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View Diary: Wikileaks Informationthread 40: The Handover: UPDATE (61 comments)

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  •  DOJ argues FOR Prior Restraint of Speech/Press (32+ / 0-)

    Found at Greg Mitchell's blog at The Nation (http://www.thenation.com/blog/157814/wikileaks-news-views-blog-monday-day-51)

    A lot of the article's text is quoted from the DOJ's court filing, and it's just outrageous imo.  And Politico's 'framing' of it -- 'leaking worse the spying' also sucks.

    http://www.politico.com/...

    Quotes --
    Leaking classified information to the media is a more serious offense than spying, the Justice Department argued in a court filing last week.

    [...]

    "The defendant’s unauthorized disclosures...may be viewed as more pernicious than the typical espionage case where a spy sells classified information for money," the prosecution team wrote in a brief submitted by attorneys at Justice Department headquarters and the U.S. Attorney’s office in Alexandria, Va.

    "Unlike the typical espionage case where a single foreign country or intelligence agency may be the beneficiary of the unauthorized disclosure of classified information, this defendant elected to disclose the classified information publicly through the mass media. Thus, every foreign adversary stood to benefit from the defendant’s unauthorized disclosure of classified information, thus posing an even greater threat to society," the brief said.

    [...]

    The Justice Department’s brief emphasizing the dangers of leaks could be seen as a preview of arguments the government will make against Wikileaks if authorities proceed with a prosecution of its founder, Julian Assange, or others who are part of the group. A prosecution of Wikileaks would open a significant new front in the Obama Administration's war on leaks, which has so far targeted only leakers for prosecution and not those who receive the leaks.
    ***END QUOTES***

    Key sentence, imo:
    "Unlike the typical espionage case where a single foreign country or intelligence agency may be the beneficiary of the unauthorized disclosure of classified information, this defendant elected to disclose the classified information publicly through the mass media. . . ."

    Key phrase, imo:
    this defendant elected to disclose the classified information publicly through the mass media. . . ."

    Key phrase, translated, means:
    citizen chose to publish
    publishing is worse, more pernicious, than spying (espionage)for a foreign country

    This link --
    http://www.fas.org/... --
    is to the CRS Dec 6 2010 report 'Criminal Prohibitions on the Publication of Classified Defense Information' -- which actually says that although there are criminal prohibitions & punishments for 'leakers' (authorized people who take info), there ARE NO LAWS AGAINST PUBLISHING leaked info, and the Supreme Court has ALWAYS maintained a clean, bright line protecting Free Speech/Free Press against 'prior restraint'.

    Obama's DOJ says:  give us Prior Restraint or it's the end of the world!

    I hope someone can get their hands on the full text of the court filing soon -- I'd like to read the whole thing.  This attack on the First Amendment by the President I voted for makes me feel sick and ashamed of my country.

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