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My emotional relief at his escape from the clutches of this government far outweighs my feelings about the broader implications of the guilty plea, which has justifiably stirred concern and controversy.
fter twelve years — including five years of solitary confinement at Belmarsh Prison in London — Julian Assange is free. God bless America! He wasn’t extradited to the U.S. to stand trial, where he faced a sentence of 170 years in prison for violating the so-called Espionage Act.
Instead, he took a plea deal with the U.S. government, pleading guilty to one count of violating that act — you know, threatening America’s freedom — for which he had paid by his time already served. He was officially pronounced free at a U.S. federal court in Saipan, capital of the Northern Mariana Islands (a U.S. territory), after which he flew home to his wife and two children in Australia.
My emotional relief at his escape from the clutches of this government far outweighs my feelings about the broader implications of the guilty plea, which has justifiably stirred concern and controversy. The government got its little triumph: a “legal” acknowledgment of its right to keep monstrous secrets about what it does and punish any unauthorized spilling of the beans as “espionage.”
“He’s basically pleading guilty to things that journalists do all the time and need to do,” according to Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, quoted by the New York Times.
And Matt Taibbi said the decision “will remain a sword over the heads of anyone reporting on national security issues. Governments have no right to keep war crimes secret, but Assange’s 62-month stay in prison is starting to look like a template for Western prosecutions of such leaks.”
While such concerns are no doubt worrisome, I don’t think the legal system is a mechanism for seriously addressing them. Assange, the founder of WikiLeaks, was hardly an equal in this hellish controversy. He was in the legal crosshairs of the most powerful country on the planet, which he had had the nerve to defy, by publishing an enormous amount of “classified” — that is to say hidden — data, given to him by government-employed whistleblowers.
This is called journalism, no matter that part of the U.S. case against Assange was that he doesn’t count as a real journalist. Mainstream, corporate journalists know how to behave themselves, I guess. They’re far more likely to “respect” the do-not-cross lines the government establishes.
As I wrote in 2010, at the beginning of the WikiLeaks controversy: “In a time of endless war, when democracy is an orchestrated charade and citizen engagement is less welcome in the corridors of power than it has ever been, when the traditional checks and balances of government are in unchallenged collusion with one another, when the media act not as watchdogs of democracy but guard dogs of the interests and clichés of the status quo, we have WikiLeaks, disrupting the game of national security, ringing its bell, changing the rules.”
As long as “national security” includes the waging of war, honest — a.k.a., real — journalism will be a nuisance to those in charge, because it includes actual reportage, not simply press-releases and public-relations blather. In the real world, war equals murder. War is not an abstract game of strategy and tactics. War itself is a “war crime” — especially when it’s waged not to gain freedom from an oppressor but to maintain control over the oppressed.
WikiLeaks releases were outrageous acts of espionage — from a war-waging government’s point of view — because the data was raw, real and unsanitized. They included 90,000 classified documents on the US war in Afghanistan and nearly 400,000 secret files on the Iraq war, which . . . uh, bled beyond the official propaganda and, among other things, showed that civilian deaths in the two wars were, according to Al-Jazeera, “much higher than the numbers being reported.”
In addition, WikiLeaks released data that, as Al-Jazeera noted, “unearthed how the Geneva Conventions were being violated routinely in the Guantanamo Bay prison in Cuba. The documents, dating from 2002 to 2008 showed the abuse of 800 prisoners, some of them as young as 14.”
And then, of course, there was the infamous “collateral murder” video, which showed a U.S. helicopter firing at people on a street in Baghdad, killing seven of them, including a Reuters journalist, and wounding a number of others, including two children, who were sitting in a van that had pulled up to aid the wounded people in the street. And all this happened as helicopter crew members snickered about the deaths. This was the United States in full view, waging its “war on terror” by unleashing terror at the level only a superpower could commit.
Showing snippets of truth about the war on terror is Julian Assange’s crime: his act of espionage. And I get the government’s point of view. Assange put war itself into the forefront of collective human awareness — as a hideous reality, not a political abstraction. What he did bears striking similarity to what Emmett Till’s mother did. She exposed the raw horror of Southern racism by insisting that her son, a 14-year-old boy who was beaten and drowned by Mississippi racists for allegedly speaking to a white woman, have a public funeral with an open casket, so the whole world could see what had been done to him. This was in 1955. Not long afterward, the Civil Rights Movement was fully underway.
Human evolution isn’t a legal issue, decided by the courts. It involves humanity facing and transcending its own dark side, which can be a messy and chaotic process. This is the nature of truth.
The end of the legal saga for the Wikileaks' founder should not be seen as the end. It should be seen as a warning.
CD editor's note: The original Swedish language version of this op-ed first appeared in Sweden's Dagens Nyheter newspaper and this English translation is provided by the author.
After fifteen years, it appears that the Julian Assange case has reached a conclusion. But, as with almost everything to do with Assange, that conclusion may end up creating more problems than it solves, and raising more questions than it answers.
This was man who, on the back of material leaked by whistleblower Chelsea Manning, and by leveraging the possibilities presented by rapidly-evolving digital technologies, challenged the might of the U.S. military and the authority of the U.S. government. And, he did so through an innovative collaboration between WikiLeaks and major European and U.S. news outlets that for a brief period suggested the possibility of a new model for whistleblowing, data-gathering, and journalism.
The conclusion to the Assange case sends a clear and chilling message to journalists around the world... that you challenge U.S. power at your own peril.
WikiLeaks released the Collateral Murder video, showing a U.S. attack helicopter killing people in Baghdad, including two Reuters journalists. Some of those killed were blown to pieces as they lay injured on the ground. U.S. politicians and commentators, Democrats and Republicans alike, saw Assange and WikiLeaks as the enemy and as people who should, at best, be tried for espionage or treason or, at worst, assassinated. In 2010, none other than Donald Trump said there should be the “death penalty” for what WikiLeaks had done.
Then, the tide turned. In multiple directions. Because, after all, this was Assange.
The allegations of sexual assault made in Sweden in 2010 marked the start of a period where the support Assange and WikiLeaks had developed among some progressives rapidly began to fade. No charges were ever leveled against Assange for sexual assault or rape, but the fallout from the incident was stark. Assange called Sweden “the Saudi Arabia of feminism,” and his followers smeared his accusers as being lying tools of the U.S. government who had set Assange up. The misogyny was obvious and aggressive.
Assange sought asylum in the Ecuadorian embassy in London, and the Ecuadorian embassy years saw WikiLeaks rapidly disintegrate into a farcical side-show, marked by an increasingly close relationship between the Trump administration, a clear opposition to Hillary Clinton, the amplification of right-wing conspiracy theories and potentially dangerous acts such as linking to unredacted emails revealing private information about female voters in Turkey.
Assange, once considered by many to be a symbol of transparency, anti-Americanism and anti-militarism was now seen as doing the bidding of elites on the U.S. political right. He was hailed by right-wing politicians and commentators such as Tucker Carlson. In 2016, Trump, who just six years earlier said Assange and Manning should be put to death, now said, “I love WikiLeaks.”
The WikiLeaks account on Twitter became a steady mix of opinion, hyperbole, half-truths, and disinformation. The lifeblood of organizations that work with whistleblowers is a combination of trust, competence, and solidity. But, just the few short years after the leak of material from Chelsea Manning that shook the U.S. establishment and led to thousands of news articles across the globe, it was impossible to imagine any serious whistleblower deciding to work with WikiLeaks.
So, when Assange faced extradition to the U.S. to stand trial for his role in obtaining and publishing the material from Chelsea Manning, many shrugged their shoulders. The Assange/WikiLeaks image had been permanently tarnished. If he wasn’t guilty of espionage, the reasoning went, then the sexual assault allegations, the suggested support for Trump and the disintegration of WikiLeaks into amplifying right-wing conspiracy theories clearly made him unworthy of sympathy or attention.
And yet.
All of the distaste for Assange the person, and for what WikiLeaks had become in the years after the Manning leaks, overshadowed a fundamental yet powerful truth. The Assange case was, and is, absolutely fundamental to the working of critical investigative journalism in the U.S. and globally. Whatever dislike one may have for Assange or WikiLeaks, the fact remains that his pleading guilty to one felony count of "conspiring to unlawfully obtain and disseminate classified information relating to the national defense of the U.S." might enable Assange to leave prison, but is nevertheless a victory for the United States government and military, and a loss for freedom of information and the critical examination of power.
The conclusion to the Assange case sends a clear and chilling message to journalists around the world—Assange isn’t American, remember—that you challenge U.S. power at your own peril. This, in turn, sends a message to citizens that they are not worthy of knowing what the state does in their name. Which is pretty ironic, given that democracy is supposed to be about the rule of the people.
So, the end of the Assange case has given us one final twist, namely that the end is not the end.
It’s a warning.
"Make no mistake, the vital work of national security journalists will be more difficult today than it was yesterday."
Amid celebrations that a plea deal with the United States resulted in the release of WikiLeaks founder Julian Assange from a British prison, press freedom advocates on Tuesday continued to raise serious concerns about the damage done by the U.S. government's pursuit of a journalist who helped expose state secrets and evidence of war crimes.
"Julian Assange faced a prosecution that had grave implications for journalists and press freedom worldwide," said Jodie Ginsberg, CEO of the Committee to Protect Journalists, following news of the deal.
"While we welcome the end of his detention," Ginsberg added, "the U.S.'s pursuit of Assange has set a harmful legal precedent by opening the way for journalists to be tried under the Espionage Act if they receive classified material from whistleblowers. This should never have been the case."
After spending seven years in the Ecuadorian Embassy in the United Kingdom and then five more in the London's Belmarsh Prison, Assange agreed to plead guilty to one felony to avoid more time behind bars. The 52-year-old Australian was fighting against his extradition to the United States, where he faced 18 charges under the Espionage Act and a federal computer fraud law for publishing classified material and could have been locked up for the rest of his life.
"With today's guilty plea, Julian Assange stands convicted of practicing journalism, and all investigative journalists now face greater legal peril."
"We are hugely relieved that Julian Assange is finally free—a long overdue victory for journalism and press freedom. He never should have spent a single day deprived of his liberty for publishing information in the public interest," said Rebecca Vincent, Reporters Without Borders' director of campaigns, in a statement.
"Nothing can undo the past 13 years, but it is never too late to do the right thing, and we welcome this move by the U.S. government," she added. "We will continue to campaign in support of journalists around the world who find themselves targeted for national security reporting, and for reform of the U.S. Espionage Act, so that it can never again be used to target journalistic activity."
Vincent's group is among several press freedom and human rights organizations that had long called for the U.S. Department of Justice to drop the charges against Assange—and after news of the plea deal broke, several others warned of what is to come.
Amnesty International secretary general Agnès Callamard celebrated what the deal will mean for the WikiLeaks founder and his family—including his wife Stella Assange, who plans to seek a pardon for her husband, and their young children—but said Tuesday that "the yearslong global spectacle of the U.S. authorities hell-bent on violating press freedom and freedom of expression by making an example of Assange for exposing alleged war crimes committed by the USA has undoubtedly done historic damage."
"Amnesty International salutes the work of Julian Assange's family, campaigners, lawyers, press freedom organizations, and many within the media community and beyond who have stood by him and the fundamental principles that should govern society's right and access to information and justice," she added. "We will keep fighting for their full recognition and respect by all."
Not all journalists and media outlets defended Assange, despite the precedent that his conviction could have set, and multiple Monday headlines—including at The Associated Press, The New York Times, and The Washington Post—highlighted his guilty plea. According to the BBC, Assange plans to return to Australia after finalizing the deal in the Northern Mariana Islands, a U.S. commonwealth.
"A plea deal would avert the worst-case scenario for press freedom, but this deal contemplates that Assange will have served five years in prison for activities that journalists engage in every day," said Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University. "It will cast a long shadow over the most important kinds of journalism, not just in this country but around the world."
Ben Wizner, director of the ACLU Speech, Privacy, and Technology Project, emphasized that "with today's guilty plea, Julian Assange stands convicted of practicing journalism, and all investigative journalists now face greater legal peril."
"Exposing government secrets and revealing them in the public interest is the core function of national security journalism," Wizner continued. "Today, for the first time, that activity was described in a guilty plea as a criminal conspiracy. And even if the current Department of Justice stays true to its assurances that the Assange case is unique and will not provide a precedent to be wielded against other publishers, we can't be confident that future administrations will honor that commitment."
"The precedent set by this guilty plea would have been far more dangerous had it been ratified by federal courts," he added. "But make no mistake, the vital work of national security journalists will be more difficult today than it was yesterday."
"Just imagine what an attorney general in a second Trump administration will think, knowing they've already got one guilty plea from a publisher under the Espionage Act."
Seth Stern, director of advocacy for Freedom of the Press Foundation (FPF), also looked to the future, tying Assange's deal to the November U.S. election in which Democratic President Joe Biden is set to face former Republican President Donald Trump.
The current administration "could have distinguished itself from Donald Trump, Biden's openly anti-press electoral opponent, whose administration first indicted Assange," Stern noted in a piece for the Daily Beast. "It could have dropped the case."
Instead, the Biden administration opted for a plea deal that "does not add any more prison time or punishment for Assange," Stern stressed, echoing his initial statement on the news. "Its only impact will be to legitimize the criminalization of routine journalistic conduct and encourage future administrations to follow suit—including a potential second Trump administration."
In a Tuesday opinion piece for The Guardian, FPF executive director Trevor Timm wrote: "Just imagine what an attorney general in a second Trump administration will think, knowing they've already got one guilty plea from a publisher under the Espionage Act. Trump, after all, has been out on the campaign trail repeatedly opining about how he would like to see journalists—who he sees as 'enemies of the people'—in jail. Why the Biden administration would hand him any ammo is beyond belief."
"So if the Biden administration is looking for plaudits for ending this case, they should get exactly none," Timm asserted. "Now we can only hope this case is an aberration and not a harbinger of things to come."