Espionage Act ‘makes felons of us all,’ legal expert warns

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Monday, December 13, 2010 12:36 EST
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The US Espionage Act could make “felons of us all,” a legal expert warned Monday as the House Judiciary Committee announced plans to reexamine the “constitutional issues raised by WikiLeaks.”

Attorneys for WikiLeaks founder Julian Assange have warned that US authorities are seeking to charge him with spying charges under the Espionage Act of 1917 for his role in helping the media publish leaked US State Department diplomatic cables.

Under the Act, anyone “having unauthorized possession of” information relating to the national defense or information that could be “used to the injury of the United States or to the advantage of any foreign nation” may be prosecuted if he or she publishes it or “willfully retains” it.

Although many suspect that the Espionage Act could be used against Assange and WikiLeaks, some legal experts question if the century old legislation should, or even could, be used.

“By its terms, it criminalizes not merely the disclosure of national defense information by organizations such as Wikileaks, but also the reporting on that information by countless news organizations,” Benjamin Wittes, a senior fellow in Governance Studies at The Brookings Institution, wrote on his blog. “It also criminalizes all casual discussions of such disclosures by persons not authorized to receive them to other persons not authorized to receive them–in other words, all tweets sending around those countless news stories, all blogging on them, and all dinner party conversations about their contents.”

“Taken at its word, the Espionage Act makes felons of us all,” he added.

Wittes notes that the legislation probably does not “cover the overwhelming bulk of the material that Wikileaks disclosed.”

The leaked US diplomatic cables may cause embarrassment for officials in the US and around the world, but the majority of them do not contain information directly “relating to the national defense,” he added.

“The universe of viable cases under the Espionage Act seems to me far narrower than those clamoring for a Wikileaks prosecution probably imagine,” Wittes wrote.

After London Metropolitan police arrested Assange last week for a warrant out of Sweden, where he is wanted for questioning in a sexual assault case, Sen. Dianne Feinstein (D-CA) wrote an article in the Wall Street Journal claiming he should be prosecuted under the Espionage Act because he “intentionally harmed the US government.”

“Mr. Assange claims to be a journalist and would no doubt rely on the First Amendment to defend his actions,” Sen. Feinstein wrote. “But he is no journalist: He is an agitator intent on damaging our government, whose policies he happens to disagree with, regardless of who gets hurt.”

State Dept. Assistant Secretary Philip Rowley echoed Sen. Feinstein’s remarks, saying that the United States does not consider Assange to be a “journalist” or “whistleblower.”

“Mr. Assange obviously has a particular political objective behind his activities, and I think that, among other things, disqualifies him as being considered a journalist,” Crowley said.

Attorney General Eric Holder said the Department of Justice is also investigating criminal charges against Assange.

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  • http://topsy.com/www.rawstory.com/rs/2010/12/legal-expert-espionage-act-makes-felons-all/?utm_source=pingback&utm_campaign=L2 Tweets that mention Legal expert warns Espionage Act ‘makes felons of us all’: The US Espionage Act could make “felons of us all,” a… — Topsy.com

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  • http://twitter.com/Bill_Owen William Owen

    Anyone wishing to comment on this story is ordered to contact your local Homeland security or Fusion center to obtain their “Permission to comment on the internet form”. Fee is $6.95 for processing and your comment will be approved in 4-6 weeks.

  • http://twitter.com/Bill_Owen William Owen

    Anyone wishing to comment on this story is ordered to contact your local Homeland security or Fusion center to obtain their “Permission to comment on the internet form”. Fee is $6.95 for processing and your comment will be approved in 4-6 weeks.

  • http://twitter.com/Bill_Owen William Owen

    Anyone wishing to comment on this story is ordered to contact your local Homeland security or Fusion center to obtain their “Permission to comment on the internet form”. Fee is $6.95 for processing and your comment will be approved in 4-6 weeks.

  • http://pulse.yahoo.com/_CHGDA5N2GPCFSNBGQQD3SPAAUY Boba Fett

    If having a political agenda disqualifies someone as a journalist, then no journalists at all work for Fox news, and maybe not for any alleged news agency.

  • http://profiles.yahoo.com/u/M3E4DQXYHISA5I6UB4SR2PDXWY stat is fact…

    Julian Assange maybe trying to save Americans from waste in policy. Why not ask him?

    The main federal qui tam law the Federal Civil False Claims Act dates back to 1863. President Abraham Lincoln sought to enlist private citizens and their attorneys in the struggle against military contractors who sold rancid beef, broken rifles, lame horses, unseaworthy ships and other defective products.

    http://gcn.com/articles/2006/04/18/qui-tam-law-the-whistleblowers-sword.aspx

  • http://profiles.yahoo.com/u/M3E4DQXYHISA5I6UB4SR2PDXWY stat is fact…

    Julian Assange maybe trying to save Americans from waste in policy. Why not ask him?

    The main federal qui tam law the Federal Civil False Claims Act dates back to 1863. President Abraham Lincoln sought to enlist private citizens and their attorneys in the struggle against military contractors who sold rancid beef, broken rifles, lame horses, unseaworthy ships and other defective products.

    http://gcn.com/articles/2006/04/18/qui-tam-law-the-whistleblowers-sword.aspx

  • http://twitter.com/OratioDirecta Oratio Directa

    The Pentagon Papers case over-ruled the Espionage Act of 1917:
    http://en.wikipedia.org/wiki/New_York_Times_Co._v._United_States

    The actual act states: “relating to the national defense, or 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”

    How do any of these cross the barrier from embarrassing to compromising national defense?

  • Anonymous

    I think I’ll continue to comment without government permission, thank you very much. It’ll be a very cold day in Hell before I ask permission from the government to make political or other kinds of comments, anywhere. Even if granted, their permission is meaningless.

    As for the fevered minds in the State, Homeland Security, Justice and other departments of the government — especially in the War Department — they can all go screw themselves (or each other). For far too long, they’ve operated under the mistaken notion that we, the people, serve THEIR interests, rather than the other way around, just as the Wall Street barons have long operated on the assumption that us ‘plebes’ work/function/pay to serve THEIR acquisition of wealth.

    I call BullShit on their assumptions and operating ethos! Feinstein is simply a fascist tool, (and a rather dull one, at that) as are far too many of those working in government, at all levels.

  • Anonymous

    Diane Feinstein claims to be a Senator, but in fact she is an agitator intent on disrupting our system of informed democracy, because she hates the truth, regardless of who gets hurt or how much damage she does to the accountability of our government to its people.

  • http://www.lawadvice.ws/espionage-act-makes-felons-of-us-all-legal-expert-warns-raw-story/ Espionage Act ‘makes felons of us all,’ legal expert warns – Raw Story | Law Advice

    [...] Espionage Act 'makes felons of us all,' legal expert warnsRaw StoryThe US Espionage Act could make "felons of us all," a legal expert warned Monday as the House Judiciary Committee announced plans to …Sweeping Anti-Spying Law 'Makes Felons of Us All,' Legal Expert SaysABC NewsThe Legal Case against WikiLeaksCouncil on Foreign RelationsJudiciary panel to take up Espionage Act, legal options against WikiLeaksThe Hill (blog)Computerworld (blog) -The Local.se -Daily Mailall 2,206 news articles » [...]

  • http://www.facebook.com/profile.php?id=530821179 Risa Bear

    “Having unauthorized possession of” a suppressed video of children and Reuters reporters being indiscriminately slaughtered would make me a felon? Hmm. Warped minds at work. If a foreigner wants to show where that kind of authoritarianism is going, he’s a hero in my book. After all, aren’t we supposed to think highly of Jason Bourne?

  • http://www.facebook.com/profile.php?id=530821179 Risa Bear

    “Having unauthorized possession of” a suppressed video of children and Reuters reporters being indiscriminately slaughtered would make me a felon? Hmm. Warped minds at work. If a foreigner wants to show where that kind of authoritarianism is going, he’s a hero in my book. After all, aren’t we supposed to think highly of Jason Bourne?

  • http://www.facebook.com/profile.php?id=530821179 Risa Bear

    “Having unauthorized possession of” a suppressed video of children and Reuters reporters being indiscriminately slaughtered would make me a felon? Hmm. Warped minds at work. If a foreigner wants to show where that kind of authoritarianism is going, he’s a hero in my book. After all, aren’t we supposed to think highly of Jason Bourne?

  • http://pulse.yahoo.com/_4X5XIMECXSLI6PS7JAWXXAAY64 Joe

    We’re considered guilty until proven innocent and all have a free ride to Gitmo, so the ‘makes felons of us all,’ is a little tired.

  • http://pulse.yahoo.com/_4X5XIMECXSLI6PS7JAWXXAAY64 Joe

    We’re considered guilty until proven innocent and all have a free ride to Gitmo, so the ‘makes felons of us all,’ is a little tired.

  • http://pulse.yahoo.com/_4X5XIMECXSLI6PS7JAWXXAAY64 Joe

    We’re considered guilty until proven innocent and all have a free ride to Gitmo, so the ‘makes felons of us all,’ is a little tired.

  • http://www.facebook.com/mdetrano Marc DeTrano

    A political objective of facilitating the release of information…disqualifies someone from being a journalist? Here I am in bizarro world again.

  • http://www.facebook.com/mdetrano Marc DeTrano

    A political objective of facilitating the release of information…disqualifies someone from being a journalist? Here I am in bizarro world again.

  • http://www.facebook.com/mdetrano Marc DeTrano

    A political objective of facilitating the release of information…disqualifies someone from being a journalist? Here I am in bizarro world again.

  • http://www.oldthinkernews.com/?p=585 Espionage Act ‘makes felons of us all,’ legal expert warns | Old-Thinker News

    [...] By Eric W. Dolan Raw Story [...]

  • Anonymous

    Another Wilson legacy along with the Federal Reserve. He will eventually rank right down there with the shrub. Too bad that stroke didn’t happen sooner…..

  • Anonymous

    Another Wilson legacy along with the Federal Reserve. He will eventually rank right down there with the shrub. Too bad that stroke didn’t happen sooner…..

  • Anonymous

    Another Wilson legacy along with the Federal Reserve. He will eventually rank right down there with the shrub. Too bad that stroke didn’t happen sooner…..

  • http://www.facebook.com/people/Peter-Bailey/1083393808 Peter Bailey

    So according to Rowley having a “particular political objective” disqualifies a person from being a real journalist. So what about Fox? And I know Rush is an “entertainer” though millions treat him as the god of truth. One rule for one group, a different one for another. Sounds like the banking game.

  • Anonymous

    Now your actually trying to insert FACTS into the goverment’s witch hunt against soothsayers . . .

  • Anonymous

    Awww, hell, why not? They already have the patriot act, which makes us all criminals before we ever have a charge filed, why not just make it a felony? That way they can keep the whole lot of us from voting, and run things the way they REALLY want to, lying all the while about how FREE we are. Damnit, I HATE politicians.

    First off, the man has done NOTHING wrong. If an American citizen, Daniel Ellsberg, can steal and publish info about the military DURING a time of war, be taken to court under the same laws they want to prosecute Assange under, and WIN, then they got NOTHING. And they know it, too. They are trying to scare him into silence and intimidate anyone else who would do the same as Assange, but it’s already backfiring on them. There are other groups out there who vow to continue the same work. May they find out even more stuff that needs to come out and embarrass the flying fuck out of everyone who needs to leave office.

    The thing about this that is so totally fucked up is that Wikileaks has been very careful about redacting anything that COULD cost someone their lives, FAR more than the gov’t itself has been. There has not been one case of anyone being put in danger, UNLIKE what happened when Cheney and his scum bag buddies outed Valerie Plame. You want to go after the REAL danger here, it’s CHENEY. if ANYONE should be in jail for eternity, it’s that fucking bastard.

    Sunshine is a great disinfectant, and it’s time to shine it on the deepest recesses of this gov’t. It’s the ONLY way we can ever hope to keep it honest, if that is even possible. These jerk offs are pissed off because they are being exposed for the SCUM they are, not because of any actual state secrets that have been exposed. ONLY THEY have been exposed as the sell out bastards they are. And THAT is not illegal, regardless of WHO it is that does it.

  • Anonymous

    “Mr. Assange obviously has a particular political objective behind his activities, and I think that, among other things, disqualifies him as being considered a journalist,” Crowley said.

    If having “a particular political objective” is the litmus test, then no one on Fox news is a journalist and everyone of them who reported the Valerie Plame story are guilty and should be prosecuted under the Espionage Act.

  • Joseph A. Mungai

    Those elected officials that condemn the Wikileaks Truth Cells around the world are the liars that keep our government opaque — allowing corruption to pervade every space.

  • Joseph A. Mungai

    Those elected officials that condemn the Wikileaks Truth Cells around the world are the liars that keep our government opaque — allowing corruption to pervade every space.

  • http://pulse.yahoo.com/_66S2E7YUHKALTEW763NKU6Y64Y Buffy

    Incriminate news for reporting itself?

  • http://blingingwow.blogspot.com/ Nakedjay

    “If having “a particular political objective” is the litmus test, then no one on Fox news is a journalist and everyone of them who reported the Valerie Plame story are guilty and should be prosecuted under the Espionage Act.”

    Then no one at MSNBC is a journalist either.

  • http://blogsite.co/legal/2010/12/14/qa-julian-assanges-legal-battle-the-guardian-blog-legal-news/ Q&A: Julian Assange’s legal battle – The Guardian (blog) (LEGAL NEWS) » LEGAL ADVICE, SOLICITORS, BARRISTERS, LAWYERS

    [...] remanded into custody last week, experienced criminal lawyers said that possibility should …Espionage Act 'makes felons of us all,' legal expert warnsRaw [...]

  • Anonymous

    Prisons will be full with millions of people then huh?

  • http://www.facebook.com/people/Bob-Zentrails/100001475536421 Bob Zentrails

    How come no other country is doing this?
    This is some scary stuff.
    And I’m half Swedish, which I used to think was a better country than our when it comes to things like this, after all, I could easily have deserted the US Navy and lived in Sweden instead of serving in Vietnam, which I did.
    I could even have come back to the US under that amnesty program they had awhile back (under Clinton? I forget).

    Instead I fight for my country thinking that my country would take care of me in return. So much for that.

  • http://www.facebook.com/people/Bob-Zentrails/100001475536421 Bob Zentrails

    How come no other country is doing this?
    This is some scary stuff.
    And I’m half Swedish, which I used to think was a better country than our when it comes to things like this, after all, I could easily have deserted the US Navy and lived in Sweden instead of serving in Vietnam, which I did.
    I could even have come back to the US under that amnesty program they had awhile back (under Clinton? I forget).

    Instead I fight for my country thinking that my country would take care of me in return. So much for that.

  • http://www.facebook.com/people/Bob-Zentrails/100001475536421 Bob Zentrails

    How come no other country is doing this?
    This is some scary stuff.
    And I’m half Swedish, which I used to think was a better country than our when it comes to things like this, after all, I could easily have deserted the US Navy and lived in Sweden instead of serving in Vietnam, which I did.
    I could even have come back to the US under that amnesty program they had awhile back (under Clinton? I forget).

    Instead I fight for my country thinking that my country would take care of me in return. So much for that.

  • http://www.facebook.com/people/Bob-Zentrails/100001475536421 Bob Zentrails

    This whole Wikileaks reaction by our intelligence community is an attempt to intimidate us all into doing what they want, which is give them unchecked power. The problem with that is that power always corrupts. Always. Obama is even unwilling to give up the unprecedented power that we gave W.

    And if there was anyone I’d think could resist corruption by power, that would be Obama, but apparently even he can’t resist this power over all of us.

  • http://www.facebook.com/people/Bob-Zentrails/100001475536421 Bob Zentrails

    This whole Wikileaks reaction by our intelligence community is an attempt to intimidate us all into doing what they want, which is give them unchecked power. The problem with that is that power always corrupts. Always. Obama is even unwilling to give up the unprecedented power that we gave W.

    And if there was anyone I’d think could resist corruption by power, that would be Obama, but apparently even he can’t resist this power over all of us.

  • http://www.facebook.com/people/Bob-Zentrails/100001475536421 Bob Zentrails

    This whole Wikileaks reaction by our intelligence community is an attempt to intimidate us all into doing what they want, which is give them unchecked power. The problem with that is that power always corrupts. Always. Obama is even unwilling to give up the unprecedented power that we gave W.

    And if there was anyone I’d think could resist corruption by power, that would be Obama, but apparently even he can’t resist this power over all of us.

  • Johnny Warbucks

    Oh, don’t worry about us. We’re all used to being domestic terrorists by now.

  • Johnny Warbucks

    The US is the last refuge of scoundrels.

  • Johnny Warbucks

    The prison industrial complex is salivating at the thought. Or, maybe, that’s what them FEMA camps they keep talking about are for. Just like what they did to the Japanese during WWII, only this time around, they’re gonna gather them all the dissenters and ‘domestic terrorists’

  • Johnny Warbucks

    Under the Act, anyone “having unauthorized possession of” information relating to the national defense or information that could be “used to the injury of the United States or to the advantage of any foreign nation” may be prosecuted if he or she publishes it or “willfully retains” it.

    Oh, goodie. Does that mean that they’re now gonna be nailing all those AIPAC bastards?
    .
    .
    .
    .
    .
    .
    .
    .

    Yeah, right. That’s I thought.

  • Anonymous

    If U.S. AG Eric Holder uses the Espionage Act against Assange, then he will have to also use it against all the former Bush/Cheney administration officials who traitorously participated in the outing of covert CIA agent Valerie Plame Wilson, the biggest national security breach since the 1950s and the Cold War.

    Valerie Plame Wilson’s CIA identity was highly compartmentalized at the CIA. Very few people at the CIA, a handful at most, even knew that she was a covert non-official-cover CIA agent, and no one OUTSIDE the CIA was privy to this ultra-top-secret information…unless someone started digging…like top Bush/Cheney administration officials did in July 2003, apparently spurred on by Veep Dick Cheney’s office.

    Somehow this ultra-top-secret information about covert NOC CIA agent Valerie Plame Wilson LEAKED out of the CIA and into the top echelons of the Bush/Cheney administration, where her name and CIA employment started getting tossed carelessly around.

    A CIA official twice warned Robert Novak about revealing her ties to the CIA before his column was published, with the CIA official not being able to say specifically why this would be bad, so Novak did it anyway, blowing Valerie Plame Wilson’s cover in the process.

    Other “journalists” were also involved (Tim Russert, Judith Miller), who were also told about Valerie Plame Wilson’s CIA connections, all for the purpose of top Bush/Cheney administration officials getting back at her husband, former U.S. Ambassador Joe Wilson.

    And it doesn’t matter who started this treasonous chain of events (Richard Armitage, or so it’s claimed). Anyone with this ultra-top-secret information about covert NOC CIA agent Valerie Plame Wilson in their possession, and then told others, violated the Espionage Act and should be tried and convicted, from George W. Bush on down…not just Scooter Libby.

    And after top Bush/Cheney administration officials blew Valerie Plame Wilson’s cover, they retroactively sought to declassify everything so that they could claim that they hadn’t committed treason, hadn’t violated the Espionage Act, hadn’t revealed highly classified, ultra-top-secret information, hadn’t blown a covert CIA agents cover for purely political purposes/vengeance.

    So, Mr. Holder, do your job. Forget about Assange. Instead, go after the traitorous Republicans from the previous criminal Bush/Cheney administration and convict them for espionage, endangering our national security…which they definitely did.

  • http://pulse.yahoo.com/_LGPBBOEBXRKQ66BAJUWW7GND5A NO

    No matter how much I detest Assange, we have to grow up , and start keeping secrets out of the public domain. You can’t make what he’s doing illegal. We have to prevent data getting out. Start false leaks. Wish we could get them to focus on leaking Russian secrets , or Chinese secrets , or how about Pakistan?

  • http://pulse.yahoo.com/_LGPBBOEBXRKQ66BAJUWW7GND5A NO

    No matter how much I detest Assange, we have to grow up , and start keeping secrets out of the public domain. You can’t make what he’s doing illegal. We have to prevent data getting out. Start false leaks. Wish we could get them to focus on leaking Russian secrets , or Chinese secrets , or how about Pakistan?

  • http://pulse.yahoo.com/_DHYNVJXRHGXYFHWJU6UMO5UMZI spike51

    The U.S. government will persecute and prosecute someone for exposing the criminal activity of the U.S. government at the same time it’s actively protecting international war criminals from prosecution! Sewing the seeds for the next 9-11!

  • http://pulse.yahoo.com/_DHYNVJXRHGXYFHWJU6UMO5UMZI spike51

    The U.S. government will persecute and prosecute someone for exposing the criminal activity of the U.S. government at the same time it’s actively protecting international war criminals from prosecution! Sewing the seeds for the next 9-11!

  • http://pulse.yahoo.com/_DHYNVJXRHGXYFHWJU6UMO5UMZI spike51

    The U.S. government will persecute and prosecute someone for exposing the criminal activity of the U.S. government at the same time it’s actively protecting international war criminals from prosecution! Sewing the seeds for the next 9-11!

  • http://pulse.yahoo.com/_I5HTM5CY5UZM5SPAWRD3VOAFZ4 Cammy M

    I found this article via Michael Moore’s site. What a great article. We are all felons now!! Good, the more of us that are classified as such the harder it becomes for the ptb to continue their willful and immoral conduct towards the citizenry.

  • http://www.thepaltrysapien.com/2011/01/the-ghost-of-woodrow-wilson/ The Ghost of Woodrow Wilson « The Paltry Sapien

    [...] (not), seems to have changed his mind on the usefulness of the act.  But it is hard to argue with Benjamin Wittes of the Brookings Institute of Wilson’s resurrected gag on free speech that, “Taken [...]