Monthly Archives: December 2010

Can the U.S. Bring Assange to Justice |Wall Street Journal

As of Tuesday, WikiLeaks founder Julian Assange is in British custody on charges of having committed sex crimes in Sweden. Despite his arrest, WikiLeaks volunteers continue to release classified U.S. documents, and the U.S. Justice Department is still investigating whether publishing the secrets constitutes a crime. On that point, U.S. law presents significant hurdles—but they are not insurmountable.

Putting aside the extradition issues, the pertinent statute is the Espionage Act of 1917. That law makes it a crime to disclose information “relating to the national defense” to “any person not entitled to receive it.” Mr. Assange has clearly done this. But the law further requires that the perpetrator acted with “reason to believe” that the secret information “could be used to the injury of the United States.” Courts have interpreted this to mean that the disclosure must have been made with a “bad faith” purpose. Some contend that proving WikiLeaks’ bad faith might be tricky. Continue reading

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The FBI Bungles on Terror Against | New York Post

THE FBI’s failure to see clear warning signs in the Fort Hood case revives the ques tion of whether it’s up to the task of countering terrorism.

Before his murderous rampage, Maj. Nidal Malik Hasan was exchanging e-mails with a radical Yemen-based imam with ties to the 9/11 hijackers. FBI investigators examined intercepts — and, finding that their “content was explainable by his research,” concluded “that Hasan was not involved in terrorist activities or terrorist planning.” It did not warn the Army of the potential menace. Continue reading

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