[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1175 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. RES. 1175
Expressing the sense of the House of Representatives that newsgathering
activities are protected under the First Amendment, and that the United
States should drop all charges against and attempts to extradite Julian
Assange.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 2, 2020
Ms. Gabbard (for herself and Mr. Massie) submitted the following
resolution; which was referred to the Committee on the Judiciary
_______________________________________________________________________
RESOLUTION
Expressing the sense of the House of Representatives that newsgathering
activities are protected under the First Amendment, and that the United
States should drop all charges against and attempts to extradite Julian
Assange.
Whereas the freedom of news organizations to acquire and publish information is
protected under the First Amendment to the Constitution;
Whereas, in 2010, Wikileaks disclosed a cache of hundreds of thousands of
Department of State cables, Guantanamo Bay detainee assessments, and
United States military reports related to the wars in Afghanistan and
Iraq;
Whereas the disclosure of United States military documents exposed war crimes
against civilians in the Middle East;
Whereas, in 2013, the Department of Justice declined to pursue charges against
Julian Assange for publishing classified documents due to what Justice
officials described as a ``New York Times problem'' which would cause
the prosecution of other news organizations and journalists who have
published classified material;
Whereas, on June 19, 2014, human rights and press freedom organizations sent a
letter to then-Attorney General Eric Holder urging him to close all
criminal investigations into Wikileaks and Julian Assange due to
concerns that ``actions against Wikileaks undermine the commitment of
the U.S. Government to freedom of speech'';
Whereas, on April 11, 2019, the London Metropolitan Police Service arrested
Julian Assange for outstanding warrants, including a provisional warrant
at the request of the United States Government;
Whereas the Department of Justice unsealed a March 2018 indictment against
Julian Assange for violation of the Computer Fraud and Abuse Act;
Whereas, on May 23, 2019, a Federal grand jury issued a superseding indictment
adding 17 charges against Julian Assange for violation of the Espionage
Act;
Whereas, on June 10, 2019, the United States Government submitted a formal
request to the United Kingdom for the extradition of Julian Assange;
Whereas United States Government prosecutors now claim that any journalist or
news organization that publishes classified material is subject to
prosecution under the Espionage Act, which would have led to the
indictment of news organizations for the publication of the Pentagon
Papers;
Whereas press freedom, human rights, and privacy rights organizations across
five continents sent a letter to the Government of the United Kingdom
urging the immediate release of Julian Assange;
Whereas previous administrations have prosecuted whistleblowers and other
journalistic sources under the Espionage Act for leaking classified
information, the current Department of Justice has taken the further
step of going after the publisher;
Whereas the successful prosecution of Julian Assange under the Espionage Act
would allow the Federal Government to indict any news organization or
journalist for publishing classified information, which occurs on a
regular basis; and
Whereas the successful prosecution of Julian Assange under the Espionage Act
would have a profoundly detrimental impact on newsgathering and freedom
of the press: Now, therefore, be it
Resolved, That it is the sense of the House of Representatives
that--
(1) newsgathering activities, including the publication of
leaked classified information, are protected under the First
Amendment to the Constitution;
(2) freedom of the press is a vital function of a free
society in which government is accountable to the people; and
(3) the Federal Government should drop all charges under
the Espionage Act against Julian Assange.
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