According to this report by the Congressional Research Service, very little legal precedent exists to be able to charge (and apply for extradition) and then to prosecute Julian Assange, the founder of Wikileaks, for the crime of espionage against the U.S. The report also cites the precarious legal and political implications of doing so, as well as the conflict with provisions in 1st Amendment of the U.S. Constitution regarding freedom of the Press.
You may read the details of the report below but in my opinion there is absolutely no legal basis to be able to prosecute a foreign national for espionage who is on foreign soil. If the U.S. attempts to charge Julian Assange for espionage, it will in effect be saying that the U.S. can charge and try anyone in the World who comes into contact with, holds, and disseminates information that belongs to the U.S. that it deems to be potentially damaging to its national interests. In effect, it means that U.S. is the supreme legal authority over all people no matter if they are an American citizen or not, and no matter if they are on U.S. soil or not.
For the sake of argument, let’s assume that if the U.S. insists that its laws apply to you (you meaning anyone who is not a citizen of the U.S.) then by that extension everyone who is not a U.S. citizen should granted the same rights and privileges afford every citizen of the U.S. because that would only be fair.
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Congressional Research Service Report
Criminal Prohibitions on the Publication of Classified Defense Information
Jennifer K. Elsea – Legislative Attorney
December 6, 2010
Sterling Kekoa
