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http://voices.washingtonpost.com/spy-talk/2010/12/wikileakss_assange_gains_influ.html

Posted at 3:23 PM ET, 12/13/2010
WikiLeaks’s Assange gains influential defenders
By Jeff Stein

The predominant consensus in official Washington that WikiLeaks founder 
Julian Assange should eventually stand trial here on espionage charges 
is not likely to change anytime soon. But three influential voices are 
now saying publicly what many others say privately: that blame should be 
focused on leakers, not Assange, who after all was merely the middleman 
for the handful of newspapers and magazines that were given first crack 
at classified military and diplomatic documents.

On Friday Jack L. Goldsmith, “widely considered one of the brightest 
stars in the conservative legal firmament” when he joined the Bush 
administration Justice Department in 2003, according to a typical 
assessment, wrote that he found himself “agreeing with those who think 
Assange is being unduly vilified.”

“I certainly do not support or like his disclosure of secrets that harm 
U.S. national security or foreign policy interests,” Goldsmith wrote on 
the Lawfare blog. “But as all the hand-wringing over the 1917 Espionage 
Act shows, it is not obvious what law he has violated. It is also 
important to remember, to paraphrase Justice Stewart in the Pentagon 
Papers, that the responsibility for these disclosures lies firmly with 
the institution empowered to keep them secret: the Executive branch.”

Goldsmith called the government “unconscionably lax in allowing Bradley 
Manning,” an Army private arrested on suspicion of giving WikiLeaks 
Afghan and Iraq war documents last summer, “to have access to all these 
secrets and to exfiltrate them so easily.”

“I do not understand why so much ire is directed at Assange and so 
little at the New York Times,” continued Goldsmith, who resigned from 
the Justice Department after only nine months on the job because he 
disagreed with its legal rationalizations for waterboarding and other 
counter-terrorism tactics.

Goldsmith's remarks came only a few days after libertarian 
standard-bearer Rep. Ron Paul virtually celebrated WikiLeaks for 
exposing America's “delusional foreign policy.”

“When presented with embarrassing disclosures about U.S. spying and 
meddling, the policy that requires so much spying and meddling is not 
questioned,” said the nominal Texas Republican, denouncing calls for 
prosecuting Assange. “Instead the media focuses on how authorities might 
prosecute the publishers of such information.”

On Monday influential Harvard political scientist Stephen M. Walt 
endorsed Goldsmith’s views, asking whether The Washington Post’s Bob 
Woodward shouldn’t be prosecuted for publishing secrets if Assange was.

"I keep thinking about the Wikileaks affair,” Walt wrote for NPR’s Web 
site, “and I keep seeing the double-standards multiplying. Given how 
frequently government officials leak classified information in order to 
make themselves look good, box in their bureaucratic rivals, or tie the 
President's hands, it seems a little disingenuous of them to be so upset 
by Assange's activities.”

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