GRAVEL V. UNITED STATES

Louane Le GOUIC / Fatoumata FOFANA / Soizic JOLAS

GRAVEL V.UNITED STATES

1967 : “United States-Vietnam Relations, 1945-1967 : A Study Prepared by the Department of Defense”

The Pentagon Papers → a top-secret file describing the military and political involvement of the US government in the Vietnam War.

GRAVEL V. UNITED STATES

introduction

GRAVEL V. UNITED STATES

conclusion

iv-Gravel’s legacy and the case consequences on society

iii- court decisions

iI-facts and legal procedure

i- historical and political context

INTRODUCTION

FRAMEWORK

GRAVEL V. UNITED STATES

I- Context

SECTION 1

1965・1973 : the USA was deeply involved in the war and sent many soldiers to support South Vietnam which caused a great human loss

1955・1975 : the Cold War emerged the Vietnam War

Great losses = bombing, massivedestructions, civilians killed

Historical context

GRAVEL V. UNITED STATES

context

President Nixon

20 000 troops were sent to Cambodia to fight the North Vietnamese

1972 : reduction of American soldiers involvement in Vietnam

June 1969 : election of President Nixon

Political context

GRAVEL V. UNITED STATES

context

Section two of the second article of the Constitution :

Nixon justification :

“The president shall be the Commander in Chief of the Army and Navy of the United States…”↘Violation of the American law and Constitution by many citizens

4th of May of 1970 : Kent state shooting

1965 : Beginning of the Vietnam War protests → increase by 1970 when Cambodia was invaded

Social context

GRAVEL V. UNITED STATES

context

Kilbourn v. Thompson, a case from 1881, affirmed the principle of congressional immunity

Legal context

GRAVEL V. UNITED STATES

context

GRAVEL V. UNITED STATES

II- Facts and legal procedure

Section 2

・Died in june 2021

・1968・1982 : democratic senator from Alaska ・ He received a copy of the Pentagon Papers

・Democratic presidential nomination in 2008 and 2020

・Born in 1930 → 42 years old during the case

Mike Gravel

GRAVEL V. UNITED STATES

facts & legal procedure

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Trial of the press agencies : The Supreme Court authorized the publication of the Pentagon Papers on behalf of freedom of the press and the first amendment of the Constitution.

Then, Daniel Ellsberg went to the Washington Post → also censured

Daniel Ellsberg

1971 : Daniel Ellsberg, one of the thirty six analysts on the project reveal their existence He made a copy of the file and delivered it to the New York Times ↘Restraining order = a written instruction made by a court that forbids a particular action until a judge has made a decision about the matter

The Pentagon Papers

GRAVEL V. UNITED STATES

facts & legal procedure

June the 21th : during a subcommittee meeting, the senator started to read the file

Gravel inserted the 4 100 pages left of the Pentagon Papers into the Congressional Record

Congressional Record = “after each day that Congress is in session, the proceedings are printed in the Congressional Record (CR) and available the following morning.” - Congress.gov

Daniel Ellsberg released the file to US senator Mike Gravel↙He had taken an assistant : Leonard Rodberg

The Pentagon Papers

GRAVEL V. UNITED STATES

facts & legal procedure

Grand jury = a group of people who decide if a person who has been charged with a crime should be given a trial in a law court

Mike Gravel gave the full file to the Beacon Press ⇘Rodberg (Gravel’s assistant), was subpoenaed by a grand jury

The Pentagon Papers

GRAVEL V. UNITED STATES

facts & legal procedure

The Supreme Court

The case of the Pentagon Papers was judged under the Burger CourtTransitional court from the liberal rulings of the Warren Court to the conservative rulings of the Rehnquist Court

GRAVEL V. UNITED STATES

facts & legal procedure

GRAVEL V. UNITED STATES

III- Decision

SECTION 3

Article 1, section 6 of the U.S Constitution

"The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place"

DECISION

DECISION

The Speech and Debate Clause

GRAVEL V. UNITED STATES

・"treason"・"felony"・"breach of the Peace"

Exceptions for :

・arrests・lawsuits・investigations

protected from :

・Protect legislators from executive branch → immunity for members of Parliament

The Speech and Debate Clause

DECISION

GRAVEL V. UNITED STATES

・Strict application of the 1st Article・posibility of abuse due to the extension of the article

extension of the immunity to the Congressman's aide

the government

gravel's aide

・Sam J. Ervin, Jr・Robert J. Reinhstein・William B. Saxbe・Charles L. Fishman

・Erwin N. Griswold

Arguments :

DECISION

GRAVEL V. UNITED STATES

LOREM IPSUM

Petition a certiori = a request made to a higher court, usually the U.S Supreme Court, to review a case

The Government made a petition a certiori

The Court reiterated the decision of the District Court

Rodberg can't be questioned about his implication because of the protection written in the Speech and Debate Clause

DECISION :

cour of appeals

First instance

"No witness before the grand jury currently investigating the release of the Pentagon Papers may be questioned about Senator Mike Gravel's conduct"

Prior decisions :

DECISION

GRAVEL V. UNITED STATES

LOREM IPSUM

5 to 4 decision = 5 justices responded "yes" and 4 justices responded in the negative way

For

Against

Burger

Powell

Rehnquist

White

Blackmun

Marshall

Stewart

Brennan

Douglas

Did the subpoena of Senator Gravel's aide violate the Speech and Debate Clause of Article I of the Constitution?

The Supreme Court :

DECISION

GRAVEL V. UNITED STATES

LOREM IPSUM

GRAVEL V. UNITED STATES

IV- Consequences

SECTION 4

POPULAR OPINION :

Rejection of all form of corruption, wars and anti-constitutional actions

Protection of the executive by the courts

No other member did the same

Did the denonciation of the system’s secrets last after Gravel V. United States ?

GRAVEL V. UNITED STATES

consequences

Westfall Act = absolute immunity for federal employees

confirmation of the Speech Debate Clause for a senator

・searches of congressional offices・confirmation of the Speech Debate Clause for a congressman

・defamatory actions arising from comments made in legislative role ・application of Westfall Act

Wuterich v. Murtha

United States v. Rayburn House Office Building

Hutchinson v. Proxmire

Cases based on Gravel v. United States :

Application of the Speech and Debate Clause after the case :

consequences

GRAVEL V. UNITED STATES

LOREM IPSUM

1st Amendment

Nixon’s point of view : existence of a radical left wing conspiracy into the government, personal attack

New York Times v. United States : the Supreme Court allowed the newspaper to keep publishing

Freedom of the press:

GRAVEL V. UNITED STATES

consequences

1974 : procedure of impeachment against him↘he resigned before the court's decision

President Nixon : was involved against the disclosure of information in Gravel's caseWatergate scandal : a case of theft of information during the presidential campaign of Nixon

Resignation of President Nixon :

GRAVEL V. UNITED STATES

consequences

Climate of mistrust toward the Government by the citizens after the Pentagon Papers

The United States was in a period of diplomatic tension :・Cold War ・Vietnam War

・Speech and Debate Clause・Freedom of the press

The Supreme Court reaffirmed fundamental principles :

GRAVEL V. UNITED STATES

Conclusion

SECTION 4

GRAVEL V. UNITED STATES

Thank you for listening !Questions ?

GRAVEL V. UNITED STATES

・American Congress [online] - https://www.congress.gov/・American Supreme Court [online] - https://www.supremecourt.gov/・Legal Information institute, "Mike Gravel United States senator v. United States" [online] - https://www.law.cornell.edu/supremecourt/text/408/606#fn1_ref・Beacon Press, "Beacon Press and the Pentagon Papers" [online] - http://www.beacon.org/ ・CNN. "Former US Sen. Mike Gravel dies at 91" - https://edition.cnn.com/ ・History. "Vietnam War : causes, consequences and impact" [online] - https://www.history.com/topics/vietnam-war/vietnam-war-history・Oyez, "Gravel v. United States" [online] -https://www.oyez.org/cases/1971/711017#:~:text=5%E2%80%934%20decision%20for%20Gravel&text=The%20Court%20held%20that%20because,the%20Speech%20and%20Debate%20Clause.・Cambrigde Dictionnary - https://dictionary.cambridge.org/・Lawaspect, "Gravel v. United States - Case Briefs" - 1971 [online] - https://lawaspect.com/case-gravel-v-united-states/・Google Scholar (Supreme Court) "GRAVEL v. UNITED STATES. (No. 71-1017.), Supreme Court of United States." [online] - https://scholar.google.com/scholar_case?case=2739100783028836019&hl=en&as_sdt=6&as_vis=1&oi=scholarr・Gravel Institute [online] - https://www.gravelinstitute.org/

Bibliography