Jameel Jaffer Quotes

And the press freedom fear here is that the prosecution of Assange, and even the indictment itself, will deter journalism that is important and necessary and that should be regarded as protected by the First Amendment. And I think that this ruling is, again, a victory for Assange, but insofar as it’s an endorsement of the U.S.’s prosecution theory and of the underlying indictment, I think that that indictment is going to continue to cast a kind of shadow over investigative journalism.

President Obama has spoken eloquently about the importance of restoring America’s moral authority abroad. Restoring that moral authority, though, will require restoring the rule of law at home, and restoring the rule of law at home will require finally confronting the gross human rights abuses of the last administration. Crucial to this process will be the creation of a comprehensive and publicly accessible record of the last eight years.

I do think that the decision is important and surprising, a very significant victory for Julian Assange. I think the press freedom implications are more complicated. The judge — while ultimately holding that Assange can’t be extradited to the United States on the basis of his mental health and the conditions under which he would be held if he were extradited here, the judge largely endorses the U.S. prosecution theory. And that theory is based on an indictment that sweeps very, very broadly, that basically the indictment is an effort to hold Assange criminally responsible for acts that journalists engage in all the time. And it doesn’t matter whether Assange himself is properly characterized as a journalist. That may be an important debate, but legally it’s completely irrelevant.

Our request was relatively broad because we don’t think the public can meaningfully evaluate the lawfulness of the strike that killed al-Aulaqi and Samir Khan—or the strike that killed 16-year-old Abdulrahman al-Aulaqi two weeks later—without access to the factual basis the government relied on to justify the strikes. We also believe that the public is entitled to records relating to civilian casualties.... Once the Second Circuit remands our case to the district court, the ACLU will almost certainly be litigating not only over the other OLC memos but over this kind of factual information as well.

Justice Alito’s opinion for the court seems to be based on the theory that the secret court may one day, in some as-yet unimagined case, subject the law to constitutional review, but that day may never come. In many national security cases, the government has prevailed at the outset by citing lack of standing, the state secrets doctrine or officials’ immunity from suit.... More than a decade after 9/11, we still have no judicial ruling on the lawfulness of torture, of extraordinary rendition, of targeted killings or of the warrantless wiretapping program. These programs were all contested in the public sphere, but they have not been contested in the courts.”

The important fact is that Assange has been indicted on the grounds that he engaged in activities like cultivating confidential sources, maintaining their confidentiality or maintaining the confidentiality of their identities, and publishing classified secrets. And, of course, those things, all of those things, are integral to national security journalism.

I am excited about this opportunity to build an organization dedicated to a mission that’s so essential in a free society,” he said in the statement.