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Culture War Roundup for the week of April 8, 2024

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The guardian on Assange and Biden considering to drop the charges.

Should Biden decide to drop the Assange prosecution it would bring him into line with the previous Democratic administration of Barack Obama. It held back from charging the WikiLeaks founder for fear of infringing freedom of the press rights under the first amendment.

The 18 charges against him were ultimately brought under the presidency of Donald Trump.

To my surprise, this is actually a take echoed by Glenn Greenwood:

So Obama ended eight years in office without indicting Assange or WikiLeaks. Everything regarding Assange’s possible indictment changed only at the start of the Trump administration. Beginning in early 2017, the most reactionary Trump officials were determined to do what the Obama DOJ refused to do: indict Assange in connection with publication of the Manning documents.

The facts go like this:

  • In 2010, Assange fled from Sweden to the UK because he was concerned that his prosecution for some alleged sex crimes was a pretext for extraditing him to the US.
  • In 2012 he took asylum in the Ecuadorian embassy in the UK, citing the same concerns.
  • In May 2017 the Swedish prosecutors dropped their charges
  • In April 2017 the Trump DOJ announced that they wanted to prosecute Assange
  • In 2019 he was arrested in the embassy and has been mostly greenlighted for extradition to the US by now.

The Guardian/Greenwood narrative would have to go like this:

  • When Assange stated that he was afraid that Sweden would extradite him to the US in 2010, he was a poor delusional paranoid, because the Obama DOJ valued freedom of the press and all that. None of the prosecution he faced until 2017 was anything different than what any random citizen of Australia accused of similar crimes would have faced.
  • When the evil Trump DOJ took over, they promptly decided to prosecute Assange, suddenly turning his paranoid delusions into reality and putting pressure on the UK to extradite him for his Wikileaks work.
  • When Joe Biden took over, he just forgot to stop his DOJ from further prosecuting Assange.

My narrative would go something like this:

  • Assange was right that the US was out to get since 2010. The sex crime allegations were played up for political reasons. Sweden would have totally extradited him to the US. The DOJ simply kept their mouths shut because there was no advantage for them to admit they intended to prosecute him while he was out of their reach, and playing the freedom of the press champion made Assange look like a paranoid fool.
  • When the Swedes finally dropped their charges, Assange was still wanted in the UK for skipping bail. For some reason (probably something internal, possibly related to the administration change) the US decided to finally put their cards on the table instead of waiting until he was in UK custody.
  • After Biden took over in 2021 he did not drop the prosecution because getting hold of Assange had been a goal of the US (especially the intelligence community) since 2010, not a partisan Trump pet project.

One question I have is whether Assange’s conviction would even be guaranteed if he was tried in the US.

Here’s the indictment. Almost all the charges are ‘espionage’, and a lot of it seems to rely on proving that Assange knew he was damaging the US and essentially acted as Manning’s handler rather than just using Manning as a source.

That seems like a pretty difficult thing to prove, unlike Snowden Assange didn’t flee to an enemy state, and while he is an asshole it doesn’t seem likely he’s working for the Russians or Chinese. Assange can cite a history of years of working as a journalist/editor of wikileaks in the public interest before he was arrested. Is it not possible that Biden is worried about the risk of Assange being acquitted?

That seems like a pretty difficult thing to prove

I thought there are chat logs of him instructing Manning on what commands he should run to hack the US and exfiltrate secrets? That doesn't strike me as run-of-the-mill journalism at that point.

hack the US

What does that even mean? I don't think Manning hacked anything, let alone "the US".

I have also heard the part where Assange helped Manning with the commands to run to exfiltrate the data, but I wouldn't be so confident that to ban this would define a test that normal journalists would generally pass. Have none of them provided their sources with some kind of technical support, like "here's how you use this camera you asked us to lend you"? What about interviewers that help their interviewees tweak the formulation of a statement that winds up becoming the linchpin of the latter's violation of some confidentiality law, like "S: So what I'm saying is the US r... rev... - J: reverse engineered? - S: ... reverse engineered alien technology, right."?

The indictment argues that Assange believed the evidence would be used to harm the United States and at least implies he had that motive.