Even while mired in personal controversy over rape allegations in Sweden and whispers about Pentagon smears, the WikiLeaks founder, Julian Assange, is still managing to make his mark on world affairs.
The latest release from WikiLeaks is a CIA Red Cell memo from 5 February this year entitled "What If Foreigners See the United States as an 'Exporter of Terrorism' ". It assesses the impact on foreign relations of incidents of "home-grown terrorism", citing in particular the five American Muslims who travelled to Pakistan last year allegedly to join the Taliban, long-term financial support from Americans for the IRA, and the involvement of the Pakistani-American David Headley in the Mumbai bombings.
The memo argues that the consequences of such events can be far-reaching for the US in terms of maintaining good relations with other states, and regarding extradition treaties in particular. It also raises the complex question of the US relationship with the International Criminal Court, which it has so far failed to join (mainly as a result of the Bush administration's policy) on the grounds that allowing US citizens to be tried for crimes committed on US soil but outside of the US judicial system would be unconstitutional.
The leaked document goes on to say that refusal to co-operate fully with other countries could lead to instances of these states withholding intelligence, and cites the case of Abdelghani Mzoudi, freed by a German court in 2005. According to the memo, he was acquitted because "the US refused to allow Ramzi bin al-Shibh, a suspected ringleader of the 9/11 plot who was in US custody, to testify". The memo concludes:
More such instances could impede actions to lock up terrorists, whether in the US or abroad, or result in the release of suspects.
A "Red Cell" memo means it was issued by the special group within the CIA set up after the 11 September 2001 attacks by George Tenet, the director who subsequently resigned over the WMD claims in Iraq. The group was created to "think unconventionally", take an "out-of-the-box approach" and produce ideas intended to "provoke" rather than provide "authoritative assessment".
There seems very little "out-of-the-box" thinking involved in the production of this memo, as its main conclusions are that terrorism can affect the perception of a country on the international stage, and that being uncooperative with other states can lead to similar treatment being meted out in return. We need look no further than the furore that resulted from David Cameron's recent remarks about Pakistan to see yet another example of such action. But, as ever, WikiLeaks has facilitated a fascinating insight into the hidden processes of a state.
As Assange deals with his problems in Sweden, a potential problem for his organisation has been voiced in the US. Sonia Sotomayor, the newest judge on the US Supreme Court, said in response to a student's question at an event at Denver University this week that the question of balancing freedom of speech with national security is "very likely" to come before the court in the near future.
She went on to discuss the publication of the Pentagon Papers in 1971, at which time the Supreme Court declined to block the release:
That was not the beginning of that question, but an issue that keeps arising from generation to generation, of how far we will permit government restriction on freedom of speech in favour of protection of the country. There's no black-and-white line.
There will no doubt be many arguments in the future over whether it is the role of the Supreme Court to determine whether there is such a line at all and, if so, where it lies. But for the moment, I think we can safely say Julian Assange and his followers would argue that there's no line at all.