FluxCapacitor said:
Starke said:
It looks like the FBI doesn't have jurisdiction in Oz, or wherever the hell Wikileaks is actually served from. I mean, that's the other side of this, BoA and pals are a lot like Anon's claim in this case, they sit outside the national jurisdiction where they're going to actually commit the crime, and rest on Personal Jurisdiction to keep them safe. As for the Pentagon (not the FBI), dirty tricks are half their job, and in the case of Wikileaks all of it. It's unfortunate, but not surprising.
For the moment I'm inclined to suspect that BoA and the FBI are actually separate clients in this mess with no direct knowledge of what the other was doing, unless there's something actually connecting both operations (other than Anonymous' love of Wikileaks) that I'm unaware of.
I don't disagree about the FBI and BoA being different clients, but they certainly hired the same skeezy IT firm so they have the same standards of legality.
And are we back saying that if the Pentagon does it, that's okay? That particular pill might be easy for Americans to swallow since they're supposedly doing it in your name, but it's pretty bitter for us in the rest of the world. I can't imagine how bitter it is for someone from a country that America has crapped on in the last 40 years.
Anonymous have the power to damage reputations of its targets (and maybe incur IT repair costs). The Pentagon has the power to lead the U.S. into wars condemned by the U.N., killing thousands of people, not to mention low level black ops in countries around the world. Whom should we hold to a higher standard? Who REALLY needs to clean up their act?
Actually on a second quick pass the
only mentions of the FBI in conjunction with HB Gary Federal are that 1) The FBI wanted to question Aaron Barr and 2)
Anonymous thought Barr was going to sell the information to the FBI. But here's the weird thing there Barr announced the information claiming it was going to go up at a security conference. Now, if the FBI was intending to use this the
last thing they'd want is for the information to be publicly available on a white paper.
As for the Pentagon, yeah, they're the shits. I'm not really inclined to defend them. Though it has been actions on the part of the executive, exploiting a modern loophole in the deployment language that has gotten the American military into every major engagement in the last decade, not the Pentagon's lust for power. What can I say, we chose poorly (or were duped) in 2000 and 2004, I'm sorry.
FluxCapacitor said:
And as a reply to your edit, Starke:
As far as I am aware, there has been no concrete path to charging Assange laid down. The Chapter 115 approach - treason or sedition - relies upon proving Bradley Manning had direct contact with Assange prior to allegedly stealing the cables (I say allegedly, since Manning hasn't been charged publicly with anything either), which they haven't been able to do. They then have to prove that Assange incited Manning to act against his country, which they certainly can't do as far as I've seen. Finally, they'd have to show that he was not acting as a journalist at the time, since journalistic efforts like this are legalised under whistleblower laws.
I know that Australia's AFP has formally stated that Assange has broken no Australian law. As an Aussie, I feel that this is enough for me to put him in the "didn't break the law" pile.
If the US Justice Dept had a strong case, why not try Assange in absentia, the way they did for Bin Laden following the first WTC bombing and the USS Cole? Because they don't have the case, that's why. After Gitmo, many of us in the rest of the world don't really trust your govt to release someone if they can't prove guilt (Google "David Hicks"), so Assange will fight tooth and nail to avoid US territory. I would too in his position.
Sorry, Chapter 37, I was tired and for some reason the distribution of classified data was under 115, my bad. Now, he almost certainly did violate Chapter 37, Section 793, without ever stepping foot in the US. Unusually dense wall of text incoming. [http://www.law.cornell.edu/uscode/18/usc_sec_18_00000793----000-.html] Now, obviously that isn't an Australian law, and that's fine for Oz, but it does certainly apply any time he gets within grabbing distance of the US.
Do I think he should be tried? Or rather that he wasn't doing something with good intent? I'm not sure. His intent appeared to be to encourage America to clean up its act by airing its dirty secrets. Which is actually quite laudable. But it won't be enough to protect him from prosecution if he ends up in the US. And he did quite certainly violate US laws by distributing the intel he got his hands on.
Assange has made people who were on the ground willing to work to rebuild Iraq and Afganistan hunted men. Prices have been put on the heads of people who collaborated based on the things he's released. Assange has gotten people killed for telling someone with a flag on their shoulder what they knew.
So, at the end, here's my problem, what he intended was laudable, but he also got people killed, and that's a much tougher pill to swallow.
Sorry, I'm rambling, but there you go.