Profile: Daniel Ellsberg
Positions that Daniel Ellsberg has held:
Daniel Ellsberg was a participant or observer in the following events:
South Vietnamese gun boats attack the North Vietnamese island of Hon Me as part of operation OPLAN 34A. Daniel Ellsberg, a Pentagon official working under US Secretary of Defense Robert McNamara, will later describe 34A as a “100 percent US operations, utilizing some South Vietnamese personnel along with… foreign mercenary crews, totally planned and controlled by the US, through MACV [Military Assistance Command Vietnam], CIA and CINCPAC [Commander in Chief, Pacific Fleet]; some people in the GVN [Government of (South) Vietnam] had very limited knowledge of the operations, but no hand in planning or managing them.” [Ellsberg, 2003 Sources: Daniel Ellsberg]
In response to alleged “unprovoked” attacks by North Vietnamese torpedo boats against the USS Maddox on August 2 (see August 2, 1964) and August 4 (see August 4, 1964), Congress passes the Gulf of Tonkin Resolution, authorizing President Johnson to take “all necessary measures to repel any armed attacks against the forces of the United States and to prevent further aggression.” [US Congress, 8/7/1964; Herring, 1986, pp. 122-123] It sails though the House unanimously and in the Senate it meets only the slightest resistance with two dissenting votes. [Herring, 1986, pp. 122-123] When Daniel Ellsberg leaks the Pentagon Papers seven years later, it is revealed that the resolution had been drafted 2 months earlier, well before the alleged incident. [Pilger, 1986, pp. 196]
An exhaustive study of the US’s involvement in Vietnam since 1945 is completed. The study was ordered in early 1967 by then-Defense Secretary Robert S. McNamara, partly to determine how the situation in Southeast Asia had gotten so out of hand. The study, entitled “United States-Vietnam Relations, 1945-1967,” is by the “Vietnam Study Task Force,” led by Leslie H. Gelb, the director of Policy Planning and Arms Control for International Security Affairs at the Pentagon, and comprised of 36 military personnel, historians, and defense analysts from the RAND Corporation and the Washington Institute for Defense Analysis. The study is huge, composed of 47 volumes and spanning 7,000 pages of material. It covers the time from 1945, when Vietnam was under French colonial rule, through the 1968 Tet Offensive. The study conclusively shows that each US administration, from Harry S. Truman through Lyndon B. Johnson, had knowingly and systematically deceived the American people over the US’s involvement and interventions in the region. Historian John Prados will later observe that the study, later dubbed the “Pentagon Papers” after it is leaked by RAND analyst and task force member Daniel Ellsberg (see September 29, 1969 and March 1971), represents “a body of authoritative information, of inside government deliberations that demonstrated, beyond questioning, the criticisms that antiwar activists had been making for years, not only were not wrong, but in fact, were not materially different from things that had been argued inside the US government.” [Moran, 2007]
The Army drops all charges against six Green Berets accused of murdering a South Vietnamese interpreter, Thai Khac Chuyen, accused of being a North Vietnamese collaborator. The Green Berets did indeed murder Chuyen and drop his body in the South China Sea. The CIA, irate at the murder, alerted senior military officials and the Army begins courts-martial proceedings against the six. However, the White House convinces CIA Director Richard Helms not to let any of his agents testify at the trials; without their testimony, the Secretary of the Army, Stanley Resor, decides that the trials cannot continue. White House press secretary Ron Ziegler solemnly informs reporters that “[t]he president had not involved himself either in the original decision to prosecute the men or in the decision to drop the charges against them.” The news horrifies RAND Corporation defense analyst Daniel Ellsberg. He is convinced that President Nixon and his aides were indeed involved in the decision to stop the CIA from testifying in the case. Ellsberg has long known of a secret document detailing the origins of the Vietnam War; one of only fifteen copies of that document resides in a RAND safe. Ellsberg calls his friend Anthony Russo and secures the use of a Xerox copying machine. The two begin secretly making their own copies of the document. When Ellsberg later leaks the document to the press, it becomes known as the “Pentagon Papers” (see March 1971). [Reeves, 2001, pp. 127-132]
Book cover of the Pentagon Papers. [Source: Daniel Ellsberg]The New York Times receives a huge amount of secret Defense Department documents and memos that document the covert military and intelligence operations waged by previous administrations in Vietnam (see January 15, 1969). The documents are leaked by Daniel Ellsberg, a former Defense Department official who worked in counterintelligence and later for the RAND Corporation while remaining an active consultant to the government on Vietnam. Ellsberg, a former aide to Secretary of State and National Security Adviser Henry Kissinger and a member of the task force that produced the Defense Department documents, has, over his tenure as a senior government official, become increasingly disillusioned with the actions of the US in Vietnam. [Herda, 1994] The documents are given to Times reporter Neil Sheehan by Ellsberg (see May 1969). [Bernstein and Woodward, 1974, pp. 313]
Ellsberg Tried to Interest Senators - After he and his friend Anthony Russo had copied the documents (see September 29, 1969), Ellsberg had spent months attempting to persuade several antiwar senators, including William Fulbright (D-AR), Charles Mathias Jr (R-MD), George McGovern (D-SD), and Paul “Pete” McCloskey (R-CA), to enter the study into the public record, all to no avail. But McGovern suggested that Ellsberg provide copies of the documents either to the New York Times or the Washington Post. Ellsberg knew Sheehan in Vietnam, and decided that the Times reporter was his best chance for making the documents public. [Reeves, 2001, pp. 333; Moran, 2007] Ellsberg originally gave copies of the documents—later dubbed the “Pentagon Papers”—to Phil Geyelin of the Washington Post, but the Post’s Katherine Graham and Ben Bradlee decided not to publish any of the documents. Ellsberg then gave a copy to Sheehan.
Documents Prove White House Deceptions - The documents include information that showed former President Dwight D. Eisenhower had made a secret commitment to help the French defeat the insurgents in Vietnam. They also show that Eisenhower’s successor, John F. Kennedy, had used a secret “provocation strategy” to escalate the US’s presence into a full-blown war that eventually led to the infamous Gulf of Tonkin incident. The documents also show that Kennedy’s successor, Lyndon Johnson, had planned from the outset of his presidency to expand the war [Spartacus Schoolnet, 8/2007] , and show how Johnson secretly paved the way for combat troops to be sent to Vietnam, how he had refused to consult Congress before committing both ground and air forces to war, and how he had secretly, and illegally, shifted government funds from other areas to fund the war. Finally, the documents prove that all three presidents had broken Constitutional law in bypassing Congress and sending troops to wage war in Vietnam on their own authority. [Herda, 1994]
Times Publishes Against Legal Advice - The Times will begin publishing them in mid-June 1971 (see June 13, 1971) after putting Sheehan and several other reporters up in the New York Hilton to sift through the mountain of photocopies and the senior editors, publishers, and lawyers argued whether or not to publish such a highly classified set of documents. The management will decide, against the advice of its lawyers, to publish articles based on the documents as well as excerpts from the documents themselves. [Moran, 2007]
Entity Tags: Paul McCloskey, Washington Post, Phil Geyelin, RAND Corporation, New York Times, Johnson administration, Kennedy administration, Charles Mathias, Jr, Ben Bradlee, Anthony Russo, Neil Sheehan, Daniel Ellsberg, Henry A. Kissinger, George S. McGovern, Katharine Graham, J. William Fulbright, US Department of Defense
Timeline Tags: Nixon and Watergate
The New York Times publishes excerpts from a secret Pentagon study leaked by Daniel Ellsberg of the RAND Corporation to journalist Neil Sheehan. Ellsberg had worked in the Pentagon under Secretary of Defense Robert McNamara. The study, later known as the “Pentagon Papers,” had been commissioned by McNamara and completed in 1968. It focused on how policy and tactical decisions had been made during the war. Between 30 and 40 writers and researchers participated in the 40-volume project, producing 3,000 pages of analysis and compiling 4,000 pages of original documents. After the Times publishes its first article on the papers, the US government goes to great lengths to block additional stories. But on June 30, the US Supreme Court rules in a 6-3 decision in favor of the New York Times. [New York Times, 6/13/1971; National Security Archives, 6/29/2001; Vietnam Veterans of America, 4/15/2004] The June 13 Times article reports that the Pentagon Papers included the following conclusions:
“That the Truman Administration decision to give military aid to France in her colonial war against the Communist-led Vietminh ‘directly involved’ the United States in Vietnam and ‘set’ the course of American policy.” [New York Times, 6/13/1971]
“That the Eisenhower Administration’s decision to rescue a fledgling South Vietnam from a Communist takeover and attempt to undermine the new Communist regime of North Vietnam gave the Administration a ‘direct role in the ultimate breakdown of the Geneva settlement’ for Indochina in 1954.” [New York Times, 6/13/1971]
“That the Kennedy Administration, though ultimately spared from major escalation decisions by the death of its leader, transformed a policy of ‘limited-risk gamble,’ which it inherited, into a ‘broad commitment’ that left President Johnson with a choice between more war and withdrawal.” [New York Times, 6/13/1971]
“That the Johnson Administration, though the president was reluctant and hesitant to take the final decisions, intensified the covert warfare against North Vietnam and began planning in the spring of 1964 to wage overt war, a full year before it publicly revealed the depth of its involvement and its fear of defeat.” [New York Times, 6/13/1971]
“That this campaign of growing clandestine military pressure through 1964 and the expanding program of bombing North Vietnam in 1965 were begun despite the judgment of the Government’s intelligence community that the measures would not cause Hanoi to cease its support of the Vietcong insurgency in the South, and that the bombing was deemed militarily ineffective within a few months.” [New York Times, 6/13/1971]
“That these four succeeding administrations built up the American political, military and psychological stakes in Indochina, often more deeply than they realized at the time, with large-scale military equipment to the French in 1950; with acts of sabotage and terror warfare against North Vietnam, beginning in 1954; with moves that encouraged and abetted the overthrow of President Ngo Dinh Diuem of South Vietnam in 1963; with plans, pledges and threats of further action that sprang to life in the Tonkin Gulf clashes in August, 1964; with the careful preparation of public opinion for the years of open warfare that were to follow; and with the calculation in 1965, as the planes and troops were openly committed to sustained combat, that neither accommodation inside South Vietnam nor early negotiations with North Vietnam would achieve the desired result.” [New York Times, 6/13/1971]
The New York Times publishes its third installment of the “Pentagon Papers” (see June 13, 1971 and June 14, 1971). A furious President Nixon demands an immediate court injunction to keep the paper from printing more excerpts. He orders: “I want to know who is behind this and I want the most complete investigation that can be conducted.… I don’t want excuses. I want results. I want it done, whatever the cost.” Secretary of State Henry Kissinger informs Nixon that he believes Daniel Ellsberg, who leaked the documents to the Times, is a “fanatic” and a “drug abuser.” Attorney General John Mitchell says that Ellsberg must be part of a communist “conspiracy” and suggests he be tried for treason. Nixon calls together a group of loyal White House aides to investigate Ellsberg’s leak of classified documents. The group will become known as the “plumbers” for their task to “plug the leaks” (see Late June-July 1971). Other undercover operators, including CIA agent E. Howard Hunt and G. Gordon Liddy, are recruited by White House special counsel Charles Colson. [Herda, 1994]
Entity Tags: Richard M. Nixon, New York Times, John Mitchell, David Young, Daniel Ellsberg, Henry A. Kissinger, Charles Colson, E. Howard Hunt, G. Gordon Liddy, ’Plumbers’, Egil Krogh, Central Intelligence Agency
Timeline Tags: Nixon and Watergate
A federal court, issuing a ruling in the case of New York Times Company v. United States (see June 15, 1971), refuses to order the Times to turn over its copy of the Pentagon Papers for government inspection, saying that it will not authorize a government fishing expedition into the files of any newspaper. [Herda, 1994] The court’s decision is overruled the next day, but by this point it is, for all intents and purposes, too late. The Washington Post prints its second installment and releases the article to the 341 newspapers that subscribe to its national news service. Within hours, newspapers across the country are publishing the Post excerpts. Daniel Ellsberg, who originally leaked the documents to the Times (see March 1971), is secretly traveling around the country, making the documents available to other news outlets. (Ellsberg is so successful at staying hidden that he is interviewed by CBS news anchor Walter Cronkite for a June 23 news special without the FBI being able to find him. Ellsberg will eventually surrender himself to the police (see June 28, 1971).) [Reeves, 2001, pp. 335-336]
President Nixon authorizes the creation of a “special investigations unit,” later nicknamed the “Plumbers,” to root out and seal media leaks. The first target is Daniel Ellsberg, who leaked the Pentagon Papers to the press (see June 13, 1971); the team will burglarize the office of Ellsberg’s psychiatrist, Dr. Lewis Fielding, in hopes of securing information that the White House can use to smear Ellsberg’s character and undermine his credibility (see September 9, 1971). Nixon aide John Ehrlichman, who supervises the “Plumbers,” will later say that the Ellsberg burglary is “the seminal Watergate episode.” Author Barry Werth will later write, “[L]ike all original sins, it held the complete DNA of subsequent misdeeds.” During the upcoming court battle over the documents, Nixon tells his aide Charles Colson: “We’ve got a countergovernment here and we’ve got to fight it. I don’t give a damn how it’s done. Do whatever has to be done to stop those leaks.… I don’t want to be told why it can’t be done.” Whatever damaging information the “Plumbers” can find on Ellsberg will be itself leaked to the press, Nixon says. “Don’t worry about his trial [referring to Ellsberg’s arrest on conspiracy and espionage charges (see June 28, 1971) ]. Just get everything out. Try him in the press… leak it out.” [Werth, 2006, pp. 84-87] As he is wont to do, Nixon refers to his own success in convicting suspected Communist spy Alger Hiss in 1950. “We won the Hiss case in the papers,” he says. “We did. I had to leak stuff all over the place. Because the Justice Department would not prosecute it.… It was won in the papers…. I leaked out the papers. I leaked everything.… I leaked out the testimony. I had Hiss convicted before he ever got to the grand jury.” [Kutler, 1997, pp. 10; Reeves, 2001, pp. 337-338] In July 1973, FBI deputy director W. Mark Felt, the notorious “Deep Throat” (see May 31, 2005) will tell reporter Bob Woodward that Nixon created the Plumbers because the FBI would not do his bidding in regards to Ellsberg. Had the FBI agreed to investigate Ellsberg to the extent Nixon wanted, he would not have created the “Plumbers.” “The problem was that we [the FBI] wouldn’t burglarize” (see June 30-July 1, 1971), Felt will say. Ehrlichman will later testify, “Those fellows were going out as substitutes for the FBI.” [Woodward, 2005, pp. 107]
Nixon aide John Ehrlichman passes on the president’s recommendations to the heads of the “Plumbers,” Egil Krogh and David Young (see July 20, 1971), regarding “Pentagon Papers” leaker Daniel Ellsberg (see Late June-July 1971): “Tell Keogh he should do whatever he considers necessary to get to the bottom of this matter—to learn what Ellsberg’s motives and potential further harmful action might be.” Within days, Keogh and Young will give Ehrlichman a memo detailing the results of investigations into Ellsberg and a dozen of Ellsberg’s friends, family members, and colleagues. The memo also says that the CIA’s psychological profile of Ellsberg is “superficial.” Keogh and Young recommend a covert operation be undertaken to examine the medical files held by Ellsberg’s psychiatrist, Dr. Lewis Fielding (see September 9, 1971). Ehrlichman approves the idea, with the caveat, “If done under your assurance that it is not traceable.” They also suggest that MI5 (British intelligence) wiretaps on Soviet KGB personnel in England in 1952 and 1953, the years when Ellsberg attended Cambridge University, be examined for any mention of Ellsberg. Ehrlichman approves this also. [Reeves, 2001, pp. 352-353]
Nixon aide John Ehrlichman gives a progress report on the activities of the “Plumbers” to the president. “Plumbers” head Egil Krogh has “been spending most of his time on the Ellsberg declassification,” Ehrlichman reports, referring to the probe into “Pentagon Papers” leaker Daniel Ellsberg (see Late June-July 1971). “We had one little operation. It’s been aborted out in Los Angeles, which, I think, is better that you don’t know about. But we’ve got some dirty tricks underway. It may pay off.” The “little” Los Angeles project—designated “Hunt/Liddy Special Project No.1” in Ehrlichman’s notes—is the burglary of the offices of Ellsberg’s psychiatrist, Dr. Lewis Fielding (see September 9, 1971). The “aborted” mission refers to Ehrlichman’s refusal to countenance a second break-in, this time of Fielding’s home. [Reeves, 2001, pp. 368-369]
Eugenio Martinez. [Source: public domain]President Nixon’s “Plumbers” unit, tasked to plug media leaks from administration officials and outsiders to the media, burglarizes the Los Angeles office of psychiatrist Lewis Fielding to find damaging information on Daniel Ellsberg, the former defense analyst and patient of Fielding who leaked the “Pentagon Papers” to the media. [Gerald R. Ford Library and Museum, 7/3/2007] Ellsberg is a former Marine captain in Vietnam and protege of Henry Kissinger who had a change of heart over the war; he then leaked a secret set of Pentagon documents to the New York Times detailing how the Kennedy and Johnson administrations had secretly escalated the war in Vietnam (see June 13, 1971).
Watergate Connection - One of the burglars is Eugenio Martinez, who later is arrested as one of the five Watergate burglars (see 2:30 a.m.June 17, 1972). Martinez and two others—Felipe de Diego and the mission leader, E. Howard Hunt, who will supervise the Watergate burglary—are all old “CIA hands” heavily involved in anti-Castro activities. Martinez is still active in the CIA, as is Hunt, whom he often refers to by his old CIA code name of “Eduardo.” Another Watergate burglar, CIA agent Bernard Barker, is also involved in the Ellsberg burglary.
Martinez: Burglary a Near-Disaster - Hunt tells Martinez and Diego that they are to burglarize the offices of a “traitor” who is spying for the Soviet Union, and that the mission was ordered by the White House, where Hunt is now an aide. Barker tells the Cubans, “We have to find some papers of a great traitor to the United States, who is a son of a b_tch .” The men will become a unit outside the normal law enforcement and intelligence channels, operating within but not part of the CIA, FBI, and “all the agencies,” Martinez will later recall. They buy photographic equipment at Sears, and Hunt and Diego use disguises—wigs, fake glasses, false identification, and voice-altering devices. “Barker recognized the name on Hunt’s false identification—Edward J. Hamilton—as the same cover name Eduardo had used during the Bay of Pigs,” Martinez will recall. The planning, Martinez will recall, is far looser and less meticulous than “anything I was used to in the [CIA].” A disguised Hunt and Diego, masquerading as delivery men, deliver the photographic equipment to the office; later that night, they and Martinez break in and rifle the office. Martinez will write that Hunt and de Diego looked “kind of queerish” in their disguises, with their “Peter Lorre-type glasses, and the funny Dita Beard wigs” (see February 22, 1972). Before the break-in, Barker, who does not enter, whispers to Martinez, “Hey, remember this name—Ellsberg.” Martinez does not recognize the name. [Harper's, 10/1974; Reeves, 2001, pp. 369]
Comedy of Errors - The burglars wait for hours until the cleaning lady leaves for the night, and find the door to the building locked. At that point, a fifth man, “George,” whom Martinez learns is G. Gordon Liddy, another of the Watergate burglars also involved in the Ellsberg planning, appears and tells them to break in through a window. [Harper's, 10/1974] Three burglars—Bernard Barker, Felipe de Diego, and Eugenio Martinez—perform the actual break-in, while Hunt and Liddy act as lookouts. [Reeves, 2001, pp. 369] The burglary is quickly turning into a comedy of errors, Martinez will recall. “This was nothing new. It’s what the Company did in the Bay of Pigs when they gave us old ships, old planes, old weapons. They explained that if you were caught in one of those operations with commercial weapons that you could buy anywhere, you could be said to be on your own. They teach you that they are going to disavow you. The Company teaches you to accept those things as the efficient way to work. And we were grateful. Otherwise we wouldn’t have had any help at all. In this operation it seemed obvious—they didn’t want it to be traced back to the White House. Eduardo told us that if we were caught, we should say we were addicts looking for drugs.” Martinez finds nothing concerning Ellsberg in the office except for Fielding’s telephone book, which Martinez photographs. Before leaving, Martinez spills some pills from Fielding’s briefcase—“vitamin C, I think”—over the floor to make it seem as if the burglars had broken in looking for drugs. As they leave the office, Martinez spots a police car trailing them, but they are not stopped. “I thought to myself that the police car was protecting us. That is the feeling you have when you are doing operations for the government. You think that every step has been taken to protect you.”
Failure; Training for Bigger Mission? - Martinez feels that the burglary is a failure, but Hunt insists that they celebrate anyway. Martinez tells Diego that the break-in must either be a training exercise for a more important mission to come, or it was a cover operation for something else. “I thought to myself that maybe these people already had the papers of Ellsberg. Maybe Dr. Fielding had given them out and for ethical reasons he needed to be covered. It seemed that these people already had what we were looking for because no one invites you to have champagne and is happy when you fail,” he will write. Martinez’s CIA supervisor is strangely uninterested in the incident. “I was certain then that the Company knew about his activities,” Martinez will write. “But once again my CO did not pursue the subject.” [Harper's, 10/1974] Hunt telephones Plumbers supervisor Egil Krogh at 4 a.m. to report that the burglary was a success but they found no files on Ellsberg. [Reeves, 2001, pp. 369]
Entity Tags: ’Plumbers’, Dita Beard, Central Intelligence Agency, E. Howard Hunt, Daniel Ellsberg, Richard M. Nixon, Egil Krogh, Henry A. Kissinger, Eugenio Martinez, Lewis Fielding, Felipe de Diego, Federal Bureau of Investigation, G. Gordon Liddy, Fidel Alejandro Castro Ruz
Timeline Tags: Nixon and Watergate
Frank Wills, the security guard who discovers the taped doors and alerts the DC police. [Source: Bettmann / Corbis]Five burglars (see June 17, 1972) are arrested at 2:30 a.m. while breaking in to the Democratic National Committee (DNC) Headquarters offices in Washington’s Watergate hotel and office complex; the DNC occupies the entire sixth floor. [Washington Post, 6/18/1972; Gerald R. Ford Library and Museum, 7/3/2007]
Discovery - They are surprised at gunpoint by three plainclothes officers of the DC Metropolitan Police. Two ceiling panels have been removed from the secretary’s office, which is adjacent to that of DNC chairman Lawrence O’Brien. It is possible to place a surveillance device above those panels that could monitor O’Brien’s office. The five suspects, all wearing surgical gloves, have among them two sophisticated voice-activated surveillance devices that can monitor conversations and telephone calls alike; lock-picks, door jimmies, and an assortment of burglary tools; and $2,300 in cash, most of it in $100 bills in sequence. They also have a walkie-talkie, a shortwave receiver tuned to the police band, 40 rolls of unexposed film, two 35mm cameras, and three pen-sized tear gas guns. Near to where the men are captured is a file cabinet with two open drawers; a DNC source speculates that the men might have been preparing to photograph the contents of the file drawers.
Guard Noticed Taped Door - The arrests take place after a Watergate security guard, Frank Wills, notices a door connecting a stairwell with the hotel’s basement garage has been taped so it will not lock; the guard removes the tape, but when he checks ten minutes later and finds the lock taped once again, the guard calls the police. The police find that all of the stairwell doors leading from the basement to the sixth floor have been similarly taped to prevent them from locking. The door leading from the stairwell to the DNC offices had been jimmied. During a search of the offices, one of the burglars leaps from behind a desk and surrenders. [Washington Post, 6/18/1972] The FBI agents responding to the burglary are initially told that the burglars may have been attempting to plant a bomb in the offices. The “bomb” turns out to be surveillance equipment. [O.T. Jacobson, 7/5/1974 ]
Last Mission for Martinez - One of the burglars, Cuban emigre and CIA agent Eugenio Martinez, will recall the burglary. They have already successfully burglarized a psychiatrist’s office in search of incriminating material on Pentagon Papers leaker Daniel Ellsberg (see September 9, 1971), and successfully bugged the DNC offices less than a month previously (see May 27-28, 1972), but Martinez is increasingly ill at ease over the poor planning and amateurish behavior of his colleagues (see Mid-June 1972). This will be his last operation, he has decided. Team leader E. Howard Hunt, whom Martinez calls by his old code name “Eduardo,” is obviously intrigued by the material secured from the previous burglary, and wants to go through the offices a second time to find more. Martinez is dismayed to find that Hunt has two operations planned for the evening, one for the DNC and one for the campaign offices of Democratic candidate George McGovern. Former CIA agent and current Nixon campaign security official James McCord (see June 19, 1972), the electronics expert of the team, is equally uncomfortable with the rushed, almost impromptu plan. Hunt takes all of the burglars’ identification and puts it in a briefcase. He gives another burglar, Frank Sturgis, his phony “Edward J. Hamilton” ID from his CIA days, and gives each burglar $200 in cash to bribe their way out of trouble. Interestingly, Hunt tells the burglars to keep the keys to their hotel rooms. Martinez later writes: “I don’t know why. Even today, I don’t know. Remember, I was told in advance not to ask about those things.”
Taping the Doors - McCord goes into the Watergage office complex, signs in, and begins taping the doors to the stairwells from the eighth floor all the way to the garage. After waiting for everyone to leave the offices, the team prepares to enter. Gonzalez and Sturgis note that the tape to the basement garage has been removed. Martinez believes the operation will be aborted, but McCord disagrees; he convinces Hunt and the other team leader, White House aide G. Gordon Liddy, to continue. It is McCord’s responsibility to remove the tape once the burglars are inside, but he fails to do so. The team is well into the DNC offices when the police burst in. “There was no way out,” Martinez will recall. “We were caught.” Barker is able to surreptitiously advise Hunt, who is still in the hotel, that they have been discovered. Martinez will later wonder if the entire second burglary might have been “a set-up or something like that because it was so easy the first time. We all had that feeling.” The police quickly find the burglars’ hotel keys and then the briefcase containing their identification. As they are being arrested, McCord, who rarely speaks and then not above a whisper, takes charge of the situation. He orders everyone to keep their mouths shut. “Don’t give your names,” he warns. “Nothing. I know people. Don’t worry, someone will come and everything will be all right. This thing will be solved.” [Harper's, 10/1974; Spartacus Schoolnet, 8/7/2007]
'Third-Rate Burglary' - White House press secretary Ron Ziegler will respond to allegations that the White House and the Nixon presidential campaign might have been involved in the Watergate burglary by calling it a “third-rate burglary attempt,” and warning that “certain elements may try to stretch this beyond what it is.” [Washington Post, 5/1/1973] The Washington Post chooses, for the moment, to cover it as a local burglary and nothing more; managing editor Howard Simons says that it could be nothing more than a crime committed by “crazy Cubans.” [Bernstein and Woodward, 1974, pp. 19]
CIA Operation? - In the weeks and months to come, speculation will arise as to the role of the CIA in the burglary. The Nixon White House will attempt to pin the blame for the Watergate conspiracy on the CIA, an attempt forestalled by McCord (see March 19-23, 1973). In a 1974 book on his involvement in the conspiracy, McCord will write: “The Watergate operation was not a CIA operation. The Cubans may have been misled by others into believing that it was a CIA operation. I know for a fact that it was not.” Another author, Carl Oglesby, will claim otherwise, saying that the burglary is a CIA plot against Nixon. Former CIA officer Miles Copeland will claim that McCord led the burglars into a trap. Journalist Andrew St. George will claim that CIA Director Richard Helms knew of the break-in before it occurred, a viewpoint supported by Martha Mitchell, the wife of Nixon campaign director John Mitchell, who will tell St. George that McCord is a “double agent” whose deliberate blunders led to the arrest of the burglars. No solid evidence of CIA involvement in the Watergate conspiracy has so far been revealed. [Spartacus Schoolnet, 8/2007]
Entity Tags: Nixon administration, Howard Simons, Lawrence O’Brien, James McCord, Martha Mitchell, Richard M. Nixon, Richard Helms, Washington Post, Ron Ziegler, George S. McGovern, Miles Copeland, G. Gordon Liddy, John Mitchell, Frank Sturgis, Carl Oglesby, Bob Woodward, Andrew St. George, Central Intelligence Agency, Carl Bernstein, Democratic National Committee, Daniel Ellsberg, E. Howard Hunt, Eugenio Martinez, Frank Wills
Timeline Tags: Nixon and Watergate, Elections Before 2000
President Nixon tells a gathering of reporters regarding the Watergate burglary (see 2:30 a.m.June 17, 1972), “The White House has no involvement in this particular incident.” Washington Post reporters Carl Bernstein and Bob Woodward find the phrasing—“this particular incident”—interesting. They have already unearthed numerous connections between the White House and the Watergate burglars, some more tenuous than others, but all pointing to a larger, if indistinct, pattern:
Burglar Frank Sturgis is one of the men who attacked Pentagon Papers leaker Daniel Ellsberg (see March 1971) outside a memorial service for the late FBI Director J. Edgar Hoover in May 1972.
The address book of one of the burglars contains sketches of the hotel rooms to be used by the campaign of Democratic candidate George McGovern during the Democratic National Convention in Miami.
A Miami architect says that burglar Bernard Barker tried to obtain blueprints of the Miami convention hall and its air-conditioning system.
Burglar E. Howard Hunt’s boss at the public relations firm he works for (see June 17, 1972), Robert Bennett, has organized over 100 dummy campaign committees that have been used to funnel millions of dollars into the Nixon re-election campaign.
Burglar James McCord (see 2:30 a.m.June 17, 1972) was carrying an application for college press credentials for the Democratic convention when he was arrested.
Three of the Watergate burglars, all Miami residents, had been in Washington at the same time the offices of some prominent Democratic lawyers in the Watergate had been burgled. [Bernstein and Woodward, 1974, pp. 29]
Ron Ziegler. [Source: San Diego Union Tribune]The White House, the Nixon re-election campaign, and Republican supporters begin publicly attacking the Washington Post over its Watergate coverage.
'Character Assassination' - White House press secretary Ron Ziegler says, when asked about the Watergate conspiracy: “I will not dignify with comment stories based on hearsay, character assassination, innuendo or guilt by association.… The president is concerned about the technique being applied by the opposition in the stories themselves.… The opposition has been making charges which have not been substantiated.” Ziegler later calls the Post reports “a blatant effort at character assassination that I do not think has been witnessed in the political process in some time.”
'Political Garbage' - The chairman of the Republican National Committee, Senator Robert Dole (R-KS) attacks what he calls “political garbage” printed about Watergate: “The Washington Post is conducting itself by journalistic standards that would cause mass resignations on principle from the Quicksilver Times, a local underground newspaper,” and accuses the Post of essentially working for the Democrats. (Six months after his attacks, Dole will say that the credibility of the Nixon administration is “zilch, zero.” Years later, Dole will apologize to Post reporter Bob Woodward for his comments.)
CREEP Accusations - Clark MacGregor, the chairman of the Committee to Re-elect the President (CREEP), holds a press conference to say, “The Post has maliciously sought to give the appearance of a direct connection between the White House and the Watergate—a charge the Post knows—and a half dozen investigations have found—to be false.” (MacGregor fields angry questions from the gathered reporters, some of whom bluntly challenge his credibility and his truthfulness, with stoicism, refusing to answer any of them, and instead sticking with his prepared statement.) MacGregor demands to know why the Post hasn’t investigated apparent campaign “dirty tricks” carried out against the Nixon campaign. Like Dole, MacGregor accuses the Post of collaborating with the Democrats, and even charges that Democratic presidential candidate George McGovern encouraged former defense analyst Daniel Ellsberg to leak the “Pentagon Papers” to the press (see March 1971).
Post Thinks Campaign Orchestrated by White House - Post executive editor Ben Bradlee, examining the statements by Ziegler, Dole, and MacGregor, is certain that the entire attack was orchestrated by the White House and perhaps by President Nixon himself. Bradlee issues a statement saying that everything the Post has reported on Watergate is factual and “unchallenged by contrary evidence.” He tells reporters Carl Bernstein and Bob Woodward that “this is the hardest hardball that has ever been played in this town,” and warns them to keep out of any compromising situations that could be used by the White House to challenge their credibility. After Nixon’s landslide presidential victory (see November 7, 1972), the attacks continue. Senior White House aide Charles Colson says, “The charge of subverting the whole political process, that is a fantasy, a work of fiction rivaling only Gone With the Wind in circulation and Portnoy’s Complaint for indecency.” [Washington Post, 5/1/1973; Bernstein and Woodward, 1974, pp. 161-166; Woodward, 2005, pp. 83-84]
Entity Tags: Robert J. (“Bob”) Dole, Washington Post, Richard M. Nixon, Ron Ziegler, Republican National Committee, George S. McGovern, Bob Woodward, Ben Bradlee, Nixon administration, Carl Bernstein, Clark MacGregor, Daniel Ellsberg, Committee to Re-elect the President, Charles Colson
Timeline Tags: Nixon and Watergate
Attorney General Richard Kleindienst stays up until 5 a.m. going over the evidence surrounding the Watergate burglary with other Justice Department officials. He and Assistant Attorney General Henry Petersen meet with President Nixon, and tell the president that they both believe White House officials as well as officials of his re-election campaign are involved in the cover-up conspiracy. Kleindienst, who along with Petersen will testify to this before the Senate Watergate Committee (see Mid-August, 1973), will recall that Nixon is “dumbfounded”; Petersen’s recollection is that Nixon seems concerned but calm. Kleindienst openly weeps as he discusses the likelihood that his friend and former superior at the Justice Department, former campaign head John Mitchell, may be involved. Kleindienst will testify that Nixon consoles him: “I don’t think since my mother died when I was a young boy that I ever had an event that has consumed me emotionally with such sorrow, and he was very considerate of my feelings.” Petersen urges Nixon to fire both of his senior aides, H. R. Haldeman and John Ehrlichman, because he is certain that their continuation as White House officials will become a “source of vast embarrassment.” Petersen says bluntly that if the Justice Department finds any evidence of Nixon’s own involvement, he will not only resign, but will “waltz it [the information] over to the House of Representatives”—where impeachment proceedings begin. When Petersen asks about Pentagon Papers leaker Daniel Ellsberg (see August 5, 1971), before he can even ask about the burglary of Ellsberg’s psychiatrist’s office (see September 9, 1971), Nixon cuts him off, saying: “I know about that. That is a national security matter. You stay out of that.” [Time, 8/20/1973] Peterson passes along Nixon’s instructions to chief prosecutor Earl Silbert, who accuses Peterson of acting as Nixon’s agent. The two get into a shouting match, and take the dispute to Kleindienst, who informs them that because he is recusing himself from the matter (see April 19, 1973), he cannot settle the issue. [Reeves, 2001, pp. 593]
Entity Tags: Nixon administration, H.R. Haldeman, Earl Silbert, Daniel Ellsberg, Henry Peterson, John Mitchell, Senate Watergate Investigative Committee, John Ehrlichman, Richard Kleindienst, US Department of Justice, Richard M. Nixon
Timeline Tags: Nixon and Watergate
Attorney General Richard Kleindienst meets with President Nixon to tell him that White House counsel John Dean has testified about the White House’s ordering of the Ellsberg break-in (see September 9, 1971). The biggest problem is not the ties to the Watergate burglary, Kleindienst says, but the trial of Daniel Ellsberg now going on in Santa Monica, California (see May 11, 1973). The prosecution must inform the trial judge about the new information, and the judge must decide whether to inform Ellsberg’s lawyers. Nixon tries to claim that the break-in is a matter of national security and must not be divulged, but Kleindienst says it is too late for that, the information will “be out in the street tomorrow or two days from now, a week, and the law clearly dictates that we have to do—it could be another g_ddamn cover-up, you know.… We can’t have another cover-up, Mr. President.” Nixon says, “I don’t want any cover-ups of anything.”
Motive - Dean’s primary motive for divulging this information is his desire for immunity from prosecution, Kleindienst believes. He adds that Deputy Attorney General Henry Peterson has asked about granting Dean immunity: “and he even comes up to the point where a trump card of Dean would be that I’m going to implicate the president—and I told Henry at that point you have to tell Dean to go f_ck himself. You’re not going to blackmail the government of the United States and implicate the president in the Ellsberg matter.” Nixon, depressed and reckless, says that maybe he should just be impeached and removed from office, letting Vice President Spiro Agnew have the presidency. “There’s not going to be anything like that,” Kleindienst assures Nixon.
Details of Testimony - Nixon also grills Peterson about Dean’s testimony, and learns that Dean has divulged his knowledge of the destruction of key evidence by FBI chief L. Patrick Gray (see Late December 1972 and April 27-30, 1973)—Gray denies destroying the evidence, claiming Dean is lying. Nixon says Gray has to resign. Peterson says he will not give in to Dean on any attempt to blackmail his way into an immunity agreement; Nixon agrees, comparing it to the stories of paying Watergate burglar E. Howard Hunt “hush money” (see June 20-21, 1972)—“I would never approve the payoff of Hunt,” Nixon assures Peterson. Nixon ends the conversation by asking Peterson for the details of any upcoming case against chief of staff H. R. Haldeman. Peterson agrees to give him that information. [Reeves, 2001, pp. 595-598]
US District Court Judge W. M. Byrne, Jr dismisses all charges against “Pentagon Papers” leaker Daniel Ellsberg (see March 1971) and Ellsberg’s co-defendant, Anthony Russo. [New York Times, 5/11/1973] Byrne was shocked to learn that Watergate burglars G. Gordon Liddy and E. Howard Hunt had supervised the burglary of the office of Ellsberg’s psychiatrist (see September 9, 1971). The source of the information was probably White House counsel John Dean. [Bernstein and Woodward, 1974, pp. 307] Initially, government prosecutors had insisted that Ellsberg had never been wiretapped, but FBI director William Ruckelshaus found that Ellsberg had indeed been recorded, during a conversation with former Kissinger aide Morton Halperin, who had been wiretapped (see June 19, 1972). Ruckelshaus tells the court that Halperin had been monitored for 21 months. It is the first public acknowledgement that the Nixon administration had used wiretaps against its political enemies (see June 27, 1973). Additionally, the government had broken the law when it failed to disclose the wiretap to Ellsberg’s defense lawyers. [Bernstein and Woodward, 1974, pp. 313] Byrne cites “improper government conduct shielded so long from public view” and an array of governmental misconduct in dismissing the charges. “The conduct of the government has placed the case in such a posture that it precludes the fair, dispassionate resolution of these issues by a jury,” Byrne rules. Ellsberg and Russo were charged with theft, conspiracy, and fraud in the case. The government’s actions in attempting to prosecute Ellsberg and Russo “offended a sense of justice,” he says. One of the governmental actions that Byrne decries was the wiretapping of Ellsberg’s telephone conversations by the FBI in 1969 and 1970, and the subsequent destruction of the tapes and surveillance logs of those conversations. Byrne is also disturbed by the burglary of the offices of Ellsberg’s psychiatrist by government agents (see June 30-July 1, 1971 and September 9, 1971), and the apparent involvement of the FBI and the CIA in the prosecution of the case at the “request of the White House.” Referring to the burglary, Byrne says, “We may have been given only a glimpse of what this special unit did.” After the trial, Ellsberg is asked if he would disclose the Pentagon documents again, and he replies, “I would do it tomorrow, if I could do it.” [New York Times, 5/11/1973]
Washington Post headline from Dean story. [Source: Washington Post]Former White House counsel John Dean has told Watergate investigators that he discussed the Watergate cover-up with President Nixon at least 35 times [Gerald R. Ford Library and Museum, 7/3/2007] between January and April of 1973, according to sources quoted by the Washington Post. Dean plans on testifying to his assertions in the Senate Watergate hearings (see May 17-18, 1973), whether or not he is granted immunity from prosecution. He will also allege that Nixon himself is deeply involved with the Watergate cover-up. Nixon had prior knowledge of payments used to buy the silence of various Watergate conspirators, and knew of offers of executive clemency for the conspirators issued in his name. Dean has little solid evidence besides his own personal knowledge of events inside the White House.
Haldeman, Ehrlichman, Nixon Central Figures in Cover-Up - Dean will testify that two of Nixon’s closest aides, H. R. Haldeman and John Ehrlichman (see April 30, 1973), were also present at many of the meetings where the cover-up was discussed in Nixon’s presence. The White House, and Haldeman and Ehrlichman, have tried to portray Dean as the central figure in the Watergate conspiracy, and the Justice Department says there is ample evidence to indict Dean for a number of crimes related to the cover-up. Dean and his supporters paint Dean as a White House loyalist who merely did what he was told, until he began agonizing over the effect Watergate was having on Nixon. Dean alleges that Nixon asked him how much the seven Watergate defendants (see June 17, 1972) would have to be paid to ensure their silence, aside from the $460,000 already paid out; when Dean replied that the cost would be around $1 million, Nixon allegedly replied that such a payoff would be no problem. Dean has told investigators that later Nixon insisted he had been merely “joking” about the payoff. Dean says by that time—March 26—Nixon knew that Dean would be cooperating with the Watergate investigation, and that he believes Nixon was trying to retract the statement for his own legal well-being.
Pressured to Confess - Dean has also testified that Nixon tried to force him to sign a letter of resignation that would have amounted to a confession that Dean had directed the Watergate cover-up without the knowledge of Nixon, Haldeman, or Ehrlichman. When Dean refused to sign, he says, Nixon warned him “in the strongest terms” never to reveal the Nixon administration’s covert activities and plans. Dean also says that Nixon personally directed the White House’s efforts to counterattack the press over Watergate (see October 16-November, 1972). Until January 1, Dean has told investigators, he usually reported to Haldeman and Ehrlichman regarding his Watergate-related activities, but after that date Nixon began taking more of an active role in dealing with Dean, and gave Dean direct orders on handling the cover-up.
Reliable Witness - Dean has so far met eight times with the Watergate prosecutors, and twice with the chief legal counsel of the Senate Watergate committee, Samuel Dash. Dash and the prosecutors find Dean a compelling and believable witness. “[E]verything we have gotten from Dean that we were able to check out has turned out to be accurate,” says one Justice Department source. Dean says he tried without success to obtain records that would support his allegations in his final days in the White House, and believes that many of those records may have been destroyed by now. Dean did manage to remove some secret documents before his firing, documents that prompted Nixon to recently admit to “covert activities” surrounding Watergate. Dean’s information has already led to the revelation of the burglary of the office of Pentagon Papers leaker Daniel Ellsberg (see September 9, 1971), and to the resignation of FBI director L. Patrick Gray after Gray was found to have destroyed evidence taken from the safe of Watergate burglar E. Howard Hunt (see June 28, 1972). [Washington Post, 6/3/1973]
Entity Tags: L. Patrick Gray, E. Howard Hunt, Daniel Ellsberg, H.R. Haldeman, John Ehrlichman, Samuel Dash, Washington Post, Richard M. Nixon, Senate Watergate Investigative Committee, Nixon administration, John Dean
Timeline Tags: Nixon and Watergate
Watergate investigators find a memo addressed to John Ehrlichman detailing plans to burglarize the office of Daniel Ellsberg’s psychiatrist (see September 9, 1971). The one-page memo was sent to Ehrlichman by former White House aides David Young and Egil “Bud” Krogh, and was dated before the September 3, 1971 burglary. The memo was given to investigators by Young, who has been granted immunity from prosecution in return for his cooperation. Young, says Justice Department sources, will testify that Ehrlichman saw the memo and approved the burglary operation. Ehrlichman, through his attorney, denies any advance knowledge of the burglary. Young and Krogh directed the day-to-day operations of the so-called “Plumbers,” a group of White House and Nixon campaign operatives charged with stopping media leaks. Krogh has testified in an affidavit that he was given “general authorization to engage in covert activity” to obtain information on Ellsberg by Ehrlichman. Krogh won Senate confirmation as an undersecretary in the Department of Transportation, but has since resigned his post. Young was a member of the National Security Council and a former appointments secretary to National Security Adviser Henry Kissinger; he resigned in April. [Washington Post, 6/13/1973]
White House special counsel Richard Moore, who testifies to the Senate Watergate Committee before former White House aide Alexander Butterfield admits to the existence of a secret White House taping system (see July 13-16, 1973), insists that it is his “firm conviction” that President Nixon knew nothing of the cover-up of the Watergate conspiracy until March 21, 1973 (see March 21, 1973). Moore recalls an April 19 conversation with Nixon, in which Nixon allegedly said that then-White House counsel John Dean had told Nixon of the cover-up on March 21. According to Moore, Dean also told Nixon about the demands for “hush money” from convicted Watergate burglar E. Howard Hunt to keep Hunt quiet about his knowledge of the burglary of the office of Daniel Ellsberg’s psychiatrist (see September 9, 1971). Terry Lenzner, one of the committee’s lawyers, reads White House log summaries made by Republican committee counsel Fred Thompson, summaries that have been verified as accurate by White House officials. Moore refuses to acknowledge that those log summaries are accurate reflections of conversations held by Nixon. Moore says that he had concluded on March 20 that Nixon “could not be aware of the things that Mr. Dean was worried about,” including the cover-up and the potential of it being publicly revealed. Lenzner asks: “Mr. Moore, do you agree now that your understanding of the president’s information and knowledge was basically incorrect. That he did, in fact, have information at that meeting… on March 20 concerning [Gordon] Strachan [an aide to Chief of Staff H. R. Haldeman] and also possible involvement in Watergate and also involving the Ellsberg break-in?” Moore replies: “You have heard my statement on that, of course, that [Nixon] did not, that it was my judgment that he did not. I know of nothing to change that.” Dean has testified that on March 13 he told Nixon of Strachan’s possible involvement with the cover-up, and on March 17 he told Nixon of the Ellsberg break-in, testimony substantiated by the White House log summaries. Moore suggests that the committee ask someone who was at those meetings. Moore’s testimony will be proven false by the so-called “Nixon tapes.” [Washington Post, 7/17/1973]
Entity Tags: H.R. Haldeman, Daniel Ellsberg, Alexander Butterfield, E. Howard Hunt, Gordon Strachan, Nixon administration, Senate Watergate Investigative Committee, John Dean, Fred Thompson, Richard Moore, Richard M. Nixon, Terry Lenzner
Timeline Tags: Nixon and Watergate
Egil “Bud” Krogh, the former White House aide who helped coordinate the “Plumbers” (see March 20, 1971), pleads guilty to violating the civil rights of Dr. Lewis Fielding. The “Plumbers” broke into Fielding’s office to try to find incriminating evidence against one of Fielding’s clients, Daniel Ellsberg (see September 9, 1971). Krogh will serve six months in jail of an original two-to-six-year sentence. [O.T. Jacobson, 7/5/1974 ] Krogh said during the trial, “I now feel that the sincerity of my motivation cannot justify what was done, and that I cannot in conscience assert national security as a defense.” [Harper's, 10/1974]
Former White House aides John Ehrlichman, Charles Colson, and G. Gordon Liddy, and three Cuban-Americans, including two of the convicted Watergate burglars (see January 8-11, 1973), Bernard Barker and Eugenio Martinez, are charged with planning and executing the burglary of the offices of Dr. Lewis Fielding, Pentagon Papers leaker Daniel Ellsberg’s psychiatrist (see September 9, 1971). Colson will quickly reach a plea-bargain agreement, promise to cooperate with the prosecution, plead guilty to one count of obstruction of justice, and serve approximately seven months in prison. [Bernstein and Woodward, 1974, pp. 335; Billy Graham Center, 12/8/2004] He will also be disbarred. In the guilty plea agreement, Colson admits to having devised “a scheme to obtain derogatory information about Daniel Ellsberg,” who himself was facing criminal charges relating to the Pentagon Papers leak. Colson wanted to smear Ellsberg’s reputation in the media, in essence having Ellsberg “tried in the newspapers” even though this would have an “adverse effect on his right to a fair trial.” Colson also admits to having written a “scurrilous and libelous memorandum” about one of Ellsberg’s attorneys. He does not admit to actually taking part in the planning of the Fielding burglary. [Time, 6/17/1974] In 2006, White House counsel John Dean will write that Colson’s promise of cooperation is virtually worthless: “[I]n the end he proved to be utterly useless as a government witness, since the government could not vouch for his honesty.” [Dean, 2006, pp. xxiii]
G. Gordon Liddy, one of the “Plumbers,” is convicted of an array of crimes related to the Ellsberg break-in (see September 9, 1971), and is sentenced from six to twenty years in prison. He faces concurrent charges of violating the civil rights of Ellsberg’s psychiatrist, Dr. Lewis Fielding (see March 7, 1974). [O.T. Jacobson, 7/5/1974 ]
Former Nixon White House aide Charles Colson, later described by reporter David Plotz as “Richard Nixon’s hard man, the ‘evil genius’ of an evil administration,” is sentenced to jail after pleading guilty (see March 7, 1974) to taking part in the plan to break into Daniel Ellsberg’s psychiatrist’s office (see September 9, 1971) and interfering with Ellsberg’s trial (see June 28, 1971). Colson also, according to Watergate historian Stanley Kutler, tried to hire Teamster thugs to beat up antiwar demonstrators, and plotted to either raid or firebomb the Brookings Institution (see June 8-9, 1973). Colson will serve seven months in jail (see September 3, 1974). [Slate, 3/10/2000] Colson tells the court: “I shall be cooperating with the prosecutor, but that is not to say that the prosecutor has bargained for my testimony, that there is any quid pro quo: there was not. I reached my own conclusion that I have a duty to tell everything I know about these important issues, and a major reason for my plea was to free me to do so.” Colson’s testimony against Richard Nixon is damning, as he tells the court Nixon had “on numerous occasions urged me to disseminate damaging information about Daniel Ellsberg.” Vice President Ford defends Nixon, saying, “There’s a big difference between telling Chuck Colson to smear Ellsberg and ordering—or allegedly ordering—a break-in.” Colson will later become a born-again Christian evangelist, and found an influential prison ministry. [Slate, 3/10/2000; Werth, 2006, pp. 273-274]
1974 New York Times headline. [Source: New York Times]The Central Intelligence Agency (CIA) has repeatedly, and illegally, spied on US citizens for years, reveals investigative journalist Seymour Hersh in a landmark report for the New York Times. Such operations are direct violations of the CIA’s charter and the law, both of which prohibit the CIA from operating inside the United States. Apparently operating under orders from Nixon officials, the CIA has conducted electronic and personal surveillance on over 10,000 US citizens, as part of an operation reporting directly to then-CIA Director Richard Helms. In an internal review in 1973, Helms’s successor, James Schlesinger, also found dozens of instances of illegal CIA surveillance operations against US citizens both past and present (see 1973). Many Washington insiders wonder if the revelation of the CIA surveillance operations tie in to the June 17, 1972 break-in of Democratic headquarters at Washington’s Watergate Hotel by five burglars with CIA ties. Those speculations were given credence by Helms’s protests during the Congressional Watergate hearings that the CIA had been “duped” into taking part in the Watergate break-in by White House officials.
Program Beginnings In Dispute - One official believes that the program, a successor to the routine domestic spying operations during the 1950s and 1960s, was sparked by what he calls “Nixon’s antiwar hysteria.” Helms himself indirectly confirmed the involvement of the Nixon White House, during his August 1973 testimony before the Senate Watergate investigative committee (see August 1973).
Special Operations Carried Out Surveillance - The domestic spying was carried out, sources say, by one of the most secretive units in CI, the special operations branch, whose employees carry out wiretaps, break-ins, and burglaries as authorized by their superiors. “That’s really the deep-snow section,” says one high-level intelligence expert. The liaison between the special operations unit and Helms was Richard Ober, a longtime CI official. “Ober had unique and very confidential access to Helms,” says a former CIA official. “I always assumed he was mucking about with Americans who were abroad and then would come back, people like the Black Panthers.” After the program was revealed in 1973 by Schlesinger, Ober was abruptly transferred to the National Security Council. He wasn’t fired because, says one source, he was “too embarrassing, too hot.” Angleton denies any wrongdoing.
Supposition That Civil Rights Movement 'Riddled' With Foreign Spies - Moscow, who relayed information about violent underground protesters during the height of the antiwar movement, says that black militants in the US were trained by North Koreans, and says that both Yasser Arafat, of the Palestinian Liberation Organization, and the KGB were involved to some extent in the antiwar movement, a characterization disputed by former FBI officials as based on worthless intelligence from overseas. For Angleton to make such rash accusations is, according to one member of Congress, “even a better story than the domestic spying.” A former CIA official involved in the 1969-70 studies by the agency on foreign involvement in the antiwar movement says that Angleton believes foreign agents are indeed involved in antiwar and civil rights organizations, “but he doesn’t know what he’s talking about.”
'Cesspool' of Illegality Distressed Schlesinger - According to one of Schlesinger’s former CIA associates, Schlesinger was distressed at the operations. “He found himself in a cesspool,” says the associate. “He was having a grenade blowing up in his face every time he turned around.” Schlesinger, who stayed at the helm of the CIA for only six months before becoming secretary of defense, informed the Department of Justice (DOJ) about the Watergate break-in, as well as another operation by the so-called “plumbers,” their burglary of Daniel Ellsberg’s psychiatrist’s office after Ellsberg released the “Pentagon Papers” to the press. Schlesinger began a round of reforms of the CIA, reforms that have been continued to a lesser degree by Colby. (Some reports suggest that CIA officials shredded potentially incriminating documents after Schlesinger began his reform efforts, but this is not known for sure.) Intelligence officials confirm that the spying did take place, but, as one official says, “Anything that we did was in the context of foreign counterintelligence and it was focused at foreign intelligence and foreign intelligence problems.”
'Huston Plan' - But the official also confirms that part of the illegal surveillance was carried out as part of the so-called “Huston plan,” an operation named for former White House aide Tom Charles Huston (see July 26-27, 1970) that used electronic and physical surveillance, along with break-ins and burglaries, to counter antiwar and civil rights protests, “fomented,” as Nixon believed, by so-called black extremists. Nixon and other White House officials have long denied that the Huston plan was ever implemented. “[O]bviously,” says one government intelligence official, the CIA’s decision to create and maintain dossiers on US citizens “got a push at that time.…The problem was that it was handled in a very spooky way. If you’re an agent in Paris and you’re asked to find out whether Jane Fonda is being manipulated by foreign intelligence services, you’ve got to ask yourself who is the real target. Is it the foreign intelligence services or Jane Fonda?” Huston himself denies that the program was ever intended to operate within the United States, and implies that the CIA was operating independently of the White House. Government officials try to justify the surveillance program by citing the “gray areas” in the law that allows US intelligence agencies to encroach on what, by law, is the FBI’s bailiwick—domestic surveillance of criminal activities—when a US citizen may have been approached by foreign intelligence agents. And at least one senior CIA official says that the CIA has the right to engage in such activities because of the need to protect intelligence sources and keep secrets from being revealed.
Surveillance Program Blatant Violation of Law - But many experts on national security law say the CIA program is a violation of the 1947 law prohibiting domestic surveillance by the CIA and other intelligence agencies. Vanderbilt University professor Henry Howe Ransom, a leading expert on the CIA, says the 1947 statute is a “clear prohibition against any internal security functions under any circumstances.” Ransom says that when Congress enacted the law, it intended to avoid any possibility of police-state tactics by US intelligence agencies; Ransom quotes one Congressman as saying, “We don’t want a Gestapo.” Interestingly, during his 1973 confirmation hearings, CIA Director Colby said he believed the same thing, that the CIA has no business conducting domestic surveillance for any purpose at any time: “I really see less of a gray area [than Helms] in that regard. I believe that there is really no authority under that act that can be used.” Even high-level government officials were not aware of the CIA’s domestic spying program until very recently. “Counterintelligence!” exclaimed one Justice Department official upon learning some details of the program. “They’re not supposed to have any counterintelligence in this country. Oh my God. Oh my God.” A former FBI counterterrorism official says he was angry upon learning of the program. “[The FBI] had an agreement with them that they weren’t to do anything unless they checked with us. They double-crossed me all along.” Many feel that the program stems, in some regards, from the long-standing mistrust between the CIA and the FBI. How many unsolved burglaries and other crimes can be laid at the feet of the CIA and its domestic spying operation is unclear. In 1974, Rolling Stone magazine listed a number of unsolved burglaries that its editors felt might be connected with the CIA. And Senator Howard Baker (R-TN), the vice chairman of the Senate Watergate investigative committee, has alluded to mysterious links between the CIA and the Nixon White House. On June 23, 1972, Nixon told his aide, H.R. Haldeman, “Well, we protected Helms from a hell of a lot of things.” [New York Times, 12/22/1974 ]
Entity Tags: US Department of Justice, William Colby, Seymour Hersh, Rolling Stone, Richard Ober, Tom Charles Huston, Richard M. Nixon, Daniel Ellsberg, Federal Bureau of Investigation, Richard Helms, Central Intelligence Agency, Black Panthers, Howard Baker, James Angleton, New York Times, H.R. Haldeman, KGB, James R. Schlesinger, Jane Fonda, Henry Howe Ransom
Timeline Tags: Civil Liberties, Nixon and Watergate
Former Nixon White House aide John Ehrlichman reviews his former colleague H. R. Haldeman’s new book about Watergate, The Ends of Power (see February 1978). Ehrlichman is dismissive of the book, calling it “full of… dramatic hyperbole, overstatement and stereotype[s]…” Ehrlichman says some passages in the book are “full of poison [and] factual errors which impeach its substance.” He writes: “Four or five times the reader is told that Bob Haldeman is a direct, unvarnished, no-nonsense b_stard who always tells it like it is. That is the Haldeman I remember. But time after time, the accounts of Watergate events in his book are couched in the vague terms of the diplomat who is walking on eggs.” Ehrlichman writes of his surprise to learn that Nixon probably ordered the burglary of “Pentagon Papers” leaker Daniel Ellsberg’s psychiatrist’s office (see September 9, 1971), though he notes that Nixon “instantly voiced his approval of it” when Ehrlichman told him of the impending operation (see September 8, 1971). Ehrlichman accuses Haldeman of misquoting him, and sometimes making up statements supposedly said by Ehrlichman out of whole cloth. Ehrlichman concludes: “With all its factual inaccuracies, the book does give valid and important insights to anyone interested in the Nixon mystery. Unfortunately, these revelations are unduly restrained and limited in scope. Bob Haldeman was in a unique position to write a truly valuable book about Richard Nixon. I hope that The Ends of Power is not his last word. [Time, 3/6/1978] A Time magazine article calls it “a second-rate book.” [Time, 3/6/1978]
John Ehrlichman. [Source: PBS]After years of protracted legal wrangling, selected portions of former President Richard Nixon’s secret White House recordings (see July 13-16, 1973) are made public. In a January 2, 1997 panel discussion on PBS, two former Nixon aides, John Ehrlichman and Monica Crowley, and former New York Times reporter Tom Wicker, discuss the content and dissemination of the tapes. All three have listened to the released portions of the tapes, currently housed at the National Archives.
Context - Ehrlichman complains that the selections lack context: “The archivist has snipped little tiny segments, in some cases six or eight seconds, and you don’t know what was said before or after. And it’s tough on a listener.… I think there could be a lot more context given. What they’ve done is try and select out the things that embodied abuses of government power under their regulations, and that’s what they’re giving you.” Wicker says it is hard to know when Nixon’s “popping off” about this or that supposed enemy was ever acted upon and when his instructions to “get” a particular person were ignored. Crowley says: “I think all presidents say things in the heat of disappointment, frustration, anger, even fatigue, that they never intend to have acted upon. And Nixon’s rantings have become a lightning rod for criticism because we can hear his but we can’t hear those of other presidents.”
Brookings Institution Burglary Halted - Ehrlichman explains why Nixon’s 1972 order to burglarize the Brookings Institution (see June 30-July 1, 1971) was never carried out: “because I shot it down.… I tracked down who had followed up—who was proposing to do this thing and I told ‘em to stop. It sounded ridiculous to me. So that was the end of it.”
Comparison of Ellsberg and Hiss - Ehrlichman says that, listening to the tapes, it seems as if Nixon was comparing Daniel Ellsberg, who leaked the notorious “Pentagon Papers” (see June 13, 1971), to his “Communist” nemesis of the 1950s, Alger Hiss. Hiss, prosecuted by Nixon for allegedly selling US intelligence to the Soviet Union, helped Nixon vault to national prominence. Ehrlichman now says Nixon seemed to hope that Ellsberg could provide him with another, similar boost to his political stature before the 1972 presidential elections. In general, Ehrlichman says, Nixon was “very sensitive” to press leaks, especially those that he considered a threat to national security, and “his reaction in some cases was pretty extreme.”
Mentions of Jews - Ehrlichman goes on to address Nixon’s well-documented diatribes against Jews (see September 1971), and says that such outbursts were not confined to Jews: another day “it was major Italian donors to the Democrats, and [the next] it would be black contributors.… He broke it down along ethnic lines. He broke it down along socioeconomic lines. I wouldn’t put too much emphasis on the fact that he was talking about Jewish people in this particular segment.” Wicker says the tapes largely confirm the public impression of Nixon as a “dark… evil man” because of his blatant orders of criminal behavior and his rampant ethnic slurs. [PBS, 1/2/1997]
Katharine Gun. [Source: BBC]Katharine Gun, a 29-year old translator for British intelligence’s Government Communications Headquarters (GCHQ), leaks the National Security Agency memo documenting the NSA’s electronic and physical surveillance of numerous UN delegates to the Security Council (see January 31, 2003). Gun will be arrested on March 8 and charged with violating the Official Secrets Act (see March 9, 2003). Gun leaks the memo, [BBC, 9/15/2004] written by the NSA’s Frank Koza and sent to several US allies via its ECHELON global surveillance system, to Britain’s Observer, which spends weeks verifying the document’s veracity before running the story on March 2. Former NSA intelligence officer Wayne Madsen, now of the Electronic Privacy Information Center, says the leak illustrates the deep unhappiness among several US allies’ intelligence agencies over US and British attempts to allege ties between Iraq and al-Qaeda. “My feeling is that this was an authorized leak,” Madsen says. “I’ve been hearing for months of people in the US and British intelligence community who are deeply concerned about their governments ‘cooking’ intelligence to link Iraq to al-Qaeda.’ While surveillance of delegates and other officials at the UN is a violation of the Vienna Convention on Diplomatic Relations, [Observer, 3/9/2003] intelligence experts acknowledge that the US and other nations routinely conduct at least some sort of surveillance on UN members. “One would have to have the innocence of an unborn child to believe that espionage doesn’t go on every day at the United Nations,” says one such expert, Loch Johnson. “From a purist point of view, it’s unfortunate in a way, because after all, we’re the host nation for the United Nations. But the reality is, Europeans and everyone else engages in espionage in New York City, much of it focused on the United Nations.” Experts say what is unprecedented is the leak itself, especially in its timeliness and detail. [Baltimore Sun, 3/4/2003]
Vietnam-era whistleblower Daniel Ellsberg, who leaked the so-called “Pentagon Papers” to the New York Times, writes in January 2004, “I can only admire the more timely, courageous action of Katherine Gun…who risked her career and freedom to expose an illegal plan to win official and public support for an illegal war, before that war had started. Her revelation of a classified document urging British intelligence to help the US bug the phones of all the members of the UN security council to manipulate their votes on the war may have been critical in denying the invasion a false cloak of legitimacy.…She did what she could, in time for it to make a difference, as indeed others should have done, and still can. I have no doubt that there are thousands of pages of documents in safes in London and Washington right now—the Pentagon Papers of Iraq—whose unauthorized revelation would drastically alter the public discourse on whether we should continue sending our children to die in Iraq.…Exposing governmental lies carries a heavy personal risk, even in our democracies. But that risk can be worthwhile when a war’s-worth of lives is at stake.” [Guardian, 1/27/2004]
Entity Tags: United Nations, Observer, Vienna Convention on Diplomatic Relations, Wayne Madsen, Loch Johnson, United Nations Security Council, Government Communications Headquarters, Daniel Ellsberg, Katherine Gun, Al-Qaeda, Echelon, National Security Agency, Electronic Privacy Information Center, Frank Koza
Timeline Tags: Events Leading to Iraq Invasion
The United Nations launches an investigation into the electronic and physical surveillance of a number of its Security Council delegates by the National Security Agency (see January 31, 2003). The NSA operation, revealed the week before, was apparently leaked to Britain’s Observer by Katharine Gun, who works at Britain’s Government Communications Headquarters (GCHQ) and has been arrested on suspicion of breaking Britain’s Official Secrets Act (see February 2003). The NSA also solicited the assistance of an intelligence agency of an unnamed “friendly foreign government”; it is believed to be Britain. The leak is touted as “more timely and potentially more important than the Pentagon Papers” by celebrated whistleblower Daniel Ellsberg. The leak of the NSA surveillance program has caused deep embarrassment for the Bush administration, which is working to recruit supporters for a second UN resolution authorizing military force against Iraq (see February 24, 2003). The authorization for the NSA operation is believed to have come from National Security Adviser Rice, but US intelligence experts say that such a decision would have had to involve Defense Secretary Donald Rumsfeld, CIA Director George Tenet, and NSA Director Michael Hayden. President Bush, by necessity, would have been informed of the proposed operation at one of his daily intelligence briefings. While such surveillance of foreign diplomats at the UN is legal under the US’s Foreign Intelligence Surveillance Act (FISA), it violates the Vienna Convention on Diplomatic Relations. According to international law expert Dr. John Quigley, the Vienna Convention stipulates: “The receiving state shall permit and protect free communication on the part of the mission for all official purposes…. The official correspondence of the mission shall be inviolable.” [Observer, 3/9/2003]
Entity Tags: United Nations Security Council, United Nations, National Security Agency, Vienna Convention on Diplomatic Relations, Michael Hayden, John Quigley, Condoleezza Rice, Katherine Gun, Donald Rumsfeld, Foreign Intelligence Surveillance Act, George W. Bush, Government Communications Headquarters, George J. Tenet, Daniel Ellsberg
Timeline Tags: Events Leading to Iraq Invasion
Michael Meacher, a British member of Parliament, and a cabinet minister in Tony Blair’s government until 2003, writes in the Guardian, “Significantly, [Saeed] Sheikh is… the man who, on the instructions of General Mahmood Ahmed, the then head of Pakistan’s Inter-Services Intelligence (ISI), wired $100,000 before the 9/11 attacks to Mohamed Atta, the lead hijacker. It is extraordinary that neither Ahmed nor Sheikh have been charged and brought to trial on this count. Why not?” Daniel Ellsberg, the “Pentagon Papers” whistleblower during the Nixon presidency, states in the same article, “It seems to me quite plausible that Pakistan was quite involved in [9/11]… To say Pakistan is, to me, to say CIA because… it’s hard to say that the ISI knew something that the CIA had no knowledge of.”
Roy Greenslade, a media commentator with The Guardian, wonders why the US media is ignoring revelations by FBI whistleblower Sibel Edmonds, who says that there are links between US officials and the A. Q. Khan nuclear smuggling ring (see January 6, 2008 and After). Greenslade also quotes former Pentagon whistleblower Daniel Ellsberg: “For the second time in two weeks, the entire US press has let itself be scooped by Rupert Murdoch’s London Sunday Times on a dynamite story of criminal activities by corrupt US officials promoting nuclear proliferation. But there is a worse journalistic sin than being scooped, and that is participating in a cover-up of information that demands urgent attention from the public, the US Congress and the courts.” Greenslade calls it a “very hot story” and “world exclusive,” and says it “should surely have been taken up by mainstream newspapers in the United States.” [Guardian, 1/22/2008] One of the few US media outlets that picks up the story initially is Fox News, which reports on one of the claims made in the Sunday Times—that the FBI has denied it has a file on the nuclear smuggling case in response to a Freedom of Information Act, whereas Edmonds says it does have the file, as does a document signed by an FBI official that has been obtained by the Sunday Times (see January 20, 2008). [Fox News, 1/20/2008] The Dallas Morning News will also reprint a section of an article about Edmonds in February. The article was originally written for the American Conservative Magazine by former CIA officer Philip Giraldi. [Dallas Morning News, 2/17/2008]
A journalist and activist sues to overturn provisions in a US defense spending bill that authorize indefinite military detention, including of US citizens, who are accused of being associated with groups engaged in hostilities with the United States (see December 15, 2011, December 31, 2011). The indefinite detention provisions in the NDAA caused considerable controversy from the time they were first proposed (see July 6, 2011 and after). Chris Hedges, formerly of the New York Times, and his attorneys, Carl J. Mayer and Bruce I. Afran, file the suit seeking an injunction barring enforcement of section 1021 (formerly known as 1031) of the 2012 National Defense Authorization Act (NDAA), alleging it is unconstitutional because it infringes on Hedges’ First Amendment right to freedom of speech and association and Fifth Amendment right to due process, and that it imposes military jurisdiction on civilians in violation of Article III and the Fifth Amendment. President Obama and Secretary of Defense Leon Panetta are named as defendants in the initial complaint, individually and in their official capacities. [TruthDig, 1/16/2012] Six other writers and activists will later join Hedges as plaintiffs in the lawsuit: Daniel Ellsberg, Jennifer Bolen, Noam Chomsky, Alexa O’Brien, “US Day of Rage,” Kai Wargalla, and Birgitta Jónsdóttir, who is also a member of parliament in Iceland. Senators John McCain (R-AZ), Harry Reid (D-NV), and Mitch McConnell (R-KY), and Representatives Nancy Pelosi (D-CA), John Boehner (R-OH), and Eric Cantor (R-VA), will be added as defendants, in their official capacities. [Final Complaint: Hedges v. Obama, 2/23/2012 ] The plaintiffs, their attorneys, and two supporting organizations, RevolutionTruth and Demand Progress, will establish a Web site to provide news and information related to the case, including legal documents. [StopNDAA.org, 2/10/2012] The Lawfare Blog will also post a number of court documents related to the case, including some not available at StopNDAA.org, such as the declarations of Wargalla, O’Brien, and Jónsdóttir. [Lawfare, 4/4/2012] Journalist and activist Naomi Wolf will file an affidavit supporting the lawsuit. [Guardian, 3/28/2012] The judge in the case, Katherine B. Forrest, will issue a preliminary injunction enjoining enforcement of the contested section, finding it unconstitutional (see May 16, 2012).
Entity Tags: Chris Hedges, US Congress, US Department of Defense, United States District Court, New York, Southern Division, Carl Mayer, Birgitta JÃ³nsdÃ³ttir, RevolutionTruth, Alexa O’Brien, Barack Obama, Noam Chomsky, White House, Mitch McConnell, Harry Reid, Eric Cantor, Daniel Ellsberg, Jennifer Bolen, Bruce Afran, Nancy Pelosi, Kai Wargalla, John McCain, Katherine B. Forrest, Leon Panetta, John Boehner
Timeline Tags: Civil Liberties
US District Court Judge Katherine B. Forrest (Southern Division, New York) finds a controversial section of the 2012 National Defense Authorization Act (NDAA) unconstitutional and issues a preliminary injunction barring enforcement. Section 1021(b)(2) of the NDAA authorizes indefinite military detention without trial of any person “who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces” (see December 15, 2011). The law makes no exception for US persons. It has been under review by the court because seven individuals (journalists, activists, and politicians) sued, alleging this section is unconstitutional because it violates their First Amendment right to freedom of speech and association and Fifth Amendment right to due process, and that it imposes military jurisdiction on civilians in violation of Article III and the Fifth Amendment (see January 13, 2012). [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Finds NDAA Undermines Protected Speech and Association - The plaintiffs argued that, due to their association with and/or reporting on al-Qaeda and the Taliban in the course of their work as journalists and activists, they might be subject to detention under § 1021, and that, due to the vagueness of the law, there was no way to know if the law could be used against them. In testimony and briefs, the plaintiffs gave examples of how they had altered their speech and behavior out of fear they might be subject to detention. In her Opinion and Order, Forrest notes: “The Government was unable to define precisely what ‘direct’ or ‘substantial’ ‘support’ means.… Thus, an individual could run the risk of substantially supporting or directly supporting an associated force without even being aware that he or she was doing so.” And: “The Government was given a number of opportunities at the hearing and in its briefs to state unambiguously that the type of expressive and associational activities engaged in by plaintiffs—or others—are not within § 1021. It did not. This Court therefore must credit the chilling impact on First Amendment rights as reasonable—and real. Given our society’s strong commitment to protecting First Amendment rights, the equities must tip in favor of protecting those rights.” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Rejects All Three Arguments Made by the Government - Forrest summarizes the government’s position in this way: “[F]irst, that plaintiffs lack standing; second, that even if they have standing, they have failed to demonstrate an imminent threat requiring preliminary relief; and finally, through a series of arguments that counter plaintiffs’ substantive constitutional challenges, that Section 1021 of the NDAA is simply an ‘affirmation’ or ‘reaffirmation’ of the authority conferred by the 2001 Authorization for Use of Military Force.” Rejecting the first and second arguments, Forrest finds the plaintiffs do have standing because their fear of imminent indefinite detention without charge or trial is reasonable, due to the vagueness of § 1021 and the government’s failure to state that the plaintiff’s activities aren’t covered under section 1021, leaving the plaintiffs with no way of knowing if they might be subject to detention. Furthermore, Forrest finds the plaintiffs have suffered actual harm, evidenced by incurring expenses and making changes in speech and association due to fear of potential detention. Regarding the third argument, Forrest rejects the idea that § 1021 could simply be affirming the AUMF, because “[t]o so hold would be contrary to basic principles of legislative interpretation that require Congressional enactments to be given independent meaning”; otherwise § 1021 would be “redundant” and “meaningless.” Furthermore, Forrest finds § 1021 of the NDAA is substantively different than the AUMF; it is not specific in its scope and “lacks the critical component of requiring… that an alleged violator’s conduct must have been, in some fashion, ‘knowing.’” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Judge Finds Lawsuit Will Likely Succeed on Merits, Justifying Injunction - Based on the information put forward by the seven plaintiffs and the government, Forrest concludes the lawsuit will likely succeed on its merits, thus it should be allowed to proceed, stating: “This Court is left then, with the following conundrum: plaintiffs have put forward evidence that § 1021 has in fact chilled their expressive and associational activities; the Government will not represent that such activities are not covered by § 1021; plaintiffs’ activities are constitutionally protected. Given that record and the protections afforded by the First Amendment, this Court finds that plaintiffs have shown a likelihood of succeeding on the merits of a facial challenge to § 1021.” Forrest also notes that issuing a preliminary injunction barring enforcement is unusual, but called for given the evidence and circumstances, stating: “This Court is acutely aware that preliminarily enjoining an act of Congress must be done with great caution. However, it is the responsibility of our judicial system to protect the public from acts of Congress which infringe upon constitutional rights.” [OPINION AND ORDER: 12 Civ. 331 (KBF) Hedges et al v. Obama, preliminary injunction enjoining enforcement of NDAA Section 1021, 5/16/2012]
Entity Tags: Chris Hedges, US Department of Defense, Carl Mayer, United States District Court, New York, Southern Division, White House, Birgitta JÃ³nsdÃ³ttir, US Congress, Alexa O’Brien, Barack Obama, Noam Chomsky, US Department of Justice, Mitch McConnell, Harry Reid, Eric Cantor, Daniel Ellsberg, Jennifer Bolen, Nancy Pelosi, Leon Panetta, John Boehner, Katherine B. Forrest, John McCain, Bruce Afran, Kai Wargalla
Timeline Tags: Civil Liberties
President Obama’s Justice Department files a motion urging a federal judge to reconsider a ruling and order that blocked enforcement of a law authorizing indefinite military detention. The case is Hedges v. Obama and the law at issue is section 1021 of the 2012 National Defense Authorization Act (NDAA). The filing calls Judge Katherine B. Forrest’s preliminary injunction barring enforcement of Section 1021(b)(2) of the NDAA (see May 16, 2012) “extraordinary” as it restricts the president’s authority during wartime. It also questions whether “an order restraining future military operations could ever be appropriate,” and disputes Forrest’s finding that the plaintiffs who had sued to overturn the law (see January 13, 2012) have standing to sue. In footnote 1, the government states that it is construing the order “as applying only as to the named plaintiffs in this suit.” Forrest will clarify in a subsequent Memorandum Opinion and Order that by blocking enforcement of § 1021(b)(2), the only remaining persons covered are those defined in § 1021(b)(1): “A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks” (see June 6, 2012). [Hedges v. Obama: Government's Memorandum of Law in Support of Its Motion for Reconsideration of the May 16, 2012, Opinion and Order, 5/25/2012]
Background - The NDAA was passed by Congress on December 15, 2011 (see December 15, 2011) and signed into law by President Obama on December 31 (see December 31, 2011). The provision for indefinite military detention of any person accused of supporting groups hostile to the United States, without charge or trial, began to generate controversy soon after it was disclosed (see July 6, 2011 and after).
Entity Tags: Noam Chomsky, US Congress, White House, US Department of Justice, United States District Court, New York, Southern Division, US Department of Defense, Mitch McConnell, Nancy Pelosi, Katherine B. Forrest, Carl Mayer, Bruce Afran, Birgitta JÃ³nsdÃ³ttir, Barack Obama, Alexa O’Brien, Chris Hedges, Leon Panetta, Kai Wargalla, Daniel Ellsberg, John McCain, John Boehner, Jennifer Bolen, Eric Cantor, Harry Reid
Timeline Tags: Civil Liberties
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