>>> CAN YOU HELP ME UNDERSTAND WHY JULIAN ASSANGE HAS NOT BEEN
CHARGED WITH A CRIME? >> I DON'T WANT TO COMMENT ON
THE PARTICULAR CASE BECAUSE I DON'T WANT TO CONFIRM WHETHER OR
NOT THERE ARE CHARGES PENDING. >> FBI DIRECTOR JAMES COMEY
SPEAKING TODAY ABOUT THE FOUNDER OF WIKILEAKS WHICH OF COURSE IS
THE ORGANIZATION THAT RELEASED MATERIAL DAMAGING TO SECRETARY
CLINTON DURING THE 2016 CAMPAIGN.
IT WAS A GRIPPING PART OF THE HEARING WHEN DIRECTOR COMEY GAVE
HIS VIEW OF WIKILEAKS NATIONAL SECURITY AND JOURNALISM.
>> TO MY MIND, IT CROSSES A LINE WHEN IT MOVES FROM BEING ABOUT
TRYING TO EDUCATE A PUBLIC AND INSTEAD JUST BECOMES ABOUT
INTELLIGENCE PORN FRANKLY, JUST PUSHING OUT INFORMATION ABOUT
SOURCES AND METHODS WITHOUT REGARD TO INTEREST, WITHOUT
REGARD TO THE FIRST AMENDMENT VALUES THAT NORMALLY UNDERLIE
PRESS REPORTING AND SIMPLY BECOMES A CONDUIT FOR THE
RUSSIAN INTELLIGENCE SERVICES OR SOME OTHER ADVERSARY OF THE
UNITED STATES. SURELY THERE'S CONDUCT THAT'S SO
FAR TO THE SIDE OF THAT LINE THAT WE CAN ALL AGREE THERE IS
NOTHING THAT EVEN SMELLS JOURNALIST ABOUT SOME OF THIS
CONDUCT. A HUGE PORTION OF WIKILEAKS'S
ACTIVITIES HAS NOTHING TO DO WITH LEGITIMATE NEWS GATHERING,
INFORMING THE PUBLIC, COMMENTING ON IMPORTANT PUBLIC
CONTROVERSIES, BUT IS SIMPLY ABOUT RELEASING CLASSIFIED
INFORMATION TO DAMAGE THE UNITED STATES OF AMERICA.
>> WITH ME GLENN GREENWALD, CO-FOUNDING EDITOR AT THE
INTERCEPT. GLENN, I GOT TO THINKING ABOUT
WHAT COMEY SAID. ONE OF THE THINGS HE ALSO SAID
WAS THAT IF A JOURNALIST GETS INFORMATION OF A GOVERNMENT
EMPLOYEE THAT'S LEAKED, THAT THE JOURNALIST WOULD NOT BE CHARGED,
THAT THE ONE WHO COMMITTED THE CRIME IS THE LEAKER.
SO, THEN I THOUGHT, IS ASSANGE, IS HE A JOURNALIST?
IN WHICH CASE HIS RECEIPT OF INFORMATION IS NOT THE PROBLEM,
HE'S NOT THE ACTUAL ONE WHO WENT IN AND GOT THE MATERIALS.
SO, TELL ME YOUR THOUGHTS ON THIS.
>> SO, THE OBAMA ADMINISTRATION LOOKED AT THIS QUESTION VERY
DEEPLY BACK IN 2010, 2011 WHEN WIKILEAKS WAS RELEASING THIS
INFORMATION ABOUT THE STATE DEPARTMENT AND MILITARY CABLES.
AND WHAT THEY CONCLUDED WAS THAT THERE IS NO WAY TO PROSECUTE
WIKILEAKS. THE OBAMA JUSTICE DEPARTMENT,
WITHOUT ALSO PROSECUTING "THE NEW YORK TIMES" AND THE GUARDIAN
AND A WHOLE VARIETY OF OTHER MEDIA OUTLETS AROUND THE WORLD
THAT HAVE PUBLISHED THOUSANDS AND THOUSANDS OF DOCUMENTS THAT
ARE TOP SECRET AND CLASSIFIED BECAUSE OF WHAT YOU JUST SAID,
WHICH IS IT'S AGAINST THE LAW FOR SOMEONE IN THE GOVERNMENT TO
STEAL INFORMATION AND GIVE IT TO A REPORTER.
IT'S AGAINST THE LAW FOR SOMEONE TO HACK INTO E-MAILS AND STEAL
THOSE E-MAILS, BUT IT'S NOT AGAINST THE LAW FOR SOMEBODY WHO
RECEIVES THEM, BUT WHO DIDN'T PARTICIPATE IN THE CRIME ITSELF,
TO PUBLISH THEM AND TO REPORT ON THEM BECAUSE IT WOULD BE A HUGE
THREAT TO PRESS FREEDOM IF YOU START CRIMINALIZING THE
PUBLICATION OF INFORMATION. >> GOING BACK FARTHER IN
HISTORY, CAN YOU COMPARE AND CONTRAST IT WITH THOSE WHO
REMEMBER THE PENTAGON PAPERS? PAPERS PUBLISHED BY "THE NEW
YORK TIMES," BUT IS IT ON THE SAME -- IS IT LIKE THAT, ONLY
2017 VERSION? >> I COULDN'T AGREE MORE WITH
THAT EXAMPLE. AND, IN FACT, IF YOU REMEMBER
BACK IN THE NIXON YEARS, THE NIXON ADMINISTRATION SAID ALL OF
THE SAME THINGS ABOUT DANIELS BERG AND "THE NEW YORK TIMES"
THAT JAMES COMEY IS SAYING ABOUT WIKILEAKS.
THE "THE NEW YORK TIMES" PUBLISHED THOUSANDS AND
THOUSANDS OF PAGES WHILE THE U.S. WAS AT WAR WITH VIETNAM
THAT WERE ALL TOP SECRET AND "THE NEW YORK TIMES" -- THEY
TRIED TO STOP "THE NEW YORK TIMES" AND THE SUPREME COURT
SAID NO. THEY HAVE FREEDOM OF THE PRESS
TO PUBLISH THOSE. >> IS IT SOMEWHAT DIFFERENT WHEN
YOU START RELEASING E-MAILS THAT TEND TO SMEAR AND DON'T GO TO
NATIONAL SECURITY, DO PEOPLE REALLY NEED TO KNOW?
IS THERE SOME LINE OUT THERE? >> SO, I THINK THERE IS AN
ETHICAL LINE. AND I'VE CRITICIZED WIKILEAKS
FOR PUBLISHING, FOR EXAMPLE, INFORMATION FROM JOHN PODESTA'S
E-MAIL INBOX THAT HAD NO PUBLIC INTEREST OR FROM THE DNC.
BUT THAT'S NOT WHAT THEY'RE TALKING ABOUT.
THAT'S NOT ILLEGAL TO PUBLISH -- TO MAKE A BAD EDITORIAL
JUDGMENT. WHAT THEY'RE TALKING ABOUT IS
PUBLISHING TOP SECRET INFORMATION FROM THE CIA, FROM
THE PENTAGON, AND THAT'S WHEN YOU GET INTO THE TRADITIONAL
REPORTING THAT THE "THE NEW YORK TIMES" AND THE WASHINGTON POST
AND NBC NEWS DOES ALL THE TIME. >> YOU KNOW, I WAS A LITTLE BIT
SUSPICIOUS LISTENING TO HIS RESPONSE ABOUT WHETHER ASSANGE
SHOULD BE CHARGED OR NOT. I'M SUSPICIOUS, ONLY
SUSPICIOUS -- LISTEN TO THE DIRECTOR TODAY THERE IS A SEALED
INDICTMENT FOR HIM. ARE YOU AT ALL SUSPICIOUS THERE
IS A SEALED INDICTMENT? >> COMPLETELY.
HE SAID, YOU KNOW, THEY SAID WHY HAVEN'T YOU PROSECUTED JULIAN
ASSANGE. HE DIDN'T SAY HERE ARE THE
REASONS WE HAVEN'T. IT SOUNDED LIKE THERE WERE.
>> SOUNDED LIKE HE'S IN AN EMBASSY IN ANOTHER COUNTRY.
IT WAS SO NONRESPONSIVE THAT AS A LAWYER -- YOU'RE A LAWYER --
THE FIRST THING I THOUGHT OF THAT GUY HAS A SEALED INDICTMENT
HANGING OVER HIM. >> TOTALLY AGREE.
GRETA, LET ME SAY THIS ONE THING.
BACK IN 2010, 2011, ALL THE MAJOR MEDIA OUTLETS, WASHINGTON
TIMES, PROSECUTING WIKILEAKS WOULD BE A MAJOR -- THE TWEET
WAS SAYING THE MEDIA WAS THE MEN I.
THIS WOULD BE A MUCH GRAVER THREAT TO CRIMINALIZE
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