The Espionage Act and WikiLeaks
Image via WikipediaWhen WikiLeaks founder Julian Assange released his latest document trove—more than 250,000 secret State Department cables—he intentionally harmed the U.S. government. The release of these documents damages our national interests and puts innocent lives at risk. He should be vigorously prosecuted for espionage.There is more.
The law Mr. Assange continues to violate is the Espionage Act of 1917. That law makes it a felony for an unauthorized person to possess or transmit "information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation."
The Espionage Act also makes it a felony to fail to return such materials to the U.S. government. Importantly, the courts have held that "information relating to the national defense" applies to both classified and unclassified material. Each violation is punishable by up to 10 years in prison.
No doubt aware of this law, and despite firm warnings, Mr. Assange went ahead and released the cables on Nov. 28.
In a letter sent to Mr. Assange and his lawyer on Nov. 27, State Department Legal Adviser Harold Hongju Koh warned in strong terms that the documents had been obtained "in violation of U.S. law and without regard for the grave consequences of this action."
Mr. Koh's letter said that publication of the documents in Mr. Assange's possession would, at minimum:
• "Place at risk the lives of countless innocent individuals—from journalists to human rights activists and bloggers to soldiers to individuals providing information to further peace and security;
• "Place at risk on-going military operations, including operations to stop terrorists, traffickers in human beings and illicit arms, violent criminal enterprises and other actors that threaten global security; and,
• "Place at risk on-going cooperation between countries—partners, allies and common stakeholders—to confront common challenges from terrorism to pandemic diseases to nuclear proliferation that threaten global stability."
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It is hard to understand what the Attorney General is waiting for. The facts seem to be undisputed, and the law seems pretty clear. He needs to explain why charges have not been brought.
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