The Wall Street Journal is reporting that federal prosecutors are exploring possible criminal charges against Julian Assange. The Volokh Conspiracy examines if Assange can be prosecuted for Espionage. The answer seems to be yes. To quote Julian Ku, the author of a post that was linked to at Volokh:
And if I were Assange’s lawyer, I would advise him to avoid the U.S., and international waters and airspace, for as long as possible.
This predictable turn of events brings up an previous post I wrote condemning Michael Moynihan’s doublethink at Reason.
If the US Government were to arrest Julian Assange, it’s entire case would primarily rest on making the case that Assange was not a journalist but rather an anti-american ideologue engaged in espionage against the United States. That Reason, a purported libertarian publication, would publish drivel supporting the US government’s underlying argument in this matter of fundamental importance is despicable. And you don’t get off the hook by claiming to support Wikileaks while attempting to eviscerate it’s legal protection. If Moynihan is too stupid to realize that stripping Wikileaks of it’s journalistic protections makes Julian Assange a prosecutable enemy of the State, then my suggestion to Moynihan is to find another fucking profession.
It remains to be seen if Moynihan supports the prosecution of Assange for the crime of espionage. Meanwhile, Assange has anticipated this and Wikileaks has since signed an official agreement with the Swedish Pirate Party to host the public web servers while Assange has landed a job as a columnist for the Swedish newspaper, Aftonbladet, a move that will afford him some protection as a journalist under the Swedish constitution. However, over the weekend, the Swedish Prosecution Authority, working in conjunction with US Intelligence operations, leaked an arrest order for Julian Assange for sex crimes to a Swedish Tabloid. After 24 hours and the cycling of this story intentionally in the news, the arrest order was withdrawn. The timing alone should make it obvious that was an intelligence psyops operation, but listening to the flaky interview given by the spokesperson of the Swedish Prosecution Authority in the aftermath, and reading the criticism of the abnormal behavior of the Swedish Prosecution Authority in this matter from former Swedish chief prosecutors makes the obvious indisputable.