This edition's radio moment of the week comes from last week's Law and Disorder Radio -- a weekly hour long program that airs Monday mornings at 9:00 a.m. EST on WBAI and around the country throughout the week, hosted by attorneys Heidi Boghosian, Michael S. Smith and Michael Ratner (Center for Constitutional Rights). Here they are discussing the possible secret indictment against Julian Assange of WikiLeaks. Excerpt.
Michael Ratner: But what brings us really and brings me particularly to focus on these documents is the Center for Constitutional Rights and myself are advisors to Julian Assanfe and WikiLeaks, legal advisors. And we've been particular advisors about the Bradley Manning trial [. . .] So in these documents, these Stratfor documents, there's one document from Fred Burton who is the vice president, former US official, a counter-terrorism official, that says, "We have a sealed indictment on Julian Assange. Keep this private." He did this in January 2011, just over a year ago. And, of course, WikiLeaks is analyzing documents and sees this document and says, "What's this? Is this true? Is this valid?" And, of course, until we see it and know it, we don't know that it's 100% valid, but what Fred Burton has done in the past has been very reliable. And he's very well connected. So, for example, in another e-mail he says, within 10 days after the raid that killed Osama bin Laden, he said, "I can get the documents that were seized in that house from Osama bin laden." So these guys have very close connections with US intelligence. Other parts of these documents, in addition to this claim that there's an indictment, where they talk about Julian Assange, they talk about Julian Assange as a high tech terrorist, that's what Fred Burton says, and that we have to bring him down the way that we bring down al Qaeda.
Heidi Boghosian: No.
Michael Ratner: That's what they say.
Heidi Boghosian: No.
Michael Ratner: And the way we're going to do it, we're going to jail him wherever we can, we're going to cut off all his finances and, of course, that's exactly what happened. They cut off Master Card contributions to WikiLeaks, they cut off Visa donations to WikiLeaks, they cut off pay pal to WikiLeaks, and they're obviously going after them any way they can. So there's a lot of accuracy in this. But, lookit, from my point of view, the fact that there might be, or it looks like there is, a sealed indictment against Julian Assange is just incredible to me. I mean, first of all, it would be, I think it's the first time in US history that a US journalist has actually been indicted for publishing classified documents that he himself didn't have access to as a classified person. SO that's the first thing. The second thing that's amazing, the secrecy. If he's been indicted, it's by a secret grand jury sitting in Alexandria [Virginia], it's a secret indictment and it's secret to me, one of his --
Heidi Boghosian: Attorneys, legal advisors.
Michael Ratner: -- legal counsel, legal advisors, right. It's secret to Julian Assange, it's secret to WikiLeaks, but it's apparently not secret to a private security company that's like a back door for the US spy agencies.
Heidi Boghosian: Michael, how often are secret indictments brought and under what circumstance?
Michael Ratner: The normal case of a secret indictment is when a person is not in custody and they're afraid, if a person gets news of a secret indictment, they'll flee. Now, of course, Julian Assange is in custody. I mean, he sort of is in custody. He has a [monitoring] bracelet on, he's under court --
Heidi Boghosian: He's under house arrest.
Michael Ratner: He's under house arrest essentially in the UK -- not house arrest exactly, but he has to go back to his house every day at six o'clock [p.m.], he could meet people for lunch or something --
Heidi Boghosian: He's under supervision.
Michael Ratner: And he has a bracelet that he can't get off. So the normal case would be when a person -- not really Julian Assange -- but when a person doesn't really know about it and then they do it in the sealed way so the person doesn't flee. Now I think in this case, it may be --
Heidi Boghosian: I was going to say, could this be because he's enjoyed such broad support, especially in the online communities? That the government, with their private arm, is afraid that there would be such a tremendous outcry and more support? And perhaps more 'hacktivism,' as they say?
Michael Ratner: There's certainly going to be hacktivism as a result of this. I actually think the explanation may be differnent. Two things. One, let's hope it's not really an indictment and that the government isn't so crazy, Obama isn't so crazy -- and Holder, aren't so crazy to make their legacy to be the execution of a person I consider to have exposed -- along with Bradley Manning if it's true that he was the source --
Heidi Boghosian: Murder.
Michael Ratner: Murder. Serious War Crimes. Thousands of deaths in Iraq. The Collateral Murder video of the Reuters people being killed. So these people have done an amazing, an amazing piece of work. And the idea --
Heidi Boghosian: A public service.
Michael Ratner: A public service. And the idea, of course -- I mean this is what happens to whistle blowers. They first get -- You know the government in power or charge, Obama and Holder, go after them --
Heidi Boghsian: Retaliation.
Michael Ratner: Right. And eventually they're seen as what they really are, which are people who have played the crucial role in trying to change society in a positive direction.
