Sunday, December 23, 2018

A Look back: Pentagon Papers

The Pentagon Papers, officially titled "Report of the Office of the Secretary of Defense Vietnam Task Force", was commissioned by Secretary of Defense Robert McNamara in 1967. In June of 1971, small portions of the report were leaked to the press and widely distributed. However, the publications of the report that resulted from these leaks were incomplete and suffered from many quality issues.
On the 40th anniversary of the leak to the press, the National Archives, along with the Kennedy, Johnson, and Nixon Presidential Libraries, has released the complete report. There are 48 boxes and approximately 7,000 declassified pages. Approximately 34% of the report is available for the first time.

What is unique about this, compared to other versions, is that:
  • The complete Report is now available with no redactions compared to previous releases
  • The Report is presented as Leslie Gelb presented it to then Secretary of Defense Clark Clifford on January 15, 1969
  • All the supplemental back-documentation is included. In the Gravel Edition, 80% of the documents in Part V.B. were not included
  • This release includes the complete account of peace negotiations, significant portions of which were not previously available either in the House Armed Services Committee redacted copy of the Report or in the Gravel Edition
Daniel Ellsberg knew the leaders of the task force well. He had worked as an aide to McNaughton from 1964 to 1965, had worked on the study for several months in 1967, and Gelb and Halperin approved his access to the work at RAND in 1969. Now opposing the war, Ellsberg and his friend Anthony Russo photocopied the study in October 1969 intending to disclose it. Ellsberg approached Nixon's National Security Advisor Henry Kissinger, Senators William Fulbright and George McGovern, and others, but none were interested.
In February 1971, Ellsberg discussed the study with The New York Times reporter Neil Sheehan, and gave 43 of the volumes to him in March. Before publication, The New York Times sought legal advice. The paper's regular outside counsel, Lord Day & Lord, advised against publication, but in-house counsel James Goodale prevailed with his argument that the press had a First Amendment right to publish information significant to the people's understanding of their government's policy.
The New York Times began publishing excerpts on June 13, 1971; the first article in the series was titled "Vietnam Archive: Pentagon Study Traces Three Decades of Growing US Involvement". The study was dubbed The Pentagon Papers during the resulting media publicity. Street protests, political controversy, and lawsuits followed.
To ensure the possibility of public debate about the papers' content, on June 29, US Senator Mike Gravel, an Alaska Democrat, entered 4,100 pages of the papers into the record of his Subcommittee on Public Buildings and Grounds. These portions of the papers, which were edited for Gravel by Howard Zinn and Noam Chomsky, were subsequently published by Beacon Press, the publishing arm of the Unitarian Universalist Association of Congregations. A federal grand jury was subsequently empaneled to investigate possible violations of federal law in the release of the report. Leonard Rodberg, a Gravel aide, was subpoenaed to testify about his role in obtaining and arranging for publication of the Pentagon Papers. Gravel asked the court (in Gravel v. United States) to quash the subpoena on the basis of the Speech or Debate Clause in Article I, Section 6 of the United States Constitution.
That clause provides that "for any Speech or Debate in either House, [a Senator or Representative] shall not be questioned in any other Place", meaning that Gravel could not be prosecuted for anything said on the Senate floor, and, by extension, for anything entered to the Congressional Record, allowing the papers to be publicly read without threat of a treason trial and conviction. When Gravel's request was reviewed by the U.S. Supreme Court, the Court denied the request to extend this protection to Gravel or his legislative aide, Leonard Rodberg, because the grand jury subpoena served on them related to a third party rather than any act they themselves committed for the preparation of materials later entered into the Congressional Record. Nevertheless, the grand jury investigation was halted, and the publication of the papers was never prosecuted.
Later, Ellsberg said the documents "demonstrated unconstitutional behavior by a succession of presidents, the violation of their oath and the violation of the oath of every one of their subordinates." He added that he leaked the Papers to end what he perceived to be "a wrongful war."
https://www.archives.gov/research/pentagon-papers

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