When Julian Assange, the WikiLeaks founder, was charged last year by the Trump administration in connection with the publication of secret United States government documents nearly a decade earlier, many journalists expressed deep concern about the dangerous precedent the case could set for investigative reporting in America.
But few seemed to consider that the case might also serve as a model for other nations eager to clamp down on press freedom.
On Tuesday, Glenn Greenwald, an American journalist living and working in Brazil, was charged, in a criminal complaint brought by Brazilian prosecutors, with cybercrimes in connection with his stories on private messages among Brazilian officials that revealed corruption and abuses at the highest levels of the government. Brazilian prosecutors asserted that Mr. Greenwald was part of a criminal organization that hacked the cellphones of government officials. He has denied the charges. (Full disclosure: Mr. Greenwald is a co-founder of The Intercept, where I work as a reporter; I also run the First Look Press Freedom Defense Fund, part of the nonprofit organization that includes The Intercept.)
The case against Mr. Greenwald is eerily similar to the Trump administrations case against Mr. Assange. Last April, the Justice Department charged Mr. Assange with aiding a source, the former Army intelligence analyst Chelsea Manning, to gain access to a United States military computer database. In May 2019, the charges against him were broadened, and he was indicted under the Espionage Act in connection with the publication of American military and diplomatic documents by WikiLeaks.
Both cases are based in part on a new prosecutorial concept that journalism can be proved to be a crime through a focus on interactions between reporters and their sources. Prosecutors are now scrutinizing the processes by which sources obtain classified or private information and then provide it to journalists. Since those interactions today are largely electronic, prosecutors are seeking to criminalize journalism by turning to anti-hacking laws to implicate reporters in the purported criminal activity of their sources in gaining access to data on computers or cellphones without authorization.
This blunt approach gives the government enormous leverage over journalists and, in the United States, provides them with a detour around First Amendment concerns. If these cases become templates that prosecutors in the United States and other nations follow, virtually every investigative reporter will become vulnerable to criminal charges and imprisonment.
Both the Trump administration and the right-wing Brazilian government of President Jair Bolsonaro seem to have decided to experiment with such draconian anti-press tactics by trying them out first on aggressive and disagreeable figures.
In fact, by the time of his indictment last year, there was still an ongoing debate within the media about whether Mr. Assange should even be considered a journalist at all.
In 2010, when WikiLeaks began publishing the huge leaks of United States government documents it had obtained from Ms. Manning, Mr. Assange suddenly emerged as a strange new player in the modern journalistic landscape. Under his leadership, WikiLeaks both published the documents itself and also shared many of the leaked documents with other major news organizations, including The New York Times.
Mr. Assange was both a publisher and an intermediary between sources and reporters, which made it difficult to define his journalistic role. His later involvement in the Trump-Russia case in 2016, WikiLeaks obtained and released emails and other documents from the Clinton presidential campaign and the Democratic National Committee from a hacker believed to be a front for Russian intelligence transformed Mr. Assange into an even more incendiary character with little public support. (The federal charges against Mr. Assange are not related to his involvement in the 2016 campaign.)
Mr. Greenwald revels in his divisiveness and his disdain for the mainstream media, and he and I have publicly clashed over our differing views of the Trump-Russia case. But he is also a zealous journalist who came to prominence in 2013 for his Pulitzer Prize-winning coverage of a giant trove of documents from the National Security Agency that were leaked by the former N.S.A. contractor Edward Snowden.
Last year, Mr. Greenwald obtained another big leak, the private messages of Brazilian government officials concerning a major corruption case in Brazil that had led to the conviction of the former Brazilian president Luiz Incio Lula da Silva.
Mr. Greenwalds reporting revealed that the investigation that led to Mr. da Silvas conviction was deeply politicized and corrupt. The stories were explosive in Brazil, and ultimately helped lead to Mr. da Silvas release from prison in November.
But Mr. Greenwalds reporting enraged President Bolsonaro, who had been leveling threats against the journalist for months before the complaint issued on Tuesday.
In an interview with me on Thursday, Mr. Greenwald agreed that there are parallels between his case and Mr. Assanges, and added that he doesnt believe that Mr. Bolsonaro would have taken action against an American journalist if he had thought President Trump would oppose it.
Bolsonaro worships Trump, and the Bolsonaro government is taking the signal from Trump that this kind of behavior is acceptable, he said.
The State Department has not issued any statement of concern about Brazils case against Mr. Greenwald, which in past administrations would have been common practice.
This is all about targeting reporters who are publishing information that is embarrassing, and not like the 90 percent of the leaks coming out of Washington that are official leaks designed to support the people in power, said Joshua Dratel, a criminal defense attorney in New York who has represented prominent whistle blowers and who also represented WikiLeaks in a civil suit brought against it by the Democratic National Committee.
In fact, Mr. Trumps anti-press rhetoric and actions have encouraged authoritarian regimes around the world to prosecute and jail journalists, and to impose new anti-press laws and other measures designed to curtail negative coverage.
Joel Simon, the executive director of the Committee to Protect Journalists, said in an interview that one of the latest tactics spreading around the globe is the creation of vaguely worded fake news laws that criminalize news that government officials deem to be wrong. Fake news is, of course, a phrase that Mr. Trump has helped popularize.
Qatar just promulgated a fake news law this week, Mr. Simon said, noting that Singapore also has one. These fake news laws are absolutely correlated with the Trump administration.
The most tragic evidence that Mr. Trump is enabling a global crackdown on the press has been his failure to hold Saudi Arabias leader, Crown Prince Mohammed bin Salman, accountable for the brutal 2018 murder of the Washington Post journalist Jamal Khashoggi. The Trump administration is an accessory after the fact to the Khashoggi murder, Mr. Simon said.
While the Bush and Obama administrations were inconsistent on press issues, they were still willing to discuss concerns about press freedom with another country in the framework of the bilateral relationship, he added. Thats gone now with Trump.
It will be tragic if journalists shrug off the attack on the contrarian Mr. Greenwald and dont see his case for what it truly signifies that Trump-like attacks on the press are spreading like a virus around the globe.
James Risen is the senior national security correspondent for The Intercept. As a reporter for The New York Times, he and another former Times reporter, Eric Lichtblau, received the 2006 Pulitzer Prize for national reporting on secret domestic eavesdropping by the federal government.
The Times is committed to publishing a diversity of letters to the editor. Wed like to hear what you think about this or any of our articles. Here are some tips. And heres our email: letters@nytimes.com.
Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram.
Read more:
Reporters Face New Threats From the Governments They Cover - The New York Times
- College sued for stopping students from handing out Constitution [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Federal Judge Strikes Down New Yorks Super PAC Limits [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- U.S. Constitution - Amendment 1 - The U.S. Constitution ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 1st Amendment - Laws [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- HOPE 9 - WikiLeaks, Whistleblowers, and the War on the First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- California Waste Plant Minions Suppress First Amendment Infowars Special Report - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Supreme Court Preview/Review #2 - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Liking on Facebook Protected Under First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Political Correctness vs First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- BLM, Fed's Assault More Protesters As 'First Amendment Area' Taken Down - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Cannibal Cop: First Amendment Violated? - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- FIrst Amendment Under Attack - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- China toughens environment law to target polluters [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- [USA] First Amendment abused - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Cliven Bundy and the First Amendment - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- ALEX JONES.11/22/2013..First Amendment Showdown in Dealey Plaza - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PBL in Journalism I, 2014 - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Opinion: Sterling a victim, too [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Obama Supporters Petition to Repeal the FIRST AMENDMENT Seriously! Watch!(Mark Dice) - Video [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- What happened to Sterling was morally wrong [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Donald Sterling is my HERO - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- INFOWARS Nightly News: with Lee Ann McAdoo Friday April 11 2014: Alex Jones/Special Report - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Similarities Between The Two Clauses In The First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- First Amendment common sense [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- California Mayors Stand Behind Anti First Amendment Freedom of Speech Approval - Video [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- John Dukes on First Amendment - Video [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Endangered Speeches - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- first amendment rights - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- News outlets say US drone ban breaches First Amendment [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Screw the First Amendment | We cant let people pray? - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- John Paul Stevens: "Money is not speech" - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- ALEX JONES Show Shocking Video: Cop Protects 1st AMENDMENT During TSA Opt Out Campaign - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Christopher Hitchens vs Tony Blair Debate - Religion A Force For Good In The World - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Feds Plan To Ban Ammunition - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- WHAT FIRST AMENDMENT - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Letter: First Amendment rights trampled [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- A First Amendment attack on Assembly... in George Washington [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2010 First Amendment Award: The Foundation for Individual Rights in Education (FIRE) - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]