GRAVEL V. UNITED STATES

GRAVEL V.UNITED STATES

Louane Le GOUIC / Fatoumata FOFANA / Soizic JOLAS

GRAVEL V. UNITED STATES

introduction

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

FRAMEWORK

INTRODUCTION

i- historical and political context

iii- court decisions

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

iI-facts and legal procedure

conclusion

GRAVEL V. UNITED STATES

SECTION 1

I- Context

GRAVEL V. UNITED STATES

Historical context

context

1955・1975 : the Cold War emerged the Vietnam War

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

Great losses = bombing, massive destructions, civilians killed

GRAVEL V. UNITED STATES

Political context

context

June 1969 : election of President Nixon

1972 : reduction of American soldiers involvement in Vietnam

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

President Nixon

GRAVEL V. UNITED STATES

Social context

context

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

4th of May of 1970 : Kent state shooting

Nixon justification :

Section two of the second article of the Constitution :

“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

GRAVEL V. UNITED STATES

Legal context

context

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

GRAVEL V. UNITED STATES

Section 2

II- Facts and legal procedure

GRAVEL V. UNITED STATES

Mike Gravel

facts & legal procedure

・Born in 1930 → 42 years old during the case

・Democratic presidential nomination in 2008 and 2020

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

・Died in june 2021

GRAVEL V. UNITED STATES

The Pentagon Papers

facts & legal procedure

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

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

Daniel Ellsberg

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.

“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.”

GRAVEL V. UNITED STATES

The Pentagon Papers

facts & legal procedure

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

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

GRAVEL V. UNITED STATES

The Pentagon Papers

facts & legal procedure

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

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

GRAVEL V. UNITED STATES

facts & legal procedure

The Supreme Court

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

GRAVEL V. UNITED STATES

SECTION 3

III- Decision

GRAVEL V. UNITED STATES

The Speech and Debate Clause

DECISION

DECISION

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"

GRAVEL V. UNITED STATES

The Speech and Debate Clause

DECISION

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

protected from :

・arrests ・lawsuits ・investigations

Exceptions for :

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

GRAVEL V. UNITED STATES

Arguments :

LOREM IPSUM

DECISION

the government

gravel's aide

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

・Erwin N. Griswold

・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

GRAVEL V. UNITED STATES

Prior decisions :

LOREM IPSUM

DECISION

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"

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

DECISION :

cour of appeals

The Court reiterated the decision of the District Court

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

GRAVEL V. UNITED STATES

The Supreme Court :

LOREM IPSUM

DECISION

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

White

Burger

Stewart

Marshall

Blackmun

Brennan

Douglas

Powell

Rehnquist

For

Against

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

GRAVEL V. UNITED STATES

SECTION 4

IV- Consequences

GRAVEL V. UNITED STATES

consequences

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

No other member did the same

Protection of the executive by the courts

POPULAR OPINION :

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

GRAVEL V. UNITED STATES

LOREM IPSUM

consequences

Application of the Speech and Debate Clause after the case :

Cases based on Gravel v. United States :

Hutchinson v. Proxmire

Wuterich v. Murtha

confirmation of the Speech Debate Clause for a senator

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

United States v. Rayburn House Office Building

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

Westfall Act = absolute immunity for federal employees

GRAVEL V. UNITED STATES

Freedom of the press:

consequences

1st Amendment

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

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

GRAVEL V. UNITED STATES

Resignation of President Nixon :

consequences

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

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

GRAVEL V. UNITED STATES

Conclusion

SECTION 4

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

The Supreme Court reaffirmed fundamental principles :

・Speech and Debate Clause・Freedom of the press

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

GRAVEL V. UNITED STATES

Thank you for listening ! Questions ?

Bibliography

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/