Justice Department officials did not explain why they decided to charge Mr. Assange under the Espionage Act — a step also debated within the Obama administration but ultimately not taken. Although the indictment could establish a precedent that deems actions related to obtaining, and in some cases publishing, state secrets to be criminal, the officials sought to minimize the implications for press freedoms...
For the purposes of press freedoms, what matters is not who counts as a journalist, but whether journalistic activities — whether performed by a “journalist” or anyone else — can be crimes in America. The Trump administration’s move could establish a precedent used to criminalize future acts of national-security journalism, said Jameel Jaffer of the Knight First Amendment Institute at Columbia University.
“The charges rely almost entirely on conduct that investigative journalists engage in every day,” he said. “The indictment should be understood as a frontal attack on press freedom.”
Mr. Demers left the press briefing without taking questions. And a Justice Department official who stayed behind to answer questions on the condition that he would not be named would not address any about how most of the basic actions the indictment deemed felonies by Mr. Assange differed in a legally meaningful way from ordinary national-security investigative journalism — encouraging sources to provide secret information of news value, obtaining it without the government’s permission and then publishing portions of it.
Notably, The New York Times, among many other news organizations, obtained precisely the same archives of documents from WikiLeaks, without authorization from the government — the act that most of the charges addressed. While The Times
did take steps to withhold the names of informants in the subset of the files it published, it is not clear how that is legally different from publishing other classified information.