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Transcript by Newsy
BY CHRISTINA HARTMAN
You're watching multisource global video news analysis from Newsy.
SEN. JOE LIEBERMAN (I-Conn.): “And we've got to apprehend Mr. Assange, the founder of Wikileaks, and bring him to justice as a violator of the espionage act because if we don’t, this will keep happening.”
U.S. Senator Joe Lieberman is calling for his head. He -- is Julian Assange -- already wanted by Interpol in connection with rape charges -- now ABC reports, a group of U.S. senators want him prosecuted under the Espionage Act of 1917.
“... which criminalizes obtaining or communicating information used to the injury of the United States -- as well as laws that bar gathering and transmitting national defense information.”
But can they? That’s the tricky question. TIME’s Rick Stengel tells Bloomberg - legal analysts admit the more than 90-year-old law could be at odds with the First Amendment.
“...A lot of courts and even the Supreme Court seemed to think is too broad in its definition of what is secret and what is damaging to U.S. interests. ... There are cases where those competing values of what's in the Espionage Act and the First Amendment, and it will be interesting to see how that's decided.”
And Julian Assange is something of a First Amendment absolutist -- in previous interviews saying what he’s doing -- essentially -- is putting the First Amendment in the people’s hands. But that isn’t stopping the E-word from blanketing media coverage.
CNN: “If you want to look for bipartisanship though, everyone thinks it's missing in Washington, this is it. ... This is espionage. This is top secrets that have been released. This has jeopardized lives.”
MSNBC: “Let's call it what it is: Spying, espionage...”
Fox News: “Is the new journalism, just the old espionage?”
But Fox News’ senior judicial analyst Andrew Napolitano is calling for cooler heads to prevail -- saying it isn’t Assange who should be prosecuted -- it’s the people who leak the documents in the first place. He says Wikileaks is protected as a media organization.
“...The person in the media who publishes the document, as long as the document is of public interest, cannot be prosecuted and cannot be sued.”
CARLSON: “Under the espionage law?”
NAPOLITANO: “Under any law. Because the Supreme Court has interpreted the First Amendment to be the press. You and me are the eyes and ears of America.”
CARLSON: “So what can they prosecute him with? What law?”
But The Daily Beast’s Stephen Carter says that isn’t the issue - the U.S. could very well convict Assange -- but that doesn’t mean it should.
“Assange is a maker of mischief ... exposing confidential material because he can. … But acting callously ... ought not to be criminal... … Dissent is the lifeblood of democracy, and should be carefully nourished, not scared into hiding.”
Finally - in a provocative piece for the Christian Science Monitor -- Peter Grier wonders if Assange is already secretly under indictment.
“It’s certainly possible. … A judge could order an indictment of Assange sealed until such time as the U.S. is able to apprehend him... The purpose of such secrecy would be to keep the WikiLeaks chief from going even further underground.”
Three U.S. senators -- John Ensign, Scott Brown, and Joe Lieberman -- are all proposing legislation that would make it easier for federal authorities to go after those who leak confidential U.S. documents. But tell us what you think -- Espionage -- or a fair exercise of Free Speech?
Get more multisource global video news analysis from Newsy.