The Julian Assange Indictment, by Robert Gore

Posted by straightlinelogic 6 years, 1 month ago to Government
64 comments | Share | Flag

This is the full text of the article I published on Straight Line Logic, minus a picture of Julian Assange.

The death of the First Amendment

The US Department of Justice has brought an 18-charge indictment against Julian Assange. Seventeen of the counts are for violations of the Espionage Act. To much scorn and derision Wikileaks and Assange have been warning for years that this is exactly what the US government would do. They have been vindicated. Obama Justice Department lawyers, examining the exact same evidence as the Trump Justice Department lawyers, declined to press charges against Assange because they believed it would criminalize essential elements of journalism, one of which is disclosure of secrets the government would rather not have disclosed, and obliterate the First Amendment. The Obama lawyers were right.

The Trump administration is attempting to silence a journalist and organization that have acted as a clearinghouse for whistleblowers outside and inside governments who have courageously sought to reveal their governments' depredations and crimes. In this country, Assange and Wikileaks have embarrassed and infuriated both the left and right, Democrats and Republicans, and so they have no friends or protectors within the powers that be. An important point is that they have done their job mostly with documents and other materials produced by the perpetrators themselves. Telling the truth has indeed become a revolutionary act, which is always a hallmark of tyranny.

Once upon a time some of us hoped that voting for Donald Trump was a revolutionary act, but like most stories that begin with, "Once upon a time," that has proven a fairy tale. Unless Trump issues a full and unconditional pardon for Assange before he has to undergo years of legal proceedings fighting extradition in Europe and Britain, and then this indictment in the US, never again will I support Donald Trump. Nor will I support any other politician who either supports the indictment or refuses to make his or her opinion known about the matter. At this time, only Tulsi Gabbard has publicly supported Julian Assange, and if she continues to do so she has my vote in 2020, regardless of my complete disagreement with many of her other positions. She would be the first Democrat for whom I've ever voted.

That makes me a one-issue voter. I'm a writer and speaker, often writing and speaking about government and politics. I cherish my freedom and the threat to it is the issue most important to me. To all those who regard the First Amendment as subsidiary to other issues—foreign policy, the economy, immigration, the stock market, or the other headline grabbers—or who feel that the US can still be a "great" nation without the First Amendment I say this: you are fools, you fully deserve what's coming, and don't you dare bewail your fate or that of  your country when what remains of the greatness of America is gone and it has become the tyrannical hellhole that appears to be its destiny.


All Comments


Previous comments...   You are currently on page 2.
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    If you take you the "emotional stuff" there is nothing left of the article.

    The First Amendment does not protect anyone who steals proprietary information, let along classified military information on protected, classified devices. The grandstanding, emotional claims to 'freedom of speech' bypass that fact. Protecting military secrets does not imply 'bad things and hiding them'. The charges against Assange are over the military protecting the effectiveness and lives of its sources of intelligence on a war. The claim that Assange can ignore that is an anarchist mentality declaring war on the military. Don't choose to be on that side.
    Reply | Permalink  
  • Posted by term2 6 years, 1 month ago in reply to this comment.
    Interestingly enough, I bypassed all the emotional stuff about freedom of speech. I am more interested in making sure that truths come out. The more the government fights this, the more I think they are doing very bad things and hiding them.

    Not sure I believe what the government claims happened, or what the "libertarians" claim about the first amendment. Seems to me that the purpose of the first amendment was to protect us FROM the government in the frist place, just as the second amendment was.
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    The crime is unauthorized access and dissemination of military secrets, in these charges predominantly the identity of people who were sources of intelligence on the enemy. I didn't see anything about Hilary in the description of the charges.

    There are a lot of issues in this worth discussing, but the article suppressed the facts and invoked its own conclusion as the premise. It exploited the expected sympathy here for "freedom of speech", as if that were what the case is about, all to emotionally stampede people in the name of "straight line logic", which you can see through the page is what happened, including emotional rejection of any attempt to describe the facts.
    Reply | Permalink  
  • Posted by term2 6 years, 1 month ago in reply to this comment.
    I understand your position. I would mention that my response is more pointed to the validity of the law itself. What Manning and Assange did was just bring out what the military and hillary actually did but tried to hide. I fail to see how that should be a crime.
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    Assange's complicity in stealing the classified data is the basis of the case against him. That was misrepresented in the article demanding an advance pardon. But whatever the outcome of the case, anyone can already be arrested for helping to hack into computers, and hacking classified military information is an even more series charge. There would have to be something specific and new about the Assange decision for it to impact future hacking cases. A pardon for Assange, which properly does not seem likely for this case, would not imply legal precedent.
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    I said that Assange is "accused of conspiring with Manning to encourage and help Manning steal classified military documents", which is ignored in the article in irrelevant emotional appeals to the First Amendment and freedom of speech accompanied by grandstanding demands for an immediate full pardon.

    The Grand Jury indictment is the prosecutor's charges, for which there is evidence on which the case is being brought. The outcome of the case after arguing the evidence remains to be seen, but the charges concern a serious violation of legitimate law that the article, and now you, are ignoring.

    This is not about a vague claim that you can dismiss out of hand as "Whistleblowers are hated because they bring out truths" and the unsubstantiated claim that he "only provided the truth that the politicians wanted to hide". That does happen, but is not what this case is based on. The article misrepresented the indictment in a flourish of "libertarian" hyperbole unrelated to the facts.

    Responses pointing out the facts, with links to the actual indictment omitted in the article, are now subjected to another 'downvote' spree as if facts and objectivity are irrelevant on an Ayn Rand forum.
    Reply | Permalink  
  • Posted by term2 6 years, 1 month ago in reply to this comment.
    Government claims are not facts. Whistleblowers are hated because they bring out truths that show the evils people are doing, but trying to hide. Manning and Assange arms many others are doing good by exposing things like how crooked Hillary is and how the military is using “classified” excuse to hide its evils. If the powers that be don’t want to be embarrassed by revelations of their bad behavior, maybe they shouldn’t engage in bad behavior
    Reply | Permalink  
  • Posted by CaptainKirk 6 years, 1 month ago in reply to this comment.
    The direct pardon does NOT uphold our 1st Amendment. It allows the DOJ to arrest people in the future without a motion to dismiss based on the precedent Assange would receive.

    BTW, if Assange was HELPING TO HACK into the computers, then he is guilty. It's one thing to be a reporter, and another to help a criminal before the act via skills/tools they do not already have!
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    Trump's generally emotional thinking and shooting from the hip as he contradicts himself is not 3D chess. It's not a reason to be hopeful that that he has some secret brilliance. People are confused about his meaning because of his confused statements, not because he is so much smarter than everyone else that we can't understand some kind of brilliant subtlety.

    In this case, the Justice Dept., with or without Trump's internal approval, is pursuing a case against Assange for his alleged involvement in stealing and disseminating military secrets.
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    Assange is accused of conspiring with Manning to encourage and help Manning steal classified military documents. That is not "only provided the truth that the politicians wanted to hide". The article misrepresented the indictment.
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    Protecting military secrets is legitimate, which is why Manning was convicted before Obama let him out. Assange is charged with complicity in Manning's criminality, not publishing information that someone gave him.

    Trump can't pardon Snowden because that would require acknowledging the unconstitutional nature of NSA (and collaborating agencies) mass surveillance of American citizens. Both Obama and Trump have made the surveillance worse since the Snowden document dump. Obama sympathesized with the treasonous radical Manning, but ratcheted up the statist mass surveillance of innocent American citizens.

    A major difference between Snowden and Manning is that Snowden took great efforts to not disclose documents exposing individuals, making it a matter of government secret policy. (Subsequent leakers anonymously put out additional documents under cover of the Snowden dump.) Snowden said he did what he did with such enormous scope because previous whistle blowers attempting to use proper channels, like Binney, had been marginalized and persecuted, and that he realized that he would have to dump on a scope that could not be ignored. Manning in contrast, is a radical hater who sought to harm the military.
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    Assange is charged with conspiring with Manning to encourage and help him steal the documents, as you said the first time. It is not a matter of "free speech". The article's premise that the Espionage Act is inherently evil is wrong.
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    I suggest you broaden your sources to include the actual indictment and to have the honesty to include it in the article rather than beginning and ending with "libertarian" hyperbole as emotional opinion in the name of "logic". Assange's complicity in stealing the classified documents is all through the counts, not just the first, and his successful unauthorized dissemination as his motive for that is not irrelevant.

    Blatant, open violation of the Espionage Act to steal and disseminate military secrets in wartime is not a matter of the euphemism of what "government would rather not have disclosed", and prosecution of that does not "obliterate the First Amendment". Obama was not "right" to ignore it and was not right to commute the sentence of the treasonous co-conspirator Manning and ignore Hilary Clinton's crimes under the same law. The Obama mentality is not a standard of argument here.
    Reply | Permalink  
  • Posted by $ jdg 6 years, 1 month ago in reply to this comment.
    I also would pardon Assange, and Manning, and Snowden. But voting for Trump's Democratic opponent may not help. I doubt he or she will be any better on this issue than Trump. Obama certainly wasn't.
    Reply | Permalink  
  • Posted by 6 years, 1 month ago in reply to this comment.
    The problem with that is that Assange may be convicted of some of the counts, in which case he only walks free if Trump pardons him. That is problematic, because Trump may not be in office then (extradition procedures, pretrial legal maneuvers, and the trial itself may take years) and Assange would have to undergo the ordeal of a trial. As I said in my article, to ensure that Assange goes free, Trump has to issue a preemptive pardon now.
    Reply | Permalink  
  • Posted by 6 years, 1 month ago in reply to this comment.
    Counts 2-14 allege that Assange received various items of classified information from Manning and published it in contravention of the Espionage Act. This is the first time that the Espionage Act has been used against a journalist publishing classified information from the government, whether it was obtained legitimately or illegitimately by the source who divulged it to the journalist.

    The government has never had the power to determine who is a journalist. The New York Times, Washington Post, et. al. published the same information as Wikileaks. Journalism is a function, not whatever the government says it is. Wikileaks, like the NYT and WP, was publishing information, the essential function of journalism. The First Amendment has never been held to not apply to foreign news organizations that publish matters of interest in the US.

    The Justice Department press releases are extremely misleading. Only Counts 15-17 allege that Assange divulged names of intelligence sources. Counts 1 and 18 are essentially rehashes of the former one-count indictment. It is Counts 2-14 that are direct attacks on the First Amendment, essentially criminalizing receipt by a journalist of information the government has decided to classify and subsequent publication by the journalist.

    This criminalization is unprecedented. It would have stopped the Pentagon Papers in its tracks and many other disclosures since of information the government would rather keep secret. By the logic of Counts 2-14, anything the government decides to classify (and spurious classification is rampant) cannot be disclosed and published, no matter how immoral, illegal, illicit, or just plain embarrassing the government actions disclosed may be, and no matter how irrelevant it may be to actual national defense or intelligence. That's the rationale of a police state--the government deciding which of its actions can be disclosed--not a free country.

    I suggest you broaden your information sources away from Justice Department press releases and read some of the fine articles that have appeared in the alternative media since the superseding indictment. Some of them are posted on my website, http://straightlinelogic.com. Put "Julian Assange indictment" in the search box and they will be listed and linked. There have even been some decent articles in the mainstream media. They're finally waking up to the danger.
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago in reply to this comment.
    This case is about harming the country by illegally obtaining and publicizing classified military information on sources of intelligence concerning a war, as described on this same page https://www.galtsgulchonline.com/post... It is not about secret government policy, the First Amendment or freedom of speech to discuss government policy.
    Reply | Permalink  
  • Posted by CaptainKirk 6 years, 1 month ago
    Scott Adams, who I trust, is suggesting an ALTERNATIVE (3D chess) variation.

    That Trump forced the issue to FREE Assange, and allow him to be Charged, and WALK FREE after the trial. Which would SOLIDIFY the 1st Amendment!

    I am hopeful.
    Reply | Permalink  
  • Posted by ewv 6 years, 1 month ago
    The article left out and misrepresented the charges in the grand jury indictment. Assange is charged with conspiring with and aiding Manning to steal and publicize classified military secrets, not for being a "journalist". Illegally acquiring and exposing identification of people as military intelligence sources is not "freedom of speech" over policy discussion. Manning was jailed for that. His co-conspirator Assange is a foreign national who knowingly attacked the US military and endangered innocent people. That is not exempt under "freedom of speech".

    Citing the lack of action by the Obama administration and referring to the Espionage Act as if it were inherently evil as premises is not an argument. The Obama administration also pardoned the traitor Manning, and let Hilary Clinton off the hook for her violations of the Espionage Act in her reckless treatment of classified information and obstruction of justice in destroying evidence under subpoena.

    The actual charges against Assange can be read at
    https://www.justice.gov/opa/pr/wikile...
    https://www.justice.gov/opa/press-rel...
    https://www.justice.gov/opa/press-rel...
    https://www.justice.gov/opa/press-rel...

    "Some say that Assange is a journalist and that he should be immune from prosecution for these actions. The Department takes seriously the role of journalists in our democracy and we thank you for it. It is not and has never been the Department’s policy to target them for their reporting.

    "Julian Assange is no journalist. This made plain by the totality of his conduct as alleged in the indictment — i.e., his conspiring with and assisting a security clearance holder to acquire classified information, and his publishing the names of human sources."
    Reply | Permalink  
  • Posted by lrshultis 6 years, 1 month ago in reply to this comment.
    While the representative constitutional republic that we still somewhat have has been generally good for promoting liberty, a voter has in most cases the choice of voting for a little bit of less freedom, thus continuing to vote against liberty, or to vote for none of the above by not voting. The introduction of a little collectivism at a time throughout USA history has produced the mess that we have today.

    I know the following is off topic but it comes because of government making rules which are made outside, secretly until unveiled to the public, the public discussion.
    On the local level where I live, there was far more freedom in 1955 with 750 population than today than today with near 2000 population. Though guns are legal I have not ever seen an open carry, air rifles and bow and arrows are not openly useable. I have a pellet gun but am not allowed to shoot it even in my basement because the projectile will land within village limits. The police said if I bought one, I should not let anyone know. Besides recreational use, I consider it more humane to euthanize dying pets myself rather than putting them through the ordeal of getting them to a vet, that is, into a carrier, driving to the vet, place on a table, and other frightening stuff to be poisoned to death. I have been told that the instant death by a pellet in the brain is very inhumane.

    Today there is too much government secrecy.
    I would like to see that only military secrecy where harm could come to citizens if not secret be instituted. All other government business should be open book.

    Here in the village, the board of trusties have secret meetings that end in more taxation. We have had to get an ordinance passed that any expenditure over one million dollars had to be approved by referendum. They still seem to get away without using the referendum.

    Wiki leak like organizations should become common and not made illegal. It should not be hard to determine whether a leak will harm the USA only and not just harm politicians.
    Reply | Permalink  
  • Posted by Russpilot 6 years, 1 month ago
    I try not to disparage anyone on here, but that in my opinion would be paramount to saying you are voting for someone based on the color of their skin. Not an appropriate nor a well reasoned decision to make on such an important issue.
    Reply | Permalink  
  • Posted by ycandrea 6 years, 1 month ago
    I like Trump, but I definitely disagree with him on some issues. This one is a big one for me too. It may decide if and who I vote for in 2020.
    Reply | Permalink  
  • Posted by term2 6 years, 1 month ago
    I am very disappointed with trump going after Assange and Snowden. Both of them only provided the truth that the politicians wanted to hide.

    I am also disappointed that trump is waging this stupid tariff war with China- that WE HAVE TO PAY FOR (not the Chinese)

    Trump can’t do the things that really need to be done( like immigration reform and trade with Mexico and Canada and getting rid of Obamacare). Because the worthless establishment congress just obstructs. Pretty pathetic
    Reply | Permalink  

  • Comment hidden. Undo