Reporter’s Notebook: Why the Pentagon Papers Leaker Tried to Get Prosecuted Near His Life’s End
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June 18, 2023
In a surprising turn of events, Daniel Ellsberg, the renowned military analyst who leaked the Pentagon Papers in 1971, sought to be prosecuted under the Espionage Act in the final years of his life. At the age of 90, Ellsberg hoped to challenge the constitutionality of the law by offering another classified document he had held onto without authorization for decades.
The document in question revealed American military leaders’ plans to carry out a first-use nuclear strike on China in 1958, risking retaliation from the Soviet Union and the loss of millions of lives. Ellsberg believed that his prosecution would provide an opportunity for the Supreme Court to declare the Espionage Act unconstitutional when applied to individuals who leak government secrets to the press.
The Espionage Act, which has been in effect since World War I, was historically used to charge spies rather than leakers. However, starting in the second half of the 20th century, the government began using the law to prosecute leakers with limited success. It wasn’t until the George W. Bush administration that the Justice Department began routinely pursuing leakers under the Espionage Act.
Ellsberg had previously discussed the government’s increasing use of the law with a reporter in 2014, particularly in relation to Edward J. Snowden’s case. Snowden, a former contractor for the National Security Agency, leaked classified information about surveillance activities and currently faces Espionage Act charges.
Ellsberg believed that the application of the Espionage Act to individuals who inform the U.S. public, rather than secretly informing foreign powers, raises constitutional questions. He argued that using the law to criminalize truth-telling in the public interest should be deemed unconstitutional.
In his final years, Ellsberg contacted a reporter and provided a classified document about the 1958 crisis between Communist Chinese forces and Taiwan. He hoped that by openly confessing to retaining and disseminating the document without authorization, he would be charged under the Espionage Act and become a test case for the law’s constitutionality.
However, despite the publication of the article and the attention it garnered, no charges were brought against Ellsberg. The Justice Department, which has become increasingly aggressive in using the Espionage Act, did not pursue his case.
Ellsberg’s attempt to challenge the constitutionality of the Espionage Act highlights the broader debate surrounding the law’s application to leakers and the potential chilling effect it has on the public’s access to information in a democracy. While his efforts did not result in the desired outcome, they shed light on the need for a reevaluation of the law and its implications for press freedom and government transparency.Why the Pentagon Papers Leaker Tried to Get Prosecuted Near His Life’s End
In a surprising turn of events, Daniel Ellsberg, the infamous leaker of the Pentagon Papers in 1971, sought to be prosecuted in the final years of his life. At the age of 90, Ellsberg wanted to challenge the constitutionality of the Espionage Act, which he had been charged with in the past. His plan was to provide another classified document to a reporter, hoping to mount a defense that would ultimately lead to the Supreme Court declaring the law unconstitutional for those who leak government secrets to the press.
Ellsberg’s disclosure of the Pentagon Papers, a classified study revealing the lies told by military and political leaders during the Vietnam War, had a profound impact on history. However, buried in some obituaries were references to a 2021 incident in which Ellsberg gave a top-secret document to a reporter. This document detailed American military leaders’ push for a first-use nuclear strike on China in 1958, risking retaliation from the Soviet Union and the deaths of millions of people.
The scrutiny of Ellsberg’s legacy also includes his attempt to challenge the Espionage Act. He believed that using the act to criminalize truth-telling in the public interest should be deemed unconstitutional. Historically, the government did not try to send leakers to prison, but in recent years, there has been an increase in the use of the Espionage Act to prosecute leakers. Defendants are often pressured into plea deals, preventing them from challenging the constitutionality of the law.
Ellsberg and the reporter had discussed the government’s use of the Espionage Act in 2014 when writing about Edward J. Snowden, another whistleblower facing Espionage Act charges. Ellsberg questioned the constitutionality of applying the act to individuals informing the public, rather than secretly informing foreign powers as spies.
In 2019, the Justice Department under the Trump administration took a new step by obtaining an Espionage Act indictment against Julian Assange, the founder of WikiLeaks, for soliciting and publishing leaks. The charges have been maintained under the Biden administration.
Ellsberg’s motivation for seeking prosecution was twofold. He wanted to bring attention to renewed tensions over Taiwan and the possibility of nuclear war. Additionally, he hoped to challenge the constitutionality of the Espionage Act, which he believed could be used to indict journalists, publishers, and even readers who share classified information.
Despite his efforts, the Justice Department did not pursue charges against Ellsberg. He expressed disappointment, stating that he was looking forward to arguing his case in court. Unfortunately, Ellsberg announced in March that he had been diagnosed with pancreatic cancer, realizing that his life would be shorter than expected.
Daniel Ellsberg’s attempt to challenge the Espionage Act highlights the ongoing debate surrounding the government’s use of the law to prosecute leakers. His legacy as a whistleblower and advocate for transparency will continue to shape discussions on government secrecy and the public’s right to know.
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Ically, the Espionage Act had been used primarily to charge spies rather than leakers. However, in recent years, the government began using the law to pursue leakers, including cases like Edward J. Snowden’s.
Ellsberg saw the increasing use of the Espionage Act as problematic, especially when applied to individuals who inform the U.S. public rather than secretly informing foreign powers. He argued that this application of the law raises constitutional questions and poses a threat to press freedom and government transparency. By seeking prosecution under the Espionage Act, Ellsberg hoped to be a test case that would challenge the law’s constitutionality and potentially lead to a Supreme Court ruling on the matter.
In his final years, Ellsberg contacted a reporter and provided a classified document about the 1958 crisis between Communist Chinese forces and Taiwan. His intention was to openly confess to retaining and disseminating the document without authorization, in an effort to provoke charges under the Espionage Act.
Despite the attention his case received, no charges were brought against Ellsberg. The Justice Department, which has become increasingly aggressive in using the Espionage Act, did not pursue his case. While his efforts did not result in the desired outcome, Ellsberg’s attempt to challenge the constitutionality of the Espionage Act highlights the ongoing debate surrounding the law’s application and its impact on press freedom and government transparency. His actions shed light on the need for a reevaluation of the law and its implications in a democratic society.
The Espionage Act and Daniel Ellsberg: A Challenge to Constitutional Use in Leaking Government Secrets
This article delves into the complex and controversial topic of government secrets, whistleblowing, and the application of the Espionage Act in the case of Daniel Ellsberg. It highlights an important challenge to the constitutional use of this Act and raises thought-provoking questions about the balance between national security and the public’s right to know.
Government secrets are undoubtedly crucial for national security and protecting sensitive information that could potentially harm the country. However, there is an inherent tension between the need for secrecy and the democratic principles on which our nation was built. Transparency and an informed citizenry are vital for a functioning democracy, as they help hold the government accountable and ensure that power is not abused.
The case of Daniel Ellsberg, a whistleblower who leaked the Pentagon Papers in the 1970s, serves as a thought-provoking example. Ellsberg believed that it was his patriotic duty to reveal classified information about the Vietnam War, exposing a government cover-up and deception. This act of whistleblowing spurred public debate, leading to increased skepticism towards government actions and policies.
However, the Espionage Act, which was initially developed during World War I to protect national defense interests, was used to charge Ellsberg. This Act, designed for prosecuting espionage and treason, raises questions about its application in cases where individuals are merely revealing government secrets to expose wrongdoing or bring necessary reforms.
One cannot ignore the delicate balance that needs to be struck between the government’s interest in maintaining secrecy and the public’s right to know. Critics argue that the Espionage Act should not be employed indiscriminately to silence whistleblowers who act in the interest of public accountability. Instead, they argue for the government to establish channels that allow for confidential disclosure of classified information, while protecting legitimate national security concerns.
As technology advances, the leaking of government secrets has become more prevalent and difficult to control. The role of the Espionage Act and its effective implementation in today’s digital age adds another layer of complexity to this issue. Striking the right balance requires a careful examination of the Act, its intent, and whether it still fits within the evolving landscape of knowledge dissemination.
Ultimately, this article presents a thought-provoking argument, challenging the constitutional use of the Espionage Act when it comes to leaking government secrets. It serves as a reminder that our democracy thrives when there is a healthy exchange of information, even if it challenges the status quo. We must continually reevaluate our legal frameworks, ensuring they align with our democratic values while safeguarding national security.
It is essential to recognize the delicate balance between national security and the importance of transparency in a democratic society. The Espionage Act and the infamous case of Daniel Ellsberg present a profound challenge to the constitutional use of leaking government secrets.
On one hand, the Espionage Act was enacted to protect sensitive information that, if exposed, could potentially jeopardize the safety and security of the nation. In an era of increasing global risks and complex geopolitical relationships, it is crucial for governments to safeguard certain classified documents.
However, the case of Daniel Ellsberg demonstrated the profound impact that whistleblowers can have on exposing government wrongdoing. Without his courageous leak of the Pentagon Papers, the American public would have remained oblivious to the true nature of the Vietnam War. Ellsberg’s actions raised crucial questions about the morality and legality of government actions, allowing citizens to hold their leaders accountable.
This dilemma forces us to critically examine the problematic nature of the Espionage Act. While it serves as a legal deterrent against potential threats, it also limits the freedom of individuals to uncover and address government misconduct. A balanced approach is required, one that not only protects national security but also respects the rights of citizens to access information necessary for democratic participation.
In an ideal scenario, legislation should be revised to provide a more comprehensive framework that differentiates between whistleblowers exposing true government misconduct and those intending to harm the nation. This would allow for a more nuanced approach to handling leaked information, ensuring that national security remains intact while simultaneously nurturing transparency and accountability.
Ultimately, the Espionage Act and the Daniel Ellsberg case present a challenge to the constitutional use of leaking government secrets. It is imperative for lawmakers to strike a balance that upholds national security without stifling the exercise of fundamental democratic rights. It is only through thoughtful legal reforms that we can foster a system that encourages both the protection of classified information and the pursuit of truth and justice.