#moira meltzer cohen

[robertevansfan]

In honor of the “DHS spent millions to amass a file of who’s cancelling who on left twitter” post going around on my dash again, I thought I would share one of my favorite moments of the Worst Year Ever podcast (from June 23 2020′s episode, Worst Year Ever Talks Antifa With A Lawyer).

[postromanticqueerwave]

‘Marius was unable to write a statement for this year’s International Day of Solidarity with Marius Mason & All Long-Term Anarchist Prisoners.  Marius’ attorney wrote beautiful statement in his stead.  Please read below: “The other day when I spoke to Marius on the phone he was dealing with worries ranging from uncertainty about whether or not he might be immune to COVID-19, to the national BOP lockdown. And still! He was so focused on the well-being of everyone out here. He was very worried about me — whether I was getting enough rest, whether he was bothering me at a time that I needed to be talking to other clients. He was worried for the protesters suffering at the hands of law enforcement and the black and brown people trying to live their lives under a regime of daily violence and indignity. He expressed so much love for the people agitating for an end to white supremacy. “Racism is the poison at the heart of America,” he said. “Everybody knows it, and this is the conversation we need to have.” Marius is an example of someone suffering unduly at the hands of a government that was more interested in punishing him under the rubric of “terrorism” than in ending the atrocities against the environment that he has spent his life trying to correct. And now once again he is watching the state manufacture an imaginary threat: Antifa. No matter that Trump lacks any authority to designate “antifa” a terrorist threat in any legally meaningful way. His announcement will function to broadcast to law enforcement, prosecutors, judges, and juries that they may severely punish people not only for their conduct, but for their political beliefs. Just as Marius must endure an unconscionably long sentence for actions that would otherwise have been less severely punished, we can anticipate similar state repression of many others painted with the intentionally broad brush of “Antifa.” The protections of the first and fourth amendments will lose force in the face of law enforcement and prosecutors invoking the specter of the terrorist at the gate. The deeply racist and anti-semitic discourse of the white outside agitator will authorize the same kinds of outrageous prosecutions and draconian sentences that Marius was and is now subject to. We must gather together in solidarity and make clear: our speech will not be chilled, our actions will not be quelled, our righteous anger and commitments to justice will not be diminished by these bullies and these laughable claims about our beliefs. Our communities are strong. We fight for and stand with each other in a genuinely anti-racist, gender inclusive, class- and ability-conscious coalition. This is the conversation we need to have. Marius stands with all oppressed people, and the political uprisings that represent them, from Stonewall, to Black Lives Matter, to concerted antifascist action, Marius sends deep revolutionary love and solidarity.” Moira Meltzer-Cohen, Attorney at Law      

[venusinthenews]

I want to thank everyone for having me here tonight, and especially my families both bio and chosen, my amazing partners and polycule, my mentors, colleagues and clients. Also my therapist and my dog. We don’t do anything worthwhile by ourselves, and my being recognized here tonight is no exception. My father once said of me “Moira was socially engineered by a village,” and I hope everyone in this room recognizes themself to be part of that village.

For anyone unfamiliar with my work, I don’t work in a single practice area as much as I do a little bit of paid work, mostly writing wills, to support the mostly pro bono work I do for queer and trans and two spirit communities, especially incarcerated queer and trans folks. I currently represent Chelsea Manning, in prison for her refusal to give testimony before a grand jury investigating the publication of her damning disclosures of U.S. military misconduct. I also represent green-scare prisoner Marius Mason in his efforts to access a name change and gender-affirming health care, and as a result of that work will shortly be issuing a constitutional challenge to a Texas statute forbidding prisoners from changing their names, which should be fun. I spend a lot of time doing agency documents and criminal defense and name changes and parole work for people in our queer communities. I am delighted that my work has meaning and value to you and I am delighted to have the opportunity to speak directly to you about our work and our values as lawyers.

[icymirss]

Documents related to Chelsea Manning's effort to quash a federal grand jury subpoena show her attorneys are concerned the grand jury investigation against WikiLeaks may be trying to draw her into a "perjury trap." Manning is in jail at the William G. Truesdale Adult Detention Center in Alexandria, Virginia, which is also where the grand jury is empaneled. She was charged with contempt on March 8 for refusing to answer questions before the grand jury.... Government prosecutors seem interested in a lengthy statement Manning offered during her military court-martial for Espionage Act-related offenses, where she outlined her role in disclosing over a half million documents. She meticulously described each set of information, why she was drawn to releasing the documents to the public, and how she downloaded, prepared, and electronically transferred the documents to WikiLeaks. Moira Meltzer-Cohen, an attorney for Manning, suggested during a hearing on March 5, if the government intended to question her about her statement, "She's sort of faced with the choice of reiterating her previous answers, which the government appears not to accept, or being untruthful, which she refuses to do."... The government has filed sealed charges against WikiLeaks editor-in-chief Julian Assange. Presumably, prosecutors would like Manning to say something that could be used against Assange or any other WikiLeaks staffers who may have worked on the publication of her disclosures.

[un-enfant-immature]

Chelsea Manning is back in jail after refusing to cooperate with WikiLeaks investigation

Following a week-long release from an Alexandria, Virginia detention center, Chelsea Manning is back in jail. Manning was jailed in March for her refusal to cooperate with a grand jury investigation into WikiLeaks.

Manning has made her position on the grand jury well known and refuses to cooperate with its proceedings on principle. Her release last week came as the grand jury that issued her a subpoena in January expired, though the grand jury that issued Manning her latest subpoena won’t expire for another 18 months.

“We are of course disappointed with the outcome of today’s hearing, but I anticipate it will be exactly as coercive as the previous sanction — which is to say not at all,” Manning’s attorney Moira Meltzer-Cohen said of the day’s events.

A former intelligence analyst for the U.S. Army, Manning leaked more than 250,000 diplomatic cables, a large body of military field reports and harrowing footage of U.S. airstrikes to the secret-sharing organization WikiLeaks in 2010. Manning was convicted of most of the more than 20 charges against, but President Obama commuted her sentence before leaving office.

After her release last week, Manning shared a YouTube video in providing a bit of insight about why she objects to grand juries on moral grounds.

She doesn’t appear likely to back down. Aware of that, Judge Anthony Trenga made the unusual choice to fine Manning $500 for each day she remains uncooperative and in custody, starting after 30 days. After 60 days, that amount will increase to $1000 per day. Prior to her brief period of freedom in the last week, Manning spent two months jailed, a portion of which was served in solitary confinement like conditions, according to her legal team.

“Grand Juries and prosecutions like this one broadcast an expanding threat to the press and function to undermine the integrity of the system according to the government’s own laws,” Meltzer-Cohen said.

During her brief interlude walking free, Manning streamed Apex Legends and Red Dead Redemption 2 on Twitch.

WikiLeaks founder charged with hacking, now faces US extradition

[alanafsmith]

Whistleblower Chelsea Manning is in jail again and could face up to 18 months behind bars despite facing no criminal charges

Whistleblower Chelsea Manning was sent to jail again on Friday after refusing to testify in front of a grand jury probing WikiLeaks and Julian Assange, according to multiple news outlets. 

Manning's attorney Moira Meltzer-Cohen told INSIDER that she could serve up to 18 months in prison despite being accused of no crime. 

Meltzer-Cohen said the tactic was a form of "coercion" meant to probe Manning into testifying. 

Whistleblower Chelsea Manning, a former US Army analyst who leaked troves classified information to WikiLeaks, was jailed again on Friday after she refused to testify in front of a grand jury that is reportedly probing WikiLeaks and Julian Assange, according to numerous news outlets.

Despite being accused of no crime, Manning faces up to 18 months in jail.

"Chelsea can be incarcerated for the remainder of the grand jury [up to 18 months], and the term of the grand jury can be extended by six months,” Manning's attorney Moira Meltzer-Cohen told INSIDER.

Moira Meltzer-Cohen said Manning was held in contempt of court under the “the recalcitrant witness statute," which specifically pertains to "someone who is refusing to give testimony before a grand jury."

Despite being accused of no crime, the statute allows individuals to be confined "in a 'suitable place,'" for no more than 18 months, while the grand jury is underway.

"The only lawful purpose for such confinement is to coerce them to change their mind and give testimony. So they can’t be punished for a refusal to testify, but they may be 'civilly confined' to see if they will agree to change their mind and give testimony," said Meltzer-Cohen.

Read more: Whistleblower Chelsea Manning arrested after refusing to testify in secret WikiLeaks case

"Today’s decision was not unexpected, but it’s an appealable order,” she continued.

In a statement, Manning said she refused to answer the questions of the grand jury, whose proceedings are under seal. In response to each question, she said she answered, "I object to the question and refuse to answer on the grounds that the question is in violation of my First, Fourth, and Sixth Amendment, and other statutory rights."

"All of the substantive questions pertained to my disclosures of information to the public in 2010 — answers I provided in extensive testimony, during my court-martial in 2013," her statement continued.

WikiLeaks alleged in January that federal prosecutors have been working to secure testimony for a grand jury pertaining to criminal charges being levied by the Trump administration. 

In a statement, Manning's support committee, Chelsea Resists, called the ruling punitive, and pointed to previous statements from President Donald Trump about Manning, saying, "It is no secret that members of the current administration have openly expressed their hatred for Chelsea. Donald Trump himself has tweeted about his desire to undo Barack Obama's commutation and put Chelsea back in jail."

Manning isn't the first high-profile person to face jail after allegations of civil contempt. Susan McDougal spent 18 months in jail after she refused to answer three questions pertaining to the Whitewater scandal that surrounded President Bill Clinton, according to CNN.

In 2006, Greg F. Anderson, personal trainer to then-San Francisco Giants' player Barry Bonds, was held in contempt twice after refusing to testify for two different grand juries investigating perjury charges against Bonds. Anderson was held in jail for over a year until Bonds was indicted in 2007.

In February, an appeals court sided with a lower court in ruling that Roger Stone associate Andrew Miller was in contempt for refusing to testify in front of a Mueller grand jury, according to CNN. It's not clear whether Miller will testify, continue to fight the subpoena, or be jailed.

SEE ALSO: U.S. prosecutors press witnesses to testify against Assange: WikiLeaks

Join the conversation about this story »

NOW WATCH: Elon Musk sent a $100K Tesla Roadster to space a year ago. It has now traveled farther than any other car in history.

from All About Law https://www.businessinsider.com/chelsea-manning-could-face-18-months-in-jail-after-grand-jury-silence-2019-3

[davidchanus]

Whistleblower Chelsea Manning is in jail again and could face up to 18 months behind bars despite facing no criminal charges

Whistleblower Chelsea Manning was sent to jail again on Friday after refusing to testify in front of a grand jury probing WikiLeaks and Julian Assange, according to multiple news outlets. 

Manning's attorney Moira Meltzer-Cohen told INSIDER that she could serve up to 18 months in prison despite being accused of no crime. 

Meltzer-Cohen said the tactic was a form of "coercion" meant to probe Manning into testifying. 

Whistleblower Chelsea Manning, a former US Army analyst who leaked troves classified information to WikiLeaks, was jailed again on Friday after she refused to testify in front of a grand jury that is reportedly probing WikiLeaks and Julian Assange, according to numerous news outlets.

Despite being accused of no crime, Manning faces up to 18 months in jail.

"Chelsea can be incarcerated for the remainder of the grand jury [up to 18 months], and the term of the grand jury can be extended by six months,” Manning's attorney Moira Meltzer-Cohen told INSIDER.

Moira Meltzer-Cohen said Manning was held in contempt of court under the “the recalcitrant witness statute," which specifically pertains to "someone who is refusing to give testimony before a grand jury."

Despite being accused of no crime, the statute allows individuals to be confined "in a 'suitable place,'" for no more than 18 months, while the grand jury is underway.

"The only lawful purpose for such confinement is to coerce them to change their mind and give testimony. So they can’t be punished for a refusal to testify, but they may be 'civilly confined' to see if they will agree to change their mind and give testimony," said Meltzer-Cohen.

Read more: Whistleblower Chelsea Manning arrested after refusing to testify in secret WikiLeaks case

"Today’s decision was not unexpected, but it’s an appealable order,” she continued.

In a statement, Manning said she refused to answer the questions of the grand jury, whose proceedings are under seal. In response to each question, she said she answered, "I object to the question and refuse to answer on the grounds that the question is in violation of my First, Fourth, and Sixth Amendment, and other statutory rights."

"All of the substantive questions pertained to my disclosures of information to the public in 2010 — answers I provided in extensive testimony, during my court-martial in 2013," her statement continued.

WikiLeaks alleged in January that federal prosecutors have been working to secure testimony for a grand jury pertaining to criminal charges being levied by the Trump administration. 

In a statement, Manning's support committee, Chelsea Resists, called the ruling punitive, and pointed to previous statements from President Donald Trump about Manning, saying, "It is no secret that members of the current administration have openly expressed their hatred for Chelsea. Donald Trump himself has tweeted about his desire to undo Barack Obama's commutation and put Chelsea back in jail."

Manning isn't the first high-profile person to face jail after allegations of civil contempt. Susan McDougal spent 18 months in jail after she refused to answer three questions pertaining to the Whitewater scandal that surrounded President Bill Clinton, according to CNN.

In 2006, Greg F. Anderson, personal trainer to then-San Francisco Giants' player Barry Bonds, was held in contempt twice after refusing to testify for two different grand juries investigating perjury charges against Bonds. Anderson was held in jail for over a year until Bonds was indicted in 2007.

In February, an appeals court sided with a lower court in ruling that Roger Stone associate Andrew Miller was in contempt for refusing to testify in front of a Mueller grand jury, according to CNN. It's not clear whether Miller will testify, continue to fight the subpoena, or be jailed.

SEE ALSO: U.S. prosecutors press witnesses to testify against Assange: WikiLeaks

Join the conversation about this story »

NOW WATCH: Elon Musk sent a $100K Tesla Roadster to space a year ago. It has now traveled farther than any other car in history.

from Legal News https://www.businessinsider.com/chelsea-manning-could-face-18-months-in-jail-after-grand-jury-silence-2019-3

[toldnews-blog]

New Post has been published on https://toldnews.com/politics/chelsea-manning-taken-into-custody-for-refusing-to-testify-before-secret-grand-jury/

Chelsea Manning taken into custody for refusing to testify before secret grand jury

Chelsea Manning, an anti-secrecy activist and former U.S. Army intelligence analyst whose release of classified information to WikiLeaks in 2010 sparked worldwide controversy over transparency in the military and whistleblower protections, was taken into custody at a federal court on Friday after a federal judge found her in contempt of court for refusing to answer questions before a secret grand jury.

Interested in Chelsea Manning?

Add Chelsea Manning as an interest to stay up to date on the latest Chelsea Manning news, video, and analysis from ABC News.

In late January, Manning was subpoenaed to testify before a federal grand jury in a sealed case out of the U.S. District Court in the Eastern District of Virginia — the same district in which the government recently inadvertently revealed the existence of a sealed indictment against WikiLeaks publisher Julian Assange.

On Friday, after refusing to answer the grand jury’s questions, U.S. District Judge Claude Hilton found Manning in contempt of court and ordered her to be held in jail until she decides to testify or until the grand jury concludes its work — which could be up to 18 months, a lawyer for Manning said.

Dennis Van Tine/Sipa USA via AP, FILE

Chelsea Manning attends an event in New York City on Aug. 2, 2017.

In a statement released earlier this week, Manning said she was “prepared to face the consequences” of her refusal to answer the panel’s questions.

“A judge will consider the legal grounds for my refusal to answer questions in front of a grand jury,” Manning said. “The court may find me in contempt, and order me to jail.”

Addressing reporters afterward on Friday, an attorney for Manning, Moira Meltzer-Cohen, suggested she may appeal the judge’s ruling.

“I think it’s quite likely,” Meltzer-Cohen said. “This is an appealable order.”

Alexandria Sheriff’s Office

Chelsea Manning is pictured in a booking photo released by Alexandria Sheriff’s Office on March, 08, 2019.

In 2013, Manning was sentenced to 35 years in prison for the unauthorized disclosure of classified materials made public by WikiLeaks in 2010. The leaks included millions of diplomatic cables and a video from July 2007 of a U.S. helicopter in Baghdad firing on a group of civilians that killed two Reuters photographers and wounded two children.

Her sentence was commuted by President Barack Obama in 2017.

[mothersolo]

Chelsea Manning sent to jail for refusing to testify in Wikileaks case

https://wapo.st/2TzSqjw

Former Army intelligence analyst Chelsea Manning will be held in jail until she testifies before a grand jury or that grand jury is no longer operating, a federal judge in Alexandria ruled Friday.

Most of the hearing at which prosecutors argued for Manning to held in contempt was sealed, but the court was open to the public for Judge Claude M. Hilton’s ruling.

“I’ve found you in contempt,” Hilton said. He ordered her to custody immediately, “either until you purge yourself or the end of the life of the grand jury.”

Manning was called to testify in an investigation into Wikileaks, the anti-secrecy website she shared classified documents with back in 2010. Manning served seven years of a 35 year prison sentence for her leak before receiving a commutation from then-President Barack Obama.

Outside court before the hearing, Manning said she was prepared to go to jail.

“These secret proceedings tend to favor the government,” she said. “I’m always willing to explain things publicly.”

Manning’s attorney, Moira Meltzer-Cohen, said it would be “an act of tremendous cruelty” to send the transgender ex-private to jail given medical and safety concerns.

Prosecutor Tracy McCormick said the jail has experience handling both transgender inmates and public figures.

“The government does not want to confine Ms. Manning,” McCormick said. “She could change her mind right now and decide to testify.”

Hilton said any medical concerns Manning has should be addressed with the U.S. Marshals, but that the court was available if she has problems.

[warmcoals]

"Former Army intelligence analyst Chelsea Manning will be held in jail until she testifies before a grand jury or that grand jury is no longer operating, a federal judge in Alexandria ruled Friday.

Most of the hearing at which prosecutors argued for Manning to be held in contempt was sealed, but the court was open to the public for Judge Claude M. Hilton’s ruling.

“I’ve found you in contempt,” Hilton said. He ordered her to custody immediately, “either until you purge yourself or the end of the life of the grand jury.”

Manning was called to testify in an investigation into WikiLeaks, the anti-secrecy website she shared classified documents with back in 2010. Manning served seven years of a 35 year prison sentence for her leak before receiving a commutation from President Barack Obama.

Outside court before the hearing, Manning said she was prepared to go to jail.

“These secret proceedings tend to favor the government,” she said. “I’m always willing to explain things publicly.”

Manning’s attorney, Moira Meltzer-Cohen, said it would be “an act of tremendous cruelty” to send the transgender ex-private to jail given medical and safety concerns.

Prosecutor Tracy McCormick said the jail has experience handling both transgender inmates and public figures.

“The government does not want to confine Ms. Manning,” McCormick said. “She could change her mind right now and decide to testify.” ......"

the article by Rachel Weiner is here

donate to her legal fund here

happy international womens day, chelsea manning is being held in federal jail for an unspecified amount of time again

[thewebofslime]

The Justice Department has decided not to charge Julian Assange for his role in exposing some of the CIA’s most secret spying tools, according to a U.S. official and two other people familiar with the case. It’s a move that has surprised national security experts and some former officials, given prosecutors’ recent decision to aggressively go after the WikiLeaks founder on more controversial Espionage Act charges that some legal experts said would not hold up in court. The decision also means that Assange will not face punishment for publishing one of the CIA’s most potent arsenals of digital code used to hack devices, dubbed Vault 7. The leak — one of the most devastating in CIA history — not only essentially rendered those tools useless for the CIA, it gave foreign spies and rogue hackers access to them. Prosecutors were stymied by several factors. First, the government is facing a ticking clock in its efforts to extradite Assange to the United States from the United Kingdom, where he is being held. Extradition laws require the U.S. to bring any additional charges against Assange within 60 days of the first indictment, which prosecutors filed in March, accusing Assange of helping former Army intelligence analyst Chelsea Manning hack into military computers. Second, prosecutors were worried about the sensitivity of the Vault 7 materials, according to an official familiar with the deliberations over whether to charge Assange. Broaching such a classified subject in court risks exposing even more CIA secrets, legal experts said. The CIA has never officially confirmed the authenticity of the leaked documents, even though analysts widely believe them to be authentic. Morning Cybersecurity A daily briefing on politics and cybersecurity — weekday mornings, in your inbox. EmailSign Up By signing up you agree to receive email newsletters or alerts from POLITICO. You can unsubscribe at any time. “There is no question that there are leak cases that can’t be prosecuted against the leaker or the leakee because the information is so sensitive that, for your proof at trial, you would have to confirm it is authentic,” said Mary McCord, who was acting assistant attorney general for national security at the Justice Department until 2017. “So the irony, often, is that the higher the classification of the leaked material, the harder it is to prosecute.” So instead, the Justice Department will go after Assange on the one count for allegedly assisting Manning and the 17-count Espionage Act indictment. There are no plans to bring any additional indictments prior to his extradition. While the Manning leak indictment was an expected move, the Espionage Act charges startled the legal community as a potential precedent-setting action. Traditionally, the law has been used to punish government officials who reveal classified information, not the journalists or foreign nationals who publish the information. Press freedom activists immediately warned that the case could criminalize everyday journalistic behavior, such as soliciting sensitive information from government sources. Federal officials insist they have a strong case, arguing that Assange is not a journalist and intentionally published the names of confidential sources in war zones over the objections of national security officials. “There is a comfort level within the national security establishment of where the charges ended up,” the U.S. national security official told POLITICO. Still, just several months ago, numerous experts felt confident that prosecutors would also hit Assange with charges over Vault 7. Prominent national security journalist Marcy Wheeler predicted in February that DOJ would “very clearly go after Assange” for the Vault 7 disclosure, and that a sealed indictment against him in the Eastern District of Virginia was likely related to that leak — the CIA is, after all, headquartered in Virginia, as ABC noted. Assange himself reportedly expressed concern that prosecutors would charge him with crimes related to Vault 7. Federal officials have argued that Julian Assange is not a journalist and intentionally published the names of confidential sources in war zones. | Jack Taylor/Getty Images DOJ has charged one person in the Vault 7 theft. A former CIA employee, Joshua Schulte, was indicted for transmitting the Vault 7 documents to WikiLeaks. He has pleaded not guilty and his trial is set for November. In April, prosecutors in his case asked the judge to keep the search warrants confidential because disseminating them could “impede ongoing investigations,” prompting more speculation over potential charges against Assange. “Going after Assange for the Vault 7 leak would seem to involve more serious misconduct and have fewer” press freedom implications, said Carl Tobias, the Williams Professor of Law at the University of Richmond Law School in Virginia. He noted that authorities have mechanisms, like redaction and judge reviews, to protect sensitive information. But prosecutors have not accused Assange of coaxing Schulte to release the CIA tools, as they allege Assange did with Manning. According to court documents, Assange asked Manning for specific classified documents and advised her on how to hack into a government computer. Manning is in jail over her refusal to testify before a grand jury in the Assange case. Her lawyers have argued that if the Justice Department does not intend to bring further charges against Assange, the previous need for her testimony should be rendered moot. CYBERSECURITY Iran-linked campaign impersonated GOP midterm candidates online By TIM STARKS “If indeed the government has concluded their investigation, then there is no further need to coerce her compliance with the grand jury, and thus, there can be no legitimate ongoing reason to hold her in contempt,” Moira Meltzer-Cohen, an attorney for Manning, told POLITICO. “If the investigation has ended, then Chelsea must be released." WikiLeaks began releasing the Vault 7 documents in April 2017, prompting then-CIA Director Mike Pompeo to slam the organization as a “hostile intelligence service.” The exposed documents describe how the CIA’s secretive Center for Cyber Intelligence developed malware, viruses and weaponized “zero-day” exploits, or flaws in technology like smartphones and internet-connected TVs that are not yet known to the manufacturer. Legally, the CIA can use these cyber weapons only against foreign targets, not against U.S. citizens. But WikiLeaks said at the time that it was given the documents by a former U.S. government hacker or contractor concerned about “whether the CIA’s hacking capabilities exceed its mandated powers.” Assange’s release of the Vault 7 tools jeopardized a potential immunity deal that law enforcement officials had been weighing for him in early 2017 in exchange for his testimony about WikiLeaks’ ties to Russian intelligence officers, according to The New York Times.

[thisdaynews]

Assange won’t face charges over role in devastating CIA leak

New Post has been published on https://thebiafrastar.com/assange-wont-face-charges-over-role-in-devastating-cia-leak/

Assange won’t face charges over role in devastating CIA leak

WikiLeaks founder Julian Assange will not face charges for publishing Vault 7, a series of documents detailing the CIA’s arsenal of digital code used to hack devices. | Daniel Leal-Olivas/AFP/Getty Images

legal

The decision surprised national security experts and some former officials, given prosecutors’ recent decision to go after the WikiLeaks founder on Espionage Act charges.

The Justice Department has decided not to charge Julian Assange for his role in exposing some of the CIA’s most secret spying tools, according to a U.S. official and two other people familiar with the case.

It’s a move that has surprised national security experts and some former officials, given prosecutors’ recent decision to aggressively go after the WikiLeaks founder on more controversial Espionage Act charges that some legal experts said would not hold up in court. The decision also means that Assange will not face punishment for publishing one of the CIA’s most potent arsenals of digital code used to hack devices, dubbed Vault 7. The leak — one of the most devastating in CIA history — not only essentially rendered those tools useless for the CIA, it gave foreign spies and rogue hackers access to them.

Story Continued Below

Prosecutors were stymied by several factors.

First, the government is facing a ticking clock in its efforts to extradite Assange to the United States from the United Kingdom, where he is being held. Extradition laws require the U.S. to bring any additional charges against Assange within 60 days of the first indictment, which prosecutors filed in March, accusing Assange of helping former Army intelligence analyst Chelsea Manning hack into military computers.

Second, prosecutors were worried about the sensitivity of the Vault 7 materials, according to an official familiar with the deliberations over whether to charge Assange. Broaching such a classified subject in court risks exposing even more CIA secrets, legal experts said. The CIA has never officially confirmed the authenticity of the leaked documents, even though analysts widely believe them to be authentic.

“There is no question that there are leak cases that can’t be prosecuted against the leaker or the leakee because the information is so sensitive that, for your proof at trial, you would have to confirm it is authentic,” said Mary McCord, who was acting assistant attorney general for national security at the Justice Department until 2017. “So the irony, often, is that the higher the classification of the leaked material, the harder it is to prosecute.”

So instead, the Justice Department will go after Assange on the one count for allegedly assisting Manning and the 17-count Espionage Act indictment. There are no plans to bring any additional indictments prior to his extradition.

While the Manning leak indictment was an expected move, the Espionage Act charges startled the legal community as a potential precedent-setting action. Traditionally, the law has been used to punish government officials who reveal classified information, not the journalists or foreign nationals who publish the information. Press freedom activists immediately warned that the case could criminalize everyday journalistic behavior, such as soliciting sensitive information from government sources.

Federal officials insist they have a strong case, arguing that Assange is not a journalist and intentionally published the names of confidential sources in war zones over the objections of national security officials.

“There is a comfort level within the national security establishment of where the charges ended up,” the U.S. national security official told POLITICO.

Still, just several months ago, numerous experts felt confident that prosecutors would also hit Assange with charges over Vault 7. Prominent national security journalist Marcy Wheeler predicted in Februarythat DOJ would “very clearly go after Assange” for the Vault 7 disclosure, and that a sealed indictment against him in the Eastern District of Virginiawas likely relatedto that leak — the CIA is, after all, headquartered in Virginia,as ABC noted. Assange himselfreportedly expressed concernthat prosecutors would charge him with crimes related to Vault 7.

DOJ has charged one person in the Vault 7 theft. A former CIA employee, Joshua Schulte, wasindictedfor transmitting the Vault 7 documents to WikiLeaks. He has pleaded not guilty and his trial is set for November. In April, prosecutors in his case asked the judge to keep the search warrants confidential because disseminating them could “impede ongoing investigations,” prompting more speculation over potential charges against Assange.

“Going after Assange for the Vault 7 leak would seem to involve more serious misconduct and have fewer” press freedom implications, said Carl Tobias, the Williams Professor of Law at the University of Richmond Law School in Virginia. He noted that authorities have mechanisms, like redaction and judge reviews, to protect sensitive information.

But prosecutors have not accused Assange of coaxing Schulte to release the CIA tools, as they allege Assange did with Manning. According to court documents, Assange asked Manning for specific classified documents and advised her on how to hack into a government computer.

Manning is in jail over her refusal to testify before a grand jury in the Assange case. Her lawyers have argued that if the Justice Department does not intend to bring further charges against Assange, the previous need for her testimony should be rendered moot.

“If indeed the government has concluded their investigation, then there is no further need to coerce her compliance with the grand jury, and thus, there can be no legitimate ongoing reason to hold her in contempt,” Moira Meltzer-Cohen, an attorney for Manning, told POLITICO. “If the investigation has ended, then Chelsea must be released.”

WikiLeaks began releasing the Vault 7 documents in April 2017, prompting then-CIA Director Mike Pompeo to slam the organization as a “hostile intelligence service.”

The exposed documents describe how the CIA’s secretive Center for Cyber Intelligence developed malware, viruses and weaponized “zero-day” exploits, or flaws in technology like smartphones and internet-connected TVs that are not yet known to the manufacturer.

Legally, the CIA can use these cyber weapons only against foreign targets, not against U.S. citizens. But WikiLeaks said at the time that it was given the documents by a former U.S. government hacker or contractor concerned about “whether the CIA’s hacking capabilities exceed its mandated powers.”

Assange’s release of the Vault 7 tools jeopardized a potential immunity deal that law enforcement officials had been weighing for him in early 2017 in exchange for his testimony about WikiLeaks’ ties to Russian intelligence officers,according toThe New York Times.

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[tendance-news]

Former army private says she would ‘rather starve to death’ than cooperate in growing battle of wills Chelsea Manning was again behind bars on Thursday night after she was jailed for a second time for contempt of court, having refused to cooperate with a grand jury. A defiant Manning told Judge Anthony Trenga in a federal district court in Alexandria, Virginia, that she would “rather starve to death” than do what the state insisted and give testimony before the grand jury. Having already served 62 days in jail, 28 of which were spent in solitary confinement, she now faces up to 18 months more in custody. Trenga further tightened the screws on the former army private by adding a financial penalty. If Manning continues to refuse testimony and remains in jail after 30 days, she will be fined $500 for every subsequent day behind bars. If she reaches 60 days, the figure will be raised to $1,000 a day. The tussle over the grand jury is now shaping up into an epic battle of wills between Virginia prosecutors determined to force Manning to testify in what they hope will be an eventual trial of Julian Assange, the founder of WikiLeaks, and the former intelligence analyst, who has proven herself to have a defiant streak. In a video recording she made on the day she was released from jail a week ago following the expiry of the first grand jury, she said: “I will never agree to testify before this or any other grand jury. The government knows I cannot be coerced.” The grand jury in front of which Manning has been ordered to appear is presumed to relate to the criminal prosecution of Assange. Assange has been charged with conspiring with Manning to break into military computers to help her transmit a vast trove of US state secrets to the open information organization in 2010. After Thursday’s court hearing, Manning’s lawyer, Moira Meltzer-Cohen, said : “In 2010, Chelsea made a principled decision to let the world see the true nature of modern asymmetric warfare. It is telling that the United States has always been more concerned with the disclosure of those documents than with the damning substance of the disclosures.”

from Yahoo News - Latest News & Headlines https://yhoo.it/2M3v4QX

[alanafsmith]

Whistleblower Chelsea Manning arrested after refusing to testify in secret WikiLeaks case

Whistleblower Chelsea Manning has been arrested after she refused to testify before a federal grand jury on matters relating to her 2010 disclosure to WikiLeaks, multiple news outlets are reporting.

On Friday, a judge ruled that Manning would be jailed until the grand jury's proceedings are over, or until she decided to testify, holding her in contempt of court.

Manning was previously imprisoned for 7 years relating to her WikiLeaks disclosures. Her 35-year sentence was cut short after President Barack Obama granted her clemency.

Manning was vocal about her struggles in prison, where she attempted suicide twice, and underwent gender transition despite being continually held in a men's prison.

Chelsea Manning, the former US army analyst and whistleblower who leaked troves of classified material to WikiLeaks in 2010, was arrested again on Friday after she reportedly refused to testify in front of a Virginia grand jury about her interactions with WikiLeaks and its founder Julian Assange.

"I've found you in contempt," Judge Claude M. Hilton told Manning at the public ruling, according to the Washington Post. He said Manning will be jailed until "either until you purge yourself or the end of the life of the grand jury."

Manning said in a statement on Twitter that she was summoned to appear before a secret grand jury on Wednesday. In response to each question, she said she answered: "I object to the question and refuse to answer on the grounds that the question is in violation of my First, Fourth, and Sixth Amendment, and other statutory rights."

"All of the substantive questions pertained to my disclosures of information to the public in 2010 — answers I provided in extensive testimony, during my court-martial in 2013," her statement continued.

In January, WikiLeaks alleged that federal prosecutors were working to get witnesses to testify against Assange in secret criminal proceedings being conducted by the Trump administration.

Read more: US prosecutors press witnesses to testify against Assange: WikiLeaks

Before the ruling, Manning told reporters, "I don't believe in the grand jury process; I don't believe in the secrecy of this."

Manning's lawyer Moira Meltzer-Cohen called the arrest an "an act of tremendous cruelty," according to The Post.

Manning was imprisoned for 7 years out of a 35-year sentence stemming from multiple counts under the Espionage Act. In 2017, she was released after President Barack Obama commuted her sentence late in his term.

Manning has said she suffered from mental health issues in prison, where she attempted to commit suicide twice. During her incarceration, she spoke out about her treatment in the justice system as a transgender woman. Throughout her sentence, she was housed in a men's prison despite undergoing hormone and speech therapy as part of her transition.

Meltzer-Cohen commended prosecutors in the current case for working to address Manning's medical needs, and Hilton said the court was available if US Marshals failed to address them, according to The Post.

Join the conversation about this story »

NOW WATCH: What El Chapo is really like, according to the wife of one his closest henchman

from All About Law https://www.businessinsider.com/chelsea-manning-arrested-refused-to-testify-in-wikileaks-case-2019-3

[davidchanus]

Whistleblower Chelsea Manning arrested after refusing to testify in secret WikiLeaks case

Whistleblower Chelsea Manning has been arrested after she refused to testify before a federal grand jury on matters relating to her 2010 disclosure to WikiLeaks, multiple news outlets are reporting.

On Friday, a judge ruled that Manning would be jailed until the grand jury's proceedings are over, or until she decided to testify, holding her in contempt of court.

Manning was previously imprisoned for 7 years relating to her WikiLeaks disclosures. Her 35-year sentence was cut short after President Barack Obama granted her clemency.

Manning was vocal about her struggles in prison, where she attempted suicide twice, and underwent gender transition despite being continually held in a men's prison.

Chelsea Manning, the former US army analyst and whistleblower who leaked troves of classified material to WikiLeaks in 2010, was arrested again on Friday after she reportedly refused to testify in front of a Virginia grand jury about her interactions with WikiLeaks and its founder Julian Assange.

"I've found you in contempt," Judge Claude M. Hilton told Manning at the public ruling, according to the Washington Post. He said Manning will be jailed until "either until you purge yourself or the end of the life of the grand jury."

Manning said in a statement on Twitter that she was summoned to appear before a secret grand jury on Wednesday. In response to each question, she said she answered: "I object to the question and refuse to answer on the grounds that the question is in violation of my First, Fourth, and Sixth Amendment, and other statutory rights."

"All of the substantive questions pertained to my disclosures of information to the public in 2010 — answers I provided in extensive testimony, during my court-martial in 2013," her statement continued.

In January, WikiLeaks alleged that federal prosecutors were working to get witnesses to testify against Assange in secret criminal proceedings being conducted by the Trump administration.

Read more: US prosecutors press witnesses to testify against Assange: WikiLeaks

Before the ruling, Manning told reporters, "I don't believe in the grand jury process; I don't believe in the secrecy of this."

Manning's lawyer Moira Meltzer-Cohen called the arrest an "an act of tremendous cruelty," according to The Post.

Manning was imprisoned for 7 years out of a 35-year sentence stemming from multiple counts under the Espionage Act. In 2017, she was released after President Barack Obama commuted her sentence late in his term.

Manning has said she suffered from mental health issues in prison, where she attempted to commit suicide twice. During her incarceration, she spoke out about her treatment in the justice system as a transgender woman. Throughout her sentence, she was housed in a men's prison despite undergoing hormone and speech therapy as part of her transition.

Meltzer-Cohen commended prosecutors in the current case for working to address Manning's medical needs, and Hilton said the court was available if US Marshals failed to address them, according to The Post.

Join the conversation about this story »

NOW WATCH: What El Chapo is really like, according to the wife of one his closest henchman

from Legal News https://www.businessinsider.com/chelsea-manning-arrested-refused-to-testify-in-wikileaks-case-2019-3

[lovehardenemycollector]

Former army private says she would ‘rather starve to death’ than cooperate in growing battle of wills Chelsea Manning was again behind bars on Thursday night after she was jailed for a second time for contempt of court, having refused to cooperate with a grand jury. A defiant Manning told Judge Anthony Trenga in a federal district court in Alexandria, Virginia, that she would “rather starve to death” than do what the state insisted and give testimony before the grand jury. Having already served 62 days in jail, 28 of which were spent in solitary confinement, she now faces up to 18 months more in custody. Trenga further tightened the screws on the former army private by adding a financial penalty. If Manning continues to refuse testimony and remains in jail after 30 days, she will be fined $500 for every subsequent day behind bars. If she reaches 60 days, the figure will be raised to $1,000 a day. The tussle over the grand jury is now shaping up into an epic battle of wills between Virginia prosecutors determined to force Manning to testify in what they hope will be an eventual trial of Julian Assange, the founder of WikiLeaks, and the former intelligence analyst, who has proven herself to have a defiant streak. In a video recording she made on the day she was released from jail a week ago following the expiry of the first grand jury, she said: “I will never agree to testify before this or any other grand jury. The government knows I cannot be coerced.” The grand jury in front of which Manning has been ordered to appear is presumed to relate to the criminal prosecution of Assange. Assange has been charged with conspiring with Manning to break into military computers to help her transmit a vast trove of US state secrets to the open information organization in 2010. After Thursday’s court hearing, Manning’s lawyer, Moira Meltzer-Cohen, said : “In 2010, Chelsea made a principled decision to let the world see the true nature of modern asymmetric warfare. It is telling that the United States has always been more concerned with the disclosure of those documents than with the damning substance of the disclosures.”

from Yahoo News - Latest News & Headlines https://yhoo.it/2M3v4QX