Thoughts on the U.S. Press challenge to the prosecution of Assange

The rule of law binds government. The first amendment affirms that. The common reference to the possible effect on “victims” distorts the prohibition.
Btw, the prosecution of Chelsey Manning for revealing that troops were killing journalists or reporters on the ground was shameful. Obama/Biden did that. Obama also prevented the victims of U.S. military torture from getting their day in court.

Confidentiality is important, but there is always the potential that secrecy is used to cover up malfeasance. Because of the experience of Vietnam and, to a certain extent, the first Gulf War, the DoD devised the embedding of the press in order to gain the reporters’ compliance with being censored. The result is that the U.S. population is still ignorant of the outrages that were perpetrated on Iraq. That free-lance reporters who were not embedded were killed at an alarming rate is still not being legally addressed.

Will Biden lift the embargo on electronic records from Iraq. Talk about an unintended consequence: the FBI sued the CIA for destroying tapes of “enhanced interrogations.” SCOTUS ruled that electronic records are just like paper and must be saved. So, the DoD prohibited recording and persuaded Obama to withhold those that had already been made, using the excuse that Iraqi ire would put the troops at risk. So, did Biden agree or will he release the recordings of torture now?

Also, both the DoD and the DoJ are agencies looking to assert their autonomy. The DoD has a better case because, as long as it is focused overseas, it is under the direction of the Commander in Chief even though the SCOTUS did assert it is subject to law, both national and international.

The DoJ, on the other hand has no legitimate supervisor, oother than the electorate, which can engineer a change by throwing out the President, who appoints the AG. Trump has proven this supervision to be problematic by trying to use the DoJ to prosecute his enemies and the department went along in the interest of securing its absolute immunity.

I suspect it is not going to succeed in the long run. The lawyers in the Senate are going to legislate some kind of review. Prosecutors all over the country are responsible for the miscarriage of justice. Plea bargaining is a particularly pernicious process, supplanting both juries and judges.