posted on Dec, 10 2010 @ 04:33 PM
Ex post facto laws applied to criminal prosecutions are unconstitutional in the United States. They can't make a law against a journalist publishing
leaked documents, then go after Mr. Assange or WikiLeaks for something done prior to the existence of that law. I very much doubt that such a law
could be enacted, even now, anyway. The espionage act doesn't apply to journalists. Mr. Assange is not, so far as has been shown, the agent of a
foreign power. The Sine qua non standard might apply to a criminal conspiracy to steal government documents, but not to behavior that is not
prohibited by law. Case law shows that publishing leaked documents is not, in itself, considered a crime. Ross