Journalism WikiLeaks Style

Secretary of State Hillary Clinton and Sen. Dianne Feinstein (D-Calif.), the chairwoman of the Senate Select Committee on Intelligence, among others, have called for an espionage prosecution of WikiLeaks founder Julian Assange. The thrust of their argument is that Assange has violated § 793(e) of the Espionage Act by willfully releasing U.S. documents and information relating to the national defense that he had reason to believe could be used to the injury of the United States or to the advantage of any foreign nation.
Yet the U.S. Department of Justice (DOJ) has maintained a stony silence on the prospects for such a prosecution and has only stated that it is investigating the matter. Indeed, it is more than likely that no such prosecution will occur. This is in direct contrast to the fate of the original leaker, Pfc. Bradley Manning. Manning, whether under § 793(e) or other related charges, will likely spend the remainder of his life in a military prison.
What differentiates the destinies of Manning, the leaker, and Assange, the publisher, under the Espionage Act? The result is explained by the exercise of prosecutorial discretion by the attorney general...

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James Ching @'The National Law Journal'