Trump loves Wikileaks

Posted on: December 31, 2017 at 11:10:44 CT

WikiLeaks' publication of thousands of emails apparently hacked from the Democratic National Committee was legal and specifically protected by federal law, the Trump campaign argued in a court filing Wednesday.

The Trump campaign's motion to dismiss the case argues that WikiLeaks qualifies as the kind of online service that Congress rendered immune from legal liability through legislation passed more than two decades ago.

"Under Section 230 of the Communications Decency Act ... a website that provides a forum where 'third parties can post information' is not liable for the third party’s posted information," the campaign's attorneys wrote. "That is so even when even when the website performs 'editorial functions' 'such as deciding whether to publish....' Since WikiLeaks provided a forum for a third party (the unnamed 'Russian actors') to publish content developed by that third party (the hacked emails), it cannot be held liable for the publication."

The Trump legal team argues that WikiLeaks didn't run afoul of the law by publishing the emails even if it was involved in hacking them and that if WikiLeaks didn't break the law, neither did the campaign.