GRAVEL V.
Louane Le GOUIC / Fatoumata FOFANA / Soizic JOLAS
introduction
GRAVEL V. UNITED STATES
The Pentagon Papers → a top-secret file describing the military and political involvement of the US government in the Vietnam War.
1967 : “United States-Vietnam Relations, 1945-1967 : A Study Prepared by the Department of Defense”
FRAMEWORK
INTRODUCTION
i- historical and political context
iI-facts and legal procedure
iii- court decisions
iv-Gravel’s legacy and the case consequences on society
conclusion
GRAVEL V. UNITED STATES
SECTION 1
I- Context
GRAVEL V. UNITED STATES
context
GRAVEL V. UNITED STATES
Historical context
Great losses = bombing, massive
destructions, civilians killed
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
context
GRAVEL V. UNITED STATES
Political 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
context
GRAVEL V. UNITED STATES
Social context
1965 : Beginning of the Vietnam War protests → increase by 1970 when Cambodia was invaded
4th of May of 1970 : Kent state shooting
“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
→
Nixon justification :
Section two of the second article of the Constitution :
context
GRAVEL V. UNITED STATES
Legal context
Kilbourn v. Thompson, a case from 1881, affirmed the principle of congressional immunity
Section 2
II- Facts and legal procedure
GRAVEL V. UNITED STATES
facts & legal procedure
GRAVEL V. UNITED STATES
Mike Gravel
・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
facts & legal procedure
GRAVEL V. UNITED STATES
The Pentagon Papers
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
Daniel Ellsberg
Then, Daniel Ellsberg went to the Washington Post → also censured
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.”
facts & legal procedure
GRAVEL V. UNITED STATES
The Pentagon Papers
Daniel Ellsberg released the file to US senator Mike Gravel
↙
He had taken an assistant : Leonard Rodberg
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 inserted the 4 100 pages left of the Pentagon Papers into the Congressional Record
June the 21th : during a subcommittee meeting, the senator started to read
the file
facts & legal procedure
GRAVEL V. UNITED STATES
The Pentagon Papers
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
facts & legal procedure
GRAVEL V. UNITED STATES
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
The Supreme Court
SECTION 3
III- Decision
GRAVEL V. UNITED STATES
GRAVEL V. UNITED STATES
The Speech and Debate Clause
DECISION
DECISION
"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"
Article 1, section 6 of the U.S Constitution
GRAVEL V. UNITED STATES
DECISION
The Speech and Debate Clause
・Protect legislators from executive branch → immunity for members of
Parliament
protected from :
・arrests
・lawsuits
・investigations
Exceptions for :
・"treason"
・"felony"
・"breach of the Peace"
LOREM IPSUM
GRAVEL V. UNITED STATES
DECISION
Arguments :
・Erwin N. Griswold
・Sam J. Ervin, Jr
・Robert J. Reinhstein
・William B. Saxbe
・Charles L. Fishman
gravel's aide
the government
extension of the immunity to the Congressman's aide
・Strict application of the 1st Article
・posibility of abuse due to the extension of the article
LOREM IPSUM
GRAVEL V. UNITED STATES
DECISION
Prior decisions :
"No witness before the grand jury currently investigating the release of the Pentagon Papers may be questioned about Senator Mike Gravel's conduct"
First instance
cour of appeals
DECISION :
Rodberg can't be questioned about his implication because of the protection written in the Speech and Debate Clause
The Court reiterated the decision of the District Court
The Government made a petition a certiori
Petition a certiori = a request made to a higher court, usually the U.S Supreme Court, to review a case
LOREM IPSUM
GRAVEL V. UNITED STATES
DECISION
The Supreme Court :
Did the subpoena of Senator Gravel's aide violate the Speech and Debate Clause of Article I of the Constitution?
Douglas
Brennan
Stewart
Marshall
Blackmun
White
Rehnquist
Powell
Burger
Against
For
5 to 4 decision = 5 justices responded "yes" and 4 justices responded in the negative way
SECTION 4
IV- Consequences
GRAVEL V. UNITED STATES
consequences
GRAVEL V. UNITED STATES
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
Rejection of all form of corruption, wars and
anti-constitutional actions
POPULAR OPINION :
LOREM IPSUM
GRAVEL V. UNITED STATES
consequences
Application of the Speech and Debate Clause after the case :
Cases based on Gravel v. United States :
Hutchinson v. Proxmire
United States v. Rayburn House Office Building
Wuterich v. Murtha
・defamatory actions arising from
comments made in legislative role・application of Westfall Act
・searches of congressional offices
・confirmation of the Speech Debate Clause
for a congressman
confirmation of the Speech Debate Clause for a senator
Westfall Act = absolute immunity for federal employees
consequences
GRAVEL V. UNITED STATES
Freedom of the press:
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
1st Amendment
consequences
GRAVEL V. UNITED STATES
Resignation of President Nixon :
President Nixon : was involved against the disclosure of information in Gravel's case
Watergate 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
SECTION 4
Conclusion
GRAVEL V. UNITED STATES
The Supreme Court reaffirmed
fundamental principles :
・Speech and Debate Clause
・Freedom of the press
The United States was in a
period of diplomatic tension :
Climate of mistrust toward the Government
by the citizens after the Pentagon Papers
Thank you for listening !
Questions ?
GRAVEL V. UNITED STATES
Bibliography
・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/
GRAVEL V. UNITED STATES
