WikiLeaks, the law, and an unlikeable leader
Exploring the prospects of a prosecution of WikiLeaks and its leader, Julian Assange, under the Espionage Act of 1917 and other laws. Thank you to the readers who suggested questions for the panelists, who were: Abbe D. Lowell, the noted defense attorney; Paul Rosenzweig, a former policy official at the Department of Homeland Security; and Prof. Stephen I. Vladeck at American University.The traditional way to handle this sort of thing is to write a story, a summary, but there are so many issues in play that I thought this was one where it's best to have you hear directly from specialists in the field. We have three distinguished participants, and there's a great deal of subtlety in their answers. Selecting a couple of quotes, or a tally of their "votes" on an issue, wouldn't depict that complexity.
The discussion roamed from WikiLeaks itself to the First Amendment implications of such a case, to the weaknesses of a prosecution and a defense, to the changes needed in the Espionage Act and other laws.
It's not the most important legal point, but it's notable that the three panelists all offered similar answers to the question, what is a weakness for the defense. The answer: the defendant. His statements and demeanor will hurt him with a judge and jury.
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