always been territorial states in one form or another. Do not tribes have secrets they keep from other tribes? Do families air their dirty laundry in public? Does Macy's tell Walmart their business? Do lovers never lie to each other?
at 22:50 on November 30th, 2010
There were empires,no territorial states.Tribes did not haveconstitutions,elected governments,families secrets are not of conspitorial nature,Wallmart are not answerable to Macy's and vice versa.Lover's lies to each other do not affect others.Don't compare fresh applaes with overipe or rotten ones.
at 23:04 on November 30th, 2010
I am pretty sure tribes held territory and acted aggressively to intruders to it. Following that there isnt really that much difference although you are correct about the constitutions and elected officials.
Lovers lies can affect others and families can conspire too.
at 04:20 on December 1st, 2010
Lets look at this issue a little closer.
Some may say:
'National interest is last refuge of present day scoundrels,and urging an empire to attack a country which is accused of obtaining missiles from other countries,developing nuclear bombs,to protect family rule'.
lol..Maybe we need to better define "national interest," or better put, 'National Security Interest' as;
'The foundation for the development of valid national objectives that define a nations goals or purposes. National security interests include preserving a nations political identity, framework, and institutions; fostering economic well-being; and bolstering international order supporting the vital interests of the a nation and its allies'.
Or specifically for the U.S.A. :
'The foundation for the development of valid national objectives that define US goals or purposes. National security interests include preserving US political identity, framework, and institutions; fostering economic well-being; and bolstering international order supporting the vital interests of the United States and its allies'.
and:
'To use as a tool for analysing foreign policy, particularly by political realists'.
'National interest' can be defined as sort of a foreign policy version of the term ‘public interest’—indicating what is best for the nation in its relations with other states. This use of the term emphasizes not merely the threat to the nation from the international anarchy, but also the external constraints on the freedom of manoeuvre of the state from treaties, the interests and power of other states, and other factors beyond the control of the nation such as geographical location and dependence on foreign trade. This analytical usage of the term places much emphasis on the role of the state as the embodiment of the nation's interest. The realists' use of the term national interest in evaluating foreign policy has focused on national security as the core of national interest. ‘Interest of state’ and ‘national security interest’ are closely allied terms.
Some may suggest that the best interests are, nevertheless, objectively determined by the situation of the state within the international system and can be deduced from a study of history and the success/failure of policies.
Wikileaks and Mr. Assange maybe needs to better understand what International Security and International espionage means in the context or relation to what he is doing and has done; especially after accusing U.S. Sec. Clinton yesterday of acts of espionage.
As of now per this article, U.S. Federal authorities are investigating whether WikiLeaks founder Julian Assange violated criminal laws in the group's release of government documents, including possible charges under the Espionage Act.
Some here state;
There were empires, no territorial states. Tribes did not have constitutions, elected governments, families secrets are not of conspiratorial nature. Walmart are not answerable to Macy's and vice versa. Lover's lies to each other do not affect others.
Statements like these, for whatever value, are not accurate or specifically defined. Nor do I find specific meaning or definition with this issue. These type of comments seem somewhat off the subject and issue being discussed.
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at 08:56 on December 1st, 2010
National interest is an ambigous and empty phrase like international community.Both are creation of empires,the Asian,African and Latin American countries bore the brunt of.What you have reproduced from answer.com,let me finish by quoting the last sentence from the same website"...........(N)ational interest is merely what the politician says the national interest is."Politics is the last refuge of a scoundrel.Was that journalist,whom I quoted in my earlier post, wrong?In my opinion he was not.
at 09:02 on December 1st, 2010
The reason I didn't use that statement is because it's not accurate in describing a modern world, 21st century, global nations 'National Security' objectives, agenda, or ;policy.
Any person including journalist can express nonspecific or undefined view/s. I believe looking for actual specific and defined comments are of greater and a more relevant value.
_____________________________
Of interest:
Center for the National Security Interest (CNSI)
'CNSI Stands on Important National Security Issues'
www.national-security.org/issues.shtml
at 04:22 on December 1st, 2010
Tribes held territory,small kingdoms,too.Repulsed intruders,killed enemies.Some territories were undependent,but part of an empire and paid tributes to the emperors.But obnoxious and pernicious nationalism was unknown to humanbeings.Lovers lies do affect others,and families conspire too,that is correct but is out of context.Lover's lies affect whom?Certainly,the lovers or at the most few members of each one's family.Family conspiracies too affect limited members of family/families.
Bush's lies can not be compared with Clinton's lies about his affair with Monica Lewinsky.Bank robbers conspiracy can not be compared with Irangate conspiracy.
at 08:26 on December 1st, 2010
Apart from the fact that, respectfully, you seem to be missing the main issue here, which is that clearly at least part of the information leaked threatened national security and not only in the USA, but many other nations at well; but I must also point out that nationalism, in one form or another, is not new. It may only have been given that name in recent centuries, and really come into its own in the late nineteenth and early twentieth centuries. But to deny that tribal warefare had any sense of superiority, that is in essence a microcosm of nationalism, would be naive.
The tribe in what is now Italy, that dominated the world, the Romans, definately had a sense of Nationalism. It was known in ancient Greece, just look at the culture in Sparta, or under Alexander the great. Egypt, Sumeria, Mesopotamia, Persia, they all started out as small tribes, which through one way or another combined into nations, which build empires by the subjugation of other tribes and nations.
More recently, look at the Natives in North America. The Huron, and the Iroqois, old enemies, locked in war over territory and control prior tot he landing of Europeans. It was as much a war of Nationalism as the dissolution of Yugoslavia into warring "Nationalist" factions. Nationalism is, in essence, an integral part of human societies. It goes back to those tribes, fighting over resources, and feeling superior to those they defeat.
However, again I say, that is somewhat off topic. The issue is not justifying US nationalism. The issue with Wikileaks is that it is putting forth sensitive information that, realistically, needs to be kept confidential at this time. Classified documents do not stay classified forever, once the risk to a nations' security is passed. But recent tactically valuable information is not something that should be public knowledge. Particularly in times of war, and this is a time of war. The enemy is not a single nation. There is no single national, religious, or cultural uniformity; terrorists come in all shapes, colours, and creeds. Wikileaks has given them access to information that should not have been made available.
at 07:23 on December 1st, 2010
I think the point GreenSpirit raised was germane. Like as our personal relationships so do we have international relationships. And we don't need the likes of Assange sticking his finger in disrupting those relationships that take years to reach workable harmony. Certainly not for the reasons that Assange suggests. The moral right to the truth of these relationships. Mature peoples in every nation realize their governments are playing a hand that often needs to be played close to the vest. Even when it comes to domestic governing there are instances when the people don't have a need to know. Especially when that would infringe negatively on national security and international business relationships.
at 09:05 on December 1st, 2010
@ Piobar.
Wikileaks have unearthed bitter truth that our governments lie,deceive and conspire.Governments have to do a lot of explaining and in order to do that more lies will be spoken to come out of embrassing position,there is no security threat to any country from any country.Only Julian assange's life is in danger.
at 09:40 on December 1st, 2010
I agree that government's lie. They always have, and that has never been a secret. They likely always will. The initial documents leaked, however, had far reaching consequences, as they dealt with events in a current war-zone, with soldiers from many countries on the ground, hoping to establish some sense of stability, so that aid and reconstruction work can begin. The documents that are simply embarrassing, I admit, are less of a security threat, but the threat is there none-the-less, as it will assist in driving a wedge between various nations. To a terrorist, driving apart the nations allied against you is a step in the right direction. Unified force is difficult to deal with, when you have fewer resources available. Taking on one group at a time is more suitable, it is typical asymmetric warfare tactics. Julian Assange's life is not in danger, his freedom perhaps, and his current way of life. But that is a result of his own actions, actions in direct conflict with various laws, and the security needs of several nations, as it is not only the US that is effected by the release of these documents. Your points are well founded, but the scope and perspective are where the conflict is.
at 10:26 on December 1st, 2010
@PioBar
When soldiers are on ground,enegaged in a prolonged war their lives are always in danger.Wikileaks or no Wikileaks.Who decides what is in the interest of a nation?Of course,handful of people who roost the rule.I am from India and in my opinion the kind of money our government spends on defence procurement and manufacture is not in our interests.Our government has failed to provide safe drinking water to majority of people,living either in Urban areas or rural areas.We have bombs and longe range missiles,more billioires than Japan and at the same time 400 million illitertae population.Which yardstick we have to measure national interests and in what context.Bombs or one hundred percent literacy rate?Missiles or education for every child?Nuclear deal with US empire or safe drinking water for each one of us?
at 12:45 on December 1st, 2010
Mr. Assange and any of those who find this acceptable are overdue for a reality check. Their about to get a wake-up call from the international community.
Specific international negotiations and relationships aren't always best played out on a public stage.
Discretion and diplomacy wouldn't last long with people like Mr. Assange around.
Sort of like playing a game of poker_except everyone showing their hands before betting.
1
at 13:20 on December 1st, 2010
If you are interested in what Julian Assange thinks, I suggest you take a look at this: this mindblowing essay
I would also suggest you take a look at Glenn Greenwald's piece on the matter for a far more in depth perspective than I can provide: Greenwald's commentary
You may disagree with both, but I think it is worthwhile to look at this from more than one point of view.
at 21:38 on December 1st, 2010
Thanks for the links nanute. This issue is more complex than maybe hate or cultural bias issues some are apparently suggesting. The bottom line for Mr. Assange is whether international diplomacy is more important than what Mr. Assange professes or believes.
I'm sure Mr. Assange carries a great deal of stature and power in international community. That people of position and power within the worlds governments wait impatiently for his every word and thought. That this important and powerful individual currently hiding in his basement somewhere on a computer, should have the power of all mankind to disrupt and specifically involve the world community in what he personally thinks and believes. Or how he believes mankind should think and interact on matters of national and international importance and security.
1
at 02:48 on December 2nd, 2010
No cultural bias or hate issue anyone has suggested,nor are those subject matter.The whole bombastic non-sense is about national interest and national security which have been put in jeopaedy by Wikileaks.If lies and deceptions are two pillars on which stands the structure of international diplomacy,then let such structure collapse without a murmur.National interests are selfinterests of the ruling elite and whom they serve.Indoctrination of Osama was in national interest(as if US has reservoir of interests in the caspian sea or Unocal represented national interests),arming and funding was in national interests,hunt for same representatives of US interests in the region is national interest.
at 07:40 on December 2nd, 2010
I guess the first rule we were all warned when the internet came to be is "Don't put anything on the email airwaves, you wouldn't say in person".