Pentagon Papers revisited
NO administration likes leaks. But not since the Nixon administration has the government so aggressively sought to crack down ââ¬â not just on leakers, but on reporters and others who obtain leaked material.
In the latest manifestation of its disregard for First Amendment principles, the administration has used ââ¬â misused, to be more precise ââ¬â a grand jury subpoena to retrieve ââ¬Åany and all copiesââ¬Â of a document, marked ââ¬Åsecret,ââ¬Â obtained by the American Civil Liberties Union. The ACLUââ¬â¢s request that a federal judge quash the subpoena should be granted.
The grand jury is an important tool for prosecutors to investigate wrongdoing ââ¬â not a vacuum cleaner for material the government wishes hadnââ¬â¢t gotten out. The government is seeking to abuse the grand jury process to do an end run around the constitutional prohibition against prior restraint enshrined in the Pentagon Papers case.
In that 1971 ruling, the government wanted to stop the New York Times and The Washington Post from publishing classified documents about the Vietnam War; the Supreme Court said no. What if the government, instead of suing to block publication, had simply issued a grand jury subpoena demanding that the newspapers return the Pentagon Papers? If the ACLU, which advocates and litigates on issues of public policy, can be forced to comply with such a subpoena, news organizations would be similarly at risk.
Why would that be so terrible? Because even in a time of war ââ¬â in fact, especially in a time of war ââ¬â vigorous public debate about controversial policies is essential. An uninformed public canââ¬â¢t conduct such a debate, whether the topic is the CIAââ¬â¢s secret prisons or the warrantless surveillance of telephone calls.
As Justice Potter Stewart wrote in concurring with the Pentagon Papers ruling, ââ¬ÅIn the absence of the governmental checks and balances present in other areas of our national life, the only effective restraint upon executive policy and power in the areas of national defence and international affairs may lie in an enlightened citizenryââ¬Â.
ââ¬â The Washington Post
http://www.dawn.com/2006/12/18/ed.htm#5
NO administration likes leaks. But not since the Nixon administration has the government so aggressively sought to crack down ââ¬â not just on leakers, but on reporters and others who obtain leaked material.
In the latest manifestation of its disregard for First Amendment principles, the administration has used ââ¬â misused, to be more precise ââ¬â a grand jury subpoena to retrieve ââ¬Åany and all copiesââ¬Â of a document, marked ââ¬Åsecret,ââ¬Â obtained by the American Civil Liberties Union. The ACLUââ¬â¢s request that a federal judge quash the subpoena should be granted.
The grand jury is an important tool for prosecutors to investigate wrongdoing ââ¬â not a vacuum cleaner for material the government wishes hadnââ¬â¢t gotten out. The government is seeking to abuse the grand jury process to do an end run around the constitutional prohibition against prior restraint enshrined in the Pentagon Papers case.
In that 1971 ruling, the government wanted to stop the New York Times and The Washington Post from publishing classified documents about the Vietnam War; the Supreme Court said no. What if the government, instead of suing to block publication, had simply issued a grand jury subpoena demanding that the newspapers return the Pentagon Papers? If the ACLU, which advocates and litigates on issues of public policy, can be forced to comply with such a subpoena, news organizations would be similarly at risk.
Why would that be so terrible? Because even in a time of war ââ¬â in fact, especially in a time of war ââ¬â vigorous public debate about controversial policies is essential. An uninformed public canââ¬â¢t conduct such a debate, whether the topic is the CIAââ¬â¢s secret prisons or the warrantless surveillance of telephone calls.
As Justice Potter Stewart wrote in concurring with the Pentagon Papers ruling, ââ¬ÅIn the absence of the governmental checks and balances present in other areas of our national life, the only effective restraint upon executive policy and power in the areas of national defence and international affairs may lie in an enlightened citizenryââ¬Â.
ââ¬â The Washington Post
http://www.dawn.com/2006/12/18/ed.htm#5
