Julian Assange Charged Under Espionage Act - Unprecedented Attack on Press Freedom

A U.S. grand jury added 17 counts under the Espionage Act to the federal indictment against WikiLeaks founder Julian Assange, marking the first time in American history that the government used the 1917 anti-spying law to prosecute a publisher for receiving and publishing truthful classified information. The charges sparked immediate warnings from press freedom advocates that the case posed an existential threat to investigative journalism.

The Superseding Indictment

On May 23, 2019, the Justice Department unsealed a superseding indictment adding 17 Espionage Act charges to the single charge of conspiring to violate the Computer Fraud and Abuse Act (CFAA) that had been revealed when Assange was arrested on April 11, 2019. The new charges related to Assange’s role in publishing the Iraq and Afghanistan War Logs, Guantanamo Files, and State Department cables leaked by Chelsea Manning in 2010.

The indictment accused Assange of “one of the largest compromises of classified information in the history of the United States” and charged him with soliciting, obtaining, and publishing classified documents. Critically, many of the charges focused on standard journalistic practices: communicating with a source, protecting source identity, and publishing newsworthy classified information.

Unprecedented Threat to Press Freedom

The American Civil Liberties Union issued an immediate statement condemning the prosecution: “For the first time in the history of our country, the government has brought criminal charges under the Espionage Act against a publisher for the publication of truthful information. This is a direct assault on the First Amendment.”

Press freedom organizations worldwide expressed alarm that the indictment criminalized activities that are routine in investigative journalism. The Espionage Act contains no public interest defense and makes no distinction between a government employee leaking secrets to a foreign spy and a publisher working with a source to reveal government wrongdoing. If Assange could be prosecuted under these charges, so could reporters and editors at The New York Times, The Washington Post, or any news organization that publishes classified information.

The Legal Theory

The indictment outlined a theory of prosecution that would make standard journalistic practices criminal: encouraging sources to provide information, using secure communications to protect sources, helping sources access classified networks, and publishing information even when the government claims it’s harmful. The Justice Department argued that these actions went beyond passive receipt of leaked documents and constituted active participation in theft of classified information.

This legal theory blurred the line between source and publisher, potentially exposing journalists to prosecution whenever they actively solicit information, rather than merely waiting for it to arrive unsolicited. Every major investigative journalism organization engages in such “active” reporting.

Background and Arrest

Assange had been living in Ecuador’s London embassy since 2012, when Ecuador granted him asylum to avoid extradition to Sweden on sexual assault allegations (which were later dropped). On April 11, 2019, Ecuador revoked Assange’s asylum, and British police arrested him for violating bail conditions. Hours later, the U.S. revealed a sealed 2018 indictment charging Assange with conspiracy to commit computer intrusion related to his work with Manning.

The May 2019 superseding indictment represented a dramatic escalation—moving from a narrow charge about hacking assistance to broad charges that could apply to any publisher of classified information.

Maximum Penalty and Extradition

Assange faced up to 175 years in prison if convicted on all charges and extradited to the United States. His legal team fought extradition in British courts for years, arguing that the prosecution was politically motivated, that Assange would face inhumane treatment in U.S. custody, and that extradition would violate press freedom protections.

In 2024, Assange ultimately reached a plea deal with the U.S. government, pleading guilty to one count of conspiracy to violate the Espionage Act and receiving a 62-month sentence for time served in UK custody. He was released and returned to Australia.

Significance

The Espionage Act charges against Assange represented the most aggressive attempt by the U.S. government to criminalize publication of classified information in American history. The case established a dangerous precedent that publishing truthful information about government wrongdoing could be prosecuted as espionage, regardless of the public interest value of the disclosures.

The indictment demonstrated how the Espionage Act—written during World War I to prosecute spies and saboteurs—could be weaponized against publishers in the digital age. By treating WikiLeaks’ publication activities as criminal conspiracy, the government created a blueprint for prosecuting any news organization that publishes classified leaks, fundamentally threatening the ability of the press to hold government accountable.