Congressman wants WikiLeaks listed as terrorist groupby Declan McCullagh
The incoming chairman of the House Homeland Security Committee says
WikiLeaks should
be officially designated as a terrorist organization. Rep. Peter King (R-N.Y.), the panel's next head, asked the Obama administration today to
"determine whether WikiLeaks could be designated a foreign terrorist organization," putting
the group in the same company as Al Qaeda and Aum Shinrikyo, the Japanese cult that
released deadly sarin gas on the Tokyo subway.
Rep. Pete King"WikiLeaks appears to meet the legal criteria" of a U.S.-designated terrorist organization,
King wrote in a letter to Secretary of State Hillary Clinton reviewed by CNET. He added:
"WikiLeaks presents a clear and present danger to the national security of the United States."
King's letter was prompted by a massive document dump totaling more than 250,000 State
Department diplomatic cables, which WikiLeaks gave in advance to news organizations, including
Germany's Der Spiegel and Spain's El Pais, that began appearing on the Internet this morning.
The White House has condemned the release, which Der Spiegel called "nothing short of a political
meltdown for U.S. foreign policy."
King also wrote separately to Attorney General Eric Holder, asking him to "criminally charge
WikiLeaks activist Julian Assange under the Espionage Act" for conspiracy to disclose classified
information. The Espionage Act makes it illegal to disclose "information relating to the national
defense" if that information could be used "to the injury of the United States."
If the State Department adds WikiLeaks to the terror list, one effect would be to prohibit U.S.
banks from processing payments to the group. WikiLeaks currently takes donations through PayPal,
bank transfers, and Visa and Mastercard payments.
Another would be to trigger the punitive measures included in the Antiterrorism and Effective
Death Penalty Act, which made it a federal felony to provide "material support or resources" to
a terrorist organization. That would likely dry up support from U.S.-based volunteers for WikiLeaks
--one volunteer has been detained and released at the border already--and curb the group's options
for Web hosting services. (Both Wikileaks.org and Cablegate.WikLleaks.org are currently hosted, in
part, on Amazon.com servers in the United States.)
The news organizations have released a small subset of the cables. WikiLeaks itself says it has
published only 220 of 251,287 of them and promises to post the rest "in stages over the next
few months."
That has, perhaps unintentionally, given critics in Washington's national security establishment a
strong incentive to find a way to pull the plug on the document-leaking Web site as soon as
possible, one way or another.
Connecticut Sen. Joe Lieberman, chairman of the Senate Homeland Security and Governmental
Affairs Committee and a senior member of the Senate Armed Services Committee, said in a
statement today: "I also urge the Obama administration--both on its own and in cooperation
with other responsible governments around the world--to use all legal means necessary to shut
down WikiLeaks before it can do more damage by releasing additional cables. WikiLeaks' activities
represent a shared threat to collective international security."
Australia said today it's investigating whether today's release violated its laws (Wikileaks editor
Julian Assange has an Australian passport). And Sweden has issued an international warrant for
Assange's arrest on sexual assault charges, which has been upheld by an appeals court. Assange
denies the allegations.
WikiLeaks has already been the target of often-strident denunciations from Washington officialdom
after releasing confidential military dispatches from Afghanistan and Iraq. The Washington Times and
a former Bush administration official suggested WikiLeaks as the first public target for a U.S.
government cyberattack, and a Republican senator has proposed a law targeting WikiLeaks.
The Patriot Act increased the maximum penalties for violating what has become known as the
"material support" law to 15 years in federal prison. In a 6-3 ruling this year, the U.S. Supreme
Court upheld that law as constitutional, saying the Draconian legal sanctions are reasonable
"even if the supporters meant to promote only the groups' nonviolent ends."
If Wikileaks is added to the State Department list, one problem for its supporters might be the
relative vagueness of the term "material support." In a law review article, former UCLA chancellor
Norman Abrams wrote that "the janitor or the pizza delivery person or a taxi driver, or anyone who
provides the most mundane 'services,' would seem to be at risk of prosecution" if they could be said
to know they're dealing with a designated terrorist group.
Here are some excerpts from Rep. Peter King's letter to Secretary Hillary Clinton: I am writing to request that you undertake an immediate review to determine whether WikiLeaks could
be designated a Foreign Terrorist Organization (FTO) in accordance with Section 210 of the Immigration
and Nationality Act (INA). In addition, I urge you to work with the Swedish government to determine
the means by which Mr. Julian Assange can be brought to justice for his actions while recognizing and
respecting Swedish sovereign law.
As Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff concluded, the "irresponsible posting of
stolen classified documents by WikiLeaks puts lives at risk and gives adversaries valuable information.
"I concur with Chairman Mullen's statement...
From these acts, WikiLeaks appears to meet the legal criteria for FTO designation as a (1) a foreign
organization; (2) engaging in terrorist activity or terrorism which (3) threatens the security of U.S.
nationals or the national security of the United States. Specifically, pursuant to Section 212 (a)(3)(B)
of INA (8 U.S.C. - 1182(a)(3)(B)) WikiLeaks engaged in terrorist activity by committing acts that it
knew, or reasonably should have known, would afford material support for the commission of terrorist
activity.
We know terrorist organizations have been mining the leaked Afghan documents for information to
use against us and this Iraq leak is more than four times as large. By disclosing such sensitive
information, WikiLeaks continues to put at risk the lives of our troops, their coalition partners and
those Iraqis and Afghans working with us...
WikiLeaks presents a clear and present danger to the national security of the United States.
I strongly urge you to work within the Administration to use every offensive capability of the U.S.
government to prevent further damaging releases by WikiLeaks.
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