https://www.nationalreview.com/corner/statute-of-limitations-will-be-hotly-disputed-in-assange-case/
The indictment that the Justice Department filed against Julian Assange in the Eastern District of Virginia charges him with a conspiracy to commit computer fraud. The conspiracy statute is Section 371 of the penal code, and the computer fraud offenses that were the objectives of the conspiracy are parts of Section 1030.
According to the indictment, Assange and Manning (then known as Bradley, now as Chelsea) conspired in 2010. Manning was prosecuted by the armed forces. The Justice Department’s indictment against Assange was not returned until 2018 — eight years later.
The five-year statute of limitations that applies to most federal crimes is prescribed for both conspiracy and computer fraud.
So how is the Justice Department able to prosecute Assange on an indictment filed 3 years after the prescribed limitations period.
It appears that the Justice Department is relying on an exception, in Section 2332b of the penal code, that extends the statute of limitations to eight years for “acts of terrorism transcending national boundaries.”
Now, conspiracy to commit computer fraud is a very serious offense, and Assange’s is at the top of the seriousness range because it involved publication of defense secrets that endangered lives, including the lives of our troops. And there’s no doubt that the conspiracy transcended national boundaries — Assange was outside the U.S. when he collaborated with Manning. But is it really an act of terrorism?
It may be . . . at least as the operative term — federal crime of terrorism — is defined by Section 2332b.
Under subsection (g)(5) of that statute, an offense is considered a “federal crime of terrorism” if it satisfies two elements: (1) it “is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct”; and (2) it is a violation of one of a long list of offenses, which includes “section . . . 1030(a)(1) (relating to protection of computers)[.]”