Prosecutors Eye WikiLeaks Charges
By ADAM ENTOUS and EVAN PEREZ
August 21, 2010
WASHINGTON—Pentagon lawyers believe that online whistleblower group WikiLeaks acted illegally in disclosing thousands of classified Afghanistan war reports and other material, and federal prosecutors are exploring possible criminal charges, officials familiar with the matter said.
Several officials said the Defense and Justice departments were now exploring legal options for prosecuting Mr. Assange and others involved on grounds they encouraged the theft of government property.
Bringing a case against WikiLeaks would be controversial and complicated, and would expose the Obama administration to criticism for pursuing not just government leakers, but organizations that disseminate their information.
"It is the view of the Department of Defense that WikiLeaks obtained this material in circumstances that constitute a violation of United States law, and that as long as WikiLeaks holds this material, the violation of the law is ongoing," Defense Department General Counsel Jeh Charles Johnson wrote in a letter this week to a WikiLeaks lawyer.
The letter did not spell out what those circumstances were.
Steven Aftergood, head of the project on government secrecy at the Federation of American Scientists, said U.S. law gives prosecutors a number of tools they could use to prosecute WikiLeaks, such as alleging the group was an accessory to a crime or had unlawfully taken possession of stolen property. If WikiLeaks actively encouraged the transfer of classified documents, the government could allege the group was part of a conspiracy, he said.
"If WikiLeaks thought it would make the last move and the government would not respond, they may be mistaken," said Mr. Aftergood. "But it would be a terrible new precedent if these legal options were actually employed against a publisher, even a disreputable one. Once such measures were used against WikiLeaks, it would only be a matter of time until they are used against other media outlets and individuals."
The Pentagon this week rebuffed a WikiLeaks request for help reviewing the remaining documents, demanding that the group instead return all of the logs to the U.S. government.
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