The indictment, like the one which preceded it last month with Assange's arrest, is completely fraudulent, as it charges Assange with "crimes" that are indistinguishable from conventional journalistic practices. The charges are based on the same exact evidence which was available to the Obama administration, which as journalist Glenn Greenwald noted last year declined to prosecute Assange citing fear of destroying press freedoms.

Hanna Bloch-Wehba, an associate professor at Drexel University's Thomas R. Kline School of Law, has called the indictment "a worst-case, nightmare, mayday scenario for First Amendment enthusiasts." Bloch-Wehba explains that that the indictment's "theories for liability rest heavily on Assange's relationship with Manning and his tendency to encourage Manning to continue to bring WikiLeaks material" in a way that "is not readily distinguishable from many reporter-source relationships cultivated over a period of time."

One of the versions of the New York Times' report on the new Assange indictment, which has since been edited out but has been preserved here in a quote by Slate, said that "officials would not engage with questions about how the actions they said were felonies by Mr. Assange differed from ordinary investigative journalism. Notably, The New York Times, among many other news organizations, obtained precisely the same archives of documents from WikiLeaks, without authorization from the government."