Kevin Gosztola Profile picture
Journalist & press freedom advocate. Dissenter Newsletter at https://t.co/yisArHwtpC.

Sep 25, 2020, 7 tweets

Shifting US indictment Against Julian Assange

2018: Accused of violating three provisions of Computer Fraud and Abuse Act, and conspiracy to defraud US government

2019: accused of generally violating CFAA (no longer specifically charged); defrauding US govt #AssangeTrial

2020: computer crime offense is no longer charged against Assange as violation of CFAA. It's now only a generic conspiracy to defraud US govt charge.

Relevant time period is now 2009-2015 and does not necessarily depend on alleged Assange-Manning chat. #AssangeTrial

I'll point out this still has elements from the CFAA where it lists the counts, and then at the bottom it indicates Justice Department is only charging under 371—"conspiracy to defraud."

So it always was and it remains a frankenoffense.

An Espionage Act offense masquerading as computer crime charge morphed over 2+ years into vague and inexact conspiracy offense. US prosecutors no longer believe they have to prove anything involving Manning to convict Assange of this charge. #AssangeTrial

With first indictment, journalism was criminalized as a "conspiracy to defraud" the US government. Journalism is still under attack. Prosecutors now argue Assange accepting files from any hacktivist from 2009-2015 was a "criminal act." #AssangeTrial

Assange's defense put on stellar witness today who disemboweled all US allegations that pertained to charge, but his testimony related to charge as they understood it in January 2020.

Will what Patrick Eller, computer forensic expert, said make any difference? #AssangeTrial

This is partly why the Assange legal team pleaded with the judge to remove newly added general allegations in fresh extradition request—and later when that failed, adjourn until January.

There will likely be no witness called in #AssangeTrial to fully rebut this charge.

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