The cables are pretty much absent from the NPR website home page, but analysis continues in bits and pieces throughout the day’s broadcasts. On Morning Edition on Tuesday, WikiLeaks updates focused on blowback from Clinton’s office, Der Spiegel’s side of the WikiLeaks publication, and the likelihood that Julian Assange will be prosecuted under the 1917 Espionage Act. Says Floyd Abrams, a First Amendment lawyer who has defended The New York Times in several court cases:
I think there’s a pretty good argument that [the Espionage Act] would apply to WikiLeaks. The language of the statute is very broad, and it bars the unauthorized possession or control over basically classified information by outsiders, which they have reason to believe could be used to the injury of the United States.
Abrams went on to explain that a prosecution of this kind typically requires that the defendant actually meant to do harm to the United States through their actions. And Assange, of course, has said in interviews that that is his intention; he “has gone a long way down the road of talking himself into a possible violation of the Espionage Act.”
Elsewhere on the public radio dial, New York Times executive editor Bill Keller was a guest on WNYC/PRI’s The Takeaway on Tuesday morning, and he spoke about the trickiness of deciding how much emphasis to put on any one cable: it’s all “raw material” to carefully pick through (transcript here). - Lauren Kirchner
The cable-leak stories that had sprinkled Politico’s home page on Monday are largely absent on Tuesday; top stories in the afternoon are on tax cut negotiations and other Hill-side maneuvering. Laura Rozen’s blog has a follow-up on Clinton’s response to the leaks, and Keach Hagey has an inside-the-media overview calling WikiLeaks a “game changer,” but the story has otherwise been swept off of the homepage, at least for the day. - Lauren Kirchner