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1. This is an excellent and important post. I mostly agree with Jack. I doubt the publication charges (Nos.15-17) will result in a very bad precedent--as w/the Intelligence Identities Protection Act, ...
@steve_vladeck @just_security @JameelJaffer
@steve_vladeck @just_security @JameelJaffer
2/ ... the Court will likely limit any holding on those counts, if it reaches one at all, to indiscriminately ID'ing foreign sources (you know, sort of akin to what Trump and Barr appear on the verge of doing).
3/ I'd also be surprised if the Court holds that conviction based upon knowing *receipt* is constitutional. My preliminary take--similar to Jack's, I think--is that the greatest threat to journalists is affirmance of possible 18 USC 2 convictions under Counts 2-14 ...
4/ ... for urging Manning to leak the info to the publishing entity, on some sort of aiding/abetting/procuring/inducing theory. As Jack explains, that describes what mainstream reporters do all the time, albeit far less indiscriminately than Assange.
5/ Even if the Court were to hold, as I think it should, that Brandenburg-like standards must be met for such a theory of culpability, it's not obvious the prosecution couldn't prove intent and likely effect of "imminent" unlawful leaking in such a case.
