WASHINGTON - Investigative documents in the WikiLeaks probe spilled out into the public domain Saturday for the first time, pointing to the Obama administration's determination to assemble a criminal case no matter how long it takes and how far afield authorities have to go.
Backed by a magistrate judge's court order from Dec. 14, the newly disclosed documents sent to Twitter Inc. by the U.S. Attorney's Office in Alexandria, Va., demand details about the accounts of WikiLeaks founder Julian Assange and Pfc. Bradley Manning, the Army intelligence analyst who's in custody and suspected of supplying WikiLeaks with classified information.
The others whose Twitter accounts are targeted in the prosecutors' demand are Birgitta Jonsdottir, an Icelandic parliamentarian and one-time WikiLeaks collaborator; Dutch hacker Rop Gonggrijp; and U.S. programmer Jacob Appelbaum. Gonggrijp and Appelbaum have worked with WikiLeaks in the past.
Justice Department spokesman Matt Miller declined comment on the disclosure in the case, which intensified following WikiLeaks' latest round of revelations with the posting of classified State Department diplomatic cables. The next day, Nov. 29, Attorney General Eric Holder vowed that anyone found to have violated U.S. law in the leaks would be prosecuted.
Assange said the U.S. move amounted to harassment, and he pledged to fight it.
"If the Iranian government was to attempt to coercively obtain this information from journalists and activists of foreign nations, human-rights groups around the world would speak out," he told the Associated Press in an e-mail.
Legal experts have said one possible avenue for federal prosecutors would be to establish a conspiracy to steal classified information.
"They are trying to show that Manning was more than a source of the information to a reporter and rather that Assange and Manning were trying to jointly steal information from the U.S. government," said Mark Rasch, a former prosecutor on computer crime and espionage cases in the Justice Department.
The problem is distinguishing between WikiLeaks as a news organization and those who republished the same classified information, like the New York Times, said Rasch, director of cybersecurity and privacy consulting at CSC, a Falls Church, Va., technology company.
"How do they prosecute?" Rasch asked.
"The answer is by establishing a unity of interest between Manning and Assange. Make it a theft case and not just a journalist publishing information case."
The demand by prosecutors sought information dating to Nov. 1, 2009, several months before an earlier WikiLeaks release.
Manning is in a maximum-security military brig at Quantico, Va., charged with leaking video of a 2007 U.S. Apache helicopter attack in Baghdad that killed a Reuters news photographer and his driver. WikiLeaks posted the video on its website in April last year.
Three months later, WikiLeaks posted about 90,000 leaked U.S. military records on the war in Afghanistan, including unreported incidents of Afghan civilian killings as well as covert operations against Taliban figures.
Assange's lawyer, Mark Stephens, said targeting Twitter showed how desperate U.S. officials were to pin a crime on the WikiLeaks founder.
Stephens told the BBC it was an attempt to "shake the electronic tree in the hope some kind of criminal charge drops out the bottom of it."
Jonsdottir said in a Twitter message that she had "no intention to hand my information over willingly."
Appelbaum, whose Twitter feed suggested he was traveling in Iceland, said he was apprehensive about returning to the U.S.
"Time to try to enjoy the last of my vacation, I suppose," he tweeted.
Gonggrijp praised Twitter for notifying him.
"It appears that Twitter, as a matter of policy, does the right thing in wanting to inform their users when one of these comes in," Gonggrijp said.
"Heaven knows how many places have received similar subpoenas and just quietly submitted all they had on me."
by Raphael G. Satter and Pete Yost Associated Press Jan. 9, 2011 12:00 AM
Documents show efforts to build WikiLeaks case
