DOJ Continues Its “Multi-Subject” Investigation of WikiLeaks

As I noted some weeks ago, the judge in EPIC’s FOIA for materials on the investigation into supporters of WikiLeaks asked for an update. The government provided that update last night.

It said it still must withhold all documents responsive to EPIC’s FOIA because two investigations pertaining to WikiLeaks are ongoing: Chelsea Manning’s appeal, and the investigation into WikiLeaks proper.

There are at least two separate categories of “enforcement proceedings” relevant to defendants’ Exemption 7(A) analysis, and those two separate categories of law enforcement proceedings are progressing on different tracks. One set consists of those enforcement proceedings directly related to the military prosecution of Army Pfc. Manning, which falls within the jurisdiction of the Department of Defense (“DoD”). Since this case was originally briefed, Manning was tried and convicted by a military court, as noted above. The court-martial remains ongoing, in the appellate phase.

The second type of enforcement proceeding, generally, is the DOJ’s civilian criminal/national security investigation(s) into the unauthorized disclosure of classified information that was published on the WikiLeaks website. The investigation of the unauthorized disclosure is a multi-subject investigation and is still active and ongoing. While there have been developments in the investigation over the last year, the investigation generally remains at the investigative stage. It is this second category of enforcement proceeding that is actually more central to defendants’ Exemption 7(A) withholdings in this case.

Note, DOJ says the investigation is “multi-subject.” Further, it describes it as an “civilian criminal/national security” investigation. It’s worth noting that the sealed declaration providing more detail on the investigation comes from Mark Bradley, in DOJ’s National Security Division, not from FBI. (I take my observation that the sealed declaration is from Bradley back: the motion is inconsistent on whom the sealed declaration is from. While the table on page 4 lists Bradley, it says the declaration is from FBI. The reference to a fourth declaration from David Hardy on page 9 suggests the declaration is from him.)

I’ll have a bit more to say about this later.

Update: One more observation: the description says there are “at least two” separate categories, suggesting there may be still another investigative matter.

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9 Responses to DOJ Continues Its “Multi-Subject” Investigation of WikiLeaks

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JimWhiteGNV @Pedinska Indeed. Then it turns into what we call UFC grooming.
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bmaz Just saw my first @RubenGallego commercial on TV, was at 6:51pm on @CNN Good to see, need more. Go Ruben!
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bmaz It is really brave of High Holy Civil Rights Constitutional Law Scholar+Humanitarian Obama to "condemn" the Palestinians in face of genocide
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JimWhiteGNV This grooming session looks peaceful for now, but is likely to escalate to violence. http://t.co/gdcySOJOkN
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emptywheel Apparently Director of "Intelligence" Clapper doesn't remember that just 5 years ago govt declassified more than 480 pages of torture docs.
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emptywheel RT @ChadPergram: DNI Clapper: The redactions were the result of an extensive & unprecedented interagency process..to protect sensitive clas…
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emptywheel @Casual_Obs Most of what @onekade is riffing on is in this post. http://t.co/HBWMUN6eR9 I was riffing too.
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emptywheel @Casual_Obs No, I used that. It's the mid-point of estimates, but as @onekade notes, some estimates are 3X that.
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emptywheel @jilliancyork You had me worried! @EFF
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emptywheel @Kittfornow Well, sure. But faking accountability while protecting the powerful comes naturally to Bayh. Like breathing. @onekade
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emptywheel @NickBaumann I think Obama learned his lesson on admitting involvement in Yemeni legal actions w/Abdulelah Haider Shaye. @adammbaron
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emptywheel RT @NickBaumann: Wonder if US lying about knowing of @adammbaron's deportation like it lied about knowing of Mobley's detention: http://t.c…
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