Reps McGovern, Massie urge Biden to pardon Julian Assange to 'send a clear message' on press freedom

Assange, an Australian publisher, pleaded guilty in June and was sentenced to time served as part of a deal he reached with the U.S. Justice Department to end his imprisonment in London over charges for publishing classified U.S. military documents leaked to him by a source. Assange had spent years attempting to avoid extradition from the U.K. to the U.S.

"We write, first, to express our appreciation for your administration's decision last spring to facilitate a resolution of the criminal case against publisher Julian Assange and to withdraw the related extradition request that had been pending in the United Kingdom," the lawmakers wrote to Biden. "This brought an end to Mr. Assange's protracted detention and allowed him to reunite with his family and return to his home country of Australia."

The charges were brought by the Trump administration's Justice Department over WikiLeaks' 2010 publication of cables leaked by U.S. Army intelligence analyst Chelsea Manning, and the Biden administration had continued to pursue prosecution until the plea deal. The cables detailed alleged war crimes committed by the U.S. government in Iraq, Afghanistan and the Guantánamo Bay, Cuba, detention camp, as well as instances of the CIA engaging in torture and rendition.

WikiLeaks' "Collateral Murder" video showing the U.S. military gunning down civilians in Iraq, including two Reuters journalists, was also published 14 years ago.

The lawmakers told Biden, who is set to leave office in January, that they are "deeply concerned that the agreement that ended the case required Mr. Assange to plead guilty to felony charges under section 793 of the Espionage Act," highlighting that the decision to prosecute Assange under the Espionage Act "set off alarms" among members of Congress, as well as advocates for freedom of expression and freedom of the press.

In 2013, the Obama administration decided not to indict Assange over WikiLeaks' 2010 publication of classified cables because it would have had to also indict journalists from major news outlets who published the same materials.

"Put simply, there is a long-standing and well-grounded concern that section 793, which criminalizes the obtaining, retaining, or disclosing of sensitive information, could be used against journalists and news organizations engaged in their normal activities, particularly those who cover national security topics. This risk reportedly informed the Obama administration's decision not to prosecute Mr. Assange," McGovern and Massie wrote.

Assange had been held at London's high-security Belmarsh Prison since being removed from the Ecuadorian Embassy on April 11, 2019, for breaching bail conditions. He had sought asylum at the embassy since 2012 to avoid being sent to Sweden over allegations he raped two women because Sweden would not provide assurances it would protect him from extradition to the U.S. The investigations into the sexual assault allegations were eventually dropped over lack of evidence.

"The terms of Mr. Assange's plea agreement have now set a precedent that greatly deepens our concern," the letter reads. "A review of prosecutions under the Espionage Act makes clear that Mr. Assange's case is the first time the Act has been deployed against a publisher."

The congressmen said they share the view of Jodie Ginsberg, the chief executive of the Committee to Protect Journalists, who reacted to the plea agreement by saying: "While we welcome the end of his detention, the US's pursuit of Assange has set a harmful legal precedent by opening the way for journalists to be tried under the Espionage Act if they receive classified material from whistleblowers."

"We therefore urge you to consider issuing a pardon for Mr. Assange," the lawmakers wrote. "A pardon would remove the precedent set by the plea and send a clear message that the U.S. government under your leadership will not target or investigate journalists and media outlets simply for doing their jobs."

Assange's brother, Gabriel Shipton, is returning to Washington, D.C., in January as part of a campaign calling on Biden to pardon the WikiLeaks founder before leaving office.

Shipton and Assange's wife, Stella, have asked Australian Prime Minister Anthony Albanese, who before the plea deal had called for an end to Assange's prosecution and said he had raised the case with Biden, to urge the president to issue a pardon in his farewell phone call with the outgoing commander in chief.

As a condition of his plea, Assange was required to destroy classified information provided to WikiLeaks.

During his sentencing hearing in June in federal court in Saipan, the capital of the Northern Mariana Islands, a U.S. commonwealth in the Pacific, U.S. District Judge Ramona Manglona noted that the U.S. government admitted that there is no evidence that WikiLeaks' publications put anyone in harms way.

"The government has indicated there is no personal victim here. That tells me the dissemination of this information did not result in any known physical injury," the judge said at the time. "These two facts are very relevant. I would say if this was still unknown and closer to [2012] I would not be so inclined to accept this plea agreement before me. But it's the year 2024."