Warning - while you were typing 8 new replies have been posted. You may wish to review your post. Something to consider, Assanged turned himself in to the British police. He wasn't nabbed or tracked down or anything, he walked into Scotland Yard and put his hands up (or he was taken to Scotland Yard, no two sources tell the situation exactly the same). He was wanted for four charges of sexual crimes in Sweden, not anything related to Wikileaks. For that, Interpol and the European Union's policing system launched an international mission to find, arrest, and extradite him - certainly rape and so forth are serious criminal charges, but this was the kind of effort usually reserved for Serbian warlords. Make no mistake, he is being held and prosecuted for those allegations of sexual crimes, but he is
publicly on trial for being an enemy of the American government. And I have no doubt that real charges of some kind will manifest the day he steps back onto Swedish soil in handcuffs.
I hold no particular love of Wikileaks itself or respect for Assange. But in full disclosure, I do support their mission statement; I believe as a person, that there should be no such thing as state secrets. Private, individual secrets certainly, but the state's business is everyone's business. If you as the government don't want something found out, then keep a good lid on it, but I do honestly believe that governments should have no legal recourse against internal information made public.
And to a certain extent, they don't themselves. The New York Times isn't wanted for prosecution for republishing the material from Wikileaks. Nobody has even really talked about prosecuting the republishing of the information; the attitude seems to be, once it's out it's out, and there's no stopping it. I take a bit of heart in that, since trying to put the info-genie back in the bottle is a much more genuine sign of "oppression" than than prosecuting the original perpetrators. But therein lay the legal quandary, it's apparently not a crime, in the sense that you won't be charged, to talk about stuff that was secret and is still supposed to be, so long as you're not part of the direct line by which it became public. The real question is, who on that chain from secret to public is really at legal fault? If you want to feel all self-righteous about Assange's situation,
here's a lengthy blog with a lot of quotes. I don't agree with it per se, but it was a good read.
And yeah, it is definitely unconstitutional to make up a new law or statute after the fact and then retroactively prosecute someone. It's even more unconstitutional to make up legal proceeding for the specific purpose of prosecuting a single person. Having already watched my government do both of those things, to victims of the court of public opinion ranging from terror suspects and ACORN in the past few years, I have no particular hope of Assange either escaping an American trial or getting anything like a fair one. Not for a long time anyway.