Time for Joe Biden to pardon Julian Assange

December 17, 2024
Issue 
Julian Assange helped shine a light on US imperial power in Afghanistan in 2010, covering the war there and in Iraq from 2004 to 2009. Photo: WikiLeaks

Since making what was likely a life-saving plea deal to spare himself from the barbarities of the United States prison system, Julian Assange and his campaign are now focusing on the next step.

Having been directly targeted by the speech-stomping apparatus, known as the US Espionage Act, and convicted under it, the US government made the WikiLeaks publisher an example.

Assange pleaded guilty on June 24 to one count of conspiracy to obtain and disclose national defence information under the Act. In one respect, it was an improvement, reducing the original charge sheet of 18 alleged offences, 17 of them based on elements of espionage.

While Assange鈥檚 conviction delighted the national security state, the toadies and the paid-up worthies, his prosecution and ultimate conviction on a single charge of the Espionage Act served only one purpose: pouring oil on obtaining, using and discussing material about national security crimes and vices, the sort supplied by whistleblowers.聽

The Assange campaign is focused on obtaining a pardon for the publisher, with a goal of persuading up to 30,000 people to write to US President Joe Biden to do just that.

鈥淏y granting a pardon to Julian Assange,鈥 the campaign鈥檚 , 鈥淧resident Biden can not only correct a grave injustice but also send a powerful message that defending democracy and press freedom remains at the core of his presidency. He can reaffirm America鈥檚 dedication to truth and the First Amendment.鈥

Two US lawmakers are convinced that one of Biden鈥檚 last acts in office should be just that.

In the dying days of his administration, President Barack Obama of Chelsea Manning, one of WikiLeaks鈥 most invaluable sources.

While it fell short of a pardon, its effect was to modify the crushing sentence of 35 years imposed by a military tribunal for disclosing classified government information to WikiLeaks.

Last month, US Reps. James McGovern (D-Mass) and Thomas Massie (R-Ky) to Biden approving the 鈥渞esolution of the criminal case against鈥 the WikiLeaks founder, thereby ending his 鈥減rotracted detention鈥, permitting him to return to Australia and be reunited with his family.

But they expressed grave concerns 鈥渢hat the agreement that ended the case required Mr Assange to plead guilty to felony charges under section 793 of the Espionage Act鈥.

Doing so 鈥渟et off alarms鈥 among various members of Congress and advocates of free speech and freedom of the press by setting 鈥渁 precedent that greatly deepens our concern鈥.

Fundamentally, it was 鈥渢he first time the Act has been deployed against a publisher鈥.

The letter went on to note that section 793 of the Espionage Act had always posed a risk that it could be used against journalists and news organisations 鈥減articularly those who cover national security topics鈥 as it 鈥渃riminalizes the obtaining, retaining, or disclosing of sensitive information鈥.

It was precisely that risk that 鈥渋nformed the Obama administration鈥檚 decision not to prosecute Mr Assange鈥. Accordingly, 鈥渁 pardon would remove the precedent set by the plea鈥.

It is hard to tell if Biden will pardon Assange. He seems to be in a muddle after pardoning his son Hunter for felony gun and tax convictions, an act he said he would never do.

It was also complicated by its sheer broadness. In , Biden鈥檚 words struck a familiar note, largely because they could have come out of the mouth of his opponent and successor Donald Trump.

While he believed 鈥渋n the justice system 鈥 I also believe raw politics has infected this process and it has led to a miscarriage of justice鈥.

CBS is that Biden is ruminating over the possibility of issuing various pre-emptive pardons for senior White House aides and members of the House January 6 committee in anticipation of any retributive campaign that might be waged by the incoming Trump administration.

Vermont Senator Bernie Sanders has also the president to do the same.

The president has to almost 1500 individuals placed in home confinement during the COVID-19 pandemic and pardoned 39 individuals convicted of non-violent crimes.

Could Biden mellow towards the man he once accused of high-tech cyberterrorism?

A pardon would go some way to thinning the toxic legacy Assange鈥檚 conviction under the Espionage Act, one that, by its very nature, signals a global warning to all publishers and journalists involved in exposing the crimes and misdemeanours of state.

Assange was the first non-US national foreign publisher working outside the US to be charged and convicted under that oppressive law, ostensibly for injuring the national security of the US when exposing the identities of informants and sources.

Assange鈥檚 plea deal, much like his entire prosecution, is also imbued with farce and gross pantomime.

Was former New York Rep. Peter King right , as he did in November 2010, that the WikiLeaks publications were 鈥渨orse even than a physical attack on Americans鈥, worse, even, 鈥渢han a military attack鈥?

Not 聽Northern Mariana Islands Chief Judge Ramona Manglona, presiding over the final proceedings facing the publisher. 鈥淭he government has indicated that there is no personal victim here. That tells me the dissemination of this information did not result in any known physical injury.鈥

If Biden is of the belief that raw politics infected the prosecution of his son, the shoddy case against Assange is even clearer.

It was political, personal and misguided. Here was a vindictive effort, steered by characters such as former CIA director Mike Pompeo and an overzealous prosecution team in the Department of Justice, to punish a figure who had muddied the sanctimonious waters of the Imperial Republic.

As he has now assumed the mantle of pardoner-in-chief, Biden has a chance to bulk the folder and make history of the right sort.

[Binoy Kampmark lectures at RMIT University.]

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