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Kidnapping, assassination and a London shoot-out: Inside the CIA's secret war plans against WikiLeaks

Zach Dorfman, Sean D. Naylor and Michael Isikoff
 
Part 6 - Assange’s legal odyssey appears to have only just begun
 
Inside the White House, Pompeo’s impassioned arguments on WikiLeaks were making little headway. The director’s most aggressive proposals were “probably taken seriously” in Langley but not within the NSC, a former national security official said.

Even Sessions, Trump’s “very, very anti-Assange” attorney general, was opposed to CIA’s encroachment onto Justice Department territory, and believed that the WikiLeaks founder’s case was best handled through legal channels, said the former official.

Sessions’ concerns mirrored the tensions between the ramped-up intelligence collection and disruption efforts aimed at WikiLeaks, and the Justice Department’s goal of convicting Assange in open court, according to former officials. The more aggressive the CIA’s proposals became, the more other U.S. officials worried about what the discovery process might reveal if Assange were to face trial in the United States.

I was part of every one of those conversations,” Evanina said. “As much as we had the greener light to go do things, everything we did or wanted to do had repercussions in other parts of the administration.” As a result, he said, sometimes administration officials would ask the intelligence community to either not do something or do it differently, so that “we don’t have to sacrifice our collection that’s going to be released publicly by the bureau to indict WikiLeaks.

Eventually, those within the administration arguing for an approach based in the courts, rather than on espionage and covert action, won the policy debate. On April 11, 2019, after Ecuador’s new government revoked his asylum and evicted him, British police carried the WikiLeaks founder out of the embassy and arrested him for failing to surrender to the court over a warrant issued in 2012. The U.S. government unsealed its initial indictment of Assange the same day.

That indictment focused exclusively on allegations that in 2010, Assange offered to help Manning, the Army intelligence analyst, crack a password to break into a classified U.S. government network, an act that would have gone beyond journalism. But in a move that drew howls from press advocates, prosecutors later tacked on Espionage Act charges against Assange for publishing classified information — something that U.S. media outlets do regularly.

Assange’s legal odyssey appears to have only just begun. In January, a British judge ruled Assange could not be extradited to the United States, finding that he would be a suicide risk in a U.S. prison. Although Assange supporters hoped the Biden administration might drop the case, the United States, undeterred, appealed the decision. In July, a U.K. court formally permitted the U.S. appeal to proceed.

Pollack, Assange’s lawyer, told Yahoo News that if Assange is extradited to face trial, “the extreme nature of the type of government misconduct that you’re reporting would certainly be an issue and potentially grounds for dismissal.” He likened the measures used to target Assange to those deployed by the Nixon administration against Daniel Ellsberg for leaking the Pentagon Papers, noting the charges against Ellsberg were ultimately dismissed as well.

Meanwhile, WikiLeaks may be increasingly obsolete. The growing ability of groups and individuals — whistleblowers or dissidents, spies or criminals — to publish leaked materials online diminishes the group’s raison d’être. “We’re kind of post-WikiLeaks right now,” said a former senior counterintelligence official.

Yet spy services are increasingly using a WikiLeaks-like model of posting stolen materials online. In 2018, the Trump administration granted the CIA aggressive new secret authorities to undertake the same sort of hack-and-dump operations for which Russian intelligence has used WikiLeaks. Among other actions, the agency has used its new powers to covertly release information online about a Russian company that worked with Moscow’s spy apparatus.

For a former Trump national security official, the lessons of the CIA’s campaign against WikiLeaks are clear. “There was an inappropriate level of attention to Assange given the embarrassment, not the threat he posed in context,” said this official.

We should never act out of a desire for revenge.

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