Assange's Actions: Lawful Or Legal Limbo?

Julian Assange, the founder of WikiLeaks, has been at the centre of a decade-long legal saga, facing charges and investigations in multiple countries. In 2019, Assange was arrested in London and charged with conspiring to break into US Defence Department computers and obtain classified information. This case has sparked debate about the freedom of the press and the rights of journalists.

Assange's legal troubles began in 2010 when WikiLeaks published classified US military and diplomatic documents leaked by US Army intelligence analyst Chelsea Manning. Since then, Assange has faced possible criminal prosecution in several countries, including Sweden, the UK, and the US.

In Sweden, Assange was accused of sexual offences against two women, but the investigation was dropped in 2017 due to a lack of evidence. In the UK, Assange was charged with skipping bail and breaching the Bail Act when he sought asylum in the Ecuadorian embassy in London. He was found guilty and sentenced to 50 weeks in prison.

The most significant legal jeopardy for Assange is in the US, where he faces charges of computer intrusion and violating the Espionage Act. Legal experts argue that this case has serious First Amendment implications and could set a precedent for press freedom. Assange's supporters claim that he is being persecuted for his journalistic work and that his extradition to the US would not result in a fair trial.

The extradition proceedings have been lengthy and contentious, with Assange arguing that his human rights would be violated if he were extradited. In 2024, a plea deal was reached, and Assange was released and allowed to return to Australia.

Did Assange violate the Espionage Act of 1917?

The Espionage Act of 1917 makes it a crime to harm the United States or benefit a foreign country by collecting or communicating information that would harm national defence. It is also a crime to enter an installation or obtain a document connected to national defence to harm the US or benefit a foreign country. Knowingly receiving and passing on classified information is also prohibited.

Julian Assange, the founder of WikiLeaks, was charged under the Espionage Act of 1917 for conspiring with former Army intelligence analyst Chelsea Manning to try to break the password of a government computer and gain access to its secrets. He was also charged with soliciting and publishing classified information.

The case against Assange was the first time the Espionage Act of 1917 was used to target a media organisation. The US government had never previously prosecuted a media organisation for publishing or disseminating unlawfully disclosed classified information.

In June 2024, Assange pleaded guilty to a charge under the Espionage Act of 1917 of conspiring to obtain and disclose national defence information. He was sentenced to 62 months, the time he had already served in British prison while awaiting extradition.

Did Assange conspire with Chelsea Manning to break the law?

Julian Assange, the founder of WikiLeaks, pleaded guilty to conspiring with Chelsea Manning to unlawfully obtain and disclose classified documents relating to US national defense.

Manning, a former US Army intelligence analyst, was convicted by court-martial in July 2013 of violations of the Espionage Act and other offenses, after disclosing nearly 750,000 classified or sensitive military and diplomatic documents to WikiLeaks.

Between January and May 2010, as part of the conspiracy with Assange, Manning used US government computer systems to download hundreds of thousands of documents, many of them classified and relating to national defense. Manning downloaded four nearly complete US government databases, including Afghanistan and Iraq war-related significant activity reports, Joint Task Force Guantanamo detainee assessment briefs, and US State Department cables.

Manning electronically sent the downloaded documents to Assange to be publicly posted on the WikiLeaks website. During this period, Manning and Assange communicated regularly via online platforms about Manning's progress and what classified information Assange wanted.

As a result of their conspiracy, Assange publicly disclosed via WikiLeaks hundreds of thousands of documents obtained from Manning, including Afghanistan and Iraq war-related reports, Guantanamo detainee assessment briefs, and US State Department cables.

Assange's decision to reveal the names of human sources placed individuals who had assisted the US government at risk of harm and arbitrary detention. By publicly releasing these documents without redacting the names, Assange subjected these individuals to serious danger.

Assange pleaded guilty to his role in the conspiracy to violate the Espionage Act and received a 62-month time-served sentence, reflecting the time he served in UK prison while contesting extradition to the US.

Did Assange violate the First Amendment?

The question of whether Julian Assange violated the First Amendment has been the subject of much debate. Assange, the founder of WikiLeaks, was arrested in London in April 2019 on charges of hacking conspiracy. He was accused of helping Chelsea Manning, a former U.S. Army intelligence analyst, hack into a government computer to obtain classified documents while concealing her identity.

Some First Amendment advocates raised concerns that the indictment described Assange's interactions with Manning in a way that resembled the actions of investigative journalists when cultivating relationships with government sources. However, others countered that the inclusion of such details was simply part of the government's effort to build a conspiracy charge.

The debate centres on whether Assange should be considered a journalist and therefore protected by the First Amendment. WikiLeaks published thousands of classified U.S. government documents and subsequently used them in articles by major news organisations. However, WikiLeaks has also been accused of obtaining documents from hostile foreign governments and publishing them without verification or context.

While the U.S. government has never successfully prosecuted someone for publishing truthful information on a matter of public concern, Assange was charged with violating the Espionage Act for disclosing stolen information. This charge has raised concerns among legal scholars about the First Amendment protections for journalists and publishers of classified information.

The Trump administration argued that the First Amendment does not provide free speech protection to foreign nationals like Assange. However, critics countered that the First Amendment is a limitation on the government's ability to restrict rights that all persons are assumed to have, regardless of citizenship. The outcome of Assange's case could have significant implications for journalistic freedom and the line between journalistic endeavours and illegal obtainment of classified information.

Did Assange commit sexual assault?

In 2010, Julian Assange was accused of rape and sexual assault by two women in Sweden. The allegations, which Assange has always denied, were explosive and made headlines across the world.

The first woman, Swedish human rights activist Anna Ardin, accused Assange of sexual assault. She alleged that Assange pressured her into having sex and stressed that he must use a condom, but the condom broke and he continued. Ardin says he deliberately broke the condom, which, if true, would likely have been considered a sexual offence under Swedish law.

The second woman, known as "Miss W" in legal papers, accused Assange of rape. She alleged that she awoke to find Assange having sex with her without a condom, despite the fact that he had agreed to wear one the night before.

Both women filed police reports, and an international arrest warrant was issued for Assange. He was arrested in London in December 2010 and fought extradition to Sweden, arguing that he feared he would ultimately be extradited to the United States. In 2012, he sought asylum in the Ecuadorian embassy in London, where he remained for seven years.

In 2015, Swedish prosecutors dropped the investigation into Ardin's allegations due to the statute of limitations. In 2019, prosecutors also abandoned their investigation into Miss W's claims, stating that the evidence had "weakened considerably due to the long period of time since the events in question".

Assange was eventually freed in 2024 after agreeing to plead guilty to a single charge under the US Espionage Act. While he avoided conviction for sexual assault, he spent five years in a British prison fighting extradition to the US, where he faced prosecution over leaks of confidential information.

Did Assange break bail conditions?

Julian Assange, the founder of WikiLeaks, was convicted of breaking bail terms and sentenced to 50 weeks in prison. Assange was granted bail in December 2010 after he surrendered to police in London. He was then granted asylum by Ecuador in August 2012 on the grounds of political persecution and fears of extradition to the United States.

In June 2012, Assange breached his bail conditions and took refuge in the Ecuadorian embassy in London. He was arrested in April 2019 for breaching his bail conditions in 2012.

Assange's supporters were ordered to forfeit £93,500 in bail money after he sought asylum in the Ecuadorian embassy. The chief magistrate, Howard Riddle, accepted that the sureties "acted in good faith" but said that the system of sureties for defendants on bail would be undermined if the cash was not forfeited.

Assange's colleagues at WikiLeaks, Joseph Farrell and Sarah Harrison, were ordered to pay £3,500 each after originally pledging a combined £10,000. Other sureties included Sir John Sulston, a Nobel Prize-winning biologist, who was ordered to pay £15,000 of the £20,000 he pledged, and Caroline Michel, Assange's literary agent, who was ordered to pay £15,000 of the £20,000 she had promised.

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