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Rep. Johnson: Outrage over leaks cannot undermine freedom of the press

December 16, 2010

Congressman urges restraint as U.S. reacts to publication of leaked cables, reminds colleagues 'this is a failure to protect our own secrets'

WASHINGTON – Congressman Hank Johnson (D-GA-4) stated today that American outrage over WikiLeaks’ publication of classified U.S. diplomatic cables must not undermine the commitment of the United States to press freedom.

In remarks delivered during a House Judiciary Committee hearing that reviewed the applicability of the Espionage Act to the WikiLeaks case, Johnson urged colleagues to differentiate between U.S. personnel who leaked classified information and the web sites and newspapers that published it. “U.S. personnel who leaked classified information must be prosecuted to the fullest extent of the law,” said Johnson. “But I would respectfully remind my colleagues that, as far as we know, WikiLeaks and Julian Assange are merely publishers.”

Johnson said that if Mr. Assange aided and abetted the theft of U.S. information, he may be subject to prosecution, but that he must be presumed innocent until proven guilty and should not be harassed or persecuted for publishing leaked information.

“The New York Times published the same cables. We aren't shutting down the Times’ web site or encouraging an international manhunt for its editors,” said Johnson. “We have to acknowledge that this is a failure of the U.S. government to protect our own secrets. We shouldn't be harassing and demonizing publishers. We should do a better job of securing our data.”

Convened by Chairman John Conyers to review the WikiLeaks case, the House Judiciary Committee heard testimony from Abbe Lowell, partner at McDermott, Will and Emery; Geoffrey Stone, Professor of law and former Dean, University of Chicago Law School; Thomas Blanton, Director, National Security Archive at George Washington University; Kenneth Wainstein, former Assistant Attorney General for the National Security Division of the Department of Justice, partner at O'Melveny and Myers; Gabriel Schoenfeld, Hudson Institute; Steve Vladeck, Professor of Law, American University; and, Ralph Nader, Legal Advocate and Author.

Read about it in the Atlanta Journal-Constitution.

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