Background of Assange’s Legal Troubles

U.S. Representatives James McGovern (D-Mass.) and Thomas Massie (R-Ky.) have jointly written to President Joe Biden, advocating for the pardon of WikiLeaks founder Julian Assange. In their letter, they stress the importance of a clear message that the Biden administration will not target journalistic activities.

Assange, an Australian publisher, recently pleaded guilty as part of a plea deal with the U.S. Justice Department, concluding his lengthy imprisonment in London over charges related to the publication of classified military documents. Following this agreement, he was sentenced to time served, allowing him to reunite with his family and return to Australia.

The Charges Against Assange

Prior to his plea deal, Assange faced a daunting 17 counts under the Espionage Act, which included allegations of receiving, possessing, and communicating classified information, along with a charge for conspiracy to commit computer intrusion. If convicted, he could have faced up to 175 years in a U.S. maximum-security prison.

The charges stemmed from WikiLeaks’ 2010 publication of classified materials provided by former U.S. Army intelligence analyst Chelsea Manning, which revealed alleged war crimes by the U.S. in Iraq, Afghanistan, and at Guantánamo Bay. The release included the infamous “Collateral Murder” video, depicting a U.S. military attack that killed civilians, including two Reuters journalists.

Concerns Raised by Lawmakers

In their letter to Biden, McGovern and Massie expressed gratitude for the administration’s decision last spring to withdraw the extradition request against Assange. However, they voiced deep concern over the conditions of his plea agreement, which required him to plead guilty to felony charges. This development has raised alarms among Congress members and advocates for press freedom.

The lawmakers pointed out that the original decision by the Obama administration in 2013 not to indict Assange stemmed from concerns that doing so would necessitate indicting journalists from major news outlets who had published similar materials. The fear persists that the application of the Espionage Act against Assange could be used as a precedent against journalists engaged in the standard practice of reporting, particularly in matters of national security.

Congressional Voices and Call for Action

The letter underscored the unprecedented nature of prosecuting a publisher under the Espionage Act, marking Assange’s case as the first of its kind. The congressmen echoed sentiments from Jodie Ginsberg, CEO of the Committee to Protect Journalists, who noted that while the end of Assange’s detention is welcome, the ongoing pursuit of his case establishes a harmful legal precedent.

In their appeal, McGovern and Massie urged Biden to consider granting Assange a pardon. They argued that such a move would dismantle the negative precedent set by the plea agreement and reaffirm the administration’s commitment to safeguarding journalistic independence.

International and Local Reactions

As Assange continues to navigate his legal challenges, his brother, Gabriel Shipton, plans a return to Washington, D.C. in January as part of a campaign urging a presidential pardon. Both Shipton and Assange’s wife, Stella, have reached out to Australian Prime Minister Anthony Albanese, who has previously advocated for an end to Assange’s prosecution, requesting that he urge Biden to consider a pardon during his farewell phone call.

Judicial Perspective on Assange’s Case

During his sentencing hearing in June in federal court in Saipan, U.S. District Judge Ramona Manglona acknowledged that the U.S. government had not provided evidence indicating that WikiLeaks’ disclosures resulted in any harm. She remarked on the absence of a personal victim in the case and emphasized that the government’s stance suggested no known physical injuries resulted from the information’s dissemination.