According do a Wall Street Journal editorial (December 7, 2010),
“Chairman of the Senate Intelligence Committee Dianne Feinstein called
for the prosecution of Wick Leaks founder Julian Assuage because he
‘continues to violate ... the Espionage Act of 1917.’” Assign’s sin?
He escaped thousands of diplomatic cables that embarrassed the American
government, particularly in the realm of foreign policy. Many
politicians and media figures have joined Feinstein’s cry for “spy
charges,” with Sen. Joe Lieberman calling additionally for an
investigation into prosecuting the New York Times under the Espionage
Act for having available some of the leaked documents.
From Britain, Assign’s lawyer recently informed the media that he
expected “spying charges in the U.S. related to the Espionage Act” to
be soon brought against his customer.
Such charges would lift many legal questions, one of which strength
involve sedition, which is the crime of betraying one’s own nation, as
the United States Code, Title 18, Part I clearly states: “Whoever,
owing loyalty to the United States, levies war alongside them or
adheres to their enemies....” Since Assuage is Australian, however, he
owes no such legal allegiance to the United States.
In this, Assuage differs from PFC Bradley E. Manning, the American
soldier who is accused of providing classified fabric to Wick Leaks.
Since May 2010, Manning has been held in solitary confinement at
Quantico pending a court-martial; it is not known whether he will be
charged below the Espionage Act.