Scary action against Democracy in USA ....

martin.


Begin forwarded message:

> From: Portside Moderator <[email protected]>
> Date: 17 December 2010 03:19:11 GMT
> To: [email protected]
> Subject: Conspiracy Charges Against Assange and Manning? (multiple posts)
> Reply-To: [email protected]
> 
> Conspiracy Charges Against Assange and Manning? (multiple
> posts)
> 
> 1. A sad day for the US if the Espionage Act is used against 
>   WikiLeaks (Stephen M. Kohn in the Guardian)
> 
> 2. U.S. Conspiracy Charges Prepared Against Assange, Manning
>   (Tom Hayden - The Peace and Justice Resource Center)
> 
> 3. Global Support for WikiLeaks is "Rebellion" Against U.S. 
>   Militarism, Secrecy (John Pilger - Democracy Now!)
> 
> ==========
> 
> A sad day for the US if the Espionage Act is used against
> WikiLeaks
> 
> Resurrecting the 1917 law would be a mistake: it has a
> history of being used to suppress dissent
> 
> by Stephen M. Kohn
> 
> Guardian (UK)
> 
> December 15, 2010
> 
> http://www.guardian.co.uk/commentisfree/libertycentral/2010/dec/15/wikileaks-us-espionage-act
> 
> Numerous US officials are calling for a resurrection of the
> US Espionage Act as a tool for prosecuting WikiLeaks. The
> dusting-off of the old law is all but certain. But the
> outcome of the constitutional dust-up that is sure to follow
> will result in triumph or tragedy for the US bill of rights.
> 
> In 1917, in the midst of a war hysteria, the United States
> passed the Espionage Act. The law has nothing to do with
> prosecuting spies. From its inception, it had everything to
> do with suppressing dissent. The Great War was unpopular
> with many Americans, very like today's engagements in Iraq
> and Afghanistan.
> 
> Make no mistake about it. The Espionage Act targeted
> political dissidents. Senator Kenneth McKellar of Tennessee
> offered a simple defence of the law when it was introduced
> to Congress: "If we cannot reason with men to be loyal, it
> is high time we forced them to be loyal." Others, such as
> Congressman William Green of Iowa, were more blunt. His
> statement resembled modern calls supporting the execution of
> the suspected WikiLeaks "whistleblower" Bradley Manning:
> "For the extermination of these pernicious vermin no
> measures can be too severe."
> 
> The Espionage Act wreaked havoc on the American political
> left, destroying the young American Socialist party and one
> of its most progressive unions, the Industrial Workers of
> the World. Many others, including intellectuals,
> journalists, film producers and pacifist religious figures
> were also prosecuted. Prison terms were long, and some
> political prisoners died in federal jails. The abuses under
> the law were legendary, and mark a sad day in US history.
> 
> Why is the threat to prosecute WikiLeaks under the Espionage
> Act so potentially destructive? The law is not restricted to
> properly prohibiting the release of classified information.
> The law is not restricted to protecting legitimate
> government secrets. The law broadly prohibits any
> publication by anyone (newspapers included) of information
> related to national security, which may cause an "injury to
> the United States".
> 
> Who determines whether national security is actually at
> stake? Who determines what constitutes an "injury to the
> United States"? In 1917 the courts bent over backwards to
> permit the justice department to indict and prosecute
> thousands of dissidents. Loyalty to America meant nothing.
> The first amendment's protections for freedom of speech were
> mocked. Opposition to US war policies dictated who was
> jailed.
> 
> There are responsible mechanisms policing truly abusive
> leaks. The Espionage Act is not such a tool.
> 
> The attorney general should stop trying to resurrect the
> Espionage Act, and instead dust off his copy of the US
> constitution. If he has any question as to the meaning of
> the first amendment, he should read James Madison's 1789
> speech, in which he introduced the bill of rights in the
> first Congress of the United States: "Freedom of the press,
> as one of the great bulwarks of liberty, shall be
> inviolable."
> 
> [Stephen M Kohn is an attorney and a leading advocate for
> corporate and government whistleblowers. A respected scholar
> as well as a litigator, he has testified in Congress on
> behalf of whistleblowers and worked with the Senate
> Judiciary staff to draft corporate whistleblower protections
> under the Sarbanes-Oxley Act.]
> 
> ==========
> 
> U.S. Conspiracy Charges Prepared Against Assange, Manning
> 
> by Tom Hayden
> The Peace and Justice Resource Center
> 
> December 15, 2010
> 
> http://tomhayden.com/home/us-conspiracy-charges-prepared-against-assange-manning.html
> 
> Inside sources say the U.S. Justice Department is preparing
> charges of conspiracy to violate espionage and computer
> protection laws against Julian Assange, in order to avoid
> bringing charges against mainstream media outlets such as
> the New York Times.
> 
> The indictment is being prepared by a secret federal grand
> jury organized by the Justice Department in Alexandria,
> Virginia, and is expected to name imprisoned American
> soldier Bradley Manning as a co-conspirator. Other American
> professors and technicians will likely be charged with
> accessory roles.
> 
> The government has intercepted email communications between
> Assange and Manning over a period of time.
> 
> Those who say there is no basis for the prosecution are
> "dead wrong," says one source close to the proceedings. "The
> government is going to avoid all the freedom of the press
> issues," the source added.
> 
> The 1917 Espionage Act includes a provision on conspiracy.
> In addition, a 1985 law dealing with computer protection
> will be employed to gain the indictment.
> 
> The speed of the U.S. grand jury process underscores the
> legal and political importance of any extradition hearing in
> the UK or Sweden, where Assange is facing possible charges
> of non-consensual sex. An extradition hearing now is
> scheduled for January 11 in London
> 
> [Tom Hayden is a leading voice for ending the wars in
> Afghanistan, Iraq, and Pakistan, for erasing sweatshops,
> saving the environment, and reforming politics through a
> more participatory democracy. He currently writes for The
> Nation and organizes, travels and speaks constantly against
> the current wars as founder and Director of the Peace and
> Justice Resource Center in Culver City. He also recently
> drafted and lobbied successfully for Los Angeles and San
> Francisco ordinances to end all taxpayer subsidies for
> sweatshops. Hayden served 18 years in the California
> legislature, chairing key committees on the environment,
> higher education and labor, has recently taught at 
> Scripps College and Pitzer College in Claremont, California,
> Occidental College, and Harvard University's Institute of
> Politics.]
> 
> ==========
> 
> John Pilger: Global Support for WikiLeaks is "Rebellion"
> Against U.S. Militarism, Secrecy
> 
> Democracy Now!
> 
> December 15, 2010
> 
> http://www.democracynow.org/2010/12/15/john_pilger_journalists_must_support_julian
> 
> The award-winning investigative journalist and documentary
> filmmaker John Pilger is one of many high-profile public
> supporters of Julian Assange and his organization WikiLeaks.
> Pilger has attended Assange's court proceedings in London
> and has offered to contribute funds for his more than
> $300,000 bail. Pilger's latest film, The War You Don't See,
> includes interviews with Assange. Pilger says that WikiLeaks
> is revolutionizing journalism and galvanizing public opinion
> to stand up to global elites. [includes rush transcript]
> 
> LISTEN - WATCH
> 
> Real Video Stream
> http://play.rbn.com/?url=demnow/demnow/demand/2010/dec/video/dnB20101215a.rm&proto=rtsp&start=00:25:12
> 
> Real Audio Stream
> http://play.rbn.com/?url=demnow/demnow/demand/2010/dec/audio/dn20101215.ra&proto=rtsp&start=00:25:12
> 
> AMY GOODMAN: We're continuing with John Pilger, the famed
> Australian filmmaker who has lived in Britain for decades.
> John, your film, The War You Don't See, premiered last night
> on ITV in Britain and in theaters throughout Britain. The
> film features your interview with Julian Assange. This is an
> excerpt.
> 
>    JOHN PILGER: In the information that you have revealed
>    on WikiLeaks about these so-called endless wars, what
>    has come out of them?
> 
>    JULIAN ASSANGE: Looking at the enormous quantity and
>    diversity of these military or intelligence apparatus
>    insider documents, what I see is a vast, sprawling
>    estate, what we would traditionally call the military-
>    intelligence complex or military-industrial complex, and
>    that this sprawling industrial estate is growing,
>    becoming more and more secretive, becoming more and more
>    uncontrolled. This is not a sophisticated conspiracy
>    controlled at the top. This is a vast movement of self-
>    interest by thousands and thousands of players, all
>    working together and against each other.
> 
> AMY GOODMAN: That is an excerpt of the new film that
> premiered last night in Britain, The War You Don't See. John
> Pilger, you know Julian Assange. Talk more about what he's
> saying and about the media's coverage of what WikiLeaks has
> done, from the release of the Iraq war logs to those in
> Afghanistan to now this largest trove of U.S. diplomatic
> cables ever released in history, John.
> 
> JOHN PILGER: Well, what Julian Assange and WikiLeaks is
> doing is what journalists should have been doing. I mean, I
> think you mention the reaction to him. Some of the
> hostility, especially in the United States, from some of
> those very highly paid journalists at the top has been quite
> instructive, because I think that they are shamed by
> WikiLeaks. They are shamed by the founder of WikiLeaks, who
> is prepared to say that the public has a right to know the
> secrets of governments that impinge on our democratic
> rights. WikiLeaks is doing something very Jeffersonian. It
> was Jefferson who said that information is the currency of
> democracy. And here you have a lot of these famous
> journalists in America are rather looking down their noses,
> at best, and saying some quite defamatory things about
> Assange and WikiLeaks, when in fact they should have been
> exploiting their First Amendment privilege and letting
> people know just how government has lied to us, lied to us
> in the run-up to the Iraq war and lied to us in so many
> other circumstances. And I think that's really been the
> value of all this. People have been given a glimpse of how
> big power operates. And they're-it's coming from a
> facilitator, it's coming from these very brave
> whistleblowers. And in my film, Julian Assange goes out of
> his way to celebrate the people within the system who he
> describes as the equivalent of conscientious objectors
> during the First World War, these extraordinarily courageous
> people who were prepared to speak out against that
> slaughter. All the Bradley Mannings and others are
> absolutely heroic figures. There's no question about that.
> 
> In my film, I also went to Washington, and I interviewed the
> Assistant Secretary of Defense, Bryan Whitman, the man who's
> been in charge of media operations, as they call it, through
> a number of administrations. And I asked him to give a
> guarantee that Julian Assange would not be hunted down, as
> the media was describing it. And he said he wasn't in a
> position to give that guarantee. So, I think we're in a
> situation here, Amy, where people have to speak out. This is
> a very fundamental issue, and the people we need to speak
> out most of all are those with the privilege of the media,
> with the privilege of journalism, because this is about free
> information. This is about letting us know truths that we
> have to know about if we are to live in any form of
> democracy.
> 
> AMY GOODMAN: The nationwide warning that has gone out has
> been remarkable, John. Democracy Now! obtained the text of a
> memo that was sent to employees at USAID, thousands of
> employees, about reading the recently leaked WikiLeaks
> documents. The memo reads in part, quote, "Any classified
> information that may have been unlawfully disclosed and
> released on the Wikileaks web site was not 'declassified' by
> an appropriate authority and therefore requires continued
> classification and protection as such from government
> personnel... Accessing the Wikileaks web site from any
> computer may be viewed as a violation of the SF-312
> agreement... Any discussions concerning the legitimacy of
> any documents or whether or not they are classified must be
> conducted within controlled access areas (overseas) or
> within restricted areas (USAID/Washington)... The documents
> should not be viewed, downloaded, or stored on your USAID
> unclassified network computer or home computer; they should
> not be printed or retransmitted in any fashion."
> 
> It's gone out to agencies all over the government. State
> Department employees have been warned, again, not only on
> their computers where they're blocked at work, but at home.
> People who have written cables are not allowed to put in
> their names to see if those cables come up. Graduate
> schools, like SIPA at Columbia University, an email was sent
> out from the administration saying the State Department had
> contacted them and that if they care about their futures in
> government, they should not post anything to Facebook or
> talk about these documents.
> 
> And then you have Allen West, one of the new Republican
> Congress members-elect, who called for targeted news outlets
> that publish the cables. In a radio interview,
> Congressmember West-well, Congressmember-elect West, called
> for censoring any news outlets that run stories based on the
> cables' release. This is what he said.
> 
>    ALLEN WEST: Here is an individual that is not an
>    American citizen, first and foremost, for whatever
>    reason, you know, gotten his hands on classified
>    American material and has put it out there in the public
>    domain. And I think that we also should be censoring the
>    American news agencies which enabled him to be able to
>    do this and then also supported him and applauded him
>    for the efforts. So, that's kind of aiding and abetting
>    of a serious crime.
> 
> AMY GOODMAN: And speaking of crimes, another Congress
> member, longtime Congressmember Peter King from here in New
> York, has called for the classifying of WikiLeaks as a
> foreign terrorist organization. I did my column this week
> talking about "'Assangination': From Character Assassination
> to the Real Thing" and the calls of Democratic consultants
> like Bob Beckel on Fox Business News for Julian Assange to
> be killed. He said he doesn't agree with the death penalty,
> so he should be "illegally" killed, maybe taken out by U.S.
> special forces. John Pilger?
> 
> JOHN PILGER: Look, Amy, I thought you were reading out there
> several passages from 1984. I don't think Orwell could have
> put it even better than that. Surely, we mustn't think these
> things. I'm thinking it at the moment. So if I was over
> there, I must be guilty of something, and therefore I should
> be illegally taken out.
> 
> Look, there's always been-as you know better than I, there's
> always been a tension among the elites in the United States
> between those who pay some sort of homage, lip service, to
> all those Georgian gentleman who passed down those tablets
> of good intentions all that long time ago and a bunch of
> lunatics. But they're powerful lunatics. They're-perhaps
> "lunatics" is not quite right. They're simply totalitarian
> people. And up they come in anything like this. I see-I read
> this morning that the U.S. Air Force has banned anybody
> connecting with it from reading The Guardian. So, everyone
> is banned from doing things and banned from thinking and so
> on.
> 
> They won't get away with it. That's the good news. They are
> hyperventilating, and they're hysterical, and so be it, but
> they won't get away with it. There are now two genuine
> powers in the world. We know about U.S. power. But that
> great sleeper, world public opinion, world decency, if you
> like, if I'm not being too romantic about it, is waking up.
> And the scenes outside the court yesterday went well beyond,
> I think, just the WikiLeaks issue. It is something else.
> WikiLeaks has triggered something. And I don't think it will
> be the proverbial genie being stuffed back in the bottle,
> either. So, you know, world opinion is-when it stirs, when
> it moves, when it starts to come together collectively to do
> things that are important to us all, it's a very formidable
> opponent to those totalitarian people who you've just
> quoted. So I'm rather more optimistic.
> 
> The immediate thing is to free Julian Assange. And I'm
> hoping that will happen tomorrow at the High Court. I should
> just add, you know, Mark Stephens was very eloquently
> describing the case. But, you know, the absurdity of this
> case is that a senior prosecutor in Sweden threw this thing
> out. And I've seen her papers. And she was left-she leaves
> us in no doubt there was absolutely no evidence to support
> any of these misdemeanors or crimes, or whatever they're
> meant to be, at all. It was only the intervention of this
> right-wing politician in Sweden that reactivated this whole
> charade. So, in a way, it is perhaps symbolic of the kind of
> charades, rather lethal charades, that we've seen on a much
> wider scale in relation to the invasions of Iraq and
> Afghanistan and other issues that have involved the deaths
> of literally hundreds of thousands of people around the
> world. So, what we're seeing is a rebellion. Where it will
> go, I'm not quite sure. But it's certainly started, I can
> tell you.
> 
> AMY GOODMAN: John Pilger, I'd like to ask you to stay with
> us as we talk about the wars in Iraq and Afghanistan, as we
> talk about the power of the U.S. government. This week we
> reported on the sudden death of Richard Holbrooke, who has
> played such a key role through four Democratic
> administrations, from Vietnam to Yugoslavia, from Timor to
> Afghanistan, Pakistan and Iraq. And we'd like to talk about
> his legacy and about U.S. foreign policy. You have done a
> number of documentaries related to the areas where he
> worked, and we're also going to be joined by Jeremy Scahill.
> 
> I also want to say, when you talk about a wave of reaction
> against what has happened to Julian Assange, I mentioned
> Columbia's graduate school called SIPA that warned students
> not to post things to Facebook or deal with these issues
> raised by WikiLeaks, but there has been a reversal. Clearly,
> the administration at Columbia has been seriously
> embarrassed, and the dean there has now issued a new
> statement saying that he encourages the discussion of
> issues, wherever those issues may take one. John Pilger,
> stay with us. This is Democracy Now!, democracynow.org, The
> War and Peace Report. Back in a minute.
> 
> ==========
> 
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