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The DOJ's 'New York Times problem' with Assange

WikiLeaks founder Julian Assange will likely not face charges in the United States for publishing classified documents, because the Justice Department would not be able to do so without also prosecuting media organizations who do the same, The Washington Post reports.

Calling it a "New York Times problem," Justice officials told the Post that if they indicted Assange, they'd also have to prosecute the Times, The Washington Post, and The Guardian for publishing classified leaked material from people like Chelsea Manning and Edward Snowden. A formal decision has yet to be issued.

“The problem the department has always had in investigating Julian Assange is there is no way to prosecute him for publishing information without the same theory being applied to journalists,” said former Justice Department spokesman Matthew Miller told the Post. “And if you are not going to prosecute journalists for publishing classified information, which the department is not, then there is no way to prosecute Assange.”

(Earlier on POLITICO: Shield law broadens definition of journalist)

Justice officials told the Post that the same distinction between leaker and journalist or publisher is being made between Manning or Snowden and Assange. Unless they can find evidence Assange did something like hack into government computers, he's being treated the same as a publisher. Manning and Snowden have been charged with violations of the Espionage Act.

But during Manning's 2011 trial, online chat logs found on Manning’s personal computer show she sought advice about cracking passwords from a chat user listed as “Nathaniel Frank,” whom prosecutors said they linked to an e-mail address used by Assange, our colleague Josh Gerstein reported.

The user alleged to be Assange replied that he had access to “rainbow tables,” a type of data set that can be used to convert an encrypted password into plain text. However since then, no other evidence emerged publicly of Assange, or someone who prosecutors said was Assange, asking Manning for records or to crack passwords to get access to records.

On Twitter, WikiLeaks said they are "skeptical" about the Post report.

"A smoke screen or is the US DoJ finally realizing that it has no case against (Assange)?" WikiLeaks tweeted.