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Comment by lukifer | Hacker News Reader

"The burden of proof is on state power to justify itself." It seems very plausible that WL/Assange disclosed information irresponsibly, and if so, he should be held to account. The real concern is that I think we all know he isn't going to get anything resembling a fair trial; The Powers That Be are looking to send a message to any other would-be leakers and journalists with the audacity to challenge unaccountable state violence.

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Many of the things he's charged with have nothing to do with whether Assange disclosed information "irresponsibly". On a message board, the entire debate is over whether WL is a good thing or not. But that's not at all the matter that is put before the court.

Your comment is well taken. However, I would point out that with respect to the disclosure counts there is some legal relevance to the frequent message board debate about whether he is a "journalist" or not. The false claim that he is one is made due to the belief it will provide him with a modicum of legal protection against some of the disclosure counts. It wont help him at all when it comes to the computer intrusion count and I also don't think it helps with the conspiracy to obtain NDI (though I am less sure on that one). Either way I would expect to see the journalism issue discussed and ultimately debunked at trail.

There's an awfully tough hill to climb for any argument suggesting that any kind of intentionality, journalistic or humanitarian or otherwise, might immunize someone for literally dispatching Lulzsec with a list of targets. The law will see the winged monkeys and draw the obvious conclusion about what kind of person dispatches those.

Of course, we're working solely from the indictment, and Assange will make his own case rebutting those claims. But if the DOJ's informant holds up, I'm not sure what the persuasive argument is going to be. Maybe he'll hold out for nullification.

I agree, as I mentioned the debate about "journalism" has no relevance when it comes to computer intrusion and some of the other crimes in the indictment. It is a good point that it could bear some relevance on jury nullification or one juror causing a mistrial. In the end though I think we are of the same mind that it holds no water.

By far the most likely outcome is that he will receive a fair trial, be convicted, and then justice will be done.

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