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.

Tweet about this on Twitter0Share on Reddit0Share on Facebook0Google+0Email to someone

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

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
Emptywheel Twitterverse
emptywheel Psychology (this time NOT peer reviewed) does work of oppression again, this time on cop shootings. http://t.co/buC95AiAzq
2mreplyretweetfavorite
emptywheel Solving this is easy. Just declare Ice Cream Month. https://t.co/o71v4Q34rm
7mreplyretweetfavorite
emptywheel @TeresaKopec Just as related example: Under Hillary State had no IG. Terrible problem. Deserves discussion.
12mreplyretweetfavorite
emptywheel @TeresaKopec What Hillary did has real accountability problems. That needs to be fair to talk about. So does State's practices under her.
14mreplyretweetfavorite
emptywheel @TeresaKopec OK. So maybe your arg should be "Front page journos=Hillary hate but I haven't read all coverage."
15mreplyretweetfavorite
emptywheel @TeresaKopec Again, you can argue SOME reporters are engaging in Hillary hating. But some are not. Ignoring reasons why is letting her off.
17mreplyretweetfavorite
emptywheel @TeresaKopec Josh Gerstein. Most Hill reporters. These people have spent years fighting State. Hillary doesn't now get a free pass.
17mreplyretweetfavorite
emptywheel @TeresaKopec NYT is ONE example of Hillary hatred. But there are many many many journos who are writing fr having had to do business w/State
20mreplyretweetfavorite
emptywheel @TeresaKopec I think it's way overclassified, but it is very serious issue that less powerful people go to prison for bringing home less.
22mreplyretweetfavorite
emptywheel @TeresaKopec Because that is what it would be if journos tried to get it via normal oversight.
22mreplyretweetfavorite
emptywheel @TeresaKopec Some of this is legitimately Hillary hate, some of it is deserved response for State's practices under Hillary.
23mreplyretweetfavorite
emptywheel @TeresaKopec Again, I just pointed out to your that Hilary's OWN State dept insisted such things were highly classified.
24mreplyretweetfavorite
April 2014
S M T W T F S
« Mar   May »
 12345
6789101112
13141516171819
20212223242526
27282930