To be very clear: the substantive conduct we're discussing is the publication of another state's secrets.
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Replying to @benwizner @speechboy71
I see. So you're assuming here that a hypothetical indictment of Assange would allege no more than publication?
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Replying to @benjaminwittes @speechboy71
My entire argument was based on that factual predicate, as is clear from the original tweet.
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Replying to @benwizner @speechboy71
I agree with you that without more than publication, prosecution of Wikileaks would be a terrible idea. But not because of jurisdiction.
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Replying to @benjaminwittes @speechboy71
If we set a precedent that we can punish foreign publishers for exposing our secrets, it will come back to bite us.
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Replying to @benwizner @speechboy71
remove the word "foreign" from that sentence, and I think you're argument will stand on more solid ground.
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Replying to @benjaminwittes @speechboy71
Of course I would agree with that statement, too. But I'm not sure why you don't see added danger here.
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Replying to @benwizner @speechboy71
China and Russia criminalize whatever overseas conduct they feel like. We do the same. And btw, this is not new. Agee was a fugitive.
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Don't get me wrong. I'm not arguing for prosecution of Assange for publication without more. I believe we should prosecute him if and only
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enforcement judgment. It's a substantive judgment about how we should apply First Amendment values in the context of secrecy laws.
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One last time: I believe a US prosecution of WL for publishing US secrets would put US journos at risk. That's all I was trying to say.
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Replying to @benwizner @speechboy71
I think we have isolated the point of difference.
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