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The Department of Justice is considering charges against Julian Assange, founder and editor of Wikileaks. The case would largely hinge on whether the DOJ successfully can argue that WikiLeaks' actions are not journalism and, therefore, are exempt from First Amendment protections related to freedom of the press.

According to The Washington Post's sources, federal attorneys "have been drafting a memo that contemplates charges against members of the WikiLeaks organization, possibly including conspiracy, theft of government property or violating the Espionage Act."

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