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Ambitious school choice positions around and parent can trigger it. you don t have to have a public debate, the parents at a school. exactly and doesn t rely on the circumstances that educational proponent relied on where you need the right mayor and the right school chancellor, as with new york and mayor bloomberg or in washington, with michelle reid who left her job after mayor fenty lost his race. paul: the charter school replaces the public school. they have to take the children and educate them. they get the same money the new way for the charter school to come to be. once it s been started it works the same way except for the crucial difference that you mentioned which is that whereas charter schools and other areas have to hold lotteries and they have how many applicants. paul: and they don t have to take all comers. they don t have the space. the charter schools begun by the trigger option will take ....
paul: they had read the tribune. the description, i don t know. but they didn t pick up on it and change the code. that would have made it apparent that the publisher, that would have made it apparent that we had broken the code and therefore, it would have made it worse from a national security standpoint. as a matter of discretion they stopped the investigation before the return. it had nothing to do whether to prosecute. paul: well, assange is going to claim that he s a publisher just like any other. i expect so. and one other thing, that is the the disclosures, the elsberg disclosures. paul: the pentagon papers. the supreme court said although they would not stop publication in advance, prosecution afterwards, they left that possibility open. ....
the majority of the court has never taken a position on the espionage act and whether it s actually would violate the first amendment. that s an open question, i gather. for an open question theoretically. i don t, frankly see the question. paul: do you think it would stand. yes. why? because the first amendment doesn t protect speech. it prescribes certain findings, and prosecution of the prosecution doesn t protect prosecution from shouting fire in a crowded theater. doesn t protect from prosecution from fraud. it s interesting the formulation of the first amendment. it says that congress make no la laws let s say rigid freedom of speech. it s the freedom of speech, it was the free speech of the speech known at the time and freedom of speech within ragsal limits. a lot of publishers would ....
State s worst performing public schools. could they spark a nationwide education revolution? welcome to the journal editorial report, i m paul g gigot. as wikileaks founder julian assange, many are demanding he be tried in the united states for release of thousands of classified documents, including last week s dump of sensitive state department cables. and could assange be prosecuted under american law and should he be? michael mukasey the former attorney general of the united states and joins me now. welcome back, great to have you back here. good morning. paul: and eric holder said his department is investigating whether to prosecute assange and would like to. if you were still attorney general, what statute would you be looking at? i d be looking at two ....
Sections of what s called the espionage act. one of which criminalizes the circulation of the publication of defense related information and the other of which criminalizes the classified information. the espionage act, an oldest, but goody. what do you have to prove for the espionage act. do you have to prove that the leaks damaged national security? you have to prove they were done with the intent to damage the united states. you have to prove in order to get, there is one of those sections, if you prove that a result of the leaks was to expose the identity of a u.s. agent and that agent lost his life, then the penalty up to death may be imposed. paul: now what would the ....