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The ''Pentagon Papers'', officially titled ''Report of the Office of the Secretary of Defense Vietnam Task Force'', is a
United States Department of Defense The United States Department of Defense (DoD, USDOD, or DOD) is an United States federal executive departments, executive department of the federal government of the United States, U.S. federal government charged with coordinating and superv ...
history of the United States' political and military involvement in Vietnam from 1945 to 1968. Released by
Daniel Ellsberg Daniel Ellsberg (April 7, 1931June 16, 2023) was an American political activist, economist, and United States military analyst. While employed by the RAND Corporation, he precipitated a national political controversy in 1971 when he released th ...
, who had worked on the study, they were first brought to the attention of the public on the front page of ''
The New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
'' in 1971. A 1996 article in ''The New York Times'' said that the ''Pentagon Papers'' had demonstrated, among other things, that Lyndon B. Johnson's administration had "systematically lied, not only to the public but also to Congress." The ''Pentagon Papers'' revealed that the U.S. had secretly enlarged the scope of its actions in the
Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
with coastal raids on
North Vietnam North Vietnam, officially the Democratic Republic of Vietnam (DRV; ; VNDCCH), was a country in Southeast Asia from 1945 to 1976, with sovereignty fully recognized in 1954 Geneva Conference, 1954. A member of the communist Eastern Bloc, it o ...
and Marine Corps attacks—none of which were reported in the mainstream media. For his disclosure of the ''Pentagon Papers'', Ellsberg was initially charged with conspiracy, espionage, and theft of government property; charges were later dismissed, after prosecutors investigating the
Watergate scandal The Watergate scandal was a major political scandal in the United States involving the Presidency of Richard Nixon, administration of President Richard Nixon. The scandal began in 1972 and ultimately led to Resignation of Richard Nixon, Nix ...
discovered that the staff members in the Nixon White House had ordered the so-called White House Plumbers to engage in unlawful efforts to discredit Ellsberg. In June 2011, the documents forming the ''Pentagon Papers'' were declassified and publicly released.


Contents

Secretary of Defense
Robert McNamara Robert Strange McNamara (; June 9, 1916 – July 6, 2009) was an American businessman and government official who served as the eighth United States secretary of defense from 1961 to 1968 under presidents John F. Kennedy and Lyndon B. Johnson ...
created the Vietnam Study Task Force on June 17, 1967, for the purpose of writing an "encyclopedic history of the
Vietnam War The Vietnam War (1 November 1955 – 30 April 1975) was an armed conflict in Vietnam, Laos, and Cambodia fought between North Vietnam (Democratic Republic of Vietnam) and South Vietnam (Republic of Vietnam) and their allies. North Vietnam w ...
". McNamara claimed that he wanted to leave a written record for historians, to prevent policy errors in future administrations, although Leslie H. Gelb, then director of Policy Planning at the Pentagon, has said that the notion that they were commissioned as a "cautionary tale" is a motive that McNamara only used in retrospect. McNamara told others, such as Dean Rusk, that he only asked for a collection of documents rather than the studies he received. Motives aside, McNamara did not inform either President
Lyndon Johnson Lyndon Baines Johnson (; August 27, 1908January 22, 1973), also known as LBJ, was the 36th president of the United States, serving from 1963 to 1969. He became president after assassination of John F. Kennedy, the assassination of John F. Ken ...
or Secretary of State Dean Rusk about the study. One report claimed that McNamara had planned to give the work to his friend, Robert F. Kennedy, who was seeking the Democratic presidential nomination in 1968. McNamara later denied it, though he admitted that he should have informed Johnson and Rusk. Instead of using existing Defense Department historians, McNamara assigned his close aide and Assistant Secretary of Defense
John McNaughton John McNaughton (born January 13, 1950) is an American film and television director, best known for directing the controversial ''Henry: Portrait of a Serial Killer'' (1986) and ''Wild Things (film), Wild Things'' (1998). His works encompass a ...
to collect the papers. McNamara wanted the study done in three months. McNaughton died in a plane crash one month after work began in June 1967, but the project continued under the direction of Defense Department official Les Gelb. Thirty-six analysts—half of them active-duty military officers, the rest academics and civilian federal employees—worked on the study. They worked to produce 47 volumes answering a list of 100 questions that McNamara (via his secretaries) had sent them, which included questions such as "How confident can we be about body counts of the enemy? Were programs to pacify the Vietnamese countryside working? What was the basis of President Johnson's credibility gap? Was
Ho Chi Minh (born ; 19 May 1890 – 2 September 1969), colloquially known as Uncle Ho () among other aliases and sobriquets, was a Vietnamese revolutionary and politician who served as the founder and first President of Vietnam, president of the ...
an Asian Tito? Did the U.S. violate the Geneva Accords on Indochina?" Some of the analysts included Daniel Ellsberg, Morton Halperin, Paul Warnke, future generals Paul F. Gorman and John Galvin, historian Melvin Gurtov, economists Hans Heymann and Richard Moorstein, and future top diplomat Richard Holbrooke, who drafted a volume. The analysts largely used existing files in the
Office of the Secretary of Defense The Office of the Secretary of Defense (OSD) is a headquarters-level staff of the United States Department of Defense. It is the principal civilian staff element of the U.S. Secretary of Defense, and it assists the Secretary in carrying out au ...
. To keep the study secret from others, including National Security Advisor
Walt Rostow Walt Whitman Rostow (; October 7, 1916 – February 13, 2003) was an American economist, professor and political theorist who served as national security advisor to president of the United States Lyndon B. Johnson from 1966 to 1969. Rostow wor ...
, they conducted no interviews or consultations with the armed forces, with the White House, or with other federal agencies. McNamara left the Defense Department in February 1968, and his successor Clark Clifford received the finished study on January 15, 1969, five days before
Richard Nixon Richard Milhous Nixon (January 9, 1913April 22, 1994) was the 37th president of the United States, serving from 1969 until Resignation of Richard Nixon, his resignation in 1974. A member of the Republican Party (United States), Republican ...
's inauguration, although Clifford claimed he never read it. Gelb said in 1991 that he presented the study to McNamara in early 1969, when the latter was president of the
World Bank The World Bank is an international financial institution that provides loans and Grant (money), grants to the governments of Least developed countries, low- and Developing country, middle-income countries for the purposes of economic development ...
, but McNamara did not read it then, and as late as 2018 Gelb did not know if McNamara ever read the study later in his life. The study consisted of 3,000 pages of historical analysis and 4,000 pages of original government documents in 47 volumes, and was classified as "Top Secret – Sensitive". ("Sensitive" is not an official security designation; it meant that access to the study should be controlled.) The task force published 15 copies; the think tank
RAND Corporation The RAND Corporation, doing business as RAND, is an American nonprofit global policy think tank, research institute, and public sector consulting firm. RAND engages in research and development (R&D) in several fields and industries. Since the ...
received two of the copies from Gelb, Morton Halperin and Paul Warnke, with access granted if at least two of the three approved.


Organization and content of the documents

The 47 volumes of the papers were organized as follows: I. Vietnam and the U.S., 1940–1950 (1 Vol.)
:A. U.S. Policy, 1940–50 :B. The Character and Power of the Viet Minh :C. Ho Chi Minh: Asian Tito? II. U.S. Involvement in the Franco–Viet Minh War, 1950–1954 (1 Vol.)
:A. U.S., France and Vietnamese Nationalism :B. Toward a Negotiated Settlement III. The Geneva Accords (1 Vol.)
:A. U.S. Military Planning and Diplomatic Maneuver :B. Role and Obligations of State of Vietnam :C. Viet Minh Position and Sino–Soviet Strategy :D. The Intent of the Geneva Accords IV. Evolution of the War (26 Vols.)
:A. U.S. MAP for Diem: The Eisenhower Commitments, 1954–1960 (5 Vols.) ::1. NATO and SEATO: A Comparison ::2. Aid for France in Indochina, 1950–54 ::3. U.S. and France's Withdrawal from Vietnam, 1954–56 ::4. U.S. Training of Vietnamese National Army, 1954–59 ::5. Origins of the Insurgency :B. Counterinsurgency: The Kennedy Commitments, 1961–1963 (5 Vols.) ::1. The Kennedy Commitments and Programs, 1961 ::2. Strategic Hamlet Program, 1961–63 ::3. The Advisory Build-up, 1961–67 ::4. Phased Withdrawal of U.S. Forces in Vietnam, 1962–64 ::5. The Overthrow of Ngo Dinh Diem, May–Nov. 1963 :C. Direct Action: The Johnson Commitments, 1964–1968 (16 Vols.) ::1. U.S. Programs in South Vietnam, November 1963–April 1965: NSAM 273 – NSAM 288 – Honolulu ::2. Military Pressures Against NVN (3 Vols.) :::a. February–June 1964 :::b. July–October 1964 :::c. November–December 1964 ::3. Rolling Thunder Program Begins: January–June 1965 ::4. Marine Combat Units Go to DaNang, March 1965 ::5. Phase I in the Build-Up of U.S. Forces: March–July 1965 ::6. U.S. Ground Strategy and Force Deployments: 1965–1967 (3 Vols.) :::a. Volume I: Phase II, Program 3, Program 4 :::b. Volume II: Program 5 :::c. Volume III: Program 6 ::7. Air War in the North: 1965–1968 (2 Vols) :::a. Volume I :::b. Volume II ::8. Re-emphasis on Pacification: 1965–1967 ::9. U.S.–GVN Relations (2 Vols.) :::a. Volume 1: December 1963 – June 1965 :::b. Volume 2: July 1965 – December 1967 ::10. Statistical Survey of the War, North and South: 1965–1967 V. Justification of the War (11 Vols.)
:A. Public Statements (2 Vols.) ::Volume I: A – The Truman Administration :::::B – The Eisenhower Administration :::::C – The Kennedy Administration ::Volume II: D – The Johnson Administration :B. Internal Documents (9 Vols.) ::1. The Roosevelt Administration ::2. The Truman Administration: (2 Vols.) :::a. Volume I: 1945–1949 :::b. Volume II: 1950–1952 ::3. The Eisenhower Administration: (4 Vols.) :::a. Volume I: 1953 :::b. Volume II: 1954–Geneva :::c. Volume III: Geneva Accords – 15 March 1956 :::d. Volume IV: 1956 French Withdrawal – 1960 ::4. The Kennedy Administration (2 Vols.) :::Book I :::Book II VI. Settlement of the Conflict (6 Vols.)
:A. Negotiations, 1965–67: The Public Record :B. Negotiations, 1965–67: Announced Position Statements :C. Histories of Contacts (4 Vols.) ::1. 1965–1966 ::2. Polish Track ::3. Moscow–London Track ::4. 1967–1968


Actual objective of the Vietnam War: Containment of China

Although President Johnson stated that the aim of the Vietnam War was to secure an "independent, non-Communist
South Vietnam South Vietnam, officially the Republic of Vietnam (RVN; , VNCH), was a country in Southeast Asia that existed from 1955 to 1975. It first garnered Diplomatic recognition, international recognition in 1949 as the State of Vietnam within the ...
", a January 1965 memorandum by Assistant Secretary of Defense John McNaughton stated that an underlying justification was "not to help friend, but to contain China". On November 3, 1965, Secretary of Defense McNamara sent a memorandum to Johnson, in which he explained the "major policy decisions with respect to our course of action in Vietnam". The memorandum begins by disclosing the rationale behind the bombing of North Vietnam in February 1965: McNamara accused China of harboring imperial aspirations like those of the
German Empire The German Empire (),; ; World Book, Inc. ''The World Book dictionary, Volume 1''. World Book, Inc., 2003. p. 572. States that Deutsches Reich translates as "German Realm" and was a former official name of Germany. also referred to as Imperia ...
,
Nazi Germany Nazi Germany, officially known as the German Reich and later the Greater German Reich, was the German Reich, German state between 1933 and 1945, when Adolf Hitler and the Nazi Party controlled the country, transforming it into a Totalit ...
,
Imperial Japan The Empire of Japan, also known as the Japanese Empire or Imperial Japan, was the Japanese nation state that existed from the Meiji Restoration on January 3, 1868, until the Constitution of Japan took effect on May 3, 1947. From Japan–Kor ...
and the
Soviet Union The Union of Soviet Socialist Republics. (USSR), commonly known as the Soviet Union, was a List of former transcontinental countries#Since 1700, transcontinental country that spanned much of Eurasia from 1922 until Dissolution of the Soviet ...
. According to McNamara, the Chinese were conspiring to "organize all of Asia" against the United States: To encircle the Chinese, the United States aimed to establish "three fronts" as part of a "long-run effort to contain China": However, McNamara admitted that the containment of China would ultimately sacrifice a significant amount of America's time, money and lives.


Internal affairs of Vietnam

Years before the Gulf of Tonkin incident occurred on August 2, 1964, the U.S. government was indirectly involved in Vietnam's affairs by sending advisers or (military personnel) to train the South Vietnamese soldiers: * Under President
Harry S. Truman Harry S. Truman (May 8, 1884December 26, 1972) was the 33rd president of the United States, serving from 1945 to 1953. As the 34th vice president in 1945, he assumed the presidency upon the death of Franklin D. Roosevelt that year. Subsequen ...
, the U.S. government aided
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
in its war against the communist-led
Viet Minh The Việt Minh (, ) is the common and abbreviated name of the League for Independence of Vietnam ( or , ; ), which was a Communist Party of Vietnam, communist-led national independence coalition formed at Pác Bó by Hồ Chí Minh on 19 May 1 ...
during the
First Indochina War The First Indochina War (generally known as the Indochina War in France, and as the Anti-French Resistance War in Vietnam, and alternatively internationally as the French-Indochina War) was fought between French Fourth Republic, France and Việ ...
. * Under President
Dwight D. Eisenhower Dwight David "Ike" Eisenhower (born David Dwight Eisenhower; October 14, 1890 – March 28, 1969) was the 34th president of the United States, serving from 1953 to 1961. During World War II, he was Supreme Commander of the Allied Expeditionar ...
, the U.S. government played a "direct role in the ultimate breakdown of the Geneva settlement" in 1954 by supporting the fledgling South Vietnam and covertly undermining the communist country of North Vietnam. * Under President John F. Kennedy, the U.S. government transformed its policy towards Vietnam from a limited "gamble" to a broad "commitment". * Under President Johnson, the U.S. government began waging covert military operations against communist North Vietnam in defense of South Vietnam.


Role of the United States in the rise of President Diem

In a section of the ''Pentagon Papers'' titled "Kennedy Commitments and Programs", America's commitment to South Vietnam was attributed to the creation of the country by the United States. As acknowledged by the papers: In a sub-section titled "Special American Commitment to Vietnam", the papers emphasized once again the role played by the United States: More specifically, the United States sent US$28.4 million worth of equipment and supplies to help the Diem regime strengthen its army. In addition, 32,000 men from South Vietnam's Civil Guard were trained by the United States at a cost of US$12.7 million. It was hoped that Diem's regime, after receiving a significant amount of U.S. assistance, would be able to withstand the
Viet Cong The Viet Cong (VC) was an epithet and umbrella term to refer to the communist-driven armed movement and united front organization in South Vietnam. It was formally organized as and led by the National Liberation Front of South Vietnam, and ...
. The papers identified General Edward Lansdale, who served in the
Office of Strategic Services The Office of Strategic Services (OSS) was the first intelligence agency of the United States, formed during World War II. The OSS was formed as an agency of the Joint Chiefs of Staff (JCS) to coordinate espionage activities behind enemy lines ...
(OSS) and worked for the
Central Intelligence Agency The Central Intelligence Agency (CIA; ) is a civilian foreign intelligence service of the federal government of the United States tasked with advancing national security through collecting and analyzing intelligence from around the world and ...
(CIA), as a "key figure" in the establishment of Diem as the President of South Vietnam, and the backing of Diem's regime thereafter. As written by Lansdale in a 1961 memorandum: "We (the U.S.) must support Ngo Dinh Diem until another strong executive can replace him legally."


Role of the United States in the overthrow of Diem's regime

According to the ''Pentagon Papers'', the U.S. government played a key role in the 1963 South Vietnamese coup, in which Diem was assassinated. While maintaining "clandestine contact" with Vietnamese generals planning a coup, the U.S. cut off its aid to President Diem and openly supported a successor government in what the authors called an "essentially leaderless Vietnam": As early as August 23, 1963, an unnamed U.S. representative had met with Vietnamese generals planning a coup against Diem. According to ''The New York Times'', this U.S. representative was later identified to be CIA officer Lucien Conein.


Proposed operations

The Director of Central Intelligence, John A. McCone, proposed the following categories of military action: * Category 1 – Air raids on major Viet Cong supply centers, conducted simultaneously by the Republic of Vietnam Air Force and the United States Air Force (codenamed
Farmgate Farmgate is an area in Dhaka, the capital of Bangladesh. It is one of the busiest and most crowded areas of Dhaka city. From the early 1990s, the area has seen a massive construction boom. Consequently, the area has gained commercial importance ...
) * Category 2 – Cross-border raids on major Viet Cong supply centers, conducted by South Vietnamese units and US military advisers. * Category 3 – Limited air strikes on North Vietnamese targets by unmarked planes flown exclusively by non-US aircrews. However, McCone did not believe these military actions alone could lead to an escalation of the situation because the "fear of escalation would probably restrain the Communists". In a memorandum addressed to President Johnson on July 28, 1964, McCone explained: Barely a month after the Gulf of Tonkin incident on August 2, 1964, National Security Advisor
McGeorge Bundy McGeorge "Mac" Bundy (March 30, 1919 – September 16, 1996) was an American academic who served as the U.S. National Security Advisor to Presidents John F. Kennedy and Lyndon B. Johnson from 1961 through 1966. He was president of the Ford Fou ...
warned that further provocations should not be undertaken until October, when the government of South Vietnam (GVN) would become fully prepared for a full-scale war against North Vietnam. In a memorandum addressed to President Johnson on September 8, 1964, Bundy wrote: While maritime operations played a key role in the provocation of North Vietnam, U.S. military officials had initially proposed to fly a
Lockheed U-2 The Lockheed U-2, nicknamed the "''Dragon Lady''", is an American single-engine, high–altitude reconnaissance aircraft operated by the United States Air Force (USAF) and the Central Intelligence Agency (CIA) since the 1950s. Designed for all- ...
reconnaissance aircraft over the country, but this was to be replaced by other plans.


Leak


Ellsberg meets Sheehan

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 Henry Alfred Kissinger (May 27, 1923 – November 29, 2023) was an American diplomat and political scientist who served as the 56th United States secretary of state from 1973 to 1977 and the 7th National Security Advisor (United States), natio ...
, Senators William Fulbright and
George McGovern George Stanley McGovern (July 19, 1922 – October 21, 2012) was an American politician, diplomat, and historian who was a U.S. representative and three-term U.S. senator from South Dakota, and the Democratic Party (United States), Democ ...
, and others, but none were interested. Ellsberg showed some of the documents privately to sympathetic policy experts Marcus Raskin and Ralph Stavins of the
Institute for Policy Studies The Institute for Policy Studies (IPS) is an American Progressivism in the United States, progressive think tank, formed in 1963 and based in Washington, D.C. It was directed by John Cavanagh (economist), John Cavanagh from 1998 to 2021. In 202 ...
. They declined to publish the papers, but passed on some of them to, and recommended he seek ''The New York Times'' reporter Neil Sheehan, whom Ellsberg had first met in Vietnam and was reintroduced to by Raskin and Stavins. After discussing them in February 1971, Ellsberg gave 43 of the volumes to Sheehan on March 2.


Sheehan makes copies

Ellsberg had initially requested that Sheehan only take notes of the study in Ellsberg's apartment; Sheehan disobeyed, frantically copying them in numerous shops in the Boston area at the urging of and with help from his wife Susan Sheehan, and flying with the copies to Washington, where he and an editor there worked in a hotel room at The Jefferson to organize and read them. Editors A. M. Rosenthal and James L. Greenfield had the copies delivered by mail first to Greenfield's apartment, then Greenfield and his wife drove them to multiple rooms at the New York Hilton Midtown, where Sheehan, Rosenthal, Greenfield, deputy foreign editors Gerald Gold and Allan M. Siegal, and a team of three writers Fox Butterfield,
Hedrick Smith Hedrick Smith is a Pulitzer Prize-winning former ''New York Times'' reporter and Emmy award-winning producer and correspondent. After serving 26 years with ''The New York Times'' from 1962-88 as correspondent, editor and bureau chief in both Mos ...
, and E. W. Kenworthy, and researcher Linda Amster worked around the clock to organize and summarize them for publication. Sheehan would also give some copies to the ''Times'' Washington bureau chief Max Frankel, who would then help shepherd the papers into print. 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.


Start of publication

''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.


Entry into the ''Congressional Record''

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 Howard Zinn (August 24, 1922January 27, 2010) was an American historian and a veteran of World War II. He was chair of the history and social sciences department at Spelman College, and a political science professor at Boston University. Zinn ...
and
Noam Chomsky Avram Noam Chomsky (born December 7, 1928) is an American professor and public intellectual known for his work in linguistics, political activism, and social criticism. Sometimes called "the father of modern linguistics", Chomsky is also a ...
, and given directly to Gravel by
Ben Bagdikian Ben-hur Haig Bagdikian (January 30, 1920 – March 11, 2016) was an American journalist, news media critic and commentator, and university professor. An Armenian genocide survivor, he moved to the United States as an infant and began a journalis ...
, the then-national editor of ''
The Washington Post ''The Washington Post'', locally known as ''The'' ''Post'' and, informally, ''WaPo'' or ''WP'', is an American daily newspaper published in Washington, D.C., the national capital. It is the most widely circulated newspaper in the Washington m ...
'' in a June 26 meeting in front of the
Mayflower Hotel The Mayflower Hotel is a historic hotel in downtown Washington, D.C., located on Connecticut Avenue NW. It is two blocks north of Farragut Square and one block north of the Farragut North (Washington Metro), Farragut North Washington Metro, Me ...
at midnight, were smuggled into Gravel's congressional office and guarded zealously by disabled Vietnam veterans beforehand, and subsequently published by
Beacon Press Beacon Press is an American left-wing non-profit book publisher. Founded in 1854 by the American Unitarian Association, it is currently a department of the Unitarian Universalist Association. It is known for publishing authors such as Jame ...
, the publishing arm of the
Unitarian Universalist Association Unitarian Universalist Association (UUA) is a liberal religious association of Unitarian Universalism, Unitarian Universalist congregations. It was formed in 1961 by the consolidation of the American Unitarian Association and the Universalist Ch ...
of Congregations. A federal
grand jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...
was subsequently empaneled to investigate possible violations of federal law in the release of the report. Leonard Rodberg, a Gravel aide, was
subpoena A subpoena (; also subpœna, supenna or subpena) or witness summons is a writ issued by a government agency, most often a court, to compel testimony by a witness or production of evidence under a penalty for failure. There are two common types of ...
ed 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 The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
. That clause provides that "for any Speech or Debate in either House, Senator or Representativeshall 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 Treason is the crime of attacking a state (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...
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 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"; in an interview in 2015, Neil Sheehan described Ellsberg's state of mind at the time as "totally conflicted" between getting the Papers published and not wanting to go to prison.


The Nixon administration's restraint of the media

President Nixon at first planned to do nothing about publication of the study, since it embarrassed the Johnson and Kennedy administrations rather than his; however, Kissinger convinced the president that not opposing the publication set a negative precedent for future secrets. It has also been suggested that Kissinger's previous work with Ellsberg at Rand would damage his standing in Nixon's eyes and that he therefore sought to distance himself from Ellsberg, in addition Kissinger feared that Ellsberg could leak other defense secrets, including nuclear targeting. The administration argued Ellsberg and Russo were guilty of a
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that r ...
under the Espionage Act of 1917, because they had no authority to publish classified documents. After failing to persuade ''The New York Times'' to voluntarily cease publication on June 14,
Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...
John N. Mitchell and Nixon obtained a federal court injunction forcing ''The New York Times'' to cease publication after three articles. ''The New York Times'' publisher
Arthur Ochs Sulzberger Arthur Ochs Sulzberger Sr. (February 5, 1926 – September 29, 2012) was an American publisher and a businessman. Born into a prominent media and publishing family, Sulzberger became publisher of ''The New York Times'' in 1963 and chairman of t ...
said: The newspaper appealed the injunction, and the case '' New York Times Co. v. United States'' quickly rose through the U.S. legal system to the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
. On June 18, 1971, ''The Washington Post'' began publishing its own series of articles based upon the ''Pentagon Papers''; Ellsberg had given portions to ''The Washington Post'' reporter and former RAND Corporation colleague Ben Bagdikian in a Boston-area motel earlier that week. Bagdikian flew with the portions to Washington and physically presented them to executive editor
Ben Bradlee Benjamin Crowninshield Bradlee (, 1921 – , 2014) was an American journalist who served as managing editor and later as executive editor of ''The Washington Post'', from 1965 to 1991. He became a public figure when the ''Post'' joined ''The ...
at the latter's house in the Georgetown neighborhood; Bradlee set up a team of writers, lawyers and editors to hide out in his house and organize the portions. Bagdikian later met with Mike Gravel in front of the Mayflower Hotel on June 26 to give him copies. On June 18, Assistant U.S. Attorney General
William Rehnquist William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American attorney who served as the 16th chief justice of the United States from 1986 until his death in 2005, having previously been an associate justice from 1972 to 1986. ...
asked ''The Washington Post'' to cease publication. After the paper refused, Rehnquist sought an injunction in U.S. district court. Judge Murray Gurfein declined to issue such an injunction, writing that " e security of the Nation is not at the ramparts alone. Security also lies in the value of our free institutions. A cantankerous press, an obstinate press, a ubiquitous press must be suffered by those in authority to preserve the even greater values of freedom of expression and the right of the people to know." The government appealed that decision, and on June 26 the Supreme Court agreed to hear it jointly with ''The New York Times'' case. Fifteen other newspapers received copies of the study and began publishing it. According to Ellsberg in 2017 and 2021, 19 newspapers in total eventually drew on the ''Papers'' for their investigative work; the ''Post'' then-court reporter Sanford J. Ungar wrote in his May 1972 book ''The Papers and The Papers'' that aside from the ''Times'' and the ''Post'', ''
The Boston Globe ''The Boston Globe,'' also known locally as ''the Globe'', is an American daily newspaper founded and based in Boston, Massachusetts. The newspaper has won a total of 27 Pulitzer Prizes. ''The Boston Globe'' is the oldest and largest daily new ...
'' and the '' St. Louis Post-Dispatch'' had also been brought to court by the Nixon administration over coverage of the ''Papers''.


The Supreme Court allows further publication

On June 30, 1971, the Supreme Court decided, 6–3, that the government failed to meet the heavy burden of proof required for
prior restraint Prior restraint (also referred to as prior censorship or pre-publication censorship) is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship ...
injunction. The nine justices wrote nine opinions disagreeing on significant, substantive matters. Thomas Tedford and Dale Herbeck summarized the reaction of editors and journalists at the time:


Legal charges against Ellsberg

Ellsberg surrendered to authorities at the U.S. Attorney's office in Boston on June 28, and admitted that he had given the papers to the press: "I felt that as an American citizen, as a responsible citizen, I could no longer cooperate in concealing this information from the American public. I did this clearly at my own jeopardy and I am prepared to answer to all the consequences of this decision". He was indicted by a grand jury in Los Angeles on charges of stealing and holding secret documents. Federal District Judge William Matthew Byrne, Jr. declared a
mistrial In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, ...
and dismissed all charges against Ellsberg and Russo on May 11, 1973, after it was revealed that agents acting on the orders of the Nixon administration illegally broke into the office of Ellsberg's psychiatrist and attempted to steal files; representatives of the Nixon administration approached the Ellsberg trial judge with an offer of the job of FBI directorship; several irregularities appeared in the government's case including its claim that it had lost records of illegal wiretapping against Ellsberg conducted by the White House Plumbers in the contemporaneous
Watergate scandal The Watergate scandal was a major political scandal in the United States involving the Presidency of Richard Nixon, administration of President Richard Nixon. The scandal began in 1972 and ultimately led to Resignation of Richard Nixon, Nix ...
. Byrne ruled: "The totality of the circumstances of this case which I have only briefly sketched offend a sense of justice. The bizarre events have incurably infected the prosecution of this case." Ellsberg and Russo were freed due to the mistrial; they were not acquitted of violating the Espionage Act. In March 1972, political scientist Samuel L. Popkin, then assistant professor of Government at
Harvard University Harvard University is a Private university, private Ivy League research university in Cambridge, Massachusetts, United States. Founded in 1636 and named for its first benefactor, the History of the Puritans in North America, Puritan clergyma ...
, was jailed for a week for his refusal to answer questions before a grand jury investigating the ''Pentagon Papers'' case, during a hearing before the
Boston Boston is the capital and most populous city in the Commonwealth (U.S. state), Commonwealth of Massachusetts in the United States. The city serves as the cultural and Financial centre, financial center of New England, a region of the Northeas ...
Federal District Court. The Faculty Council later passed a resolution condemning the government's interrogation of scholars on the grounds that "an unlimited right of grand juries to ask any question and to expose a witness to citations for contempt could easily threaten scholarly research". Gelb estimated that ''The New York Times'' only published about five percent of the study's 7,000 pages. The Beacon Press edition was also incomplete. Halperin, who had originally classified the study as secret, obtained most of the unpublished portions under the Freedom of Information Act and the
University of Texas The University of Texas at Austin (UT Austin, UT, or Texas) is a public research university in Austin, Texas, United States. Founded in 1883, it is the flagship institution of the University of Texas System. With 53,082 students as of fall 2 ...
published them in 1983. The
National Security Archive The National Security Archive is a 501(c)(3) non-governmental, non-profit research and archival institution located on the campus of the George Washington University in Washington, D.C. Founded in 1985 to check rising government secrecy, the N ...
published the remaining portions in 2002. The study itself remained formally classified until 2011.


Impact

The ''Pentagon Papers'' revealed that the United States had expanded its war with the bombing of Cambodia and Laos, coastal raids on North Vietnam, and Marine Corps attacks, none of which had been reported by the American media. The most damaging revelations in the papers revealed that four administrations (Truman, Eisenhower, Kennedy, and Johnson) had misled the public regarding their intentions. For example, the Eisenhower administration actively worked against the Geneva Accords. The Kennedy administration knew of plans to overthrow South Vietnamese leader Ngo Dinh Diem before his death in the November 1963 coup. Johnson had decided to expand the war while promising "we seek no wider war" during his 1964 presidential campaign, including plans to bomb North Vietnam well before the
1964 United States presidential election United States presidential election, Presidential elections were held in the United States on November 3, 1964, less than a year following the assassination of John F. Kennedy, who won the previous presidential election. The Democratic Party (U ...
. President Johnson had been outspoken against doing so during the election and claimed that his opponent
Barry Goldwater Barry Morris Goldwater (January 2, 1909 – May 29, 1998) was an American politician and major general in the United States Air Force, Air Force Reserve who served as a United States senator from 1953 to 1965 and 1969 to 1987, and was the Re ...
was the one that wanted to bomb North Vietnam. In another example, a memo from the Defense Department under the Johnson Administration listed the reasons for American persistence: * 70% – To avoid a humiliating U.S. defeat (to our reputation as a guarantor). * 20% – To keep outh Vietnam(and the adjacent) territory from Chinese hands. * 10% – To permit the people f South Vietnamto enjoy a better, freer way of life. * ALSO – To emerge from the crisis without unacceptable taint from methods used. * NOT – To help a friend, although it would be hard to stay in if asked out. Another controversy was that Johnson sent combat troops to Vietnam by July 17, 1965, before pretending to consult his advisors on July 21–27, per the cable stating that " Deputy Secretary of Defense
Cyrus Vance Cyrus Roberts Vance (March 27, 1917January 12, 2002) was an American lawyer and diplomat who served as the 57th United States Secretary of State under President Jimmy Carter from 1977 to 1980. Prior to serving in that position, he was the United ...
informs McNamara that President had approved 34 Battalion Plan and will try to push through reserve call-up." In 1988, when that cable was declassified, it revealed "there was a continuing uncertainty as to ohnson'sfinal decision, which would have to await Secretary McNamara's recommendation and the views of Congressional leaders, particularly the views of Senator ichardRussell." Nixon's
Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...
Erwin N. Griswold later called the ''Pentagon Papers'' an example of "massive overclassification" with "no trace of a threat to the national security". The Pentagon Papers' publication had little or no effect on the ongoing war because they dealt with documents written years before publication. After the release of the ''Pentagon Papers'', Barry Goldwater said: Senator
Birch Bayh Birch Evans Bayh Jr. (; January 22, 1928 – March 14, 2019) was an American politician. A member of the Democratic Party (United States), Democratic Party, he served as a member of United States Senate from 1963 to 1981. He was first elected t ...
, who thought the publishing of the ''Pentagon Papers'' was justified, said: In 1991, Les Gelb said the following: Gelb reflected in 2018 that many people have misunderstood the most important lessons of the ''Pentagon Papers'':


Full release in 2011

On May 4, 2011, the National Archives and Records Administration announced that the papers would be declassified and released to the Richard Nixon Presidential Library and Museum in
Yorba Linda, California Yorba Linda is a suburban city in northeastern Orange County, California, United States, approximately southeast of downtown Los Angeles. It is part of the Los Angeles metropolitan area, and had a population of 68,336 at the 2020 United States ...
, on June 13, 2011. The release date included the Nixon, Kennedy, and Johnson Libraries and the Archives office in College Park, Maryland. The full release was coordinated by the Archives's National Declassification Center (NDC) as a special project to mark the anniversary of the report. There were still eleven words that the agencies having classification control over the material wanted to redact, and the NDC worked with them, successfully, to prevent that redaction. It is unknown which 11 words were at issue and the government has declined requests to identify them, but the issue was made moot when it was pointed out that those words had already been made public, in a version of the documents released by the House Armed Services Committee in 1972. The Archives released each volume of the ''Pentagon Papers'' as a separate PDF file, available on their website.


In films and television


Films

* '' The Pentagon Papers'' (2003), directed by Rod Holcomb and executive produced by Joshua D. Maurer, is a historical film made for FX, in association with
Paramount Television The first incarnation of Paramount Television was operated as the television production division of the American film studio Paramount Pictures, until it changed its name to CBS Paramount Television on January 17, 2006. History Desilu Pro ...
and City Entertainment, about the ''Pentagon Papers'' and Daniel Ellsberg's involvement in their publication. The film chronicles Ellsberg's life, beginning with his work for the RAND Corporation, and ending with the day on which his espionage trial was declared a mistrial by a federal court judge. The film starred
James Spader James Todd Spader (born February 7, 1960; ) is an American actor. He is known for often portraying eccentric and morally ambiguous characters. He began his career in critically acclaimed independent films before transitioning into television, f ...
as Ellsberg, Paul Giamatti as Russo, Alan Arkin as RAND Corporation president Harry Rowen, and Claire Forlani as Patricia Ellsberg. * '' The Most Dangerous Man in America: Daniel Ellsberg and the Pentagon Papers'' (2009) is an Oscar-nominated
documentary film A documentary film (often described simply as a documentary) is a nonfiction Film, motion picture intended to "document reality, primarily for instruction, education or maintaining a Recorded history, historical record". The American author and ...
, directed by Judith Ehrlich and Rick Goldsmith, that follows Ellsberg and explores the events leading up to the publication of the ''Pentagon Papers''. * '' The Post'' (2017) is an historical drama film directed by
Steven Spielberg Steven Allan Spielberg ( ; born December 18, 1946) is an American filmmaker. A major figure of the New Hollywood era and pioneer of the modern blockbuster, Spielberg is widely regarded as one of the greatest film directors of all time and is ...
from a script written by Liz Hannah and Josh Singer about the role ''The Washington Post'' played in the ''Pentagon Papers'' saga. The film stars
Tom Hanks Thomas Jeffrey Hanks (born July 9, 1956) is an American actor and filmmaker. Known for both his comedic and dramatic roles, he is one of the most popular and recognizable film stars worldwide, and is regarded as an American cultural icon. Ha ...
as ''Post'' editor Ben Bradlee and Meryl Streep as ''Post'' publisher Katharine Graham. Daniel Ellsberg is played by Matthew Rhys.


Television

* "On September 13, 2010, ''The New York Times'' Community Affairs Department and POV presented a panel discussion on the ''Pentagon Papers'', Daniel Ellsberg, and the ''Times''. The conversation, featuring Daniel Ellsberg, Max Frankel, former ''The New York Times'' executive editor, and Adam Liptak, ''The New York Times'' Supreme Court reporter, was moderated by Jill Abramson, managing editor of ''The New York Times''" and former Washington bureau chief, marking the 35th anniversary of the Supreme Court ruling. *


See also

* Afghanistan Papers * " Credibility gap" *
Edward Snowden Edward Joseph Snowden (born June 21, 1983) is a former National Security Agency (NSA) intelligence contractor and whistleblower who leaked classified documents revealing the existence of global surveillance programs. Born in 1983 in Elizabeth ...
* Global surveillance disclosures * Israeli retaliation leak * James L. Greenfield * Operation Popeye — U.S. weather modification operation, revealed in the Pentagon Papers * United States diplomatic cables leak *
WikiLeaks WikiLeaks () is a non-profit media organisation and publisher of leaked documents. It is funded by donations and media partnerships. It has published classified documents and other media provided by anonymous sources. It was founded in 2006 by ...
* 2023 Pentagon document leaks


References


Works cited

*


Further reading

* ''The Pentagon Papers: The Defense Department History of United States Decisionmaking on Vietnam''. Boston: Beacon Press. 5 vols. "Senator Gravel Edition"; includes documents not included in government version. & . * Neil Sheehan. ''The Pentagon Papers''. New York:
Bantam Books Bantam Books is an American publishing house owned entirely by parent company Random House, a subsidiary of Penguin Random House; it is an imprint of the Random House Publishing Group. It was formed in 1945 by Walter B. Pitkin Jr., Sidney B. K ...
(1971). . * Daniel Ellsberg. ''Secrets: A Memoir of Vietnam and the Pentagon Papers''. New York:
Viking Vikings were seafaring people originally from Scandinavia (present-day Denmark, Norway, and Sweden), who from the late 8th to the late 11th centuries raided, pirated, traded, and settled throughout parts of Europe.Roesdahl, pp. 9� ...
(2002). . * " Marcus Raskin: For him, ideas were the seedlings for effective action" (obituary of Marcus Raskin), ''
The Nation ''The Nation'' is a progressive American monthly magazine that covers political and cultural news, opinion, and analysis. It was founded on July 6, 1865, as a successor to William Lloyd Garrison's '' The Liberator'', an abolitionist newspaper ...
'', Jan 29. / Feb 5. 2018, pp. 4, 8. Marcus Raskin in 1971, on receiving "from a source (later identified as ...
Daniel Ellsberg Daniel Ellsberg (April 7, 1931June 16, 2023) was an American political activist, economist, and United States military analyst. While employed by the RAND Corporation, he precipitated a national political controversy in 1971 when he released th ...
) 'a mountain of paper' ... that became known as the Pentagon Papers ... ay dhis customary catalytic role ndput Ellsberg in touch with ''The New York Times'' reporter Neil Sheehan ... A longtime passionate proponent of
nuclear disarmament Nuclear disarmament is the act of reducing or eliminating nuclear weapons. Its end state can also be a nuclear-weapons-free world, in which nuclear weapons are completely eliminated. The term ''denuclearization'' is also used to describe the pro ...
, askinwould also serve in the 1980s as chair of the SANE / Freeze campaign." (p. 4.) * * * Sanford J. Ungar. ''The Papers and the Papers: An Account of the Legal and Political Battle Over the Pentagon Papers''. New York: E. P. Dutton (1972). * George C. Herring (ed.) ''The Pentagon Papers: Abridged Edition''. New York:
McGraw-Hill McGraw Hill is an American education science company that provides educational content, software, and services for students and educators across various levels—from K-12 to higher education and professional settings. They produce textbooks, ...
(1993). . * George C. Herring (ed.) ''Secret Diplomacy of the Vietnam War: The Negotiating Volumes of the Pentagon Papers'' (1983). * James Risen, "The secret History:How Neil Sheehan Really Got the ''Pentagon Papers''
online


External links

* The complete, unredacted report. * Complete text with supporting documents, maps, and photos. * a resource site that supports a currently playing docu-drama about the ''Pentagon Papers''. The site provides historical context, time lines, bibliographical resources, information on discussions with current journalists, and helpful links. * (audio/video and transcript). * * Part of WCBS 880's celebration of 40 years of newsradio. * * * * Ellsberg's obituaries in: ** ''The New York Times'': ** the
Associated Press The Associated Press (AP) is an American not-for-profit organization, not-for-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association, and produces news reports that are dist ...
: * '' On the Media'' episode on the ''Pentagon Papers'', Ellsberg and Gelb's roles in them, and the state of Vietnam War reporting: {{Authority control 1967 documents 1968 documents 1969 documents 1971 in American politics Classified documents News leaks Nixon administration controversies Presidential scandals in the United States Reports of the United States government United States documents Vietnam War Whistleblowing in the United States Works subject to a lawsuit Works originally published in The New York Times Historical journalism