Julian Assange of Wikileaks May Soon Face Charges: How Did It Get Here and What Are the Implications?

Since August of 2012, Wikileaks founder Julian Assange has not left the Ecuadorian Embassy in London due to the potential of being arrested and tried for a number of alleged crimes. Claims by WikiLeaks indicates his stay in the embassy may be coming to a close, which could mean extradition to face charges in the United States. The issue becomes: Should Assange be treated as a spy or a journalist for publishing government documents provided to him and his organization. I think if Assange and WikiLeaks only publish information they are provided, then we should all consider the implications of pursuing charges here. Regardless of the one's personal feelings about the man or his organization, the ability to report on information provided to them is paramount and must be protected. If there are any charges, it should be directed at those who illegally obtained the documents, not the ones who reported on them.

Assange originally came to the embassy in order to avoid an extradition order authorized by a UK court to face charges of rape and molestation in Sweden. He also feared that extradition to Sweden would serve as a stepping stone for him having to ultimately face non-specific charges in the United States for publicizing secret US government documents. These U.S. charges were inadvertently leaked through filings made in an unrelated court case. Though the case in Sweden has been dropped, the warrant and fear of extradition to the US remains.

In a tweet made by WikiLeaks on Thursday, the organization claimed "BREAKING: A high level source within the Ecuadorian state has told @WikiLeaks that Julian Assange will be expelled within "hours to days" using the #INAPapers offshore scandal as a pretext--and that it already has an agreement with the UK for his arrest."

The INA papers are a collection of documents which implicates Ecuadorian President Lenin Moreno, among others, in a corruption scandal. Ecuadorian officials suspect Assange as the culprit for the release with President Moreno accusing WikiLeaks of intercepting "phone calls and private conversations" as well as "photos of my bedroom, what I eat, and how my wife and daughters and friends dance."

During a radio interview, President Moreno stated, "It is not that he cannot speak freely, it is not that he cannot express himself freely, but he cannot lie, let alone hack into accounts or intercept private telephone calls."

A spokesperson for the Ecuadorian Foreign Ministry told CNN International that it "does not respond to rumor or hypothesis" when asked about the allegation made by WikiLeaks in their tweet. CNN International was told by Assange's Ecuadorian Lawyer, Carlos Poveda, regarding the tweet, that "It could happen, the Ecuadorian government could apply the protocol to terminate his asylum. But this would be in coordination with the United Kingdom so his exit could be shown as a war's trophy."

In an Associated Press update, UK officials appear to be providing contradictory statements. On the one hand, the British Foreign Secretary Jeremy Hunt said Assange is a "free man" and can leave the embassy whenever he chooses. On the other hand, armed police are stationed in front of the embassy and the London Metropolitan Police said there is an active warrant out for Assange and the police are " “obliged to execute that warrant should he leave the Embassy.”

At this point, we can only wait to see what happens with Assange's current situation in the Ecuadorian Embassy in London. The signs seem certain that something might soon happen that could result in the arrest and extradition of Assange to the United States. While many might disagree, I believe that Assange/WikiLeaks have a right to publish documents that they receive and those governments only have a right to investigate leaks and charge those who are responsible for leaking. Ultimately, the freedom to publish government documents that have been leaked acts as a check on governments and is a power we should be cautious to give up.