Judge Koeltl, a Clinton appointee, cited the Pentagon Papers case in finding that there could not be liability for the publication of stolen materials.

I hope this decision can help Assange with his case.

Update

Judge Tosses 'Meritless' DNC Lawsuit Against Trump, Russia, Assange, WikiLeaks And The Kitchen Sink

Defendants included the Russian Federation, the Trump Campaign, Donald Trump Jr., Paul Manafort, Jared Kushner, George Papadopoulos, Richard Gates, Roger Stone, Joseph Mifsud, WikiLeaks, Julian Assange and several Russians.

In his Tuesday afternoon order, judge John G. Koeltl of the Southern District of New York ruled that the DNC's 14 claims against the defendants were "either moot or without merit."

Among other things:

The DNC's RICO conspiracy claim was tossed for failing to prove an alleged pattern of racketeering activity.
The DNC's claims against the Russian Federation were barred, with Judge Koeltl ruling that "Relief from the alleged activities of the Russian Federation should be sought from the political branches of the Government and not from the courts."
The DNC's allegation that the defendants distributed hacked materials under the Wiretap Act was dismissed.
The DNC failed to state a claim for trade secret misappropriation pertaining to documents published by WikiLeaks
The DNC's "claims for conspiracy to commit trespass to chattels" was dismissed, as they had "not alleged plausibly that any of the other defendants participated in the theft or agreed to help steal the DNC's materials."