Judge Delays Decision to Unseal Charges Against Julian Assange

The suit by RCFP to unseal federal charges against Julian Assange was supposed to be decided today. Judge Leonie M. Brinkema from the Eastern District of Virginia heard arguments to unseal the charges, but delayed making a decision on the case. She will hear more from the lawyers representing Assange and from the prosecutors who want to keep the seal in place.

_Source

The 1993 Clinton-era appointed judge said "this is an interesting case, to say the least. Obviously, some kind of mistake has been made." But that doesn't mean she will unseal the charges. Prosecutor Gordon Kromber previously said:

"In either event, the government is not required to publicly acknowledge which of those two possibilities happens to be the case with respect to any individual. The First Amendment does not require the government to confirm or deny the existence of criminal charges in this case."

Despite the prosecutors playing the "neither confirm or deny" game, it's obvious there are charges. Surprisingly, the judge even admitted so saying his name being exposed shows "the fact that he has been charged":

"Given the fact that this statement does appear in a government filing, and given that everybody knows where this man is, what is the rationale for sealing the charge."

She was referring to the widely known screw up from United States Attorney G. Zachary Terwilliger who used documents to seal Assange's charges as a template for another case but left Assange's name there:

The complaint, supporting affidavit, and arrest warrant, as well as this motion and the proposed order, would need to remain sealed until Assange is arrested in connection with the charges in the criminal complaint and can therefore no longer evade or avoid arrest and extradition in this matter.

_Source

It sounds like Judge Brinkema might be leaning towards unsealing the charges, since what's the point of keeping them hidden given that everyone knows the charges are there, who they are for, and where the person is. She asked the prosecutor:

"Everyone knows where he is, so what’s the rationale for keeping it under seal?"

Yet, she also mentioned not knowing of any other case where the government unsealed charges before a defendant was arrested.

Director Katie Townsend of the Reporters Committee for Freedom of the Press, the organization who filed suit against the government and demanding access to "any criminal complaint, indictment or other charging documents", said "the filing, inadvertent or not ... confirms the speculation" of criminal charges against Assange. "At a minimum, Mr. Assange knows that he has been charged," and that legal justifications to keep the seal in place have "evaporated."

Prosecutor Gordon Kromber argued to the judge that "any discussion of why it would be sealed cannot be done in a public forum. This court ... doesn’t know what needs to be said." Brinkema seems to agree, reasoning that in cases with multiple defendants a seal can last beyond one defendants arrest. Her main concern is "is making sure that person is brought to justice". If a seal needs to be kept in place to ensure that, then it will be. Brinkema said:

"... there’s no question the public has a right to see charging documents, but that right doesn’t apply before an arrest has been made."

The criminal case and charges against Assange may not only include him. If they extend beyond Assange, then the charges will surely remain sealed. What's interesting is that Assange isn't part of the case to have the charges unsealed. His lawyer, Barry Pollack, watched the proceeding however, and said his client isn't opposed to the unsealing "Mr. Assange as a journalist is certainly aligned with the Reporters Committee", but won't intervene to have them unsealed either.

Judge Brinkema will allow both sides to present additional information next week before she reaches a final decision on the matter. The case of criminally charging Assange for leaking government documents is of great importance. Whistleblowers and leaks shows us the dark side of our society many wouldn't know about otherwise. If leaks become criminalize through a precedent set in a criminal case against Assange, it would lead to greater silencing of people trying to shed light on the ugly darkness. What kind of free society would be left going forward from there?

---

References:

• No Decision at Hearing to Unseal Julian Assange’s Charges, Court to Reconvene Next Week
• Federal judge delays decision on unsealing ‘interesting’ Julian Assange case
• Assange Secretly Charged by U.S., Sealed Court Documents Reveal in Copy-Paste Bungle
• U.S. Prosecutors Fight to Keep Assange's Charges Sealed, Saying Media Has 'No Legal Right' to Know

---

Thank you for your time and attention. Peace.

---

_{If you appreciate and value the content, please consider: Upvoting, Sharing or Reblogging below.
me for more content to come!}

---

_{My goal is to share knowledge, truth and moral understanding in order to help change the world for the better. If you appreciate and value what I do, please consider supporting me as a Steem Witness by voting for me at the bottom of the Witness page.}