NOT ONLY AGAINST HIS LIBERTY BUT
ALL OF OURS AS WELL.
LAST WEEK IT WAS RULED WIKILEAKS
FOUNDER CAN BE EXTRADITED TO
FACE ESPIONAGE CHARGES IN
AMERICA.
THE JUDGE DECIDED TO HAND OVER
BUT THE WHITE HOUSE PROMISED HE
BE TREATED FAIRLY AND
APPROPRIATE MENTAL HEALTH CARE.
IF HE IS CHARGED, IS AT THE
DEATH OF A FREE PRESS?
HERE TO DISCUSS CATO INSTITUTE
TECHNOLOGY AND PRIVACY SENIOR
FELLOW, JUNIOR WHO SHARES THE
FIRST NAME OF THE PERSON WE ARE
TALKING ABOUT.
THAT’S A BIG DEAL.
JULIAN, THANK YOU FOR COMING
BACK ON THE SHOW.
THIS SHOULD BE VERY CONCERNING
FOR AMERICANS CONSTITUTIONAL
LOVE FREE SPEECH AND FREE PRESS
IN THE COUNTRY.
HOW BIG OF A HIT DOES NOT TAKE
WITH EXTRADITION?
>> I THINK IT’S A SIGNIFICANT,
WHEN THEY FILED INDICTMENT UNDER
THE ESPIONAGE ACT.
THE 20th CENTURY, THE ACT WAS
NOT SEEN AS AN APPROPRIATE TOOL
TO GO AFTER WEEK.
AFTER 9/11 WE STARTED SEEING
ESPIONAGE BEING USED TO GO AFTER
PEOPLE WHO SHARED CLASSIFIED
INFORMATION WITH THE PRESS BUT
NOT TO GO AFTER THE PEOPLE WHO
PUBLISHED THE INFORMATION SO
TAKING THE NEXT STEP IS SAYING
IS NOT JUST LEAK BUT THE
PUBLISHER OF INFORMATION WILL BE
LIABLE UNDER THE ESPIONAGE ACT AND THE WAY IT’S BEING ARGUED IS
AND THE WAY IT’S BEING ARGUED IS
TO STAY A CO-CONSPIRATOR, NOT ON
THE RECIPIENT BUT ACTIVELY
CONSPIRING AND EXTRACT
CLASSIFIED INFORMATION BUT THE
THINGS THEY ALLEGE AS EVIDENCE
FROM CO- CONSPIRACY THINGS
JOURNALISTS DO ALL THE TIME,
THINGS LIKE TAKING STEPS TO
PROTECT THE IDENTITY OF YOUR
SOURCE SETTING UP ANONYMOUS DROP
BOXES FOR FILES FROM A SETTING
OF CHANNELS OF SECURE AND
ENCRYPTED COMMUNICATION.
KENNEDY: WHATSAPP AND OTHER
FORMS OF COMMUNICATION SO YOU
HAVE TO HAVE SOURCES IF YOU’RE
GOING TO REPORT ON THINGS,
ESPECIALLY BAD THINGS HAPPENING
IN THE WORLD YOU HAVE TO HAVE
SOURCES SO WHAT DOES IT DO FOR
THE FIRST AMENDMENT AND
JOURNALISTS AND THEIR SOURCES?
>> IF THIS SUCCEEDS, IT RISKS
MAKING WHAT’S NOW IN THE 21st
CENTURY, PRE-STANDARD
RESPONSIBLE JOURNALISTIC
PRACTICES AND SOURCE PROTECTION,
EVIDENCE OF CONSPIRACY TO
VIOLATE ESPIONAGE ACT, DEALING
WITH SOURCES PROVIDING
CLASSIFIED INFORMATION.
EVERY NEWSPAPER AND NATIONAL
SECURITY REPORTER WHO WILL
OCCASIONALLY NEED TO OBTAIN
CLASSIFIED INFORMATION TO DO
THEIR JOB.
KENNEDY: SO PEOPLE ON THE
GOVERNMENT’S SIDE HERE, I DON’T
HAVE A LOT OF FRIENDS IN THAT
CAMP BUT THEY ARE SAYING IT’S
NOT EVEN A JOURNALIST YOU CAN’T
SAY HE HAS FIRST AMENDMENT PROTECTIONS YOU HAVE POINTED OUT
PROTECTIONS YOU HAVE POINTED OUT
DO WE REALLY WANT THE GOVERNMENT
DECIDING FOR JOURNALISTIC
DESIGNATION?
>> IF YOU AND I WANT A PRIVATE
DISCUSSION ABOUT WHETHER PEOPLE
CONSIDER HIM A JOURNALIST OR
NOT, IS A CONVERSATION WE CAN
HAVE IT FIRST AMENDMENT DOESN’T
LIMIT TO REAL JOURNALISTS,
WHATEVER THAT MEANS AND BY
WHOEVER’S DISTANT DEFINITION, IT
DOESN’T LIMIT TO PROTECTING THE
RIGHTS OF PEOPLE THE GOVERNMENT
AGREES.
DEPENDING ON THE ADMINISTRATION
WILL FIND PEOPLE SAY FOX NEWS IS
NOT REAL JOURNALISM WHEN PEOPLE
SAY NEW YORK TIMES ISN’T REAL
JOURNALISM.
THE FIRST AMENDMENT DOESN’T CARE
ABOUT THAT PRECISELY BECAUSE
IT’S EASY TO SAY THAT.
KENNEDY: FOR THE FEDERAL
GOVERNMENT HAS TARGETED REAL
JOURNALISTS, ONE WHO USED TO
WORK AT FOX NEWS AND ONE OF THE
NEW YORK TIMES BECAUSE OF THE
REFUSAL TO GIVE UP THEIR
SOURCES.
IT’S INCREDIBLY DANGEROUS, WE
SHOULD BE STANDING UP FOR RIGHT
SO WHAT WILL HIS JOURNEY BE
RIGHT IN TERMS OF BEING INDICTED
AND TRIED?
HOW LONG WILL THE PROCESS TAKE?
>> FIRST WE HAVE TO SEE WHETHER
HE SUCCEEDS IN AN APPEAL THE
RULING HE CAN BE EXTRADITED BUT
ASSUMING HE IS EXTRADITED FROM A
CASE COULD EASILY DRAG ON FOR
YEARS.
IT MAY BE COMPLICATED IN TERMS
OF PUBLIC’S REACTION BECAUSE HIS
CONNECTION THE PUBLICATION OF
DEMOCRATIC 2016 HAVE TAKEN THE
SHINE OFF HIM IN THE EYES OF
FOLKS ON THE LEFT, HE WAS SEEN
AS.
KENNEDY: A REAL RABBLE-ROUSER,