[andrewla]

> He will not be tried as a journalist. The US govt will not recognise his status as a journalist

It's not something that the US govt gets to decide. They can argue it in court, but this sort of finding of fact is a matter for the jury, not for the prosecutor or even the judge to decide. Unless he opts for a bench trial, in which case the judge gets to decide, but that is at his option -- nobody can force him to forgo a jury.

Ellsberg did not receive automatic protections as a journalist either, despite the fact that he was by any definition a journalist (and certainly by your criteria) -- he was charged and tried under the Espionage Act, and only the specific circumstances involved resulted in the case's dismissal.

The government will not put all its eggs in the "he's not a journalist" basket either; they'll offer an array of charges so even if the jury finds that he is a journalist, he will not be completely shielded. Nonetheless I think the odds are in his favor; the government will in the end almost certainly have to show evidence of tangible (not just reputational) harm, and that will open the door to "compelling public interest" arguments based on the particular information brought to light.

[marcus_holmes]

I hope you're right. I hope we never have to find out.

In his shoes, given that we already know the US govt had a plan to poison and/or kidnap him, I would not trust that I'd receive a fair trial in the USA.