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I'm not sure that matters.

Assuming Ellsberg is the gold standard, his behavior would be sufficient, but not necessary, to be in the clear. Put another way, just because you don't live up to his standard, it doesn't necessarily mean you've done something wrong.

I agree that Assange is no saint. Assuming the allegations of rape are credible, he should stand trial and be punished if convicted. His motivations across a wide variety of leaks are certainly open for questioning.

But did he break any laws with regard to this specific leak? If he did actually assist Manning in cracking passwords (or whatever is alleged), then he should be held accountable for that. If not, he should go free (for that particular charge). It's that simple.

Of course, I don't trust the US gov't to give him a fair trial. I wouldn't be surprised if they'd manufacture evidence in a case like this; my belief is that they'll take any measures necessary when it comes to deterring people from leaking classified information, especially classified information they find embarrassing or damaging.




> But did he break any laws with regard to this specific leak?

According to the DOJ Indictment yes. He conspired with Manning to obtain access to a classified system. That's different than say Glenn Greenwald merely accepting Snowden's documents.


It's worth noting that Manning already had access to the classified system. Assange conspired to help her hide her usage of that access, something Greenwald has called the duty of a journalist. The law itself would violate the First amendment, so he would not have broken anything.


That remains to be seen. The indictment alleges yes, but it's up to a jury to decide (or a plea deal to avoid deciding).




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