Editorial: This case remains alarming despite his release. The battle for press freedom must be vigorously pursued
from custody in the UK is good news, and it is especially welcome to his family and supporters. He is due toof conspiring to obtain and disclose classified US national defence documents at a hearing early on Wednesday, but is not expected to face further jail time. The court in Saipan, a remote Pacific island which is a US territory, is expected to approve the deal, crediting him for the five years he has already spent on remand in prison.
His opportunity to live with his young family comes thanks to Australian diplomacy under the prime minister, Anthony Albanese, who had, and the Biden administration’s keenness to get a controversial case off its plate, particularly in an election year. Seventeen of the charges have been dropped. The one that remains, however, is cause for serious alarm. It was the Trump administration that brought this case.
National security laws are necessary. But it is also necessary to acknowledge that governments keep secrets for bad reasons as well as good. Alarmingly, the Espionage Act allows, preventing defendants from discussing the material leaked, why they shared it, and why they believe the public should know about it. The Obama administration correctly identified the chilling effect that spying charges could have on investigative journalism, and chose not to bring them on that basis.
The bad news is that the prosecutorial policy is now clear. Federal prosecutors can chalk this one up as a win. It is possible that future administrations could take this case as encouragement to pursue the press under the Espionage Act. It is likely that an emboldened second Trump administration would do so. The Republican candidate has repeatedly cast the media
The political solution to this lengthy saga is welcome, particularly given the reported impact on Mr Assange’s health after years holed up in London’s Ecuadorian embassy and then in Belmarsh prison. But the threat to press freedom has not ended. Its defence cannot rest either.
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