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<H2 class=date-header><SPAN>Monday, June 3, 2013</SPAN></H2>
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<DIV class="post hentry" itemtype="http://schema.org/BlogPosting"
itemscope="itemscope" itemprop="blogPost"><A name=7809783024272413675></A>
<H3 class="post-title entry-title" itemprop="name">Bradley Manning: US
government moving to make journalism a crime </H3>
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<DIV id=post-body-7809783024272413675 class="post-body entry-content"
itemprop="description articleBody"><BR><HEADER class="wrapped clearfix"><SPAN
style="FONT-WEIGHT: normal"><SPAN style="FONT-SIZE: small"><FONT
size=4><STRONG>We are sharing this as we read about the US government's claim in
the </STRONG></FONT><A
href="http://www.guardian.co.uk/world/2013/jun/03/bradley-manning-trial-opening-statements?guni=Network%20front:network-front%20main-3%20Main%20trailblock:Network%20front%20-%20main%20trailblock:Position1"><FONT
size=4><STRONG>Bradley Manning trial</STRONG></FONT></A><FONT size=4><STRONG>
that Manning was basically receiving instructions from Assange. This is in
order to legalise their pursuit of Assange for espionage. As this piece
points out, pursuing information which is a journalists job, can and will be
considered criminal activity. They are moving to criminalize investigative
journalism.</STRONG></FONT></SPAN></SPAN><BR>
<H1 class="heading heading-style-i size-30"><FONT size=4><STRONG><SPAN
style="FONT-WEIGHT: normal"><SPAN style="FONT-SIZE: small">Reprinted from The
Daily Beast</SPAN></SPAN> </STRONG></FONT></H1>
<H1 class="heading heading-style-i size-30"><FONT size=4>Pentagon Papers Lawyer
James Goodale: It’s Time for Eric Holder to Resign</FONT></H1><SPAN
class="byline byline-style-a"><FONT size=4><STRONG>by </STRONG></FONT><A
href="http://www.thedailybeast.com/contributors/james-c-goodale.html"
rel=author><FONT size=4><STRONG>James C. Goodale</STRONG></FONT></A><FONT
size=4><STRONG> </STRONG></FONT></SPAN><TIME class=timestamp pubdate="pubdate"
datetime="2013-05-30T15:13:00.000Z"><FONT size=4><STRONG>May 30, 2013 11:13 AM
EDT </TIME></STRONG></FONT>
<DIV class=dek-body>
<H2 class=dek><FONT size=4>The attorney general’s conduct in trying to pass off
the James Rosen subpoena as falling under the Espionage Act proves that he is
abusing his office. Pentagon papers lawyer James Goodale has seen this before—in
Richard Nixon. </FONT></H2></DIV></HEADER><BR>
<DIV class="body parsys"><A style="VISIBILITY: hidden"
href="http://www.blogger.com/null" name=body_text0></A><BR>
<DIV class="text parbase section"><FONT size=4><STRONG>Attorney General
</STRONG></FONT><A
href="http://www.thedailybeast.com/articles/2013/05/28/holder-s-regrets-and-repairs.html"><FONT
size=4><STRONG>Eric Holder</STRONG></FONT></A><FONT size=4><STRONG> should
resign for his role in the </STRONG></FONT><A
href="http://www.thedailybeast.com/articles/2013/05/21/how-hope-and-change-gave-way-to-spying-on-the-press.html"><FONT
size=4><STRONG>James Rosen case</STRONG></FONT></A><FONT size=4><STRONG>. He
signed off on a search warrant to Rosen, a Fox News reporter. This warrant
treated Rosen as a common criminal. It sets a terrible precedent. Holder should
resign to erase this precedent.</STRONG></FONT></DIV><A
style="VISIBILITY: hidden" href="http://www.blogger.com/null"
name=body_inlineimage></A><BR><FIGURE class="multimedia section"><FONT
size=4><STRONG><IMG class=cq-dd-image title=holder-resignation-rosen-tease
alt="Attorney General Eric Holder"
src="http://cdn.thedailybeast.com/content/dailybeast/articles/2013/05/30/penatgon-papers-lawyer-james-goodale-it-s-time-for-eric-holder-to-resign/_jcr_content/body/inlineimage.img.503.jpg/1369953438987.cached.jpg">
<FIGCAPTION class=figcaption>Attorney General Eric Holder during the Office of
Inspector General’s annual awards ceremony May 29. Holder should resign,
Pentagon papers lawyer James Goodale says. (Manuel Balce
Ceneta/AP)<BR></FIGCAPTION></FIGURE></STRONG></FONT><A
style="VISIBILITY: hidden" href="http://www.blogger.com/null"
name=body_text1></A><BR>
<DIV class="text parbase section"><A
href="http://www.thedailybeast.com/cheats/2013/05/20/report-fox-news-reporter-investigated-by-doj.html"><FONT
size=4><STRONG>Stephen Jin-Woo Kim</STRONG></FONT></A><FONT size=4><STRONG>, a
State Department adviser, had leaked to Rosen information about North Korea’s
nuclear plans. The Justice Department sought the source of this leak by
obtaining a search warrant for Rosen’s emails and other records. Fox News
believes the search warrant even sought records from Rosen’s parents, who live
in Staten Island, New York.<BR><BR>The basis for obtaining the warrant was that
Rosen had conspired with Kim to violate the Espionage Act. That act does not
apply to Rosen. It does however, in the government’s view, apply to Kim. It
should be clear to anyone that Holder has run an end run around the Espionage
Act by his actions. While Rosen is not subject to the Espionage Act, Kim is. But
Rosen might as well be subject to the act if he can be held responsible for
Kim’s actions.<BR><BR>The reason the Espionage Act does not apply to Rosen is
that it does not apply to those who publish (or broadcast) information leaked to
them. In the </STRONG></FONT><A
href="http://www.thedailybeast.com/articles/2013/05/14/is-obama-worse-for-press-freedom-than-nixon.html"><FONT
size=4><STRONG>Pentagon papers case</STRONG></FONT></A><FONT size=4><STRONG>,
the government asserted initially the Espionage Act did apply to <I>The New York
Times,</I> the paper that published parts of the Vietnam archives leaked to it
by Daniel Ellsberg.</STRONG></FONT></DIV><A style="VISIBILITY: hidden"
href="http://www.blogger.com/null" name=body_pullquote></A><BR>
<BLOCKQUOTE class="blockquote section"><FONT size=4><STRONG>If a reporter
steps over the line drawn by the Justice Department, he or she may become a
criminal. In short, the government has criminalized the news-gathering
process.</STRONG></FONT></BLOCKQUOTE><A style="VISIBILITY: hidden"
href="http://www.blogger.com/null" name=body_text4></A><BR>
<DIV class="text parbase section"><FONT size=4><STRONG>When, however, the
<I>Times</I> proved to the district court Judge Murray Gurfein that the word
“publish” had intentionally been left out of the act, Gurfein concluded that the
act was inapplicable. Thereafter, the government dropped its use of the
Espionage Act, and it never appeared in its case again—even at the Supreme
Court.<BR><BR>In its affidavit for a search warrant, the government asserted
that Rosen had cajoled Kim into violating the act by trying to get Kim’s story
out of him. Any reporter will quickly recognize that Rosen’s efforts are
customary news-gathering practices used by all reporters. News does not come
over the transom; reporters have to work hard to get it.<BR><BR>The government
has now put itself in the position of setting standards for what reporters can
and cannot do when they talk to those who have access to classified information.
If a reporter steps over the line drawn by the Justice Department, he or she may
become a criminal. In short, the government has criminalized the
news-gathering process.<BR><BR>Holder’s actions should come as no surprise to
those who have been following him closely. Rosen is not the only
journalist Holder thinks is a criminal. He is also pursuing
</STRONG></FONT><A
href="http://www.thedailybeast.com/articles/2013/05/30/exclusive-former-wikileaks-employee-james-ball-describes-working-with-julian-assange.html"><FONT
size=4><STRONG>Julian Assange</STRONG></FONT></A><FONT size=4><STRONG>, the
founder of WikiLeaks. Pfc. Bradley Manning leaked classified information to
Assange.<BR><BR>While little noticed, a grand jury was empanelled to indict
Assange in 2010, initially seeking charges under the Espionage Act. Holder
however, later announced “there were problems” with using the Espionage Act for
this purpose. Presumably Holder’s problem was that the Espionage Act did not
apply to the publication by Assange of Manning’s leaked information on Assange’s
website.</STRONG></FONT></DIV><A style="VISIBILITY: hidden"
href="http://www.blogger.com/null" name=body_text9></A><BR>
<DIV class="text parbase section"><FONT size=4><STRONG>Thereafter, Justice
Department officials let it be known that the grand jury was proceeding on a
theory that Assange conspired with Manning to leak to Assange. Assange had
also made the leaked information available to <I>Der Spiegel,</I> <I>Le
Monde,</I> <I>El País,</I> and <I>The Guardian.</I> Later <I>The Guardian</I>
shared this information with <I>The New York Times,</I> and all of them
published parts of the leaked information, as did Assange on his
website.<BR><BR>In December 2010, when the Committee to Protect Journalists
learned that Holder had switched to a conspiracy theory, it wrote a letter to
President Obama not to prosecute Assange, because such prosecution would
criminalize news gathering. The committee pointed out to Obama that Assange was
a journalist protected under the First Amendment and should not be treated as a
co-conspirator. But little did the Committee to Protect Journalists know that
Holder had used the conspiracy theory seven months before in May 2010, when he
approved the use of the search warrant for Rosen’s records.<BR><BR>As far as
anyone can tell, this grand jury is still alive. Assange’s lawyers believe it
has already secretly indicted him. They think that as soon as Assange leaves the
Ecuadoran Embassy where he is holed up, he will be faced with the indictment in
the U.S. for conspiring with Manning.<BR><BR>Asking courts to treat journalists
as criminals under the Espionage Act has only been asserted once before Holder
started using it. President Richard M. Nixon used it against <I>New York
Times</I> reporter Neil Sheehan, who obtained the Vietnam archives from Daniel
Ellsberg. Following the Pentagon papers case, Nixon convened a grand jury
to indict Sheehan for conspiring to cause the leak of the Pentagon papers. Nixon
failed in this effort, and the grand jury disbanded after 17
months.</STRONG></FONT></DIV><A style="VISIBILITY: hidden"
href="http://www.blogger.com/null" name=body_text13></A><BR>
<DIV class="text parbase section"><FONT size=4><STRONG>The difference between
Nixon and Holder is that Nixon failed in his effort to treat Sheehan as a
co-conspirator. Nixon therefore could not create the precedent that
reporters could be treated as criminals. Holder has. He should
resign.<BR><BR>Like </STRONG></FONT><A
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size=4><STRONG>The Daily Beast on Facebook</STRONG></FONT></A><FONT
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target=_blank><FONT size=4><STRONG>follow us on Twitter</STRONG></FONT></A><FONT
size=4><STRONG> for updates all day long.</STRONG></FONT></DIV></DIV>
<DIV class=storymeta>
<DIV class=storyMeta><FONT size=4><STRONG>James C. Goodale is a First Amendment
lawyer and was chief counsel for the New York Times during the Pentagon Papers.
He is the author of “</STRONG></FONT><A
href="http://www.amazon.com/Fighting-Press-Inside-Pentagon-Battles/dp/1939293081/ref=as_at?tag=thedailybeast-autotag-20&linkCode=as2&s=books&ie=UTF8&qid=1368546306&sr=1-1&keywords=james+goodale"
target=_blank><FONT size=4><STRONG>Fighting for the Press: the Inside Story of
the Pentago Papers and Other Battles</STRONG></FONT></A><FONT
size=4><STRONG>.”<BR><BR>For inquiries, please contact The Daily Beast at
</STRONG></FONT><A href="mailto:editorial@thedailybeast.com"><FONT
size=4><STRONG>editorial@thedailybeast.com.</STRONG></FONT></A></DIV></DIV></DIV></DIV></DIV></DIV></FONT></DIV></BODY></HTML>