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Are we reading the same document? It clearly states Assange “knowingly and unlawfully conspired with Chelsea Manning to commit the following offenses against the United States…”

The case isn’t about Assange simply receiving classified material from Manning.




>“knowingly and unlawfully conspired with Chelsea Manning to commit the following offenses against the United States…”.

Why are you quoting that part rather than any of the actual offenses? He undoubtedly conspired with Manning to receive classified documents for the purpose of publishing them, which is what the plea details.

Part (a) even says he "received or obtained" classified documents from a person knowing that they were illegally obtained. It doesn't say he helped with the illegal obtaining.


The actual offensive says he knew the documents had been and “would be” obtained illegally. The key phrase is “would be”. Once he knew documents would in the future be taken illegally and agreed to receive them and publish them it entered the realm of an illegal conspiracy to obtain classified material.

This differs from for example The Pentagon Papers where the material was delivered to reporters after already having been taken. They had no foreknowledge that they would be taken.


The original indictment goes much further than that! They didn't have him on a technicality; they had him as effectively the orchestrator of the conspiracy. Who knows if that would have held up in court; I think the case wasn't all that strong on anything more than a minor role for Assange.


It doesn't list any of the overt acts, because it's a plea agreement, and the defense stipulates to the conspiracy; there's nothing to prove, except that the prosecution and defense agree.


Then why does it list violations of 793 c, d, and e? Those are clearly "overt acts."


No. Overt acts are not themselves criminal charges; they're evidentiary requirements for a conspiracy charge. Individual overt acts don't even have to be backed by statutes; an "overt act" in a conspiracy might not itself be a criminal violation at all. I think you're trying to work back from some faulty first principles here.

What you should do here is compare the plea stipulation to the superseding indictment, and note that the "overt acts" of the conspiracy charge refer back to the "general allegations" section. Or: you could go track down any other conspiracy indictment (Ulbricht's is a fun one) and see examples of "overt acts" listed explicitly.




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