Why the Assange Plea Erodes Rule of Law

Biden Frees Julian Assange

In 2010, Assange orchestrated the release of over 250,000 classified U.S. diplomatic cables in what became known as Cablegate. These cables laid bare the inner workings of U.S. foreign policy, revealing confidential communications between the State Department and its embassies around the globe. The fallout was immediate, straining diplomatic relations and exposing sensitive negotiations and candid assessments of foreign leaders.

The same year, WikiLeaks published the Iraq War Logs and the Afghan War Diary, two massive troves of classified U.S. military documents. These leaks detailed the intricacies of the wars in Iraq and Afghanistan, including unreported incidents and the names of local informants and collaborators. This disclosure put countless individuals at risk, exposing them to potential retaliation from insurgent groups.

Perhaps the most shocking release came with the Collateral Murder video, also in 2010. The classified footage showed a U.S. Apache helicopter attack in Baghdad that killed several people, including two Reuters journalists. The harrowing images sparked global outrage and brought public attention to the brutal realities of war, while causing profound distress to the families of the deceased journalists, Namir Noor-Eldeen and Saeed Chmagh.

In 2017, Assange struck again with Vault 7, a series of documents from the CIA’s Center for Cyber Intelligence. These leaks exposed sophisticated tools and methods used by the CIA for cyber-espionage and hacking, compromising the security and operational integrity of intelligence personnel and ongoing operations. The release of such detailed information posed a significant threat to national security, offering adversaries a blueprint of U.S. cyber capabilities.

The ripple effects of Assange’s actions have been profound. The disclosure of the Iraq and Afghan war logs alone jeopardized the lives of local informants and collaborators. Diplomatic relations were strained, intelligence and security personnel were endangered, and the general-public faced increased risks as national security was potentially compromised.

Biden Administration Cuts a Deal

The Biden administration has cut a deal with Wikileaks founder Julian Assange, which will permit him to return to his home country of Australia. Assange was indicted under the Espionage Act in 2019 by Donald Trump’s administration.

Why Saipan?

The case was filed in Saipan, 7,800 miles from Washington, and the Prosecutors that were pursuing the case.

Why?

The Biden narrative is that it’s closer to his home, and he can fly back quicker. The Government has never been so concerned about the convenience of a defendant. Instead, this occurs in the 9th Circuit, which governs Saipan. For those who’ve never practiced there, this has important impacts on a Federal defendant. It’s a more defense-friendly environment with judges that sentence lower than anywhere in the country and with a Supreme Court justice overseeing the circuit that is more likely to back the Biden administration and its goals.

This is why it was the first choice of Assange’s counsel, Barry Polluck, who would naturally seek a more defense-friendly environment. Polluck argued that Assange could not get a fair trial or sentencing in the United States because of the publicity. The Government conceded to that request, an extraordinary concession given that a former United States President is being prosecuted in the D.C. Circuit currently.

After exchanging friendly quips with the judge, he was sentenced to much less than his “co-conspirator,” Chelsea Manning, who Former President Obama later pardoned.

The Plea Hearing

During the Plea Hearing, Assange took a unique stance. Unlike a typical guilty plea, he did not accept responsibility for his crimes. This non-standard approach, standing before Judge Manglona, was a clear rejection of the usual legal process and requirement that he accept responsibility:

I believe the first amendment and the espionage act are in contradiction with each other but I accept that it would be difficult to win such a case given all the circumstances.

In addition he said:

Working as a journalist I encouraged my source to provide information that was said to be classified in order to publish that information. I believed the first amendment protected that activity but I accept that it was… a violation of the espionage statute.

The Plea

Assange pleaded guilty to “information,” which is not an indictment handed down by a grand jury but rather a specifically negotiated document that likely removes certain language that Assange Disagrees with.

Pursuant to the expected terms of the plea agreement, he will be released pending sentencing and likely sentenced to “time served,” which will permit him to return to Australia.