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Public and D.C. elites agree: Prosecute Assange
 

POLITICO By Mark Penn - December 14, 2010

One thing that's emerged from these six months of polling is just how far removed our nation's capital typically is from the rest of the country. This month alone, POLITICO's "Power and the People" poll shows D.C. is divided from the rest of the country on issues of the economy (38 percent of D.C. elites think it's on the right track, while only 26 percent of the general population agrees), congressional agenda (half of D.C. elites think deficit reduction should be top priority, but just 35% of adults say the same), and our president (57 percent of Beltway insiders plan to vote for him in 2012 versus only 37 percent of the rest of us.) It's notable then that there's one topic in which they're distinctly in sync: Julian Assange and whether to go after him.

When asked if the founder of WikiLeaks should be prosecuted as a terrorist for publishing over 250,000 diplomatic cables, by 48 percent to 22 percent the sample of all Americans said yes compared to 49 percent of D.C. elites who agreed and 36 percent who disagreed. In other words, roughly the same percentages of both said Assange should face prosecution, though 30 percent of the general population remains undecided.

America's desire for a tough response to the leaks crossed every party and demographic line. Assange lifted the veil on one of our most cherished self-conceptions - that America remains the most sophisticated and canny player on the international stage - and left us all feeling astonishingly exposed.

But support for prosecution manifests itself among some unexpected audiences. One might assume that, as education levels rise among respondents, so might awareness of the complex First Amendment and constitutional issues around a case like this, driving down the desire for action. Instead, it was the opposite. Respondents with lower education showed a higher undecided - favoring prosecution by 39 percent to 16 percent opposed and 45 percent undecided. Those with a college degree favored indictment by 53 percent to 25 percent.

The same pattern is found as wealth rises as well, with only 43 percent in favor among those making less than $50,000 (vs. 21 percent against,) 53 percent among those pulling in $50,000-100,000 (vs. 22 percent who disagree) and nearly two-thirds of those making over a hundred thousand pushing for prosecution (with 25 percent opposed.) Lastly, older respondents are the most enthusiastic about legal action, with 59 percent of those 55-74 in favor (and only 16 percent against), but even the youngest cohort (18-34) display 42 percent support, with only 28 percent opposed.

President Obama has clearly made a turn towards the center with the deal on taxes, deciding it was better to have tax cuts for all rather than tax cuts for none. Now, I believe, the voters are looking for him to assert his strength in other areas. Unfortunately, the whole WikiLeaks episode has instead more resembled a mini-hostage crisis, holding the security of the United States hostage to endless embarrassment though the publication of internal diplomatic chatter. There are difficult choices ahead, especially around the issue of whether Assange's actions most resemble those of a newspaper, or those of a spy, but the president would likely be given wide latitude in matters of national security upon any factual determination that Assange has aided and abetted national security leaks.

Of course, the Justice Department can't be ruled by polls. But neither can the president be ruled by arcane and conflicting precedent. The uniqueness of the poll is that it shows that this is an area where elites and the general public basically agree: when someone promotes the wholesale distribution of U.S. Government secrets, both look to the president to act and act decisively.