I'm not aware of this US government position to not charge if they are not able to conduct an arrest. @Snowden was charged under Espionage Act while still in Hong Kong. It's not like they could easily get to him. This makes no sense at all.
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Lewis raised the government talking point that no responsible actor journalist or otherwise would publish names of individuals assisting US forces in war zones. And insisted that the Justice Department has gone out of its way to say they are not targeting journalists
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Lewis asked, would responsible journalist, or in fact, any journalist publish name of third party when it is unnecessary to publish that name, when publishing would put that person's life in danger?
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Timm answered, "Idea of who is or is not responsible journalist is different from what is illegal or legal conduct." No court has said publication of names is illegal & Timm noted Congress considered law to make illegal after WikiLeaks publications. Didn't become law.
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When pressed on whether he was saying he supported publishing cables with names, Timm said he did not think WikiLeaks had "perfect editorial judgement just like I'm not saying Guardian or NYT have perfect editorial judgement."
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Timm continued, "Certainly do not think US government is entity that should be determining whether editorial judgments of a newspaper [were] sound or not." Question isn't whether we agree with publication but if was illegal
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Lewis: Why should your opinion be preferred over opinion of courts in United States? Timm: "My opinion is in line with previous court opinions." Never been publisher charged in this manner before, and Supreme Court precedent is "almost wholly on the side of Mr. Assange."
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Lewis: Perfectly legal to publish to publish names of informants knowing it’s likely to result in their death? Timm: I don't think anybody knows. In Chelsea Manning's trial, US government couldn't point to specific deaths that resulted.
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Lewis: You say this is a war on journalism. You stand by that? Timm: "I'm very glad you brought that up." He went on to outline how Trump has called press "enemies of the people" and disparaged them over 2200 times, particularly with his Twitter account.
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In one spectacular moment, Timm was asked by Lewis—like previous witnesses—about statements from AUSA Kromberg in EDVA. He said he didn't think it was accurate to suggest Assange isn't being criminalized for passively receiving classified information.
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Lewis: You said decision to indict was part of war on jouranlism. Wouldn't federal rules of prosecution be contrary to that? Timm: "Yes, absolutely. This is why I am stating that I don't think this prosecution should go forward."
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Lewis: If this was a decision to indict Assange in war on journalism, would be contrary to federal rules. Them acting in bad faith. That's the consequence of your argument. Timm: Yes, and if they did breach obligations, hope there would be accountability
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At this point, Summers, defense attorney rose to say Lewis' time was up. One hour had passed. Lewis was extremely upset.
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The judge said she would allow him to continue, and they would reconsider time limits for witnesses. Rather petulantly, Lewis then shared, "Well, in fact, I'm finished."
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I'd say both Timm and Rogers were very strong defense witnesses, especially because they were able to handle the lines of questioning from prosecutor James Lewis and not fall into any traps.
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When defense questioned Timm, he highlighted the half dozen times in the past half century, where various US admins threatened to use Espionage Act against reporters but never made good on threats.
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Summers asked Timm about the AIPAC case brought against Steve Rosen and Keith Weissman under the Espionage Act They allegedly received information and passed that on to other journalists.
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In regard to the AIPAC case, Timm said, "Journalists were worried it could [lead] to cases against them." US govt ultimately dropped the case, though one lawyer familiar with it told WaPo govt had wanted precedent as "a weapon that could be turned against media."
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Timm said the indictment makes it seem like having a submission system where whistleblowers can send documents is some "malicious anomaly." Or fact that WL was asking potential sources for info is criminal
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@FreedomofPress, where Timm is executive director, built a tool called SecureDrop, an open source version of a whistleblower submission system. He told court it is used by over 80 news organizations (Guardian, NYT, WSJ, USA Todya, etc).#AssangeAfficher cette discussion -
The International Consortium of Investigative Journalists (ICIJ), known for Panama Papers investigation, explicitly state on their page that sources should leak to them. They solicit leaks, Timm told the court. This is common news practice in 2020.
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I'll be live with a video report on Day 3 of Assange's extradition hearing in just a moment:https://www.youtube.com/watch?v=D7EF_nxMj8g …
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REPORT FROM DAY 3 Trump’s “war on journalism” take center stage during Julian Assange’s extradition hearinghttps://shadowproof.com/2020/09/09/trumps-war-on-journalism-takes-centerstage-at-julian-assanges-extradition-hearing/ …
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