Seth Stern: Freedom of the Press Director of Advocacy on the precedent set by the Julian Assange trial

The latest in the Julian Assange saga is being coined a dark day in American history and press freedom. 

The Wikileaks founder is set to plead guilty to violating US espionage law and will be sentenced to 62 months of time already served before going free.  

Freedom of the Press' Director of Advocacy Seth Stern told Mike Hosking that it's a case that the former Trump administration should never have pursued.   

He says the Biden administration purports to be friends of the free press, so for them to have continued this for years before finding a way out is disturbing. 

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Episode Transcript

Speaker 1 (00:00):
Deal has been done. As I mentioned Julian Assange. He
pleads guilty, having served time, and is now essentially a
free man on his way back to Australia. This is
aw all happened as I mentioned a moment ago, and
so I penned you as Commonwealth North of Guam part
of the Marianna's Of course, sith Stone is the director
of advocacy at Freedom of the Press and as well.
A safe morning to you, good morning, great to be here.
You're happy, you'll not.

Speaker 2 (00:23):
Well, it's a mixed bag. We're of course happy that
this saga is finally over and that there won't be
a trial of a publisher of newsworthy information for routine
journalistic conduct obtaining and publishing information from sources. On the
other hand, it was entirely unnecessary to force a guilty
plea here. The Biden administration could have simply dropped the charges.

(00:47):
This guilty plea will not set a legal precedent in
the US courts. That being said, every judge and prosecutor
will be aware of it and will feel emboldened to
pursue similar constitutionally dubious case against other journalists for doing
their jobs.

Speaker 1 (01:02):
If you and Julie Assange, would you have done what
he's just done.

Speaker 2 (01:08):
Accepted the plea deal. Yeah, I can't fault for doing
what they need to do to get out of prison.
I'm sure Julian Assange would have preferred to not have
to take a plea deal, or to plead to something
else besides a violation of the Espionage Act, which is
an unconstitutional century old law which could have taken literally
criminalize what journalists at the world's most respected newspapers do

(01:31):
every day. That being said, it's far for me to
tell someone who's been in prison for five years and
wants to get out and be with their family what
they should do.

Speaker 1 (01:40):
What does it say about the politics? Because Baden City
was considering it. Obviously he's acted. Even Trump said he
would consider What does that say about what's happening in
American politics?

Speaker 2 (01:51):
Well, the idea that it's even something that needs to
be considered is disturbing. It should be automatic. We've got
a First Amendment here that protects the rights of journalists, publishers,
essentially anybody to speak to speak freely about matters of
public concern. This is a case that should have never

(02:12):
been brought in the first place by the Trump administration.
But everyone recognizes the Trump administration is outwardly anti press.
The Bided administration purports to be something else. They purport
to be friends of the free press. So for them
to have continued this case for years before even beginning
to reportedly consider finding a way out is quite disturbing.

(02:38):
We should have never gotten to this.

Speaker 1 (02:39):
Point of all the cases. And he's not the first
person who's done. He's the most celebrated and the most famous.
Of course, where do you think the story sits in
the annals of history.

Speaker 2 (02:51):
Well, it's the first time in the history of the
Espionage Act that a publisher of newsworthy information and as
opposed to a source or a leaker of newsworthy information,
has been prosecuted and convicted. A guilty plea is still
technically a conviction, So it's really a dark day in

(03:13):
American history. I would say other past administrations have considered
prosecuting publishers of news under the ESPIONAJAC, but they've thought
the better of it because they've recognized the repercussions that
could have for newsworthy, legitimate journalism, the kind of investigative
journalism that has led that has shaped American history, is

(03:33):
shaped world history to an extent. So this is a
departure from that tradition and really a troubling omen for
how the First Amendment will be applied in the future.
If this is what Biden does, imagine what Trump would
do if he gets another term.

Speaker 1 (03:49):
Sopstone, who is will us procureat? You're inside, Director of
Advocacy at Freedom All the print.

Speaker 2 (03:54):
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