December 16, 2010
— Ace Conspiracy is the best avenue for a conviction, in terms of legal principle, but it will be hard to prove.
Assange obviously can't be convicted of treason -- he's not an American. And it's hard to get him on disseminating classified information, as the MFM specializes in that sort of sedition, and such a prosecution probably isn't going to come from the Obama Administration. As a purely legal matter, the First Amendment doesn't give you license to break the law, but judges tend to take what they call "policy considerations" into account.
Conspiracy seems harder to prove but less likely to ruffle media feathers. Encouraging someone to commit a crime is a crime anywhere.*
Federal prosecutors, seeking to build a case against the WikiLeaks leader Julian Assange for his role in a huge dissemination of classified government documents, are looking for evidence of any collusion in his early contacts with an Army intelligence analyst suspected of leaking the information.
Justice Department officials are trying to find out whether Mr. Assange encouraged or even helped the analyst, Pfc. Bradley Manning, to extract classified military and State Department files from a government computer system. If he did so, they believe they could charge him as a conspirator in the leak, not just as a passive recipient of the documents who then published them.Among materials prosecutors are studying is an online chat log in which Private Manning is said to claim that he had been directly communicating with Mr. Assange using an encrypted Internet conferencing service as the soldier was downloading government files. Private Manning is also said to have claimed that Mr. Assange gave him access to a dedicated server for uploading some of them to WikiLeaks.
If Manning's telling the truth, I imagine he'd have those records, somewhere, or they'd be discoverable. On the other hand, I don't know tech at all, and it's completely possible (all things are possible to the ignorant, as I am) that Assange pulled some hacker trick so that Manning would have no record of their correspondence.
I know people are going to say "prosecute him under the Espionage Act," and I agree, but it's never a bad thing to have a Plan B. Plus, I just don't think Obama or Holder, confirmed men of the left, are going for Plan A.
* Yes, I am aware that the media does this, too, the encouragement of/ facilitation of the crime of disseminating classified information. So I do get the objection that any media type who would object to a prosecution based on the Espionage Act has a very similar rationale to oppose a prosecution based on conspiracy.
I'm not sure why I think it's a little different -- I just do. I guess maybe because it's one step removed from the crime the media wants to engage in (dissemination of classified information).
One thing I don't know about is just assassinating him. I know that's a popular cry, but obviously it would be controversial, and obviously President Prissypants isn't going to do that. Beyond that, though, I have trouble conceiving of assassinating someone for doing what in their minds is the right thing to do, and, from a certain point of view (that is, a certain mode of thinking) is a plausibly right thing to do.
That seems to me to sort of being imposing the death penalty over a difference in philosophy. I don't like leftists, and I'm no fan of Assange's, but I don't know if I could (if I had the power) decide that I was so sure of my point of view that I could sentence a man to death for disagreeing with me.
A moot point, given that Obama definitely isn't going to kill a lefty hero. But I wonder where I'd be if the situation weren't hypothetical, if, say, the President were Dick "Warcock" Cheney and this was at least a live possibility. I think even a Cheney would refuse to order the hit, and I'm pretty sure I'd back him up.
Posted by: Ace at
08:04 AM
| Comments (79)
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Posted by: Ben at December 16, 2010 08:06 AM (wuv1c)
Plan C, hire someone to kill him. I'm always told we're evil murderers. I seem to remember the left claiming John Negroponte ran death squads in south america, well let's see if that's true.
Anyone have a poison tipped umbrella?
Or how about we call in a solid from the Israeli's?
Posted by: Ben at December 16, 2010 08:08 AM (wuv1c)
Well - now that we can ask and Private Manning can tell, I don't see why this should take very long.
Posted by: garrett at December 16, 2010 08:09 AM (z8dhf)
Posted by: The Mega Independent at December 16, 2010 08:09 AM (tKzMt)
Posted by: Moi at December 16, 2010 08:09 AM (Ez4Ql)
Or Plan B.
Or any other plan.
Posted by: SlaveDog at December 16, 2010 08:10 AM (H6Jyg)
Posted by: garrett at December 16, 2010 08:11 AM (z8dhf)
Posted by: joncelli© at December 16, 2010 08:11 AM (RD7QR)
Posted by: OSUsux at December 16, 2010 08:11 AM (DFXmi)
Conspiracy is an elastic concept. Nailing Ass-hange on conspiracy would not make the MFM happy. They would shit bricks over a conspiracy conviction, in fact, because their MO could easily be found by a jury to fit within loosey-goosey "conspiracy."
Look for the MFM to come out hard against a conspiracy prosecution, and look for Holder to react to that blowback the same way he has reacted to the 'GITMO trials in NYC' blowback; ie, he will stall as long as possible, and then decide to spend more time with his family.
WILL NEVER HAPPEN.
Posted by: palinbot #2,503,588 at December 16, 2010 08:12 AM (K/USr)
It actually hails back to the BS PP case, not because that case said you could not prosecute the press for disseminating secrets (as the MFM says). But because that case said that the government had to show cause for preventing the printing and prosecute after the fact. Also, the government had to show actual harm to national security that was caused by the publishing of the secrets.
That is where the killer arises. In order show actual harm, in most cases the government would have to divulge even more secrets (and also in discovery).
This is why shit that happened in the Bush adm with the assholes at the NYT never got prosecuted.
Posted by: Vic at December 16, 2010 08:13 AM (e4sSD)
Posted by: The Mega Independent at December 16, 2010 08:13 AM (tKzMt)
Prosecuting him would be "homo-hate." Haters.
Posted by: HeatherRadish rolled her eyes so hard they got stuck at December 16, 2010 08:14 AM (4ucxv)
Posted by: The Mega Independent at December 16, 2010 08:15 AM (tKzMt)
Posted by: baldilocks at December 16, 2010 08:16 AM (Jm5TR)
It's more of a "comfy chairs, DVD new releases, and ice-cream at Gitmo" statute. Sigh.
Posted by: HeatherRadish at December 16, 2010 08:17 AM (4ucxv)
Posted by: blaster at December 16, 2010 08:20 AM (MrMxG)
Posted by: Bosk at December 16, 2010 08:22 AM (pUO5u)
Posted by: FlaviusJulius at December 16, 2010 08:23 AM (SJ6/3)
Posted by: joncelli© at December 16, 2010 08:23 AM (RD7QR)
Posted by: steevy at December 16, 2010 08:28 AM (FP3hF)
Stealing confidential wartime intelligence and delivering it to our enemies (whether via an old school dead-drop or just blasting it all over the Internet) makes one an enemy combatant in my book. I know my book isn't the one that counts, but I'd hang the fucker. Why waste a bullet?
Posted by: Lincolntf at December 16, 2010 08:29 AM (MiG8u)
Posted by: momma at December 16, 2010 08:30 AM (penCf)
Posted by: nevergiveup at December 16, 2010 08:30 AM (0GFWk)
Posted by: nevergiveup at December 16, 2010 08:30 AM (0GFWk)
Someone knew these papers were being copied. Someone, somewhere, higher up knew.
So, who else turned a blind eye?
Posted by: momma at December 16, 2010 08:31 AM (penCf)
I'd like to see hangings for espionage back in vogue.
Hey, it's the 21st Century. Pay-per-view!
Also, I'd like to see enemy combatants executed after some Jack Bauer style interrogation. That would stop the TSA grope-athon because it would send and unmistakeable message that we aren't going to tolerate terrorism in any form.
Posted by: BackwardsBoy at December 16, 2010 08:31 AM (b6qrg)
Posted by: Noted Ace of Spades psychologist Country Joe and the Fish at December 16, 2010 08:32 AM (le5qc)
Posted by: baldilocks at December 16, 2010 12:16 PM (Jm5TR)
That's a pretty serious charge. Care to elaborate on your reasons?
Posted by: maddogg at December 16, 2010 08:32 AM (OlN4e)
Posted by: archie bunker at December 16, 2010 08:33 AM (0YS61)
Posted by: nevergiveup at December 16, 2010 08:33 AM (0GFWk)
Someone knew these papers were being copied.
Unfortunately--no.
If you have read the previous posts on this issue that was the big gaping, terrifying hole revealed in DoD cybersecurity: One could (I hope it's past tense now), download huge amounts of data and it triggered no alarm bells. Sad, but true.
Posted by: Circa (Insert Year Here) at December 16, 2010 08:34 AM (B+qrE)
Posted by: JackStraw at December 16, 2010 08:36 AM (TMB3S)
Posted by: nevergiveup at December 16, 2010 12:30 PM (0GFWk)
Nah. Not during hell week, but maybe he could be roughed up a bit.
A guy like him, how cool would it be to 'leak' pics of him pissing his pants cuz he's forced to stand in ankle deep water with his rifle over his head for 8 - 10 hours? Pic of him puking cuz he's forced to run 10 miles with all his gear?
I think he needs to be a victim of his own devices.
Then he can be sentenced to life in prison. Death. I don't care. But we need to send a message. Obama has made us look like a pansie nation. We need to change that.
Posted by: momma at December 16, 2010 08:37 AM (penCf)
Beyond that, though, I have trouble conceiving of assassinating someone for doing what in their minds is the right thing to do, and, from a certain point of view (that is, a certain mode of thinking) is a plausibly right thing to do.
Really? we kind of have a history of killing people that not only don't agree with us politically but believe they are totally right thinking that way when they are trying to harm our country. We've fought several wars and hanged several spies.
Posted by: robtr at December 16, 2010 08:37 AM (hVDig)
Posted by: FlaviusJulius at December 16, 2010 08:40 AM (SJ6/3)
Posted by: FlaviusJulius at December 16, 2010 08:41 AM (SJ6/3)
Yet this is the same guy that asked the court not to reveal the address where he was staying.
Well, now, wait just a minute here. Julia, how come you think it's so damned important to leak all kinds of information to damage us, but you want your information kept secret?
I seem to sense a slight discrepancy in your actions, Julie.
Posted by: BackwardsBoy at December 16, 2010 08:42 AM (b6qrg)
A moot point, given that Obama definitely isn't going to kill a lefty hero. But I wonder where I'd be if the situation weren't hypothetical, if, say, the President were Dick "Warcock" Cheney and this was at least a live possibility. I think even a Cheney would refuse to order the hit, and I'm pretty sure I'd back him up.
Is there a down side to some anonymous agent taking Asswedge out? Maybe I don't consider the anger of leftards a downside as compared to the reluctance of the next Asswedge to publish or even seek secrets that got the original killed like a tick caught sucking on a redneck's scrotum.
Posted by: maddogg at December 16, 2010 08:43 AM (OlN4e)
Posted by: MaxMBJ at December 16, 2010 08:45 AM (nZ34l)
Posted by: baldilocks at December 16, 2010 08:45 AM (Jm5TR)
Unfortunately--no.
If you have read the previous posts on this issue that was the big gaping, terrifying hole revealed in DoD cybersecurity: One could (I hope it's past tense now), download huge amounts of data and it triggered no alarm bells. Sad, but true.
I have read the previous posts. I have also talked to my many family members in the service right now, and they all have said that someone knew. They say that it doesn't pass the smell test. None of them could give me specifics, but the entire chain of events is off. Not that the mf traitor had clearance, or that he was one of millions, but that no one noticed his actions.
They keep saying that it is easier to get away with a tank, rpgs, etc., than it is to take information.
Posted by: momma at December 16, 2010 08:45 AM (penCf)
Posted by: baldilocks at December 16, 2010 08:48 AM (Jm5TR)
Posted by: steevy at December 16, 2010 08:48 AM (FP3hF)
Posted by: The Gleen(s), conspiracy mongering in his camo chaps at December 16, 2010 08:49 AM (GwPRU)
Posted by: republicanmother at December 16, 2010 08:52 AM (4JT7Z)
Posted by: Osama Bin Laden at December 16, 2010 08:52 AM (5Ji3q)
First we need to repeal the 8th amendment and reword the parts dealing with treason.
Then we need to prosecute the asshole that stole the secrets and gave them to ahsausage for treason. Once convicted he would be punished under the old penalties for treason. He would be drawn and quartered in public.
As for Ahsausage, he would be prosecuted under the British secrets law (we would have to have a new President for that). He would be housed for 99 years in the old Bailey with his cohorts where he would be assraped every day. He may like it initially but after the first 20 years or so when he would have to wear a man-diaper he would get tired of it.
Posted by: Vic at December 16, 2010 08:59 AM (e4sSD)
Posted by: Lincolntf at December 16, 2010 09:00 AM (MiG8u)
Now, if he were to turn up dead of a drug overdose, with supplies and kiddie porn scattered about the room...
Posted by: AoSHQ's DarkLord© at December 16, 2010 09:00 AM (GBXon)
Yeah. Because maybe it wasn't on WikiLeaks (if there even is a "WikiLeaks"); and maybe it wasn't Assange but an impostor taking credit all these months etc.
Posted by: andycanuck at December 16, 2010 09:01 AM (KHKnV)
Posted by: cali grump at December 16, 2010 09:10 AM (hL0k8)
Posted by: MaxMBJ at December 16, 2010 09:10 AM (nZ34l)
The only thing missing from this equation is a CinC with an actual pair keeping his pants pockets apart.
Posted by: Drumwaster at December 16, 2010 09:13 AM (dWFSK)
Posted by: MaxMBJ at December 16, 2010 01:10 PM (nZ34l)
That analogy does not wash. Climate leaks were not classified and there were no "hacks". The data was not stolen.
Posted by: Vic at December 16, 2010 09:20 AM (e4sSD)
Posted by: MaxMBJ at December 16, 2010 09:27 AM (nZ34l)
Irrespective of what his lawyers think, Assflange has much less of a case- if any at all. Conspiracy will stick, even though my preference is ending this with extreme prejudice. We can call his latter tact, collateral murder.
Posted by: James Madison at December 16, 2010 09:31 AM (CHrmZ)
Don't sprain your brain with all that thinking, dunce.
Posted by: toby928™ at December 16, 2010 09:33 AM (S5YRY)
I would have executed Klaus Fuchs, and we DID execute the Rosenbergs. This is not a case of killing someone who disagrees, it is a case of killing someone who not only disagrees, but acts on that disagreement in such a way as to put at risk the lives of thousands of people.
He likes to play god with other people's lives. He should get a taste of his own medicine.
Posted by: DiogenesLamp at December 16, 2010 09:41 AM (/G5LI)
Posted by: Empire of Jeff in 2012 at December 16, 2010 09:41 AM (Idoz0)
Julius and Ethel Rosenberg thought they were doing the right thing when they gave our atomic secrets to the Soviets. How is that a defense?
Culling the local hobo population is the right thing to do, but no doubt I will eventually hang for it.
Posted by: Empire of Jeff in 2012 at December 16, 2010 01:41 PM (Idoz0)
Exactly. I can't believe Ace wrote that.
Posted by: DiogenesLamp at December 16, 2010 09:45 AM (/G5LI)
Manning leaked secret info to a foreign media outlet while in the US military. He is going to prison for this.
Attempting to punish a FOREIGN reporter for publishing this stuff outside of the US is just wrong. Holder is doing this because he needs a scapegoat to be someone not under President Toonces command.
Posted by: Kristopher at December 16, 2010 11:28 AM (cxBLR)
Would you like to see Tea Party organizers have mysterious accidents while visiting Europe on vacation?
Such covert actions are reserved for terrorists and other folks who are at war with us ... not for European reporters who don't like the US. This particular nightmare needs to stay in the box. I do not trust US politicians with the power to execute death warrants against people we are not officially at war with.
Posted by: Kristopher at December 16, 2010 11:33 AM (cxBLR)
Posted by: An Observation at December 16, 2010 02:16 PM (ylhEn)
Posted by: Rasputin at December 16, 2010 04:53 PM (PJ48w)
Posted by: Steve O at December 16, 2010 06:43 PM (DEHX+)
Lemme break it down for ya. Picture some fool sitting in a third rate hotel in a third rate European country, chillin like a villian quietly shopping around a cache of 250K State Dept. documents to the highest bidder. CIA gets wind of the deal, how many hours does the fool make it before some low grade spook gives said fool a fatal case of lead poisioning? I'll tell ya, about six hours and there will be a plane winging its way back to VA with an agent, a briefcase full of CD-Rs and the laptop the guy will be tapping out his report on while drinking a celebratory beverage.
Now add "on the Internet" to the story and ya got normally sensible folk can't even make up their mind if this fool is a hero or a villian. I say it makes no difference except when he gets whacked a little more effort needs to go into covering the tracks.
Posted by: John Morris at December 16, 2010 09:21 PM (sCRhB)
--- Beyond that, though, I have trouble conceiving of assassinating someone for doing what in their minds is the right thing to do, and, from a certain point of view (that is, a certain mode of thinking) is a plausibly right thing to do.
That seems to me to sort of being imposing the death penalty over a difference in philosophy.---
But that argument can also be applied to jihadists who sincerely believe ridding the world of us kuffars is the moral thing to do.
Posted by: Scott at December 16, 2010 10:41 PM (PXGSj)
Okay, I'll give it to him, it isn't treason. However, colluding with an American citizen to commit treason is beyond conspiracy, it's espionage. Tell the Brits: turn him over to us for trial or any favored nation status that the President hasn't already stripped away will be stripped away, as you are harboring a spy, therefore you are supporting a spy. Immediately withdraw from all intel sharing with them, etc.
We don't shoot conspirators, but we ssure as shit can shoot spies.
Posted by: Chuck Z at December 17, 2010 04:50 AM (Ig+B0)
Posted by: Merovign, Strong on His Mountain at December 17, 2010 07:47 PM (bxiXv)
Posted by: bench hold down at March 21, 2011 11:30 PM (Jsh3l)
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Posted by: Bosk at December 16, 2010 08:06 AM (pUO5u)