We performed a legal analysis to understand what the abilities and limitations were within Europe for publishing documents from a number of different countries, including the United States. We understood that, in theory, Article 10 should protect journalists in Europe. Similarly, looking at the US First Amendment to its Constitution, no publisher had ever been prosecuted for publishing classified information from the United States — either domestically or internationally.
I expected some kind of harassment, legal process. I was prepared to fight for that. I believe the value of these publications was such that it’s OK to have that fight, and that we would prevail because we had understood what was legally possible.
My naivete was believing in the law. When push comes to shove, laws are just pieces of paper and they can be reinterpreted for political expediency. They are the rules made by the ruling class more broadly, and, if those rules don’t suite what it wants to do, it reinterprets them or, hopefully, changes them, which is clearer.
In the case of the United States, we angered one of the constituent powers of the United States — the intelligence sector, the security state, the secrecy state. It was powerful enough to push for reinterpretation of the US Constitution.
The US First Amendment seems pretty black-and-white to me. It’s very short. It says the Congress shall make no law restricting speech or the press. However, the US Constitution and those precedents relating to it were just reinterpreted away.
And, yes, perhaps, ultimately if it had gotten to the Supreme Court of the United States and I was still alive in that system, I might have won, depending on what the makeup was of the US Supreme Court. But, in the meantime, I had lost 14 years in the house arrest, embassy siege, and maximum security prison.
So, I think, this is an important lesson that when a major powerful faction wants to reinterpret the law it can push to have the element of the state – in this case the US Department of Justice — do that, And it doesn’t care too much about what is legal; that’s something for a much later date. In the meantime, the deterrent effect that it seeks, the retributive actions that it seeks, have had their effect.