What should Julian Assange be charged with?

[J. J.]

The state shouldn't exist?  Pure anarchy doesn't work.

Well it does, but that's not the pertinent issue here. Let's focus on why the State is addicted to committing crimes and then arresting people for exposing said crimes.

What crimes were committed as evidenced by this release of documents?

Well, here is an interesting question.

Somebody sends me a secret document, directly, in the mail.  I scan it, and place it online.  I probably can't be charged with espionage.

Maybe, publishing secret documents, but what if it's from China?  I have not broken any US laws.  Do I have an obligation to obey the laws of another country that I've never visited?  I didn't hack a computer in China; I was just sitting in my house when the mail showed up.

[J. J.]

The state shouldn't exist?  Pure anarchy doesn't work.

Well it does, but that's not the pertinent issue here. Let's focus on why the State is addicted to committing crimes and then arresting people for exposing said crimes.

What crimes were committed as evidenced by this release of documents?

Well, here is an interesting question.

Somebody sends me a secret document, directly, in the mail.  I scan it, and place it online.  I probably can't be charged with espionage.

Maybe, publishing secret documents, but what if it's from China?  I have not broken any US laws.  Do I have an obligation to obey the laws of another country that I've never visited?  I didn't hack a computer in China; I was just sitting in my house when the mail showed up.

If it's a document that's property of the U.S., you can be charged.  That doesn't mean you'll be extradited...

For what?  The document showed up.  I didn't steal it?

[J. J.]

The state shouldn't exist?  Pure anarchy doesn't work.

Well it does, but that's not the pertinent issue here. Let's focus on why the State is addicted to committing crimes and then arresting people for exposing said crimes.

What crimes were committed as evidenced by this release of documents?

Well, here is an interesting question.

Somebody sends me a secret document, directly, in the mail.  I scan it, and place it online.  I probably can't be charged with espionage.

Maybe, publishing secret documents, but what if it's from China?  I have not broken any US laws.  Do I have an obligation to obey the laws of another country that I've never visited?  I didn't hack a computer in China; I was just sitting in my house when the mail showed up.

If it's a document that's property of the U.S., you can be charged.  That doesn't mean you'll be extradited...

For what?  The document showed up.  I didn't steal it?

That doesn't matter.  Both 18 U.S.C. § 798 and 793 have sections that say you can be charged for either posession or even the transmission and/ or publication of classified documents.

And I think that's going to be your first amendment issue.

[J. J.]

And that may happen.  I'm not going to speculate as to what the Court would do here, but I do think that he could at least be charged under one of the statutes I noted.  Now, could it be challenged?  Of course.  I just don't know which way the SCOTUS would decide.

There is a jurisdictional problem as well.

How does US statute apply to a non citizen outside of any US territory and not having any direct dealing with the US?  How is Assange even under the jurisdiction of US law?

You can say that violates a statute, but how does Assange suddenly fall under the statute?  We can legally limit the actions of US citizens abroad; we can limit what a non-citizen does in the US, or it territories.  How does the statute extend to non-citizens that are not within US jurisdiction?

[J. J.]

In any case, I suspect that Time is gonna name Assange Person of the Year 2010. This is if they stick to the actual definition of "for better or for worse, ...has done the most to influence the events of the year."

Full list of candidates:
http://www.time.com/time/specials/packages/completelist/0,29569,2028734,00.html

He surely won't be beaten by Lady Gaga.

His chances could be hurt by Time's recent reluctance to select perceived enemies of the United States though (despite the fact that even Hitler was Person of the Year once).

As they did with the Ayatollah Khomeini.  They just did a cover story on Assange.

[J. J.]

I believe whoever is leaking things to him is probably breaking his NDA that he signed.

And I'm not content to think it's some lowly service man leaking it.......I think he has a very high placed source.

Maybe they figured out Biden's password?  "coke&hookers123" or something, probably.

I'd like to think it's "thisisabigf****ingpassword"

Don't be silly.  Biden would be using Lord Kinnock's password.