Prosecutors have struggled with whether the First Amendment precluded the prosecution of Assange, but now believe they have found a way to move forward.
During President Barack Obama’s administration, Attorney General Eric Holder and officials at the Justice Department determined it would be difficult to bring charges against Assange because WikiLeaks wasn’t alone in publishing documents stolen by Manning. Several newspapers, including The New York Times, did as well. The investigation continued, but any possible charges were put on hold, according to US officials involved in the process then.
The US view of WikiLeaks and Assange began to change after investigators found what they believe was proof that WikiLeaks played an active role in helping Edward Snowden, a former NSA analyst, disclose a massive cache of classified documents.
Assange remains holed up in the Ecuadorian embassy in London, seeking to avoid an arrest warrant on rape charges in Sweden. In recent months, US officials had focused on the possibility that a new government in Ecuador would expel Assange and he could be arrested. But the left-leaning presidential candidate who won the recent election in the South American nation has promised to continue to harbor Assange.