The Wikileaks Question

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Re: The Wikileaks Question

Postby seemslikeadream » Mon Nov 19, 2018 11:36 am

seemslikeadream » Sat Nov 17, 2018 5:50 pm wrote:unrelated to WL's publications, and for which no First Amendment defense exists.

Emma Best in Lost Vegas
I've been reading parts of the government's files on #WikiLeaks lately, and if I'm reading them right then FBI has evidence against #Assange that's unrelated to WL's publications, and for which no First Amendment defense exists.



Just Security

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Top law professor on Internet and press freedoms—who was witness for defense of Chelsea Manning—writes that Assange's actions in 2016 may be very different.


It does not help the cause of protecting journalists and national security whistleblowers, who play a crucial role in holding the American national security establishment to account, to refuse to accept that there is a difference between publishing illegally obtained documents in the normal course of working with whistleblowers, and knowing active collaboration with a foreign adversary’s intelligence agency engaged in information operations aimed against American democracy.



Prosecuting Wikileaks, Protecting Press Freedoms: Drawing the Line at Knowing Collaboration with a Foreign Intelligence Agency
The inadvertent disclosure of the likely existence of a sealed indictment against Julian Assange raises the question of what the constitutional implications of such an indictment might be. Only an indictment narrowly focused on knowing collaboration with a foreign intelligence agency, if in fact the evidence supports such a finding, would avoid the broad threat that such a prosecution would otherwise pose to First Amendment rights and press freedoms.

Any prosecution for the publication of the Chelsea Manning disclosures (war logs; embassy cables) or for involvement in the Edward Snowden disclosures would meet the same constitutional difficulties that arose at that time. As I argued in detail in 2011, and then as a witness for the defense in the Manning trial, for purposes of constitutional protection it is impossible to distinguish Wikileaks from more traditional media on stable grounds that cannot be leveraged against all manner of media organizations over time, including both partisan and mainstream media. No distinguishing line can usefully be drawn in organizational terms. Central to this discussion are federal cases concerning journalists’ privilege under state law, as well as the Supreme Court’s clear statement that “Liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods” from Branzburg v Hayes.

What’s more, the long history of rabid partisan presses in the nineteenth century, and the rise of frankly partisan media in the present media environment, mean that we cannot anchor the limits of press freedom in the organizational habits and institutional forms of professional journalism of the few decades between World War I and the rise of Fox News. The explosion of online journalism, by individuals and small teams, relying on diverse motivations—commercial, political, or social—makes any legal regime that enables prosecutors to finely thread needles and identify targets for prosecution because they are “not really media” inadequate to the times and the models that pervade contemporary media. The touchstone used in the journalists’ privilege cases from the Second, Third, and Ninth Circuits was intent and function at the time of gathering information, not the mode of dissemination. As long as there is intent to gather information for public dissemination, the actor is acting as the role of the press.

It is well settled that a journalist who passively receives illegally obtained information is privileged to publish it (Bartnicki). That’s why the media organizations that published the Manning and Snowden materials could not be prosecuted, and Wikileaks was no different.

The only distinctive feature that might implicate Wikileaks in a criminal case arising from publication of the DNC and Podesta email dumps in the run-up to the 2016 elections was that the underlying illegal action was undertaken by a hostile foreign intelligence service, rather than by a whistleblower or domestic leaker. Whistleblowers play a vital role in checking systemic failures in all major public institutions and organizations. This is true even in the national security system, where disclosing documents to unauthorized third parties is almost always illegal, precisely because errors and abuses in the national security system can exact such high costs. This is why I have argued that national security whistleblowers deserve a robust defense against criminal prosecution. The case is different where a foreign intelligence service is concerned. Because whistleblowers take substantial risks when they disclose materials illegally, we can assume that they will not generally undertake that risky act except when they observe what they, at least, believe is serious wrongdoing involving significant public interests. That has certainly been the case in all major national security leaks investigated or prosecuted criminally in a manner that reached public knowledge since the end of World War II. By contrast, there is little reason to think that a foreign intelligence agency will seek to leak information or hack into systems illegally only where there is strong reason to think that the disclosed facts raise significant public interest considerations and expose wrongdoing. If a newspaper publishes materials it knows were obtained illegally by a foreign intelligence agency, therefore, the outlet should exercise particular care, because there is every reason to believe that the source is using the outlet to manipulate, rather than inform, the public.

But knowing that the materials were stolen by a foreign intelligence agency alone is insufficient to sustain a prosecution.

By October 7, 2016, the day that Wikileaks dumped the Podesta emails immediately after the Hollywood Access tape came out, and on the same day as DHS and ODNI issued a joint statement about the Russian origins of the DNC hacks, most media organizations should at least have suspected, if not worked with the operating assumption, that the DNC and Podesta emails were hacked by a foreign intelligence agency. Nonetheless, I doubt there are many who would argue that if reporters from the New York Times or Fox News decided to dig into the DNC and Podesta emails (as they did) to look for news stories, knowing full well that their source was likely a foreign intelligence agency that released the emails in order to help Russian interests at the expense of American interests, these reporters would be deprived of the protections under the passive receipt framework of Bartnicki.

So where, if anywhere, might the nature of the source of the information—potential whistleblower or foreign intelligence agency—matter? The answer lies primarily in the extent to which the media outlet is protected over time if it continues to coordinate with the source, but did not originally solicit and participate in the illegal action. Even this, however, may be a bridge too far. Let me explain.

There seems to be a broad sense, though no precedent, even among those who support strict limits on prosecution of journalists like Dan Froomkin and Elizabeth Goitein here on Just Security, that if a journalist knowingly solicits and participates in the illegality in advance, even where the source of the leak is a good faith whistleblower, the journalists’ First Amendment defense is on shaky grounds. On the other hand, media organizations coordinate with leak sources as a matter of course, including sources whose act of leaking is illegal, in meeting secretly and receiving the information without exposing the source to prosecution. To treat coordination after the initial illegality, aimed to maintain the secrecy of the source as a prosecutable offense would sweep in too much of normal journalistic practice in leak cases, and severely limit the ability of the press to fulfill its constitutionally-protected role.

So if Wikileaks knew and coordinated in advance around the DNC hacking and leaking, the case would be within the zone that most commentators see as prosecutable. But I doubt that the GRU needed much encouragement or help from Wikileaks before the hack or while continuing to hack. Assuming prosecutors cannot prove such prior active collaboration, under the normal interpretation of Bartnicki, that would be the end of the story. The only question that remains in my mind is whether Wikileaks can be prosecuted if it knowingly coordinated after the hack, knowing specifically that the source was a foreign intelligence agency, beyond what would be appropriate in charging a newspaper that coordinated with a source who had committed a crime to meet in secret, or help arrange a meeting (say, renting a hotel room). Again, the reason for differentiating domestic leakers and whistleblowers from foreign intelligence agencies is that the likely motivations and risks they undertake suggest that the public interest in the disclosures of the former are likely high, whereas the public interest in the latter case will more commonly be that they not reach the public sphere. Or at least we have no systematic reason to think that such disclosures will be aimed toward abuses of power.

Consider two hypothetical cases to mark the boundaries. Say a journalist at the New York Times receives materials from a person she knows to be a foreign intelligence agent (from country X), and knows that the materials were stolen in violation of the Computer Fraud and Abuse Act and the Espionage Act. Imagine that the documents show that the U.S. Attorney General was bribed by an American firm to look the other way as the firm violated the Foreign Corrupt Practices Act while competing for a contract for sale of weapons, in which the American company competed with a company from country X whose intelligence agency is offering the information. Imagine further that the newspaper agrees to meet the intelligence agent two or three times, in secret locations, to receive information that would help in the newspaper’s own investigation to verify the claims. Here we have a case of a journalist who receives true information of enormous public value from a foreign intelligence agency working to advance its country’s military industry at the expense of the U.S. military industry. We even have some active cooperation over time. And yet, given the clear public interest in disclosure, I doubt there would be many who would argue that the publication should be susceptible to prosecution. In part, this is because the story discloses a true case of public corruption at the highest levels and involves only passive receipt of the information. And in part, because the nature of the cooperation was within the normal practice of meeting sources clandestinely because their exposure would subject them to severe negative consequences.

At the other end of the spectrum, consider an individual knowingly recruited, trained, and paid by an intelligence agency of a foreign adversary to be a reporter in the U.S. The aim is to use that reporter’s position to inject into the American media system occasional stories, some true, some false, selected, framed, and timed to inflict damage on the U.S. to the benefit of the foreign power. While maintaining her cover, the reporter regularly files bona fide stories as well. In this case, the risk that prosecution under a conspiracy theory to violate the Espionage Act or CFAA would spill over to other journalistic practices is minimal, since the strict necessity of showing active participation as a foreign agent would all but contain the case either to its facts, or to defense against active measures of a foreign adversary. Moreover, there is no reason to think that the disclosures would tend toward the public interest.

It’s here that I think the distinction between the normal cases of leakers and whistleblowers and the rare (as in, this would be the first) case of knowing active collaboration with a foreign intelligence agency offers the most leeway for a prosecution. The precedent would need to be tightly contained to deal with foreign active measures, and would not touch the overwhelming breadth of cases involving national security whistleblowers and other leakers. Even in such cases, passive receipt on the Bartnicki model, and minimal cooperation to achieve the handover of the documents, would be constitutionally protected.

I don’t know whether there was any knowing coordination between Wikileaks and Russian intelligence, and if there was, of what form. Certainly, the allegations in the DNC lawsuit, focusing on a broad and vague alliance of interests—essentially, hating Hillary and occasionally associating with RT—are woefully inadequate as evidence of knowing active cooperation. But the case may be stronger if there is clear evidence, for example, of direct and knowing collaboration with Russian intelligence to cover up the Russian origins of the hack. Consider, for example, when, on August 9, 2016, Wikileaks offered a $20,000 bounty to anyone who found information leading to the murderer of Seth Rich, or when Wikileaks published Robbin Young Twitter DMs with Guccifer 2.0 in another attempt to obscure the Russian origins of the hack. Again, these activities alone, without direct evidence of knowing collaboration or coordination, would not be enough to sustain a prosecution. After all, all these stories and other clearly Russian-origin stories received continuous amplification from Fox News, ZeroHedge, the Gateway Pundit, and throughout the right wing media ecosystem (you can see the details of these and other interventions, including Wikileaks’, in chapters 5, 7, and 8 of Network Propaganda).

It does not help the cause of protecting journalists and national security whistleblowers, who play a crucial role in holding the American national security establishment to account, to refuse to accept that there is a difference between publishing illegally obtained documents in the normal course of working with whistleblowers, and knowing active collaboration with a foreign adversary’s intelligence agency engaged in information operations aimed against American democracy. The former are a pressure valve who have, particularly in the 1970s and 2000s, served a critical role in exposing errors and abuses in the national security system. The latter present a systemic risk. The trick is to define the level of proof and the elements of the offense narrowly and clearly enough to make sure that this limited exception cannot be used to erode the otherwise broad immunity journalists enjoy under the First Amendment to publish materials, including illegally obtained materials. I think that insisting on the case being narrowly focused on knowing, active collaboration with a foreign intelligence agency could do just that. But if prosecutors cannot find evidence that would support such a limited charge, then the risks that a prosecution based on looser standards like those proposed in the DNC lawsuit, or based on a narrow definition of what “a press function” means, would pose too great a danger to press freedom.

Photo credit: Julian Assange on the balcony of the Embassy of Ecuador on May 19, 2017 in London, England (Photo by Jack Taylor/Getty Images).
https://www.justsecurity.org/61519/pros ... ce-agency/
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Re: The Wikileaks Question

Postby JackRiddler » Sun Nov 25, 2018 10:12 pm

Discovered from the other thread that of all people historian Sean Wilentz saw fit to unleash a million-word shoot-the-messenger diatribe against Greenwald, Assange, and Snowden back in 2014, focusing on uncharitable interpretations of their ancient chatlogs and other vital evidence and completely ignoring all relevant issues about wars, NSA, CIA, Iraq, Afghanistan, Clapper, etc. etc.

Published some days later, here is a generally interesting scorched-earth approach to Willentz's sophistry, one that helps refocus us on what actually matters here. Hint: it's not the personal shit being thrown at the messengers, but 1. what they have revealed about imperialism and the permanent warfare state and 2. the incredibly repressive, unconstitutional, dangerous, and anti-democratic responses by said state.

Also VERY interesting, so I'm including it: the first comment in response to the blog.


http://crookedtimber.org/2014/01/19/the ... nce-state/

The Liberal Surveillance State
by HENRY on JANUARY 19, 2014

Long time readers of Sean Wilentz will remember him for greatest hits like his notorious piece on the “cutthroat, fraudulent politics that lie at the foundation of Obama’s supposedly uplifting campaign,” involving “the most outrageous deployment of racial politics since the Willie Horton ad campaign in 1988 and the most insidious since Ronald Reagan kicked off his 1980 campaign in Philadelphia, Mississippi, praising states’ rights,” or his claim that not only was Obama’s “most obvious change to liberal politics” the color of his skin, but Obama was the second coming of Jimmy Carter and a starry-eyed Russia-hugger to boot. So it’s very, very weird to see Wilentz criticizing Edward Snowden on the grounds that his “disgruntlement with Obama … was fueled by a deep disdain for progressive politics” – given his own track record on Obama’s brand of progressivism, why on earth would he believe this to be a problem?

But then the whole article – an attempted hack job on Snowden, Greenwald, Assange and the liberals who like them – is weird like that. In one sense, I can understand why the New Republic went for it – it’s perhaps the purest exercise in even~the~liberal~New Republic~ism that the magazine has published since its change in ownership. Yet it’s also so obviously intellectually shoddy and incoherently argued that you’d have thought that any half-way competent editor would have decided that no amount of contrarianism was worth the damage to the magazine’s brand.

Wilentz’s self-appointed task is clear enough – he wants to tell liberals why they shouldn’t trust the hidden agenda of people like Snowden, Greenwald and Assange. The problems come in the execution.

The article comes in three main parts. First – the promise:

Snowden, Greenwald, and Assange hardly subscribe to identical beliefs, and differ in their levels of sophistication. They have held, at one time or another, a crazy-quilt assortment of views, some of them blatantly contradictory. But from an incoherent swirl of ideas, a common outlook emerges … paranoid libertarianism … Where liberals, let alone right-wingers, have portrayed the leakers as truth-telling comrades intent on protecting the state and the Constitution from authoritarian malefactors, that’s hardly their goal. In fact, the leakers despise the modern liberal state, and they want to wound it.

Then the evidence – a detailed examination of Snowden, Greenwald and Assange’s views, or at least those views as Wilentz would like to portray them. Finally, the argument, that these views add up to a pernicious political philosophy that no self-respecting liberal ought to sign up for.

The problem is that these don’t add up. Wilentz promises us evidence that the leakers want to damage the liberal state. Moreover, he tells us that he has evidence that has gone mysteriously ignored up to this point.

important caches of evidence have gone largely unexamined by the media. … The Internet houses a variety of their writings for message boards, blogs and magazines …. They are documents in which one can glimpse their deepest beliefs and true motives. What they reveal is at odds with the flattering coverage … [t]hey reveal an agenda that even the leakers’ most dedicated admirers should question.
Unfortunately, that’s not what Wilentz actually provides. Instead of providing evidence that would support an analysis of his targets’ ‘agenda,’ ‘deepest beliefs’ and ‘true motives,’ he provides a trio of successive lengthy laundry lists of everything that his three targets have ever said or done that might even possibly embarrass them in front of a liberal audience. Thus, we are treated to hitherto largely-unexamined-by-the-media facts such as the revelations that Snowden is a Rand Paul fan and libertarian, that Julian Assange not only is a bit of an arsehole, but is facing rape charges has been accused of rape in Sweden, and that Glenn Greenwald likes to get into arguments.

The three narratives are larded with minatory innuendo. That Snowden writes about liking his gun hints at his ‘developing affinities.’ That Glenn Greenwald took pro-bono free speech cases on behalf of a variety of unpleasant people shows that his “true passion [is] defending the civil liberties of extremists.” Not that there’s anything necessarily wrong with defending these people’s constitutional liberties of course, as Wilentz grudgingly acknowledges after a few paragraphs of loving description detailing precisely how unpleasant some of Greenwald’s clients were. And of course, there’s lots of juicy stuff in the section on Assange, where Wilentz uses Assange’s dodgy alliance building to sort-of-sidle-up-real-close to the ‘it’s all a Russian plot, of course’ line that various cranks have been pushing on the Internet.

What is rather conspicuously lacking is any evidence that these people (and it is interesting, as an aside, that Chelsea Manning’s fate and motivation don’t even get a mention) are dead-set on their joint goal of “wound[ing] the liberal state.” Snowden, as you’d expect from a Paulite, doesn’t like welfare. Greenwald has made some very unfortunate statements about immigrants. Assange’s politics are whatever Assange’s politics are. But these do not, under any reasonable interpretation, add up to a sekrit shared agenda of trying to take down the liberal state as it’s usually understood. None of the revelations to date have had any relevance whatsoever to welfare or immigration policy, let alone dire implications for them. Somehow, I suspect that none of the future revelations will either. If imaginary-Edward-Snowden were running for the Senate, and I was thinking about whether to vote for him, I’d find his views on welfare very, very relevant. Since actual-Edward-Snowden is running from the government for leaking security information … not so much.

All this leaves Wilentz with the unenviable task of demonstrating that despite all the appearances, pushing back against the security state is an anti-liberal agenda. He accomplishes this through an intellectual sleight of hand, wherein the “liberal state” of the opening sections is magically transformed into the “national security state” that Greenwald et al. are setting out to “sabotage.” As best as I can tell, the justification for this transposition is this:

The leakers and their supporters, however, see things very differently. To them, national security is not a branch of government: it is the government, or it is tantamount to being the government: a sinister, power-mad authority. As Greenwald has argued: “The objective of the NSA and the US government is nothing less than destroying all remnants of privacy. They want to make sure that every single time human beings interact with one another, things that we say to one another, things that we do with one another, places we go, the behavior in which we engage, that they know about it.” It is impossible, therefore, to reform this clandestine Leviathan from the inside. And so the leakers are aimed at de-legitimating and, if possible, destroying something much larger than a set of NSA programs. They have unleashed a torrent of classified information with the clear intent of showing that the federal government has spun out of control, therefore destroying the public’s faith in their government’s capacity to spy aggressively on our enemies while also protecting the privacy of its citizens.”

This paragraph is the cornerstone of the big, teetering edifice that Wilentz is trying to construct. And it’s made out of straw and horseshit. Apparently, either Wilentz didn’t read any further down in the transcript that he is quoting from, or he decided, for whatever reason, that the further elaboration of Greenwald’s argument was irrelevant or unhelpful to his readers. What Greenwald goes on to say:

This is exactly the kind of debate that we ought to have out in the open. What exactly is the government doing in how it spies on us and how it reads our emails and how it intercepts our chats? Let’s have that discussion out in the open. To the extent that these companies and the NSA have a conflict and can’t get their story straight, let them have that conflict resolved in front of us. And then we, as citizens, instead of having this massive surveillance apparatus built completely secretly and in the dark without us knowing anything that’s going on, we can then be informed about what kinds of surveillance the government is engaged in and have a reasoned debate about whether that’s the kind of world in which we want to live.
You can, if you want, depict this as willful efforts to destroy trust in the federal government’s spying and surveillance. But calls for having “conflicts [in different actors’ accounts] resolved” in public and “reasoned debate” are not, under any reasonable definition efforts ‘paranoid libertarian’ attacks on liberalism. They are what democratic liberalism, as it is usually understood, is supposed to be all about – active debate by an informed public over what it wants the government to do and not to do. It’s only by magically eliding liberalism into the need for a surveillance state that Wilentz can get where he wants to go to. But at best that kind of elision begs a lot of fundamental questions. At worst, it involves willful and active dishonesty.

It also relies on a quite extraordinary blindness. Wilentz sneers at the claim that the US is “an imperial power, drunk on its hegemonic ambitions.” But his evidence that this is “simply not the case” solely and exclusively involves surveillance of US citizens (where his claims seem to me to be inaccurate, but that’s a different matter). Yet if one looks at the US reaction to the Snowden revelations, a reaction that Wilentz glosses over as pursuit of a “serious criminal,” there’s plenty of evidence both of imperialism and hegemonic drunkenness. These not only include the apparent threats of retaliation against any country against any country that even slightly cares about the goodwill of the US, and might be so impudent as to give Snowden exile, but the decision to get US allies to force down the plane of a head of state on the mere suspicion that Snowden might be on board. It’s hard for me to see this as anything other than arrogant, drunken imperialism, but likely my cynicism just reveals my sneaky illiberalism. Wilentz goes on to deplore how Snowden has damaged the credibility of US influence over the Internet by revealing that “the US was manipulating the Internet for its own nefarious means.” But, rather obviously, the US was manipulating the Internet (and, for that matter, fundamental cryptographic standards) for its own nefarious means. That’s the kind of thing that power-drunk hegemons do.

There’s space for argument and debate over whether what Snowden did was right or wrong, good or bad. There’s also, very obviously, space for criticizing Glenn Greenwald, Edward Snowden and Julian Assange as writers, as activists, as whatever. FWIW, I’m not, for many reasons, a fan of Assange, I’ve had the odd run-in with Greenwald, and I doubt I’d agree with much of Snowden’s politics beyond his skepticism of the security state (which probably goes a lot further than mine – I’m OK with e.g. many forms of spying on China and Russia). But what Wilentz is engaged in isn’t expression of disagreement, or real argument, or intelligent criticism. It’s shoddy hackwork, a kind of underpants gnome reasoning, in which Wilentz starts from evidence that Greenwald, Snowden and Assange have a common goal (as they surely do) of weakening the surveillance state, claims that this entails that they are really out to wound the liberal state, and tries to slap together the missing argumentative bridgework between these very different claims with expostulation, innuendo, arm-waving, personal attacks and whatever else he can throw in that he thinks might be damaging. It’s sad to see someone who considers himself (and is considered by many of his colleagues) to be a serious historian shoveling this kind of tripe in public; it’s the sort of thing that gives public intellectualism a bad name. A sorry affair, altogether.

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Plume 01.19.14 at 7:38 pm

Wilentz would have a better argument if he said that pushing back against the growing power of the security state was absolutely warranted. A societal good. And that whistleblowers are heroes, etc. But he should then add that Greenwald and company generally forget the other half of the problem: the private sector. Which, actually, controls the government and basically created the security state for its own profit.

I’ve read GG for a long time, and that has always been a big blind spot for him. As it is for pretty much all right-wing libertarians. Though GG’s politics are mixed and include left-wing vision in some cases. They tend toward monomania against “government” per se, while letting business off the hook repeatedly.

Notice that Assange and Snowden had virtually zero big bombshells regarding corporate malfeasance. It was all about government. And that’s fine, as long as someone else is picking up the slack and doing a kind of “wikileaks” involving corporate America and capitalism in general. If it’s just government, it tells us little we didn’t already know. And I suspect government is there as a kind of buffer and fall guy for corporate interests anyway, and the powers that be are fine with all the focus on government, etc. In fact, they set it up that way.

For all the sturm and drang, the powers that be are laughing all the way to the bank. Their asses are still covered. Government officials are nothing but sacrificial lambs, etc.

Bottom line: We need whistleblowers in both the public and private sectors. We seem to only get them in the public.
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Re: The Wikileaks Question

Postby Grizzly » Mon Nov 26, 2018 1:51 am

Bottom line: We need whistleblowers in both the public and private sectors. We seem to only get them in the public.


Indeed...indeed. Thanks Jack.
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Re: The Wikileaks Question

Postby Belligerent Savant » Mon Nov 26, 2018 3:08 pm

.

This piece references mainstream talking points (naturally, given the demo), but worth reproducing here:

https://www.rollingstone.com/politics/p ... ks-758883/

(numerous embedded links at source)


Why You Should Care About the Julian Assange Case

Matt Taibbi

Wikileaks founder Julian Assange, who has been inside the Ecuadorian embassy in London since the summer of 2012, is back in the news. Last week, word of a sealed federal indictment involving him leaked out.

The news came out in a strange way, via an unrelated case in Virginia. In arguing to seal a federal child endangerment charge (against someone with no connection to Wikileaks), the government, ironically, mentioned Assange as an example of why sealing is the only surefire way to keep an indictment under wraps.
“Due to the sophistication of the defendant and the publicity surrounding the case,” prosecutors wrote, “no other procedure is likely to keep confidential the fact that Assange has been charged.”

Assange’s lawyer Barry Pollack told Rolling Stone he had “not been informed that Mr. Assange has been charged, or the nature of any charges.”
Pollock and other sources could not be sure, but within the Wikileaks camp it’s believed that this charge, if it exists, is not connected to the last election.
“I would think it is not related to the 2016 election since that would seem to fall within the purview of the Office of Special Counsel,” Pollack said.

If you hate Assange because of his role in the 2016 race, please take a deep breath and consider what a criminal charge that does not involve the 2016 election might mean. An Assange prosecution could give the Trump presidency broad new powers to put Trump’s media “enemies” in jail, instead of just yanking a credential or two. The Jim Acosta business is a minor flap in comparison.

Although Assange may not be a traditional journalist in terms of motive, what he does is essentially indistinguishable from what news agencies do, and what happens to him will profoundly impact journalism.

Reporters regularly publish stolen, hacked and illegally-obtained material. A case that defined such behavior as criminal conspiracy would be devastating. It would have every reporter in the country ripping national security sources out of their rolodexes and tossing them in the trash.

A lot of anti-Trump reporting has involved high-level leaks. Investigation of such leaks has reportedly tripled under Trump even compared to the administration of Barack Obama, who himself prosecuted a record number of leakers. Although this may seem light years from the behavior of Wikileaks, the legal issues are similar.

Although it’s technically true that an Assange indictment could be about anything, we do have some hints about its likely direction. Back in 2014, search warrants were served to Google in connection with Wikileaks that listed causes of criminal action then being considered. Google informed Wikileaks of the warrants. You can see all of this correspondence here.

The government back then –—again, this pre-dated 2016, Roger Stone, Guccifer 2.0, etc. — was looking at espionage, conspiracy to commit espionage, theft or conversion of property belonging to the United States government, violation of the Computer Fraud and Abuse Act and conspiracy.

The investigation probably goes as far back as 2010, in connection with the release of ex-army private Chelsea Manning’s “Collateral Murder” video. That footage showed American forces in Iraq firing on a Reuters journalist and laughing about civilian casualties.

While much of the progressive media world applauded this exposure of George W. Bush’s Iraq war, the government immediately began looking for ways to prosecute. The Sydney Herald reported that the FBI opened its investigation of Assange “after Private Manning’s arrest in May of 2010.”

Ironically, one of the first public figures to call for Assange to be punished was Donald Trump, who in 2010 suggested the “death penalty” on Fox Radio’s Kilmeade and Friends.
While Trump complained, Wikileaks became an international sensation and a darling of the progressive set. It won a host of journalism prizes, including the Amnesty International New Media Award for 2009.

But a lot of press people seemed to approve of Wikileaks only insofar as its “radical transparency” ideas coincided with traditional standards of newsworthiness.
The “Collateral Murder” video, for instance, was celebrated as a modern take on Sy Hersh’s My Lai Massacre revelations, or the Pentagon Papers.

From there, the relationship between Assange and the press deteriorated quickly. A lot of this clearly had to do with Assange’s personality. Repeat attempts by (ostensibly sympathetic) reporters to work with Assange ended in fiascoes, with the infamous “Unauthorized Autobiography” — in which Assange abandoned the anticipated Canongate books project mid-stream, saying “all memoir is prostitution” — being one of many projects to gain him a reputation for egomania and grandiosity.

Partners like the Committee to Protect Journalists, who had been sifting through Wikileaks material to prevent truly harmful information from getting out, began to be frustrated by what they described as a frantic pace of releases.

In one episode, an Ethiopian journalist was questioned by authorities after a Wikileaks cable revealed he had a source in government; the CPJ wanted to redact the name. “We’ve been struggling to get through” the material, the CPJ wrote.

Eventually, for a variety of reasons, the partnerships with media organizations like the New York Times and The Guardian collapsed. Add to this the strange and ugly affair involving now-dismissed rape inquiry in Sweden, and Assange’s name almost overnight became radioactive with the same people who had feted him initially.
It seemed to me from the start the “reputable” press misunderstood Wikileaks. Newspapers always seemed to want the site’s scoops, without having to deal with the larger implications of its leaks.

It’s easy to forget that Wikileaks arrived in the post-9/11 era, just as vast areas of public policy were being nudged under the umbrella of classification and secrecy, often pointlessly so.

Ronald Reagan’s executive secretary for the National Security Council, Rodney McDaniel, estimated that 90 percent of what was classified didn’t need to be. The head of the 9/11 commission put the number at 75 percent.

This created a huge amount of tension between so-called “real secrets” — things that really should never be made public, like military positions and the designs of mass-destruction weapons — and things that are merely extremely embarrassing to people in power and should come out. The bombing of civilian targets in Iraq was one example. The mistreatment of prisoners in Guantanamo Bay was another.

A lack of any kind of real oversight system on this score is what led to situations like the Edward Snowden case. In 2013, Americans learned the NSA launched a vast extralegal data-collection program not just targeting its own people, but foreign leaders like Angela Merkel.

Snowden ended up in exile for exposing this program. Meanwhile, the government official who under oath denied its existence to congress, former Director Of National Intelligence James Clapper, remains free and is a regular TV contributor, despite numerous Senators having called for his prosecution. This says a lot about the deep-seated, institutional nature of secrecy in this country.

It always seemed that Assange viewed his primary role as being a pain in the ass to this increasingly illegitimate system of secrets, a pure iconoclast who took satisfaction in sticking it to the very powerful. I didn’t always agree with its decisions, but Wikileaks was an understandable human response to an increasingly arbitrary, intractable, bureaucratic political system.

That it even had to exist spoke to a fundamental flaw in modern Western democracies — i.e. that our world is now so complex and choked with secrets that even releasing hundreds of thousands of documents at a time, we can never be truly informed about the nature of our own societies.

Moreover, as the Snowden episode showed, it isn’t clear that knowing unpleasant secrets is the same as being able to change them.

In any case, the institutions Wikileaks perhaps naively took on once upon a time are getting ready to hit back. Frankly it’s surprising it’s taken this long. I’m surprised Assange is still alive, to be honest.

If Assange ends up on trial, he’ll be villainized by most of the press, which stopped seeing the “lulz” in his behavior for good once Donald Trump was elected. The perception that Assange worked with Vladimir Putin to achieve his ends has further hardened responses among his former media allies.

As to the latter, Assange denies cooperating with the Russians, insisting his source for the DNC leak was not a “state actor.” It doesn’t matter. That PR battle has already been decided.

Frankly, none of that entire story matters, in terms of what an Assange prosecution would mean for journalism in general. Hate him or not, the potential legal consequences are the same.

Courts have held reporters cannot be held liable for illegal behavior of sources. The 2001 Supreme Court case Bartnicki v. Vopper involved an illegal wiretap of Pennsylvania teachers’ union officials, who were having an unsavory conversation about collective bargaining tactics. The tape was passed to a local radio jock, Frederick Vopper, who put it on the air.

The Court ruled Vopper couldn’t be liable for the behavior of the wiretapper.

It’s always been the source’s responsibility to deal with that civil or criminal risk. The press traditionally had to decide whether or not leaked material was newsworthy, and make sure it was true.

The government has been searching for a way to change that equation. The Holy Grail would be a precedent that forces reporters to share risk of jail with sources.
Separate from Assange, prosecutions of leakers have sharply escalated in the last decade. The government has steadily tiptoed toward describing publishers as criminal conspirators.

Through the end of the Obama years, presidents had only prosecuted leakers twelve times. Nine of those came under Obama’s tenure. Many of those cases involved the Espionage Act.

In one case, a Fox reporter was an unindicted co-conspirator in a leak case involving a story about North Korea planning a nuclear test in response to sanctions.
In another incident, then-New York Times reporter James Risen spent seven years fighting an attempt by the Obama government to force him to compel his sources in a story about Iran’s nuke program.

A more recent case, from the Trump years, involved NSA leaker Reality Winner, who was given a draconian five-year prison sentence for leaking to The Intercept.
Despite Trump’s more recent cheery campaign-year comments about Wikileaks, and his son’s now-infamous email correspondence with Assange, Trump’s career-government appointees have not deviated much from the old party line on Wikileaks.

Trump’s security chiefs repeatedly called for a prosecution of Assange, with then-Justice head Jeff Sessions saying it was a “priority.”

Current Secretary of State and then-CIA director Mike Pompeo called Wikileaks a “non-state hostile intelligence service” and added, “Julian Assange has no First Amendment freedoms… He is not a U.S. citizen.”

It’s impossible to know exactly what recent news about an indictment means until we see it (the Reporters’ Committee for the Freedom of the Press has already filed a motion to unseal the charges). If there is a case, it could be anything in the federal criminal code, perhaps even unrelated to leaks. Who knows?

But the more likely eventuality is a prosecution that uses the unpopularity of Assange to shut one of the last loopholes in our expanding secrecy bureaucracy. Americans seem not to grasp what might be at stake. Wikileaks briefly opened a window into the uglier side of our society, and if publication of such leaks is criminalized, it probably won’t open again.

There’s already a lot we don’t know about our government’s unsavory clandestine activities on fronts like surveillance and assassination, and such a case would guarantee we’d know even less going forward. Long-term questions are hard to focus on in the age of Trump. But we may look back years from now and realize what a crucial moment this was.


Editor’s Note: This story was updated to reflect that Assange was never charged with rape, rather there was an inquiry, and that investigation has since been dropped.
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Re: The Wikileaks Question

Postby Belligerent Savant » Mon Nov 26, 2018 3:28 pm

.

That first comment included in JR's linked piece is worth repeating/underscoring in full:


JackRiddler » Sun Nov 25, 2018 9:12 pm wrote:

http://crookedtimber.org/2014/01/19/the ... nce-state/

[…]

1
Plume 01.19.14 at 7:38 pm

Wilentz would have a better argument if he said that pushing back against the growing power of the security state was absolutely warranted. A societal good. And that whistleblowers are heroes, etc. But he should then add that Greenwald and company generally forget the other half of the problem: the private sector. Which, actually, controls the government and basically created the security state for its own profit.

I’ve read GG for a long time, and that has always been a big blind spot for him. As it is for pretty much all right-wing libertarians. Though GG’s politics are mixed and include left-wing vision in some cases. They tend toward monomania against “government” per se, while letting business off the hook repeatedly.

Notice that Assange and Snowden had virtually zero big bombshells regarding corporate malfeasance. It was all about government. And that’s fine, as long as someone else is picking up the slack and doing a kind of “wikileaks” involving corporate America and capitalism in general. If it’s just government, it tells us little we didn’t already know. And I suspect government is there as a kind of buffer and fall guy for corporate interests anyway, and the powers that be are fine with all the focus on government, etc. In fact, they set it up that way.

For all the sturm and drang, the powers that be are laughing all the way to the bank. Their asses are still covered. Government officials are nothing but sacrificial lambs, etc.

Bottom line: We need whistleblowers in both the public and private sectors. We seem to only get them in the public.
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Re: The Wikileaks Question

Postby JackRiddler » Mon Nov 26, 2018 9:09 pm

https://www.repubblica.it/esteri/2018/1 ... -212689883

www.repubblica.it

The detention and isolation from the world of Julian Assange

di STEFANIA MAURIZI

They are destroying him slowly. They are doing it through an indefinite detention which has been going on for the last eight years with no end in sight. Julian Assange has become one of the most widely known icons of freedom of the press and the struggle against state secrecy. Recently, his detention in the Ecuadorian embassy in London has been joined by isolation, strict rules and various forms of pressure which seem to have no other purpose than to break him down. A grip meant to destroy his physical and mental ability to resist until he either breaks down or he steps out of the Ecuadorian embassy, unleashing the beginning of his own end. Because if he does step out, he will be arrested by the UK authorities, and at that point the US could request his extradition so that they can put him in jail for publishing classified US documents. Julian Assange is in extremely precarious conditions.

After eight months of failed attempts, la Repubblica was finally able to visit the WikiLeaks founder in the Ecuadorian embassy in London, after the current Ecuadorian president, Lenin Moreno had cut him off from all contacts last March with the exception of his lawyers. No contact with friends, stars, journalists, no phone calls, no internet access. Indeed a very heavy isolation regime for anyone, but for Julian Assange in particular, considering that he has been confined to that tiny embassy for the last six years, and also considering that for Assange the internet is not an optional like any other: it's his world.

As soon as we saw him, we realised he has lost a lot of weight. Too much. He is so skinny. Not even his winter sweater can hide his skinny shoulders. His nice-looking face, captured by photographers all around the world, is very tense. His long hair and beard make him look like a hermit, though not a nutter: as we exchange greetings, he seems very lucid and rational.

rep

This regime of complete isolation would have broken anyone down, yet Assange is holding up: he spends his time thinking and preparing his defence against the US prosecution. But he spends too much time completely alone, with the exception of the security guards at the embassy. He is completely alone throughout the weekends. He is alone during the night, in the embassy building which has been girded with a scaffolding that makes intrusions in the middle of the night easy.

The Ecuadorian embassy is problematic for journalists as well: to be authorised to visit Julian Assange, we have been asked by the Ecuadorian authorities to provide: "Brand, model, serial number, IMEI number and telephone number (if applicable) of each of the telephone sets, computers, cameras and other electronic equipment that the applicant wants to enter with to the Embassy and keep during their interview". Such a request, unfortunately, exposes journalists to serious risks of surveillance of their communications. But in order to be able to visit Assange we provided this data, hoping we could keep our phones. As it turned out, providing that data was useless: when we entered the embassy, our phones were seized anyway.

The friendly atmosphere we had always experienced during our visits over the last six years is now gone. The Ecuadorian diplomat who had always supported the WikiLeaks founder, Fidel Narvaez, has been removed. Not even the cat is there anymore. With its funny striped tie and ambushes on the ornaments of the Christmas tree at the embassy's entrance, the cat had helped defuse tension inside the building for years. But Assange has preferred to spare the cat an isolation which has become unbearable and allow it a healthier life.

The news that surfaced last week, revealing the existence of criminal charges against Julian Assange by the US authorities, charges which were supposed to remain under seal until it was impossible for Assange to evade arrest, vindicates what Assange has feared for years. He is now waiting for the charges to be unsealed, but in the meantime he is silent: the risk that he could suddenly lose Ecuador's protection due to some public statement is not improbable these days.

Two years ago, the UN Working Group on Arbitrary Detention (UNWGAD) established that the UK (at that time Sweden as well) is responsible for detaining Assange arbitrarily: it should free him and compensate him. London did not welcome this decision: they tried to appeal it, but lost the appeal and since then have simply ignored it.

The British media has never called on the UK authorities to comply with the UN body's decision, quite the opposite: some even lashed out against the UN body. If Julian Assange ends up in the hands of the UK authorities in the upcoming months and the US asks for his extradition, where will the British medial stand? Never before has the life of the WikiLeaks founder been so crucially in the hands of public opinion and in the hands of one of the few powers whose mission it is to reign in the worst instincts of our governments: the press.
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Re: The Wikileaks Question

Postby liminalOyster » Mon Nov 26, 2018 11:41 pm

Has anyone here ever seen intelligent speculation that Assange may have info on Michael Hastings death? (Beyond just the bit about CIA research into remote car hacking in the Vault 7 dump, that is)
"It's not rocket surgery." - Elvis
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Re: The Wikileaks Question

Postby Rory » Tue Nov 27, 2018 12:07 pm

SmartSelect_20181127-080236_Twitter.jpg
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Re: The Wikileaks Question

Postby seemslikeadream » Tue Nov 27, 2018 12:31 pm

emptywheel

33m33 minutes ago

Emma posits that GRU was listening when WikiLeaks offered an award on 3/9/16 for Clinton's Goldman Sachs transcripts.

Alternately, this was part of a cover story

https://twitter.com/emptywheel
.



emptywheel



emptywheel Retweeted Olivier Knox
This might be the biggest reason to doubt that Guardian story yet.emptywheel added,
Olivier Knox

Must say "sandy-coloured chinos, a cardigan and a light-coloured shirt" reflects a level of sartorial insouciance I don't necessarily associate with Manafort.


emptywheel

That said, if Manafort has such close ties to Assange, why would the campaign have needed Stone as a go-between. (There are answers to that, but the question is a big one, and that area is one where Manafort reportedly lied to Mueller.)
e
Folks are asking me abt the report that Manafort was chumming up to Assange (coming the day after confirmation he lied).



emptywheel

2h2 hours ago

In another era, it might be utterly shocking news that the most powerful man in the world considers his criminal defense interests to be mutually aligned with an epic hoaxster.

But we wouldn't have Trump as President if not for Corsi, so we should not be surprised.


Technical report shows Russian hacking began hours after WikiLeaks mentioned a reward

EmmaBest
November 26, 2018

Hours before Russian hacking operations targeted Hillary Clinton’s campaign in the spring of 2016, WikiLeaks discussed offering a monetary reward for transcripts of her speeches at Goldman Sachs. Soon after, Russian hackers launched a spear phishing campaign that resulted in John Podesta’s email account being compromised. Emails containing excerpts from the speeches were included in the first day of the Podesta email releases. A week later, emails containing the transcripts themselves were released. WikiLeaks heralded these transcripts as their “holy grail.”

The story began on March 9, 2016, when WikiLeaks sent a tweet with a poll asking if they should add Hillary Clinton’s Goldman Sachs speeches to their ”Most Wanted” page for six figure rewards for materials. When the poll completed twenty four hours later, 93% of respondents said that WikiLeaks should offer a reward for the speeches. The Russian hackers at Fancy Bear may have been listening and been inspired by WikiLeaks’ comment. Unpublished targeting data collected by Secureworks shows the hacking campaign began earlier than the Mueller indictment reveals. A week and a half later, after dozens of attempts to penetrate the accounts of Podesta and other Clinton staffers and associates, Fancy Bear sent the phishing email that successfully tricked Podesta into compromising his account and the Goldman Sachs speeches along with it.

Image

Secureworks’ unpublished breakdown of the Russian spear phishing and hacking effort, which AP described last year, shows that the campaign to penetrate the account began hours after WikiLeaks teased the possibility of offering a reward for the information. The tweet first mentioning the potential of a reward for the Goldman Sachs transcripts was sent at 8:16 P.M. Moscow time. At 11:56 AM the next day, less than sixteen hours later, Russian hackers began a campaign that would target “over 300 individuals affiliated with the Clinton Campaign, DCCC, and DNC.“ Podesta’s emails accounts were targeted in the days that followed and successfully compromised a week later, resulting in the exfiltration of nearly 60,000 emails.

Image

Months after they tweeted about a possible reward for the Goldman Sachs speeches, WikiLeaks tweeted that they would soon offer a reward for additional documents related to the U.S. election. Attached to the August 27 tweet was a poll asking if it should be the Goldman Sachs transcripts, Trump’s tax returns, or something else. 72% of the it’s nearly 47,000 respondents voted for the Goldman Sachs transcripts. WikiLeaks doesn’t appear to have formally offered the reward, though they defended their decision to do so in a subsequent tweet. The organization’s defense of their use of rewards addressed questions of efficacy, but not questions of the ethics. Many organizations shy away from such rewards not simply because they can induce sources to fabricate, but because they can induce sources to take illegal action to get the information. While some Democrats have offered rewards for copies of Trump’s tax returns, they specify that they must be legally obtained.

Image

By the second time WikiLeaks brought up a reward for the Goldman Sachs transcripts, they were already in touch with the Russian hackers through the Guccifer 2.0 front. According to the Mueller indictment, the organization had made contact with them at least two months prior and received the DNC emails a few later. However, it’s not yet clear precisely when the organization received the Podesta emails or learned they contained copies of the Goldman Sachs transcripts. Regardless of when WikiLeaks received the Podesta cache, the emails containing the Goldman Sachs speeches were among the first emails that the organization chose to release. To emphasize the release of the excerpts, WikiLeaks tweeted a link and picture highlighting the email that contained excerpts from Clinton’s 2013 and 2014 speeches at Goldman Sachs.

Image

A week later, WikiLeaks released transcripts of three of Clinton’s Goldman Sachs speeches. In one of their tweets, they referred to it as a “holy grail” of journalism.

Image

The handful of waking hours in Moscow separating WikiLeaks’ proposal of offering a reward for the Goldman Sachs speeches and the beginning of a new wave of spear phishing attempts is not the only time Russian hackers may’ve taken their cue from the calls for the release of Hillary Clinton material. On July 27, 2016, Donald Trump infamously and publicly encouraged Russians to provide copies of Hillary Clinton’s emails. Trump’s call to action was made when it was late afternoon in Russia, and was followed by some “after-hours” spear phishing.

Image

The timing of the two events suggestively points to a possible connection between WikiLeaks’ willingness to reward stolen Clinton information with the decision by Russian intelligence to steal Clinton information. However, prosecutors would likely face difficulties making a case for solicitation based solely on the discussion of a potential reward. The discussion does, however, provide a basis for further investigation by authorities.

The FBI and Robert Mueller’s office have, for instance, identified bitcoin accounts used by the Russian hackers for the campaign targeting the 2016 U.S. Presidential election as well as their preexisting efforts targeting diplomats, diplomatic institutions and persons of interest to Russian intelligence. The web of transactions associated with those accounts have undoubtedly been scoured for any connections to WikiLeaks, as have the organizations’ other communications.

Image

Regardless of whether the mention of a reward factors into discussions within the Department of Justice about whether and how to charge Assange and other WikiLeaks personnel, it is the sort of behavior that’s come to the attention of the Central Intelligence Agency. In a speech on July 7, 2017, CIA Director Pompeo said that “WikiLeaks [is] a non-state hostile intelligence service that recruits spies, rewards people who steal legitimate secrets, and uses that information to subvert Western democracies.” The Director’s comments may have been general observations, though it’s unlikely that the Agency would be aware of this behavior but not consider the timing of the two events.

Even if investigators found no information to reinforce the timing connection (such as an actual payment), it raises ethical questions in the debate surrounding WikiLeaks. In the past, the organization’s response to the question has focused on veracity of materials, but ignored the implications of creating incentives to find and submit private or secret materials. In this instance, the result is a series of events the timing of which suggest that WikiLeaks’ tweet may have been the inspiration for beginning the next phase of Russia’s cyberwar operations.

While contentious, the ethical questions are far from one-sided. A New York Times op-ed addressed the situation in 2015 with cautious praise, calling it “a flawed solution to a very real problem.” The op-ed also warned that “it seems probable that WikiLeaks will entice someone into breaking the law.” “The idea of offering a cash incentive for the leaking of confidential documents is anathema. But WikiLeaks, like other media disrupters [sic], leaves us no choice but to reconsider this prohibition.” Despite its cautiously high praise, the op-ed provides a nuanced glimpse of a debate that’s sure to be renewed by the timing of WikiLeaks’ tweet and the onset of Russian cyber attacks targeting Hillary Clinton.

Other questions also remain – was it a coincidence that the Podesta emails WikiLeaks received contained the Goldman Sachs speeches they were interested in? Numerous other emails and documents were released through the DCLeaks front and the Guccifer 2.0 entity, raising the question of why these specific emails were reserved for WikiLeaks. Did WikiLeaks argue, as Mueller and BuzzFeed have documented in other instances, that it would have more impact if WikiLeaks had exclusivity? These questions are somewhat typical of the ones resulting from the investigation into interference with the 2016 election – they boil down to separating coincidence from complicity. For WikiLeaks, that question is not just a legal one, but a moral one.
https://emma.best/2018/11/26/technical- ... -a-reward/
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They could still get him out of office.
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Re: The Wikileaks Question

Postby Rory » Tue Nov 27, 2018 12:42 pm

Cross posting here - though not sure this has a separate "guccifer" thread to place original

https://theforensicator.wordpress.com/g ... eadcrumbs/

Guccifer 2’s Russian Breadcrumbs

In this report, Forensicator analyzes metadata left in the various documents that Guccifer 2 modified and then published on his WordPress blog. Some new discoveries are made, some revisited. Forensicator concludes that Guccifer 2’s consistent intent was to plant clues which connected Guccifer 2 to Russia. Except for one head fake, when Guccifer 2 was Romanian for a day.
Introduction

This report builds on two previous articles: Did Guccifer 2 Plant his Russian Fingerprints? and Media Mishaps: Early Guccifer 2 Coverage. In those reports we analyze Guccifer 2’s first batch of documents that were published on his WordPress blog. We demonstrate that Guccifer 2 likely planted his “Russian fingerprints” into those documents. Those “Russian fingerprints” were widely covered by mainstream media and provided circumstantial support for the idea that Guccifer 2 was in fact a Russian operative (or a team of operatives), in spite of his rather clumsy attempts to cover his tracks.

We introduce our conclusions and results first. Following that material is the detailed analysis that provides the factual basis for the conclusions. Those details may be primarily of interest to other researchers and to those who are more technically inclined.
The Guccifer 2 Narrative

In this report, we take the position that most of Guccifer 2’s metadata modifications were deliberate. Our position is at odds with mainstream media’s recital of events.

The MSM narrative, as best we understand it, is that Guccifer 2 initially slipped up — disclosing documents that were last saved using a user id written in Cyrillic; that user id made reference to a famous Russian spy chief.

Further, Guccifer 2’s first document, which he shared with two media outlets had Russian error messages embedded in the PDF’s that those media outlets published. These error messages became known as Guccifer 2’s “Russian fingerprints”, presumably left behind by accident. In Did Guccifer 2 Plant his Russian Fingerprints? we demonstrate that the process which Guccifer 2 likely used to plant those Russian error message was complex and deliberate.

An important point to make here is that Guccifer 2 modified 36 documents, published in several batches, and each batch has metadata that can be linked to Russia (or in one batch, Romania). Guccifer 2 often made minimal changes to a document apparently with no rhyme or reason; yet, Russian (Romanian) indications were the only tangible result that those changes had in common. Guccifer 2 explained away his document tweaks as simply a result of his desire to plant his hacker “water mark” (signature). The media accepted this explanation and viewed it as a clumsy (and obvious) effort to cover his initial (alleged) mistakes. We have a different opinion. We think that Guccifer 2’s main intent was to implant metadata that implicates Russia.

More at link
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Re: The Wikileaks Question

Postby Rory » Tue Nov 27, 2018 12:58 pm

https://www.craigmurray.org.uk/archives ... t-mi6-lies

The right wing Ecuadorean government of President Moreno continues to churn out its production line of fake documents regarding Julian Assange, and channel them straight to MI6 mouthpiece Luke Harding of the Guardian.

Amazingly, more Ecuadorean Government documents have just been discovered for the Guardian, this time spy agency reports detailing visits of Paul Manafort and unspecified “Russians” to the Embassy. By a wonderful coincidence of timing, this is the day after Mueller announced that Manafort’s plea deal was over.

The problem with this latest fabrication is that Moreno had already released the visitor logs to the Mueller inquiry. Neither Manafort nor these “Russians” are in the visitor logs.

This is impossible. The visitor logs were not kept by Wikileaks, but by the very strict Ecuadorean security. Nobody was ever admitted without being entered in the logs. The procedure was very thorough. To go in, you had to submit your passport (no other type of document was accepted). A copy of your passport was taken and the passport details entered into the log. Your passport, along with your mobile phone and any other electronic equipment, was retained until you left, along with your bag and coat. I feature in the logs every time I visited.

There were no exceptions. For an exception to be made for Manafort and the “Russians” would have had to be a decision of the Government of Ecuador, not of Wikileaks, and that would be so exceptional the reason for it would surely have been noted in the now leaked supposed Ecuadorean “intelligence report” of the visits. What possible motive would the Ecuadorean government have for facilitating secret unrecorded visits by Paul Manafort? Furthermore it is impossible that the intelligence agency – who were in charge of the security – would not know the identity of these alleged “Russians”.

Previously Harding and the Guardian have published documents faked by the Moreno government regarding a diplomatic appointment to Russia for Assange of which he had no knowledge. Now they follow this up with more documents aimed to provide fictitious evidence to bolster Mueller’s pathetically failed attempt to substantiate the story that Russia deprived Hillary of the Presidency.

My friend William Binney, probably the world’s greatest expert on electronic surveillance, former Technical Director of the NSA, has stated that it is impossible the DNC servers were hacked, the technical evidence shows it was a download to a directly connected memory stick. I knew the US security services were conducting a fake investigation the moment it became clear that the FBI did not even themselves look at the DNC servers, instead accepting a report from the Clinton linked DNC “security consultants” Crowdstrike.

I would love to believe that the fact Julian has never met Manafort is bound to be established. But I fear that state control of propaganda may be such that this massive “Big Lie” will come to enter public consciousness in the same way as the non-existent Russian hack of the DNC servers.

Assange never met Manafort. The DNC emails were downloaded by an insider. Assange never even considered fleeing to Russia. Those are the facts, and I am in a position to give you a personal assurance of them.

I can also assure you that Luke Harding, the Guardian, Washington Post and New York Times have been publishing a stream of deliberate lies, in collusion with the security services.

I am not a fan of Donald Trump. But to see the partisans of the defeated candidate (and a particularly obnoxious defeated candidate) manipulate the security services and the media to create an entirely false public perception, in order to attempt to overturn the result of the US Presidential election, is the most astonishing thing I have witnessed in my lifetime.

Plainly the government of Ecuador is releasing lies about Assange to curry favour with the security establishment of the USA and UK, and to damage Assange’s support prior to expelling him from the Embassy. He will then be extradited from London to the USA on charges of espionage.

Assange is not a whistleblower or a spy – he is the greatest publisher of his age, and has done more to bring the crimes of governments to light than the mainstream media will ever be motivated to achieve. That supposedly great newspaper titles like the Guardian, New York Times and Washington Post are involved in the spreading of lies to damage Assange, and are seeking his imprisonment for publishing state secrets, is clear evidence that the idea of the “liberal media” no longer exists in the new plutocratic age. The press are not on the side of the people, they are an instrument of elite control.
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Re: The Wikileaks Question

Postby JackRiddler » Tue Nov 27, 2018 1:18 pm

Remember, this is the same Luke Harding we know so well from that wonderful interview with Aaron Maté about his book Collusion, a science fiction parody in which Russians rule everything in the world. Watch it again, it's so damn good!

Harding and Leigh were co-authors of the 2011 book in which they disclosed the password for the "History Insurance" file, making the unredacted State Department cables archive available to the public. This is archived on p. 76 of this thread, thanks Plutonia. They claim this was inadvertant, as they were actually critical of Assange's "war on secrecy." But it did fuck up Assange, which is what they have consistently endeavored to do.

For archival purposes, I'm throwing in the Guardian article, but rather than take another half-hour or hour to deconstruct it, I'll bold various choice bits and weasels, and invite you all to tell us what is wrong or suspicious in each, or to conduct one tearing-up at a time. (I'll try not to just bold the whole thing.)


https://www.theguardian.com/us-news/201 ... an-embassy

Manafort held secret talks with Assange in Ecuadorian embassy, sources say
Trump ally met WikiLeaks founder months before emails hacked by Russia were published


Luke Harding and Dan Collyns in Quito

Tue 27 Nov 2018 09.23 EST

Donald Trump’s former campaign manager Paul Manafort held secret talks with Julian Assange inside the Ecuadorian embassy in London, and visited around the time he joined Trump’s campaign, the Guardian has been told.

Sources have said Manafort went to see Assange in 2013, 2015 and in spring 2016 – during the period when he was made a key figure in Trump’s push for the White House.

It is unclear why Manafort would have wanted to see Assange and what was discussed. But the last apparent meeting is likely to come under scrutiny and could interest Robert Mueller, the special prosecutor who is investigating alleged collusion between the Trump campaign and Russia.

A well-placed source has told the Guardian that Manafort went to see Assange around March 2016. Months later WikiLeaks released a stash of Democratic emails stolen by Russian intelligence officers.

Manafort, 69, denies involvement in the hack and says the claim is “100% false”. His lawyers declined to answer the Guardian’s questions about the visits.

In a series of tweets WikiLeaks said Assange and Manafort had not met. Assange described the story as a hoax.

Manafort was jailed this year and was thought to have become a star cooperator in the Mueller inquiry. But on Monday Mueller said Manafort had repeatedly lied to the FBI, despite agreeing to cooperate two months ago in a plea deal. According to a court document, Manafort had committed “crimes and lies” on a “variety of subject matters”.

His defence team says he believes what he has told Mueller to be truthful and has not violated his deal.

Why Manafort sought out Julian Assange in 2013 is unclear. Photograph: Facundo Arrizabalaga/EPA
Manafort’s first visit to the embassy took place a year after Assange sought asylum inside, two sources said.

A separate internal document written by Ecuador’s Senain intelligence agency and seen by the Guardian lists “Paul Manaford [sic]” as one of several well-known guests. It also mentions “Russians”.

According to the sources, Manafort returned to the embassy in 2015. He paid another visit in spring 2016, turning up alone, around the time Trump named him as his convention manager. The visit is tentatively dated to March.

Manafort’s 2016 visit to Assange lasted about 40 minutes, one source said, adding that the American was casually dressed when he exited the embassy, wearing sandy-coloured chinos, a cardigan and a light-coloured shirt.

Visitors normally register with embassy security guards and show their passports. Sources in Ecuador, however, say Manafort was not logged.

Embassy staff were aware only later of the potential significance of Manafort’s visit and his political role with Trump, it is understood.

The revelation could shed new light on the sequence of events in the run-up to summer 2016, when WikiLeaks published tens of thousands of emails hacked by the GRU, Russia’s military intelligence agency. Hillary Clinton has said the hack contributed to her defeat.

The previously unreported Manafort-Assange connection is likely to be of interest to Mueller, who has been investigating possible contacts between WikiLeaks and associates of Trump including the political lobbyist Roger Stone and Donald Trump Jr.

One key question is when the Trump campaign was aware of the Kremlin’s hacking operation – and what, if anything, it did to encourage it. Trump has repeatedly denied collusion.

Earlier this year Mueller indicted 12 GRU intelligence officers for carrying out the hack, which began in March 2016.

In June of that year WikiLeaks emailed the GRU via an intermediary seeking the DNC material. After failed attempts, Vladimir Putin’s spies sent the documents in mid-July to WikiLeaks as an encrypted attachment.

According to sources, Manafort’s acquaintance with Assange goes back at least five years, to late 2012 or 2013, when the American was working in Ukraine and advising its Moscow-friendly president, Viktor Yanukovych.


Sorry to interrupt after all, essential on this myth:
Real Manafort and "Russiagate" story is out http://rigorousintuition.ca/board2/view ... 5&p=663799


Why Manafort might have sought out Assange in 2013 is unclear. During this period the veteran consultant was involved in black operations against Yanukovych’s chief political rival, Yulia Tymoshenko, whom Yanukovych had jailed. Manafort ran an extensive lobbying operation featuring European former politicians.

He flew frequently from the US to Ukraine’s capital, Kiev – usually via Frankfurt but sometimes through London, flight records seen by the Guardian show.

Manafort is currently in jail in Alexandria, Virginia. In August a jury convicted him of crimes arising from his decade-long activities in Ukraine. They include large-scale money laundering and failure to pay US tax. Manafort pleaded guilty to further charges in order to avoid a second trial in Washington.

As well as accusing him of lying on Monday, the special counsel moved to set a date for Manafort to be sentenced.

One person familiar with WikiLeaks [by this description, I think everyone reading this qualifies as a "source."] said Assange was motivated to damage the Democrats campaign because he believed a future Trump administration would be less likely to seek his extradition on possible charges of espionage. This fate had hung over Assange since 2010, when he released confidential US state department cables. It contributed to his decision to take refuge in the embassy.

According to the dossier written by the former MI6 officer Christopher Steele, Manafort was at the centre of a “well-developed conspiracy of cooperation” between the Trump campaign and Russia’s leadership. The two sides had a mutual interest in defeating Clinton, Steele wrote, whom Putin “hated and feared”.


Again, see Graham Stack article archived in Real Manafort and "Russiagate" story is out.


In a memo written soon after the DNC emails were published, Steele said: “The [hacking] operation had been conducted with the full knowledge and support of Trump and senior members of his campaign team.”

As a candidate Trump warmly welcomed the dump of DNC emails by Assange. In October 2016 he declared: “I love WikiLeaks.” Trump’s comments came after WikiLeaks released a second tranche of emails seized from the email account of John Podesta, Clinton’s campaign chairman.

The Trump White House subsequently sent out mixed messages over Assange and his legal fate. In 2017 and behind the scenes Assange tried to reach a deal with Trump’s Department of Justice that might see him avoid US prison.

In May 2017, , Manafort flew to Ecuador to hold talks with the country’s president-elect Lenín Moreno. The discussions, days before Moreno was sworn in, and before Manafort was indicted – were ostensibly about a large-scale Chinese investment.

However, one source in Quito suggests that Manafort also discreetly raised Assange’s plight. Another senior foreign ministry source said he was sceptical Assange was mentioned. At the time Moreno was expected to continue support for him.

Last week a court filing released in error suggested that the US justice department had secretly charged Assange with a criminal offence. Written by the assistant US attorney, Kellen Dwyer, the document did not say what Assange had been charged with or when the alleged offence took place.

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Re: The Wikileaks Question

Postby JackRiddler » Tue Nov 27, 2018 1:23 pm

Rory » Tue Nov 27, 2018 11:42 am wrote:Cross posting here - though not sure this has a separate "guccifer" thread to place original

https://theforensicator.wordpress.com/g ... eadcrumbs/


Oh god, don't proliferate this more! I keep discovering additional related threads, trying to link them back here.

Craig Murray wrote:Amazingly, more Ecuadorean Government documents have just been discovered for the Guardian, this time spy agency reports detailing visits of Paul Manafort and unspecified “Russians” to the Embassy. By a wonderful coincidence of timing, this is the day after Mueller announced that Manafort’s plea deal was over.

The problem with this latest fabrication is that Moreno had already released the visitor logs to the Mueller inquiry. Neither Manafort nor these “Russians” are in the visitor logs.


I don't see Mueller actively participating in this, and I guess Murray wouldn't either. Mueller just stays clean in his Fortress of Solitude, where he receives gifts that he can choose to accept or not. The desired "revelation" of Manafort-Assange ties is channeled through the secret service of CIA-Moreno (someone who actually HAS met with Manafort!) and fed to the reliable MI6-Harding, who sings it out to the world via BlairiteShites-Guardian, with Mueller as the intended ultimate recipient of the public entreaty to love. As Murray describes it.

Perhaps Mueller already has a construct that wraps Guccifer-Manafort-Assange-et al. together in place. Perhaps he doesn't, or doesn't even want to use such a thing. This is unclear.

What is clear is that the grand jury was convened to indict Assange in the Alexandria district, with Brinkema as the presumed judge, all the way back in 2010-11. (This is also discussed with archived items waaaaay back in this thread somewhere.) The existence of this indictment is what was "inadvertantly" confirmed this month with the "accidental" copy-paste. Those charges could have had nothing to do with the 2016 election. It would have been a case about the war logs and State Department cables provided by Manning. Since the allegedly accidental copy-paste came from that federal prosecutors' office, presumably that is the still-active case for which Assange is to be extradited. It is the reason he fled into the Ecuadoran embassy in the first place. He will be charged for publishing the leaks, under Espionage Act or whatever they think.

Whether there will be additional Russiagate add-ons, or a separate Russiagate case, and whether this would happen within or outside Mueller's purview, is all a matter of speculation. So far, as with Harding today in the Guardian, we are seeing the public Russiagaters rushing forward to assume and help construct a hoped-for case against Assange for conspiracy (working with Russians to steal documents), rather than publication of received documents (in which a free-speech defense would be advanced).

I'm still inclined to think the "real" American deep-state (current front-man: Pompeo) wants to nail Assange on the former, as they would have loved to nail Ellsberg and the newspapers back in the Pentagon Papers era -- to establish the precedent that any kind of publication can be subjected to national-security limits and punitive charges.

.
Last edited by JackRiddler on Tue Nov 27, 2018 2:01 pm, edited 2 times in total.
We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

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Re: The Wikileaks Question

Postby Rory » Tue Nov 27, 2018 1:46 pm

SmartSelect_20181127-094537_Twitter.jpg



https://www.newssniffer.co.uk/articles/1706143/diff/0/1

This article is from the source 'guardian' and was first published or seen on November 27, 2018 14:48 (UTC). The next check for changes will be November 27, 2018 18:03

You can find the current article at its original source at https://www.theguardian.com/us-news/201 ... an-embassy

The article has changed 2 times. There is an RSS feed of changes available.
Previous version 1 Next version
Version 0 Version 1
Manafort held secret talks with Assange in Ecuadorian embassy

Manafort held secret talks with Assange in Ecuadorian embassy, sources say
2018-11-27 14:50:22 UTC 2018-11-27 16:05:16 UTC (about 1 hour later)


I wont try and c&p more in due to the formatting.
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Re: The Wikileaks Question

Postby JackRiddler » Tue Nov 27, 2018 2:03 pm

.

Rory, we'll get back to that duel shortly. None of that twenty-paces wimpy stuff either. Meanwhile:

For the sake of completeness I tried to cross-post this set of copy-pasted tweets. It doesn't work - possibly because you have screen-shot these and uploaded them here, and they will only display if you post it? Or maybe I have no idea, and it's some other reason? Anyway, it's very thorough archival work on your part, much appreciated.

Here is what comes out when I try it:

Rory » Tue Nov 27, 2018 11:19 am wrote:
SmartSelect_20181127-081643_Twitter.jpg

SmartSelect_20181127-081803_Twitter.jpg

SmartSelect_20181127-081913_Twitter.jpg
Last edited by JackRiddler on Tue Nov 27, 2018 2:14 pm, edited 1 time in total.
We meet at the borders of our being, we dream something of each others reality. - Harvey of R.I.

To Justice my maker from on high did incline:
I am by virtue of its might divine,
The highest Wisdom and the first Love.

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