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Title: |
Docket for ELECTRONIC PRIVACY INFORMATION CENTER v. U.S. DEPARTMENT OF JUSTICE, CRIMINAL DIVISION et al, U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:12-cv-00127-RWR |
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Concerning: |
"Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, FBI, Department of Justice |
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Title: |
NOTICE of Appearance by Marc Rotenberg on behalf of ELECTRONIC PRIVACY INFORMATION CENTER (Rotenberg, Marc) (Entered: 06/01/2012) |
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Concerning: |
"Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, FBI, Department of Justice |
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2012-06-30 |
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Title: |
Senate Select Committee on Intelligence Committee Activities Report |
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Authoring or Creator Agency: |
Senate Select Committee on Intelligence, United States Senate |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Theresa Buchanan, Thomas Rawles Jones |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Theresa Buchanan, Thomas Rawles Jones |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Theresa Buchanan, Thomas Rawles Jones |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Author: |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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Author: |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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Author: |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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NOW COME Plaintiffs to respectfully request a status conference regarding an evidentiary issue facing Plaintiffs' undersigned counsel. Plaintiffs intend to offer an email between two U.S. defense contractors that is posted on Wikileaks ('the email') into evidence to support their Opposition to Defendants' Motion for Summary Judgment.
The email in question is not marked as a classified document, nor does it appear to be a U.S. government document at all. However, given the potentially-classified nature of the email (due to its creation by two defense contractors with access to classified information) and the sensitive nature of any documents currently posted on Wikileaks without U.S. Government authorization, the undersigned asked Defendants' counsel to confirm the classification status of the email. The Defendants' counsel refused to provide any such clarification, placing the undersigned in an untenable position without the Court's intervention.
The undersigned has no reason to believe that the email is classified, but the fact that it shows an exchange between two senior defense contractors about a matter the government is |
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Name(s:) |
Kelly McClanahan |
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Concerning: |
Mobley versus CIA FOIA, Global Intelligence Files, Stratfor, GI Files |
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Url: |
Url Link
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Title: |
Re: Insight- Sharif Mobley |
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Author: |
Scott Stewart, Aaron Colvin, Fred Burton |
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Authoring or Creator Agency: |
Stratfor |
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Concerning: |
"Mobley versus CIA FOIA, Global Intelligence Files, GI Files, Stratfor |
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Archive Link |
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The fact that this administration would aggressively pursue leaks perpetrated by a 22-year-old Army private in the Wikileaks matter and former CIA employees in other leaks cases but apparently sanction leaks made by senior administration officials for political purposes is simply unacceptable. It also calls for the need for a special counsel to investigate what happened.
[...]
In my view, the administration should be taking these leaks, apparently perpetrated by senior administration officials, as seriously as it pursued those made by relatively low government personnel such as the Army private in the WikiLeaks matter or the former CIA employee who provided the New York Times with classified information about U.S. attempts to sabotage the Iranian nuclear program. The failure of the administration to do so would confirm what today is only an inference--that these leaks were, in fact, sanctioned by the administration to serve a pure political purpose.
[...]
I guess the most disturbing part--and I would ask my friend--it is one thing to have a private, in the WikiLeaks matter, who had access to it, low-level members of certain agencies, one in the CIA who I know was prosecuted, but this is, according to the articles that are written, the highest levels in the White House are confirming this classified information and maybe even volunteering it, for all we know. |
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Name(s:) |
John McCain |
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Title: |
United States Senator |
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Agency(ies): |
United States Senate |
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Concerning: |
Obama Leaks |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/lMiqW |
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Title: |
Senate Session, Part 2, Jun 5, 2012 |
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Authoring or Creator Agency: |
C-SPAN |
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Concerning: |
"Obama Leaks |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
John Anderson |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
SCHEDULING ORDER setting deadlines for dispositive briefing. See Order for further information. Signed by Judge Richard W. Roberts on 6/6/12. (lcrwr2) (Entered: 06/06/2012) |
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Concerning: |
"Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, FBI, Department of Justice |
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Title: |
Docket for ELECTRONIC PRIVACY INFORMATION CENTER v. U.S. DEPARTMENT OF JUSTICE, CRIMINAL DIVISION et al, U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:12-cv-00127-RWR |
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Concerning: |
"Epic FOIA, Criminal Division, National Security Division, Federal Bureau of Investigation, FBI, Department of Justice |
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Title: |
Transcript of US v Pfc. Bradley Manning, Article 39(a) Motion Hearing, 06/06/12 |
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Author: |
Alexa O'Brien |
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Title: |
Journalist |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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But from previous comments, they appeared to have in mind recent reports by The New York Times, The Associated Press, Newsweek and other news organizations about an intelligence agent who infiltrated the branch of Al Qaeda in Yemen and posed as a suicide bomber; President Obama's oversight of drone strikes against terrorism suspects; and an attack using the Stuxnet computer worm designed by the United States and Israel against Iran's nuclear program. |
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Name(s:) |
Scott Shane |
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Title: |
Reporter |
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Agency(ies): |
New York Times |
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Concerning: |
Obama Leaks |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/mOXrD |
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Title: |
Leaks of Classified Information Jun 7, 2012 |
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Authoring or Creator Agency: |
C-SPAN |
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Plaintiffs state that they intend to submit an email exchange between employees of a private firm as evidence in support of their brief opposing summary judgment in favor of defendants. Plaintiffs' counsel indicates that he obtained this email from the Wikileaks website. Because the email was allegedly sent between 'two defense contractors with access to classified information,' Mot. at 1, counsel believes the information in the email may be classified. Further, according to plaintiffs' counsel, if he were to submit this email as evidence and 'someone in the government does believe it is classified, it would have severe repercussions on [plaintiffs' counsel's] ability to obtain and hold a security clearance in the future.'
[...]
The Government does not conduct a classification review of whatever information private individuals without non-disclosure agreements happen to obtain from somewhere in the public domain, solely because those individuals express their belief that such information may be classified. [Footnote] 3 There are additional reasons that defendants cannot confirm the classification of the particular email at issue. As the undersigned advised plaintiffs' counsel, the U.S. Government as a policy matter does not confirm or deny the authenticity (or, by extension, the classification) of documents posted on Wikileaks. That is particularly the case where, as counsel recognizes here, the email is not a government document.
[...]
[Footnote 3] Otherwise, private litigants could presumably require the Government to conduct a classification review of a New York Times article or a blog post that they intended to offer in litigation, simply because such document purported to reveal classified information obtained from individuals with access to that information. Such a requirement would impose an enormous burden on the Government and, more importantly, intrude on the Executive's exclusive authority to determine how best to manage and protect classified information.
[...]
Finally, under the circumstances presented here--where the Government cannot confirm or deny the authenticity or classification of a document obtained from Wikileaks... |
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Name(s:) |
Stuart Delery, Ronald Machen, Elizabeth Shapiro, Judson Littleton |
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Title: |
Acting Assistant Attorney General, United States Attorney, Deputy Branch Director, Trial Attorney |
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Agency(ies): |
Department of Justice, Civil Division, Federal Programs Branch |
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Concerning: |
Mobley versus CIA FOIA, Global Intelligence Files, Stratfor, GI Files |
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Url: |
Url Link
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Title: |
Re: Insight- Sharif Mobley |
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Author: |
Scott Stewart, Aaron Colvin, Fred Burton |
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Authoring or Creator Agency: |
Stratfor |
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Concerning: |
"Mobley versus CIA FOIA, Global Intelligence Files, GI Files, Stratfor |
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Archive Link |
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Title: |
Transcript of US v Pfc. Bradley Manning, Article 39(a) Motion Hearing, 06/07/12 |
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Author: |
Alexa O'Brien |
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Title: |
Journalist |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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Title: |
20120607-(AE 131) Ruling (Defense Motion-Compel ID of Brady) Redacted |
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Author: |
Denise Lind |
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Title: |
Chief Military Judge |
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Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
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Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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Archive Link |
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QUESTION: On another subject, this nomination of Brett McGurk, is it in trouble? And can you confirm that the State Department is investigating allegations of these emails between him and Ms. Chon of The Wall Street Journal?
MS. NULAND: Well, first of all, on the subject of the emails, they're out there for everybody to see. I'm not going to get into emails between Mr. McGurk and the woman who subsequently became his wife. With regard to Mr. McGurk's nomination, I think you know that he spent the better part of the last decade serving our country in and out of Iraq, working for a Republican administration, a Democratic administration. He is, in our view, uniquely qualified to serve as our ambassador, and we urge the Senate to act quickly on his nomination.
QUESTION: So obviously you're sticking with him. But can you confirm that ' because there are reports ' that the State Department actually has looked into these alleged emails, or the allegations that these might have compromised security or sensitive information?
MS. NULAND: I don't have anything to say on the emails.
QUESTION: Can I just follow up on that?
MS. NULAND: Yeah.
QUESTION: Because, I mean, there are rules for Foreign Service officers to not get into situations where you're blackmailed. There's sort of a sense that you have to act morally. There are these regulations in your guidebooks. And some people have lost security clearances over having extramarital affairs. So I wonder why it is that this doesn't seem to be ' factor at all into your decision in keeping this ' keeping his nomination out there.
MS. NULAND: Again, we consider him uniquely qualified. All of the necessary things were done before his nomination, and we urge the Senate to confirm him.
Jill.
QUESTION: Can you confirm that those emails actually came from the State Department system, in ' within the State Department system?
MS. NULAND: I'm not going to speak about the emails. They're out there for you to look at. They're obviously very much available for anybody to read.
QUESTION: Aren't you investigating how they were leaked? They're from your own system.
MS. NULAND: I'm not going to get into our internal issues here.
QUESTION: Well, why not? You talk about WikiLeaks all the time. Those were essentially emails.
MS. NULAND: Goes to your usual point, Matt, that we speak about --
QUESTION: What, the lack of consistency?
MS. NULAND: Yes. (Laughter.)
QUESTION: Yeah. Oh, okay, great. When ' you said you did ' all the necessary things were done before his nomination. What are those necessary things? Was that like a security clearance and vetting and --
MS. NULAND: All that stuff.
QUESTION: Well, I mean ' no, I ' what are they? I don't know. What has to be done, not just in his case but in any nominee's case?
MS. NULAND: His nomination was managed in the exact ' with the exact same processes that we use for everyone.
QUESTION: Well, okay. What does that mean? I mean, does that mean that there's an FBI check or --
MS. NULAND: I'm going to refer you to the White House for how they do this.
QUESTION: All right. And then --
QUESTION: Just one more on that.
MS. NULAND: Yeah.
QUESTION: If you do ' if you did do that, are you sharing this with members of Congress who have severe problems with his nomination?
MS. NULAND: We always work with Congress on our nominees, and we're continuing to do that in this case.
QUESTION: Can you confirm that there has been at least one meeting with ' on the specific issues, not on the specific issues that were about the emails, with people on the Hill?
MS. NULAND: I'm not going to comment on the specifics of our conversation with Congress, but in all these nomination procedures, we work with the Hill on any --
QUESTION: Right.
MS. NULAND: -- issues that they have as our --
QUESTION: But are you --
MS. NULAND: -- nominees are being reviewed.
QUESTION: But are you aware that this ' that people from the State Department have gone to the Hill and/or have spoken to members of the committee who have raised concerns about these specific issues. And by these specific issues, I don't mean the more specific substantive issues that senator ' people like Senator McCain have raised. I'm talking specifically about the emails. Do you know if they have been ' if this issue has been discussed with people on the Hill?
MS. NULAND: Beyond saying that we continue to work with appropriate members and staff on his nomination in support of it, as we do with all nominees, I'm not going to get into details. |
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Name(s:) |
Victoria Nuland |
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Title: |
Spokesperson |
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Agency(ies): |
Department of State |
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Concerning: |
Cablegate |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/a2XfE |
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Title: |
Transcript of US v Pfc. Bradley Manning, Article 39(a) Motion Hearing, 06/08/12 |
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Author: |
Alexa O'Brien |
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Title: |
Journalist |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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Title: |
20120608-(AE 139) Ruling (Defense Motion to Dismiss 1030) Redacted |
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Author: |
Denise Lind |
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Title: |
Chief Military Judge |
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Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
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Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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Archive Link |
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Title: |
20120608-(AE 142) Ruling (Delay of Courts Ruling on Defense Motion to Compel Discovery 2) Redacted |
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Author: |
Denise Lind |
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Title: |
Chief Military Judge |
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Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
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Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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Archive Link |
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Title: |
20120608-(AE 143) Ruling (Defense and Government LIOs) Redacted |
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Author: |
Denise Lind |
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Title: |
Chief Military Judge |
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Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
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Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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Archive Link |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
John Anderson |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
John Anderson |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
John Anderson |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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The undersigned is frankly baffled that the government would actively seek to divest itself of this responsibility in this case, all the while taking such draconian measures in other cases as informing attorneys representing Guantanamo detainees that they are not allowed to use information posted on Wikileaks to defend their clients because the documents remained classified. See, e.g., Scott Shane, Guantanamo Detainee's Lawyer Seeks a Voice on WikiLeaks Documents, N.Y. Times (April. 27, 2011), at http://www.nytimes.com/2011/04/28/us/28gitmo.html (last accessed June 11, 2012).
[...]
Defendants next argue that the government 'as a policy matter does not confirm or deny the authenticity (or, by extension, the classification) of documents posted on Wikileaks.' (Defs.' Resp. at 3.) This argument fails for several reasons. First, it is belied by the government's official policy as described in Paracha v. Bush, No. 04-2022 (D.D.C.), claiming that the records on Wikileaks are still classified. Second, it suffers the foundational flaw of presuming that the fact that it is 'government policy' somehow strips the Court of any authority to countermand it. Lastly, though, the 'policy' described by Defendants is nothing more than a Glomar response being applied to a different context, and it is well within the Court's equitable powers to rule on the appropriateness of such a response. |
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Name(s:) |
Kelly McClanahan |
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Concerning: |
Mobley versus CIA FOIA, Global Intelligence Files, Stratfor, GI Files |
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Url: |
Url Link
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Title: |
Re: Insight- Sharif Mobley |
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Author: |
Scott Stewart, Aaron Colvin, Fred Burton |
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Authoring or Creator Agency: |
Stratfor |
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Concerning: |
"Mobley versus CIA FOIA, Global Intelligence Files, GI Files, Stratfor |
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Archive Link |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Theresa Buchanan, Thomas Rawles Jones |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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The Court appreciates that the government is also faced with a conundrum, given its policy of not acknowledging the authenticity or classification of documents on Wikileaks. That said, this case must move forward. The plaintiffs should be able to provide the Court with information necessary for full and fair review of the issues presented in their case. At the same time, the Court will not participate in the release of potentially classified information by providing an open forum for parties to publish publicly documents they believe to be classified.
In light of the government's response to the plaintiffs' motion, the Court must fashion its own procedures for submission of potentially classified information pertinent to the plaintiffs' opposition to the government's motion for summary judgment. Consequently, the Court adopts a sixth solution, as set forth below, which treats as presumptively classified the documents available from Wikileaks.
[...]
ORDERED that plaintiffs' counsel submit any material which he believes in good faith contains or references potentially = classified information to the Court-designated Security Officer, who shall then transmit this material to the Court for in camera review; [Footnote] 3 and it is further ORDERED that plaintiffs' counsel shall seek guidance from the Court Security Officer with regard to appropriate storage, handling, transmittal, and use of potentially classified documents or information; and it is further ORDERED that the plaintiffs' publicly-filed briefs and associated exhibits be redacted to omit references to potentially classified information; |
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Name(s:) |
Beryl Howell |
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Title: |
United States District Judge |
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Agency(ies): |
United States District Court of Columbia |
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Concerning: |
Mobley versus CIA FOIA, Global Intelligence Files, Stratfor, GI Files |
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Url: |
Url Link
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Title: |
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CRIMINAL DOCKET FOR CASE #: 2:12-cr-00561-UA-1 |
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Authoring or Creator Agency: |
United States District Court for the Central District of California |
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Concerning: |
"Lulzsec |
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Archive Link |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Thomas Rawles Jones |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Thomas Rawles Jones |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Thomas Rawles Jones |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Assange ska verl_mnas till Sverige |
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Authoring or Creator Agency: |
Aklagarmyndigheten |
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Concerning: |
"Sweden versus Assange |
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Archive Link |
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The Supreme Court of the United Kingdom has dismissed the application made by Ms Dinah Rose QC, counsel for Mr Julian Assange, seeking to re-open their appeal.
The seven Justices who heard the appeal on 1-2 February 2012 and gave judgment on 30 May 2012 have considered the appellant's written application, and the reasons for their decision are set out below. These reasons have been agreed unanimously by the seven Justices.
In addition, the Court has ordered that, with the agreement of the respondent and pursuant to section 36(3)(b) of the Extradition Act 2003, the required period for extradition shall not commence until the 14th day after today.
Mr Assange applies to set aside the judgment that has been given against him and to re-open the appeal. The grounds of the application are that the majority of the Court decided the appeal on a ground that Ms Rose QC, Mr Assange's counsel, had not been given a fair opportunity to address. That ground was that article 31(3)(b) of the Vienna Convention on the Law of Treaties ('the Convention') and the principle of public international law expressed in that article rendered admissible State practice as an aid to the interpretation of the Framework Decision.
At the outset of her address to the Court Ms Rose gave five headings for the submissions that she proposed to make. The third of these was the relevance of subsequent events, other EU Instruments and the practice of EU States. A considerable volume of documentary material that had been placed before the Court related to these matters.
In the course of her submissions under her third heading, as she has accepted, Lord Brown expressly put to her that the Convention applied to the interpretation of the Framework Decision. That Convention, as Ms Rose has recognized, sets out rules of customary international law. Had Ms Rose been minded to challenge the applicability of the Convention, or the applicability of State practice as an aid to the construction of the Framework Decision, or the relevance and admissibility of the material relating to State practice, she had the opportunity to do so. She made no such challenge. Her submissions were to the effect that caution should be exercised when considering the effect of State practice.
For these reasons the Court considers that this application is without merit and it is dismissed.
Ms Rose has raised a further point which has validity. Para 83 of the judgment refers to offenses of which Mr Assange 'stands charged'. This is not accurate as charges have not yet been brought against Mr Assange. The judgment will be corrected to read 'offenses in respect of which his extradition is sought'. |
| |
Name(s:) |
Lord Phillips, President Lord Walker, Lady Hale, Lord Brown, Lord Mance Lord Kerr, Lord Dyson |
| |
Title: |
Supreme Court Justice |
| |
Agency(ies): |
United Kingdom Supreme Court |
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Concerning: |
Sweden versus Assange |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/r2gu6 |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Thomas Rawles Jones |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Author: |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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...the Government respectfully submits that it is neither appropriate nor necessary in these circumstances [Footnote] 1 to treat the document as 'presumptively classified' and to facilitate its submission through Court Security Officers. Instead, for the reasons explained below, while the Government does not confirm or deny the authenticity or classification of this or any other particular document posted to Wikileaks, the Government has no objection to the submission of the email on the public record under these circumstances; moreover, clarifying that the Government has no objection to the filing of this email on the public record in these circumstances represents the most expeditious way of moving this case forward. [Footnote] 2
[...]
Due to the combination of several factors, it is neither appropriate nor necessary to treat the Wikileaks document plaintiffs wish to submit as evidence in this case as presumptively classified. The email purports to be an exchange between non-government employees of a private company, not a purported government document, and the email's author merely relays information he obtained from another unnamed source. Further, because the email was posted to Wikileaks, it is already available in the public domain [Footnote] 1 for anyone (such as plaintiffs' counsel, for example) to search for, access, and download. Neither plaintiffs nor plaintiffs' counsel have authorized access to classified information, so their republication of this already public email does not risk being interpreted as confirmation or denial of the document's contents by an individual in a position of knowledge. Nor has plaintiffs' counsel signed a non disclosure agreement that legally obligates him to comply with certain procedures to ensure the safeguarding of potentially classified information.
Indeed, in all material respects, the email (in which the author, a non-government employee, merely relays information purportedly obtained from an anonymous source) is analogous to a story published on the New York Times website or a blog that purports to rely on an unnamed source providing potentially classified information. The Government does not officially confirm or deny the accuracy of such publicly available articles or conduct a 'classification review' of them, and yet there is no basis to treat them as presumptively classified or employ specialized procedures to facilitate their submission by non-cleared counsel for the Court's in camera review. Indeed, similar documents are often submitted in Freedom of Information Act cases in an effort to defeat the Government's invocation of an exemption or a Glomar response, and courts routinely recognize a critical distinction between information publicly described by nongovernment or anonymous sources and official Government disclosures. See, e.g., ACLU v. U.S. Dep't of Defense, 628 F.3d 612, 621 22 (D.C. Cir. 2011)
[...]
[Footnote] 3 A contrast with the Government's position regarding the handling of certain Wikileaks documents by cleared counsel in the Guantanamo detainee habeas cases may be illuminating. The Government has acknowledged that purported detainee assessments were leaked to Wikileaks, but it has neither confirmed nor denied whether any particular report on Wikileaks is an authentic and official Government document. See Resps.' Response to Pet'r's Emergency Application for Immediate Access to All Publicly Available Wikileaks Documents Relevant to Pet'r's Case at 3-5, Dkt. #376, Paracha v. Obama, Civ. Action No. 04-2022 (June 15, 2011). Moreover, petitioners' counsel in those cases are authorized to have access to certain classified information concerning their clients and have signed non-disclosure agreements obligating them to take specific steps to protect potentially classified information. Under those circumstances, all purported detainee assessments appearing on Wikileaks must be treated by petitioners' counsel as 'potentially' classified documents, in light of counsel's non-disclosure obligations, the Government's acknowledgement that purported detainee assessments were leaked to Wikileaks, and the fact that cleared counsel's use or dissemination of such assessments could be viewed as confirmation of their authenticity or classification. Id. at 4-8. Here, in contrast, the email does not purport to be a Government document, the Government has not acknowledged that any classifiedinformation has been leaked in the private company's emails posted to Wikileaks, and plaintiffs' counsel has not been authorized to have access to classified information or signed a nondisclosure agreement. |
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Name(s:) |
Stuart Delery, Ronald Machen, Elizabeth Shapiro, Judson Littleton |
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Title: |
Acting Assistant Attorney General, United States Attorney, Deputy Branch Director, Trial Attorney |
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Agency(ies): |
Department of Justice, Civil Division, Federal Programs Branch |
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Concerning: |
Mobley versus CIA FOIA, Global Intelligence Files, Stratfor, GI Files |
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Url: |
Url Link
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Title: |
Re: Insight- Sharif Mobley |
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Author: |
Scott Stewart, Aaron Colvin, Fred Burton |
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Authoring or Creator Agency: |
Stratfor |
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Concerning: |
"Mobley versus CIA FOIA, Global Intelligence Files, GI Files, Stratfor |
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Archive Link |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
WikiLeaks Founder Turns to Ecuador for Asylum |
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Author: |
Ravi Somaiya |
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Title: |
Reporter |
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Authoring or Creator Agency: |
New York Times |
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Concerning: |
"Ecuadorian Asylum |
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Archive Link |
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Defendants also employ a false dichotomy between lawyers who already have security clearances and those who do not, which does not apply to the undersigned. If a lawyer with a security clearance published classified information from Wikileaks, he could lose his security clearance, because the U.S. Government considers classified information to remain classified even if it has been leaked. (See, e.g., Defs.' Obj. at 4 n.3 (discussing the situation faced by Guantanamo detainees' counsel).) Similarly, if the undersigned obtains and publishes classified information, he could be denied a security clearance when he applies for one in the future, because the same adjudicative guidelines apply to both scenarios. It is nonsensical to suggest that a security official will not consider anything an applicant for a clearance did before holding a clearance because he did not have a clearance at the time. |
| |
Name(s:) |
Kelly McClanahan |
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Concerning: |
Mobley versus CIA FOIA, Global Intelligence Files, Stratfor, GI Files |
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Url: |
Url Link
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Title: |
Re: Insight- Sharif Mobley |
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Author: |
Scott Stewart, Aaron Colvin, Fred Burton |
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Authoring or Creator Agency: |
Stratfor |
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Archive Link |
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Title: |
20120619-(AE 149) Order (Due Diligence - Witnesses - Government Motions in Limine) Redacted |
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Author: |
Denise Lind |
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Title: |
Chief Military Judge |
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Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
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Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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Archive Link |
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Title: |
WikiLeaks Publication Effective Declaration of Abandonment from Australian Government |
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Concerning: |
"WikiLeaks Publication |
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QUESTION: Any contact with Ecuador since Julian Assange's arrival at the Embassy in London requesting asylum and perhaps a request that he be extradited to the United States on the WikiLeaks (inaudible)?
MS. NULAND: No. No.
QUESTION: On that subject, does the Administration care where Julian Assange decides he wants to spend the night? Is this a subject that keeps people up in Washington? I don't ' is it something that you have any interest in at all?
MS. NULAND: This is a UK-Ecuador-Sweden issue.
QUESTION: Well, people who ' his people around him seem to think that the U.S. is some puppeteer here that's controlling all the strings. And I just ' I mean, does anyone give a second thought about Julian Assange? And maybe you can't answer that for anyone ' but I mean, are you aware of anyone who gives a fig where Julian Assange is?
MS. NULAND: To my knowledge, we are not involved in any of these discussions.
QUESTION: Yeah, but do you care? Does anyone --
MS. NULAND: Again, you're asking me to speak for the great mass of America.
QUESTION: Well, I mean ' but in terms of ' no, in terms of the ' in terms of this building.
MS. NULAND: We want to see justice served. Let's leave it at that.
QUESTION: Yeah. But that would be justice ' Swedish justice.
MS. NULAND: We are obviously not involved in the process, as far as I know. |
| |
Name(s:) |
Victoria Nuland |
| |
Title: |
Spokesperson |
| |
Agency(ies): |
Department of State |
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Concerning: |
Sweden versus Assange |
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Url: |
Url Link
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Archive: |
Archive Link
http://archive.is/dSddn |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
|
Author: |
Ivan Davis |
|
Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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|
Author: |
David Coombs |
|
Title: |
civilian defense counsel |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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Title: |
WikiLeaks Publication Wikileaks has launched a case against Valitor hf. (formerly VISA Iceland) |
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Concerning: |
"WikiLeaks Publication |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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|
|
Author: |
David Coombs |
|
Title: |
civilian defense counsel |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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|
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Author: |
David Coombs |
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Title: |
civilian defense counsel |
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Concerning: |
"United States v. Pfc. Bradley Manning |
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Archive Link |
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Title: |
20120622-(AE 146) Ruling (Compel Discovery - WTF) Redacted |
|
Author: |
Denise Lind |
|
Title: |
Chief Military Judge |
|
Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
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Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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Archive Link |
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Title: |
20120622-(AE 147) Ruling (Compel Discovery - WTF) Redacted |
|
Author: |
Denise Lind |
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Title: |
Chief Military Judge |
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Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
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Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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Archive Link |
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Title: |
20120622-(AE 273) Ruling (Motion to Compel Discovery 2) Redacted |
|
Author: |
Denise Lind |
|
Title: |
Chief Military Judge |
|
Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
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Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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Archive Link |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
|
Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Ivan Davis |
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Title: |
United States Magistrate Judge |
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Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
|
Author: |
Ivan Davis |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
|
Author: |
Ivan Davis |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
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Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Transcript of US v Pfc. Bradley Manning, Article 39(a) Motion Hearing, 06/25/12 |
|
Author: |
Alexa O'Brien |
|
Title: |
Journalist |
|
Concerning: |
"United States v. Pfc. Bradley Manning |
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|
Archive Link |
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Title: |
20120625-(AE 176) Ruling (Clarification of Discovery Order) Redacted |
|
Author: |
Denise Lind |
|
Title: |
Chief Military Judge |
|
Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
|
Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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|
Archive Link |
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|
|
Title: |
20120625-(AE 177) Ruling (Due Diligence Accounting) Redacted |
|
Author: |
Denise Lind |
|
Title: |
Chief Military Judge |
|
Authoring or Creator Agency: |
First Judicial Circuit, United States Army, Department of Defense |
|
Concerning: |
"United States v. Pfc. Bradley Manning, Court Order or Ruling |
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|
Archive Link |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
|
Author: |
Theresa Buchanan, Thomas Rawles Jones |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
|
Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
|
Author: |
Theresa Buchanan, Thomas Rawles Jones |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
|
Concerning: |
"2703(d) Orders Under Seal in EDVA |
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|
Title: |
Criminal Prohibitions on the Publication of Classified Defense Information |
|
Author: |
Jennifer Elsea |
|
Title: |
Legislative Attorney |
|
Authoring or Creator Agency: |
Congressional Research Service, CRS |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Theresa Buchanan, Thomas Rawles Jones |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
|
Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
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Author: |
Theresa Buchanan, Thomas Rawles Jones |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
|
Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
WikiLeaks Publication Press Release ' WikiLeaks: Beat the Blockade CD |
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Concerning: |
"WikiLeaks Publication |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
|
Author: |
Theresa Buchanan, Thomas Rawles Jones |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
|
Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
|
Author: |
Theresa Buchanan, Thomas Rawles Jones |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
|
Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
|
Author: |
Theresa Buchanan, Thomas Rawles Jones |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
|
Concerning: |
"2703(d) Orders Under Seal in EDVA |
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Title: |
Case Assignment History Report US District Court Eastern District of Virginia Report Date 4/11/13 |
|
Author: |
Theresa Buchanan, Thomas Rawles Jones |
|
Title: |
United States Magistrate Judge |
|
Authoring or Creator Agency: |
United States District Court for the Eastern District of Virginia |
|
Concerning: |
"2703(d) Orders Under Seal in EDVA |
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|
|
Title: |
WikiLeaks Publication Press Statement: By Julian Assange Defense Fund Outside the Ecuadorian Embassy |
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Concerning: |
"WikiLeaks Publication |
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|
Title: |
Does the US have a case against Julian Assange? |
|
Author: |
Dan De Luce |
|
Title: |
Reporter |
|
Authoring or Creator Agency: |
AFP |
|
Concerning: |
"Grand Jury |
|
|
|
Archive Link |
|
