patrick.net

I guess she has gotten so many emails on this topic that they actually made a template.

Here is the email from the senator (probably staff, I doubt she actually reads them) to me.

Dear Mr. [******]:

Thank you for writing to express your support of Wikileaks and your opposition to the prosecution of the organization or its founder, Julian Assange. I respect your opinion, and I would like to share with you my point of view.

In July 2010, WikiLeaks released a compilation of more than 76,900 documents about the war in Afghanistan. Then, on October 22, 2010, WikiLeaks released 391,832 classified military field reports on the Iraq War, covering January 2004 to December 2009. Finally, on November 28, 2010, the website began publishing segments of the 251,287 confidential State Department diplomatic cables it obtained.

Wikileaks has seriously harmed the national security of the United States. The Departments of Defense and State have strongly condemned Wikileaks' actions as dangerous and reckless. In a letter sent to Wikileaks founder Julian Assange and his lawyer on November 27, 2010, State Department Legal Adviser Harold Hongju Koh warned that leaking these documents, at minimum:

o Places "at risk the lives of countless innocent individuals – from journalists to human rights activists and bloggers to soldiers to individuals providing information to further peace and security;"

o Places "at risk on-going military operations, including operations to stop terrorists, traffickers in human beings and illicit arms, violent criminal enterprises and other actors that threaten global security; and,"

o Places "at risk on-going cooperation between countries – partners, allies, and common stakeholders – to confront common challenges from terrorism to pandemic diseases to nuclear proliferation that threaten global stability."

On November 28, 2010, Director of National Intelligence James Clapper echoed these sentiments in a message to employees of U.S. intelligence agencies when he said, "The actions taken by WikiLeaks are not only deplorable, irresponsible, and reprehensible – they could have major impacts on our national security. The disclosure of classified documents puts at risk our troops, law enforcement, diplomats, and especially the American people."

I am very concerned about the release of these classified U.S. government documents. On December 2, 2010, I wrote a letter to Attorney General Eric Holder urging the Department of Justice to bring criminal charges against WikiLeaks founder Julian Assange, and on December 7, 2010, I published an op-ed in the Wall Street Journal in which I stated my belief that Mr. Assange should be prosecuted under the Espionage Act. For additional information on my views, please see the op-ed I have attached to this letter. Mr. Assange has intentionally harmed America's national interests by knowingly obtaining and disseminating classified information which could cause injury to the United States, and he should be prosecuted accordingly.

I understand that you support efforts to bring to light information of illegal actions, wrongdoing, or the results of U.S. government policy decisions. I share this view, but believe that the whole-scale release of classified information is an improper and detrimental way to achieve that goal. Mr. Assange blatantly disregarded the grave harm his actions could bring to innocent people, which he dismisses as "collateral damage."

Again, I appreciate hearing your feedback on this matter. Although we may have different views on this matter, please know that I have carefully noted your opinions. Should you have any other questions, please do not hesitate to contact my Washington D.C. office at (202) 224-3841.

"Prosecute Julian Assange for Espionage"

The Wall Street Journal

Tuesday, December 7, 2010

When WikiLeaks founder Julian Assange released his latest document trove—more than 250,000 secret State Department cables—he intentionally harmed the U.S. government. The release of these documents damages our national interests and puts innocent lives at risk. He should be vigorously prosecuted for espionage.

The law Mr. Assange continues to violate is the Espionage Act of 1917. That law makes it a felony for an unauthorized person to possess or transmit "information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation."

The Espionage Act also makes it a felony to fail to return such materials to the U.S. government. Importantly, the courts have held that "information relating to the national defense" applies to both classified and unclassified material. Each violation is punishable by up to 10 years in prison.

No doubt aware of this law, and despite firm warnings, Mr. Assange went ahead and released the cables on Nov. 28.

In a letter sent to Mr. Assange and his lawyer on Nov. 27, State Department Legal Adviser Harold Hongju Koh warned in strong terms that the documents had been obtained "in violation of U.S. law and without regard for the grave consequences of this action."

Mr. Koh's letter said that publication of the documents in Mr. Assange's possession would, at minimum:

o "Place at risk the lives of countless innocent individuals—from journalists to human rights activists and bloggers to soldiers to individuals providing information to further peace and security;

o "Place at risk on-going military operations, including operations to stop terrorists, traffickers in human beings and illicit arms, violent criminal enterprises and other actors that threaten global security; and,

o "Place at risk on-going cooperation between countries—partners, allies and common stakeholders—to confront common challenges from terrorism to pandemic diseases to nuclear proliferation that threaten global stability."

None of this stopped Mr. Assange. That he is breaking the law and must be stopped from doing more harm is clear. I also believe a prosecution would be successful.

In an October analysis of earlier WikiLeaks disclosures, the Congressional Research Service reported that "it seems that there is ample statutory authority for prosecuting individuals who elicit or disseminate the types of documents at issue, as long as the intent element can be satisfied and potential damage to national security can be demonstrated."

Both elements exist in this case. The "damage to national security" is beyond question. As for intent, Mr. Assange's own words paint a damning picture.

In June, the New Yorker reported that Mr. Assange has asserted that a "social movement" set on revealing secrets could "bring down many administrations that rely on concealing reality—including the U.S. administration." The same piece revealed Mr. Assange's stunning disregard for the grave harm his actions could bring to innocent people, which he dismisses as "collateral damage."

Mr. Assange claims to be a journalist and would no doubt rely on the First Amendment to defend his actions. But he is no journalist: He is an agitator intent on damaging our government, whose policies he happens to disagree with, regardless of who gets hurt.

As for the First Amendment, the Supreme Court has held that its protections of free speech and freedom of the press are not a green light to abandon the protection of our vital national interests. Just as the First Amendment is not a license to yell "Fire!" in a crowded theater, it is also not a license to jeopardize national security.

This latest WikiLeaks release demonstrates Mr. Assange's willingness to disseminate plans, comments, discussions and other communications that compromise our country. And let there be no doubt about the depth of the harm. Consider the sobering assessment, delivered in an email to employees of U.S. intelligence agencies late last month, by Director of National Intelligence James Clapper: "The actions taken by WikiLeaks are not only deplorable, irresponsible, and reprehensible—they could have major impacts on our national security. The disclosure of classified documents puts at risk our troops, law enforcement, diplomats, and especially the American people."

Sincerely yours,

Dianne Feinstein
United States Senator