Judge Rules Official Papers Aren’t Public Although WikiLeaks Published Them
Saturday, July 28, 2012
The State Department does not have to release documents already published by WikiLeaks, said a federal judge in a case brought by civil libertarians.
The American Civil Liberties Union (ACLU) sued the State Department to force the release of 23 cables discussing relations with foreign countries and terrorism-related investigations. ACLU lawyers argued since the documents were already in the public domain, thanks to WikiLeaks, there was no point in the government keeping them classified.
But Judge Colleen Kollar-Kotelly rejected the ACLU’s argument, ruling public disclosure alone was not reason enough to require the State Department to turn over the materials.
In other WikiLeaks-related news this week, founder Julian Assange has hired former Spanish judge Baltazar Garzón to help him fight his extradition to Sweden. Assange, accused of committing rape, is currently seeking refuge in Ecuador’s embassy in London.
Garzón was recently disbarred in Spain for illegally ordering wiretappings. He gained international fame for supporting cases against former Chilean dictator Augusto Pinochet and members of the Bush administration for allowing the torture of Guantánamo detainees.
-Noel Brinkerhoff
To Learn More:
Judge Rules for State Department in Dispute Over WikiLeaks Disclosures (by Mike Scarcella, LegalTimes blog)
Famous Spanish Judge to Defend Assange against “American Scheme” (by Andrés Cala, Christian Science Monitor)
ACLU v. Department of State (U.S. District Court for the District of Columbia)
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