US Military Refers to Julian Assange and WikiLeaks as the "enemy" with the "victims" being "society"
Freedom of Information Act release from US Airforce: AssangeWikiLeaksEnemyUSAFFOI.pdf
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THE US military has designated Julian Assange and WikiLeaks as enemies of the United States - the same legal category as
the al-Qaeda terrorist network and the Taliban insurgency.
Declassified US Air Force counter-intelligence documents, released under US freedom-of-information laws, reveal that
military personnel who contact WikiLeaks or WikiLeaks supporters may be at risk of being charged with "communicating
with the enemy", a military crime that carries a maximum sentence of death. More>>
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Wednesday 26 September, 12pm BST
Ahead of Julian Assange’s address to the UN on Wednesday 26th September 2012 we are publishing some facts about the US
investigation and Grand Jury into WikiLeaks and Julian Assange. This includes facts on the investigation and legal cases
into Assange and WikiLeaks and the persecution of the organisation, its founder and associates by US officials and
government departments.
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Scale of the US Grand Jury Investigation of WikiLeaks
The US Government has stood up and coordinated a joint interagency criminal investigation of Wikileaks comprised of a
partnership between the Department of Defense (DOD) including: CENTCOM; SOUTHCOM; the Defense Intelligence Agency (DIA);
Defense Information Systems Agency (DISA); Headquarters Department of the Army (HQDA); US Army Criminal Investigation
Division (CID) for USFI (US Forces Iraq) and 1st Armored Division (AD); US Army Computer Crimes Investigative Unit
(CCIU); 2nd Army (US Army Cyber Command); Within that or in addition, three military intelligence investigations were
conducted. Department of Justice (DOJ) Grand Jury and the Federal Bureau of Investigation (FBI), Department of State
(DOS) and Diplomatic Security Service (DSS). In addition, Wikileaks has been investigated by the Office of the Director
of National Intelligence (ODNI), Office of the National CounterIntelligence Executive (ONCIX), the Central Intelligence
Agency (CIA); the House Oversight Committee; the National Security Staff Interagency Committee, and the PIAB
(President’s Intelligence Advisory Board). LINK Transcript see also
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Department of Justice
US Attorney General, Eric Holder said on November 29, 2010: “’To the extent that we can find anybody who was involved in
the breaking of American law, who put at risk the assets and the people I have described, they will be held responsible;
they will be held accountable,’ Holder said at a news conference on another topic. He called the WikiLeaks probe ’an
active, ongoing criminal investigation.’” LINK
US Attorney General, Eric Holder on December 6, 2010 remarked that “there were significant things” that he “personally
authorized” regarding Wikileaks. Holder called the WikiLeaks probe an “active, ongoing criminal investigation.’” Holder
said, “We have a very serious, active ongoing investigation that is criminal in nature.” Holder said, that the Espionage
Act of 1917 is “certainly something that might play a role, but there are other statutes, other tools that we have our
disposal.” LINK
US Attorney General, Eric Holder said on December 6, 2010: “It is an ongoing investigation. I don’t want to get into
exactly what I authorized, but I can say that I personally authorized a number of things last week and I think that is
an indication of the seriousness with which we take this matter and the highest level involvement in the Unites States
Department of Justice. With regard to all the tactics that we can do or can use to ameliorate the consequences of these
actions I don’t want to get into those as well, but we will do everything that we can both to hold people accountable,
and to minimize the harm that will befall American people.” LINK
US Attorney General, Eric Holder said on December 6, 2010 declined to comment on what the US Department of Justice
capabilities were: “Well as I said, I don’t want to get into what our capabilities are. At this point I will simply say
what I have just said. We have a very serious criminal investigation that is underway, and we are looking at all the
things that we can do to try to stem the flow of this information.” LINK
US Attorney for the Eastern District of Virginia, Neil Macbride, in charge of the Grand Jury investigating Julian
Assange and WikiLeaks, cites the Attorney General’s November 29, 2010 statement confirming the existence of a Grand Jury
investigation of WikiLeaks in the US Government’s Twitter “In Re Application of the USA For an Order Pursuant to 18 USC
§ 2703(d): “The Attorney General publicly confirmed the existence of an investigation into disclosures of classified
information made by WikiLeaks on November 29, 2010.” LINK
Department of Justice spokesperson Dean Boyd confirms that the Department of Justice investigation is ongoing to AFP
reporter Dan De Luce on June 30, 2010: "There continues to be an investigation into the WikiLeaks matter." LINK
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Grand Jury Testimony
When Pfc. Bradley Manning’s defense offered the Court two sample portions of “unclassified” Grand Jury testimony, in
order to illustrate to the military judge the kind of evidence they were receiving from the US Government, the lead
counsel for the US Government jumped up, interrupted the Court, and instructed the Judge that the “unclassified” rolling
black redactions were still under seal, and under the military judge’s “protective order and an Article 3 Judge’s
protective order and should be sealed and not held around in Court, and should be stamped as such.” Major Ashden Fein
said that “portions” of the Grand Jury testimony were provided to the defense only for limited purposes by US Assistant
Attorneys in Alexandria, Virginia investigating Julian Assange and others. LINK Transcript See also See also See also
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Federal Bureau of Investigation
“Private First Class Manning is a piece of the FBI File,” said lead US Government military prosecutor at the June 6,
2012 Article 39(a) hearing of US v. Pfc. Bradley Manning. The FBI file, Major Fein said, was “42,135 pages or 3,475
documents” the entirety of which is classified. The US Government said that Manning only represents 8,741 pages or 636
different documents in that FBI investigative file. The FBI file does not include the Grand Jury testimony. LINK Transcript See also
On July 28, 2010, one month after Pfc. Bradley Manning was arrested in Iraq, the FBI opened an “official” criminal
investigation into the editor and chief of WikiLeaks, Julian Assange, partnering with the joint investigation of the US
Defense Department and the US Department of State’s Diplomatic Security Service. LINK
The Department of Defense partnered with the FBI and the Department of Justice to ensure that the investigation goes
“wherever it needs to go.” The Secretary of Defense said, “having the FBI involved as a partner was very important in
terms of leaving open the full scope of a possible investigation” of criminal charges against Julian Assange and
WikiLeaks. LINK
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Grand Jury Subpoenas
There are two publicly reported subpoenas for the WikiLeaks Grand Jury:
Subpoena 11-3 /10GJ3793/ 11-1685m, Letter Re 11-3/ 10GJ3793, David House, requested by Tracy McCormick, Assistant US
Attorney, Criminal Division’s Child Exploitation and Obscenity Section (CEOS) LINK
Subpoena 11-3/ 10GJ3793/ 11-1233, Letter Re 11-3/ 10GJ3793 / 11-937, Unnamed Cambridge Resident, requested by Andrew
Peterson, Assistant US Attorney, National Security and Terrorism Division LINK
Grand Jury’s number is “10” standing for the year it began. “GJ” which is Grand Jury and then 3793. “3” is the
Conspiracy Statute in the United States. “793” is the Espionage Statute.
According to the two publicly reported subpoenas cited above the Grand Jury investigating WikiLeaks and Julian Assange
in Alexandria, VA is investigating: "possible violations of federal criminal law involving, but not necessarily limited
to conspiracy to communicate or transmit national defense information in violation of 18 USC 793(g) and conspiracy to
violate the laws of the United States, in violation of 18 USC. 371 to wit; knowingly accessing a computer without
authorization or exceeding authorized access and having obtained information protected from disclosure for reasons of
national defense or foreign relations in violation of 18 USC 1030(a) and knowingly stealing or converting any record of
thing of value of the United States or any department or agency thereof in violation of 18 USC 641 " LINK See also See also
David House’s Account of his testimony at the Grand Jury LINK
The FBI is targeting seven civilians for criminal activity and/or espionage. Those individuals include the "founders,
owners, or managers of WikiLeaks," according to the testimony of Special Agent Mark Mander from US Army’s Computer Crime
Investigative Unit (CCIU) at the Article 32 Pretrial Hearing of US v Pfc. Bradley Manning:
Defense: Whom else did you uncover doing wrongdoing? Mander: Seven other civilians. The FBI is potentially involved. I
do not know what the FBI has determined. Defense: Do they include the founders, owners, or managers of WikiLeaks? Was
WikiLeaks in this case? Mander: Yes they are involved in certain aspects. LINK Transcript
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US District Judge for the Eastern District of Virginia forces Twitter to hand over records that the Department of
Justice US Attorney deems relevant and material to a Department of Justice criminal investigation of WikiLeaks
On December 14, 2010 Theresa Buchanan, a US Magistrate Judge for the US District Court for the Eastern District of
Virginia, ordered Twitter to turn over to the US Government, the non-content communication information of Julian
Assange; WikiLeaks; Bradley Manning; Jacob Appelbaum, a developer for the Tor project; Rop Gonggrijp, described in court
papers as a Dutch activist and businessman; and Birgitta Jonsdottir, a member of the Icelandic parliament. LINK See also See also
On January 5, 2011, the Court orders that the original December 14, 2010 Court Order be unsealed, which thereby
authorizing Twitter to disclose its existence to its subscribers. LINK See also
On January 4, 2012, District Judge Liam O’Grady denies the petitioners’ motion to stay the original December 14, 2010
Court Order and rules that Twitter hand over the information for Jacob Appelbaum, Rop Gonggrijp, and Birgitta
Jonsdottir. LINK
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US Magistrate Judge for the Eastern District of Virginia forces Dyndaot to hand over records that the Department of
Justice US Attorney deems relevant and material to a Department of Justice criminal investigation of WikiLeaks
On January 4, 2011, US magistrate judge Ivan D. Davis signs a Secret Court Order issued to Dynadot, domain registrars
for WikiLeaks.org for all information they hold on WikiLeaks, Julian Assange, and WikiLeaks.org between November 1, 2009
and January 4, 2011. LINK
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Witnesses stopped
David House
In June 2010, David House says he is questioned both at his home and place of work in Cambridge, MA by unnamed
investigators for the US Department of Defense, the Department of State, and the Federal Bureau of Investigation. LINK
Beginning in September 2010, according to his lawsuit against the Secretary of the US Department of Homeland Security;
Commissioner, US Customs and Border Protection; and Director, US Immigration and Customs Enforcement, David House “has
been placed on a watch list which has resulted in his being stopped for questioning and searched each time that he
enters the United States following foreign travel.” LINK
On November 3, 2010, David House and his girlfriend are met and examined in the concourse of Chicago O’Hara by unnamed
customs agents, who extensively search their bags. They are detained for questioning by two men, Marcial Santiago and
Darin Louck, who identified themselves as Homeland Security Agents. House subsequently learned from Agent Santiago that
although Agent Louck identified himself as a Homeland Security agent, he is, in fact, with the FBI Joint Terrorism Task
Force. House’s electronic products were seized at a "border search". LINK See also See also
Jacob Appelbaum
On June 16, 2010, five DHS Agents show up at HOPE conference looking for keynote speaker, Julian Assange, who was in
fact unable to attend and replaced by Jacob Appelbaum. According to “Eric Corley, publisher of 2600 Magazine and
organizer of The Next HOPE conference in midtown Manhattan, said five Homeland Security agents appeared at the
conference a day before WikiLeaks Editor in Chief Assange was scheduled to speak.” LINK
On July 29, 2010, Jacob Appelbaum is detained at Newark Liberty International Airport, and questioned about Assange for
three hours by agents from Immigration and Customs Enforcement, part of the Department of Homeland Security, and Army
CID. His laptop and three cell phones were seized. LINK See also
On August 1, 2010, two unnamed FBI agents question Jacob Appelbaum at the Defcon conference after his presentation about
the Tor Project. The two FBI agents question Appelbaum at Defcon in the presence of Marcia Hoffman of the Electronic
Frontier Foundation. When he asks if his equipment seized at the airport on July 29, 2010 would be returned, the agents
said, “We aren’t involved in that; we have no idea.” LINK
On January 10, 2011 Jacob Appelbaum is detained searched, and questioned by the US Customs and Border Patrol agents at
Seattle-Tacoma International Airport upon re-entering country from Iceland. LINK
Jennifer Robinson
Jennifer Robinson, lawyer to Julian Assange was stopped and initially prevented from boarding a plane. LINK and
Jeremie Zimmerman and Smari McCarthy
A friend of Julian Assange, Jeremie Zimmerman, who had just filmed an episode for Julian Assange’s TV show was stopped
and questioned when entering the US. Smari McCarthy, once a WikiLeaks volunteer, has also been stopped while entering
the US. McCarthy was later approached by three US officials in Washington DC, and asked to become an informer. LINK
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Notable Statements
White House
White House on November 29, 2010: "[T]he stealing of classified information and its dissemination is a crime," and
"WikiLeaks and people that disseminate information to people like this are criminals." Robert Gibbs says elsewhere,
"[T]hose that have been involved in the stealing of and the dissemination of this information are criminals.” LINK See also
In answer to a questions as to whether the administration will take legal action against WikiLeaks, White House
spokesperson, Robert Gibbs said, "Obviously there is an ongoing criminal investigation about the stealing of and the
dissemination of sensitive and classified information. Secondly, under the administration — or I would say — should say
administration wide, we are looking at a whole host of things, and I wouldn’t rule anything out." LINK See also
The Vice-President of the United States, Joseph Biden, said on “Meet the Press” on December 19, 2010, Julian Assange is
“closer to being a high tech terrorist than, than the Pentagon Papers.” LINK
Department of Defense
The US Cyber Counterintelligence Assessments Branch of the US Army’s Counterintelligence Center published a
Counterintelligence Analysis Report in 2008 under the auspices of the Department of Defense Intelligence Analysis
Program about WikiLeaks. The US Army’s Counterintelligence report recommended that the “identification, exposure,
termination of employment, criminal prosecution, legal action against current or former insiders, leakers, or
whistleblowers,” because those actions could potentially damage or destroy” the “center of gravity,” that is “trust”,
thereby deterring “others considering similar actions from using the WikiLeaks.org Web site.” The purpose of the report
was assessing “the counterintelligence threat posed to the US Army by the Wikileaks.org Web site,” and concluded that
WikiLeaks was “subject to criminal sanctions” for “unauthorized disclosure” of “National Security Information.” LINK See also
The authenticity of the report was confirmed by Lt. Col. Lee Packnett, an Army spokesman. LINK
Pentagon Press Secretary Geoff Morrell on April 24, 2011: “It is unfortunate that several news organizations have made
the decision to publish numerous documents obtained illegally by Wikileaks concerning the Guantanamo (GTMO) detention
facility. These documents contain classified information about current and former GTMO detainees, and we strongly
condemn the leaking of this sensitive information.” LINK
Department of State
Hillary Clinton, Secretary of State on November 29, 2010: "The United States strongly condemns the illegal disclosure of
classified information."
Hillary Clinton, Secretary of State on November 29, 2010: “So let’s be clear: this disclosure is not just an attack on
America’s foreign policy interests. It is an attack on the international community – the alliances and partnerships, the
conversations and negotiations, that safeguard global security and advance economic prosperity.” LINK
Senator Lieberman (R), Chair of the House Homeland Security Committee and Governmental Affairs Committee
“Wikileaks’ deliberate disclosure of these diplomatic cables is nothing less than an attack on the national security of
the United States, as well as that of dozens of other countries. By disseminating these materials, Wikileaks is putting
at risk the lives and the freedom of countless Americans and non-Americans around the world. It is an outrageous,
reckless, and despicable action that will undermine the ability of our government and our partners to keep our people
safe and to work together to defend our vital interests. Let there be no doubt: the individuals responsible are going to
have blood on their hands. I stand in full support of the Obama Administration’s condemnation of Wikileaks for these
disclosures. I also urge the Obama Administration — both on its own and in cooperation with other responsible
governments around the world — to use all legal means necessary to shut down Wikileaks before it can do more damage by
releasing additional cables. Wikileaks’ activities represent a shared threat to collective international security.”
Senator Dianne Feinstein (D), Chairman of the Senate Select Committee on Intelligence and member of the Senate Committee
on the Judiciary
Senator Dianne Feinstein Chair of the Senate Select Committee on Intelligence, member Senate Judiciary Committee, said
in an op-ed on December 7, 2010, entitled “Prosecute Assange Under the Espionage Act”: “When WikiLeaks founder Julian
Assange released his latest document trove—more than 250,000 secret State Department cables—he intentionally harmed the
U.S. government. The release of these documents damages our national interests and puts innocent lives at risk. He
should be vigorously prosecuted for espionage. The law Mr. Assange continues to violate is the Espionage Act of 1917.
That law makes it a felony for an unauthorized person to possess or transmit ’information relating to the national
defense which information the possessor has reason to believe could be used to the injury of the United States or to the
advantage of any foreign nation.’” LINK See also
Republican Party nominee for Vice President in the 2008 presidential election and governor of Alaska, Sarah Palin (R)
Palin wrote on her Facebook page on November 30, 2010 that Julian Assange is an “an anti-American operative with blood
on his hands” and “questioned why the US authorities were not looking for him in the same way that it had hunted
suspected terrorists.” According to the report by Martin Beckford at the Telegraph, Palin “She accused the Obama
administration of ’incompetence’ and a ’strange lack of urgency’ in not stopping the release of 250,000 leaked
diplomatic cables by WikiLeaks, given that it had already published sensitive information about the wars in Iraq and
Afghanistan.” LINK
Congressman Pete King (R), Chairman of the Senate Homeland Security and Governmental Affairs Committee, member or the
Permanent Select Committee on Intelligence
Representative Peter King’s (NY) November 29, 2010 Letter to Secretary of State Clinton demanding WikiLeaks be
designated a terrorist organization, Letter to the US Attorney General demanding Julian Assange be prosecuted under the
Espionage Act, 18 USC § 793. LINK See also
Congresswoman Candice Miller (R), member of the House Homeland Security Committee and the Unmanned Systems Caucus on
December 1, 2010
“It is time that the Obama administration treats WikiLeaks for what it is—a terrorist organization, whose continued
operation threatens our security. Shut it down. Shut it down. It is time to shut down this terrorist organization, this
terrorist Web site, WikiLeaks. Shut it down. It is time to shut down this terrorist organization, this terrorist Web
site, WikiLeaks. Shut it down, Attorney General Holder." LINK
Senator Mitch McConnell (R), Minority Leader and member Senate Seclect Intelligence Committeenand the Senate
Appropriations Committee called Assange is a “high-tech terrorist” on “Meet the Press” on December 5, 2010
Senate Intelligence Committee Press Release to Prosecute Assange on December 3, 2010
Representative Steven King of Iowa to Congressman Doug Lamborn (R) and Mr. Trent Franks of Arizona on November 30, 2010
“[I]t’s a pretty sticky constitutional question on how we would deal with American citizens in that category [material
support], but it’s not when we deal with someone like Julian Assange. An Australian citizen could be put into that
category, moved over to a place offshore of the United States outside of the jurisdiction of the Federal courts, the
civilian Federal courts in the United States, and adjudicated under a military tribunal in a fashion that was designed
by this Congress and directed by this Congress.” LINK
John B. Bellinger III, a former legal adviser to the State Department and the National Security Council
John B. Bellinger III, a former legal adviser to the State Department and the National Security Council says US should
extradite from UK or wait till Julian Assange is in Sweden on December 13, 2011: “The Swedish warrant doesn’t
necessarily have precedence. The U.S. government must be considering that if it brings charges against Assange—and I
expect that they will do so, if they have not, in fact, already secured sealed indictments—it should ask for Assange’s
extradition from the UK or wait for him to be extradited to Sweden and then request his extradition from Sweden. And
they are certainly looking at the technical aspects of the two extradition agreements between the UK and Sweden and then
considering the political and legal atmosphere in both places.” LINK
Senator Newt Gingrich (R), candidate for the Republican party presidential nomination, former speaker of the US House of
Representatives
On December 3, 2010, Newt Gingrich, member of the Council on Foreign Relations, former speaker of the House and a recent
Republican candidate for president said that Julian Assange should be treated as an ’enemy combatant’ and that the NSA
should close down WikiLeaks:"What we should do is treat Assange as an enemy combatant. Information warfare is warfare.
The National Security Agency should close down that site, keep it closed down. Every time they try to reopen it under a
new name, they should close it down. We should wage active information warfare against any effort to release American
secrets." LINK
Senator Lieberman, Chair of the Senate Homeland Security Committee Senator Lieberman statement of Amazon on December 1,
2010
“This morning Amazon informed my staff that it has ceased to host the Wikileaks website. I wish that Amazon had taken
this action earlier based on Wikileaks’ previous publication of classified material. The company’s decision to cut off
Wikileaks now is the right decision and should set the standard for other companies Wikileaks is using to distribute its
illegally seized material. I call on any other company or organization that is hosting Wikileaks to immediately
terminate its relationship with them. Wikileaks’ illegal, outrageous, and reckless acts have compromised our national
security and put lives at risk around the world. No responsible company – whether American or foreign – should assist
Wikileaks in its efforts to disseminate these stolen materials. I will be asking Amazon about the extent of its
relationship with Wikileaks and what it and other web service providers will do in the future to ensure that their
services are not used to distribute stolen, classified information.” LINK
PayPal influenced by State Department statement concerning illegality of WikiLeaks
PayPal’s VP of Platform Osama Bedier said, “We have an acceptable use policy and their job is make sure that our
customers are protected, making sure that we comply with regulations around the world and making sure that we protect
our brand. Bedier also said that PayPal’s decision was influenced by the fact that the State Department deemed WikiLeaks
illegal in a letter sent on November 27th [by Harold Koh, Legal Adviser of the Department of State, to Julian Assange
and Jennifer Robinson], a statement that was not followed up on by Yiannopoulos. It is still unclear what exact US laws
WikiLeaks is breaking.” LINK
“’On 27 November the State Department, the US government, basically wrote a letter [to Wikileaks] saying that [its]
activities were deemed illegal in the United States,’ PayPal’s Osama Bedier told the Le Web conference in France.
’And as a result our policy group had to make the decision of suspending their account.’ ’It’s honestly, just pretty
straightforward from our perspective and there’s not much more to it than that,’ he said.’ LINK
Anonymous Congressional Officials to Reuters about State Department late 2010 Congressional Briefing regarding WikiLeaks
“no damage” and “bolster legal efforts to shut down the WikiLeaks website and bring charges against the leakers”. An
anonymous congressional “familiar with the late 2010 briefings” by the US State Department, told Reuters, “We were told
(the impact of WikiLeaks revelations) was embarrassing but not damaging.” LINK
“A congressional official briefed on the reviews said the administration felt compelled to say publicly that the
revelations had seriously damaged American interests in order to bolster legal efforts to shut down the WikiLeaks
website and bring charges against the leakers.” LINK
ENDS