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WikiLeaks founder could be charged under Espionage Act

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Ellen Nakashima and Jerry Markon
Washington Post
Nov 30, 2010

Federal authorities are investigating whether WikiLeaks founder Julian Assange violated criminal laws in the group’s release of government documents, including possible charges under the Espionage Act, sources familiar with the inquiry said Monday.

Attorney General Eric H. Holder Jr. said the Justice Department and Pentagon are conducting “an active, ongoing criminal investigation.” Others familiar with the probe said the FBI is examining everyone who came into possession of the documents, including those who gave the materials to WikiLeaks and also the organization itself. No charges are imminent, the sources said, and it is unclear whether any will be brought.

Former prosecutors cautioned that prosecutions involving leaked classified information are difficult because the Espionage Act is a 1917 statute that preceded Supreme Court cases that expanded First Amendment protections. The government also would have to persuade another country to turn over Assange, who is outside the United States.

But the sources, who spoke on the condition of anonymity because the inquiry is rapidly unfolding, said charges could be filed under the act. The U.S. attorney’s office in Alexandria – which in 2005 brought Espionage Act charges, now dropped, against two former pro-Israel lobbyists – is involved in the effort, the sources said.

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This article was posted: Tuesday, November 30, 2010 at 10:27 am





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