ACLU lawyers believe that Trump is likely to prosecute journalists and editors for publishing leaks of classified information, for the first time, using the Espionage Act. So far, the Espionage Act has been used for leaks to the American public only against government officials or former ones, of which I was the first, for the Pentagon Papers in 1971.
There were only two other such prosecutions before Obama; he prosecuted nine cases, or three times as many as all previous presidents together. It’s being taken for granted that Trump will follow Obama’s pattern, but also believed that he will go further to use the Act against reporters for the first time.
The Supreme Court might (or might not) find this application unconstitutional under the First Amendment (though the plain language of the Act–which was meant for spies, not leakers, and used only for spies before my case, applies as well to anyone who copies, holds, or passes on information “related to the national defense” including journalists, publishers (like Julian Assange or the New York Times) or even readers of the newspapers (!) as well as to officials. Continue Reading
In my estimation, there has not been in American history a more important leak than Edward Snowden’s release of NSA material – and that definitely includes the Pentagon Papers 40 years ago. Snowden’s whistleblowing gives us the possibility to roll back a key part of what has amounted to an “executive coup” against the US constitution.
Since 9/11, there has been, at first secretly but increasingly openly, a revocation of the bill of rights for which this country fought over 200 years ago. In particular, the fourth and fifth amendments of the US constitution, which safeguard citizens from unwarranted intrusion by the government into their private lives, have been virtually suspended.
ELLSBERG: Julian Assange is not a criminal under the laws of the United States. I was the first one prosecuted for the charges that would be brought against him. I was the first person ever prosecuted for a leak in this country—although there had been a lot of leaks before me. That’s because the First Amendment kept us from having an Official Secrets Act. . . . The founding of this country was based on the principle that the government should not have a say as to what we hear, what we think, and what we read. . . .
If Bradley Manning did what he’s accused of, then he’s a hero if mine and I think he did a great service to this country. We’re not in the mess we’re in, in the world, because of too many leaks. . . . I say there should be some secrets. But I also say we invaded Iraq illegally because of a lackof a Bradley Manning at that time.