DNC Files Motion to Serve WikiLeaks With Lawsuit Through Twitter

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The Democratic National Committee has filed a motion in federal court requesting permission to serve WikiLeaks with a lawsuit through Twitter.

The lawsuit, filed in Manhattan, is based on WikiLeaks publishing their emails during the 2016 election. It accuses the publisher of violations of federal copyright laws and the Trade Secrets Act.

The motion filed on Friday claims that they have been unable to serve WikiLeaks with the lawsuit since April 20, CBS News reports.

“Because WikiLeaks has more of a virtual than a physical presence, the court can and should exercise its authority … to authorize service by Twitter,” the motion reads.

The DNC also argues that WikiLeaks has publicly acknowledged the lawsuit on Twitter and tweets daily.

The lawsuit poses serious threats to press freedom and the ability to publish. According to the Bartnicki First Amendment test, a defendant may not be held liable for a disclosure of stolen information if it deals with “a matter of public concern.” The second portion requires that the publisher cannot have been involved in the theft.

The suit does not accuse WikiLeaks of being involved in hacking or stealing the documents in any way. – READ MORE

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A source close to the Ecuadorian Foreign Ministry and the President’s office, unauthorized to speak publicly, has confirmed to the Intercept that Moreno is close to finalizing, if he has not already finalized, an agreement to hand over Assange to the UK within the next several weeks. The withdrawal of asylum and physical ejection of Assange could come as early as this week. On Friday, RT reported that Ecuador was preparing to enter into such an agreement.

The consequences of such an agreement depend in part on the concessions Ecuador extracts in exchange for withdrawing Assange’s asylum. But as former Ecuadorian President Rafael Correa told the Intercept in an interview in May, Moreno’s government has returned Ecuador to a highly “subservient” and “submissive” posture toward western governments.

It is thus highly unlikely that Moreno – who has shown himself willing to submit to threats and coercion from the UK, Spain and the U.S. – will obtain a guarantee that the U.K. not extradite Assange to the U.S., where top Trump officials have vowed to prosecute Assange and destroy WikiLeaks.

The central oddity of Assange’s case – that he has been effectively imprisoned for eight years despite never having been charged with, let alone convicted of, any crime – is virtually certain to be prolonged once Ecuador hands him over to the U.K. Even under the best-case scenario, it appears highly likely that Assange will continue to be imprisoned by British authorities.

The only known criminal proceeding Assange currently faces is a pending 2012 arrest warrant for “failure to surrender” – basically a minor bail violation charge that arose when he obtained asylum from Ecuador rather than complying with bail conditions by returning to court for a hearing on his attempt to resist extradition to Sweden.

That charge carries a prison term of three months and a fine, though it is possible that the time Assange has already spent in prison in the UK could be counted against that sentence. In 2010, Assange was imprisoned in Wandsworth Prison, kept in isolation, for 10 days until he was released on bail; he was then under house arrest for 550 days at the home of a supporter.

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